Enforcement Officers Research Articles

Problematika Kepastian Hukum Terhadap Penerapan Restorative Justice Dalam Penanganan Perkara Tindak Korupsi Dana Desa

The implementation of regional authorities and the allocation of village funds that should be used for welfare and development at the village level have instead become new grounds for corruption for some elements. Law enforcement that is able to provide a deterrent effect on perpetrators is very important so that the idea and application of restorative justice to perpetrators of corruption in village funds needs to be studied further in terms of how the limitations of the application of restorative justice by law enforcement officials in a crime and whether the application of restorative justice against acts of corruption in village funds to fulfill the principle of legal certainty. This research is a normative research with a statutory approach (the statute approach) and a conceptual approach (conceptual approach). The results of the study show that law enforcement officials in implementing restorative justice for a crime must pay attention to the specified conditions, for corruption crimes cannot be applied to restorative justice based on the Head of Police Regulation Number 8 of 2021 concerning Handling of Crimes Based on Restorative Justice and the Prosecutor's Office Regulations of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice; Next, the application of law must not ignore the principle of legal certainty. Legal certainty also means the clarity of norms that become a reference for behavior, these norms contain consistency, both internally in the law and horizontal consistency with others or vertical consistency with higher laws and regulations. The application of restorative justice to criminal acts of corruption (including corruption in village funds) has violated the principle of legal certainty as well as ignoring the value of justice and the usefulness of law, so its application must be reviewed.

Legal Protection and Liability for Multimodal Transport Operators in The Transport of Dangerous and Toxic Goods

Legal protection protects human rights that harm other people, and every human being is provided with this protection in order they can savor all of their legal right. In other words, legal protection is various legal remedies that must be provided by law enforcement officials to provide a sense of security, both physically and mentally as well as interference from various threats originating from any party. In contrast, transportation law can be interpreted as the overall legal norms and principles governing relationships and consequences of transportation law. This research shows that a form of legal protection for transportation service users can be provided in the form of preventive and repressive legal protection. The responsibility given to service users is in the form of compensation or compensation in the event of damage or loss of goods in the transportation process. There are two approaches used by researchers in this thesis, namely the Legislative Approach and the Conceptual Approach. In this legislative approach, the approach in legal research that provides an analytical point of view of problem-solving legal research is seen from the aspects of the legal concepts that lie behind it or even can be seen from the values contained in the normalization of regulation with the concepts used. Most of these approaches are used to understand the concepts related to normalization in legislation, whether they are in accordance with the spirit contained in the underlying legal concepts.

Badung’s Environment and Cleanliness Agency Law Enforcement Competency Certification Procedure: A Comparative Study with The Department of Environment in Australia

This research aims to develop quality human resources in the Environment and Cleanliness Agency of Badung Regency. The research also compares the Badung Environment and Cleanliness Agency workforce with the Environment Agency officers in Australia. As a law country, Indonesia requires support from various stakeholders, especially law enforcement officials. The definition of law enforcement officers in a narrow sense is the police, prosecutors, and judges, while in a broad sense it is defined by all officers in law enforcement institutions who have the authority to inspect, supervise or enforce laws. The holistic quality of law enforcement officers will build an ideal work ecosystem. In the current condition, many of them are involved in criminal actions such as corruption thus, they do not receive trust from the public. In addition, they are also considered less swift in supervising the community’s actions. That is because of the economic welfare, lack of education, and lack of workers at work. The legal research method used is normative, using a comparative approach and a statutory approach. Nowadays, Badung Regency conditions currently have many lodgings in Bali, Hence the challenge for the Badung Regency Environment and Cleanliness Agency to supervise the construction of the lodging place. The research findings show a challenge in the unequal quantity between officers in the field of supervision who have obtained certificates of competence at the Badung Regency Environment and Cleanliness Agency and the construction of thousands of hotels there. The total shortage of workers at the Badung Regency Environment and Cleanliness Agency is 12 (twelve) workers. While In Australia has sufficient labor and equal pay, especially in the environment department.

Self-assessment toolkit for energy anti-money laundering: unveiling key lessons from high-profile case studies

Abstract Money laundering is pervasive across industries, including the energy sector. This article examines nine high-profile money laundering cases in the energy industry from anti-money laundering (AML) perspective. By analysing these cases, criminal strategies and patterns used to launder money in the energy sector are uncovered. This research findings reveal that money launderers in the energy sector employ various tactics, such as shell companies, false invoicing and complex international transactions. It also identifies common patterns that emerge across multiple cases, including using intermediaries, exploiting regulatory loopholes and weak links in the supply chain. The analysis provides key insights that AML enforcement officials and regulators can use to develop more effective strategies for preventing money laundering in the energy industry. In conclusion, the research outlines a comprehensive framework that regulators can use to strengthen AML controls and reduce the risk of money laundering in the energy sector. The proposed utility function considers a weighted score toolkit for the countries’ self-assessment of the AML enforcement effectiveness in the energy sector.

Legal Compliance Of Taxpayers In Medan Against Voluntary Disclosure Program

This voluntary disclosure Program aims to improve taxpayer compliance by voluntarily disclosing tax-related information. This Program provides an opportunity for taxpayers to avoid sanctions and fines and obtain legal certainty. However, the success of this program is influenced by the understanding of taxpayers, supervision, law enforcement, and quality of service of tax authorities. To improve compliance, there needs to be more effective socialization, stricter law enforcement, better service, and periodic program evaluation. It requires intensive and coordinated efforts from the government, law enforcement officials, and the public to achieve higher levels of compliance and increase state revenue from the tax sector.

Law Enforcement Domestic Offender Violenc: Domestic Violence

Domestic violence according to Law Number 23 of 2004 is any act against a person, especially women, which results in physical, sexual, psychological, and/or domestic misery or suffering including threats to commit unlawful acts, coercion, or deprivation of independence within the scope of the household. This paper aims to find out how to enforce domestic violence or domestic violence laws. The method used is a descriptive method of analysis, which is to explore information that is in accordance with events in the field through the person concerned or respondent. while the approach used in this study is a qualitative approach. The results of this study show that the Law on Domestic Violence enforced through Law No. 20 of 2003 until now has not been fully enforced effectively to provide protection to victims of domestic violence. Various sociological factors that cause the ineffectiveness of law enforcement include the absence of a common paradigm among law enforcement officials regarding the protection of victims of domestic violence, uneven socialization of legal provisions, unbalanced legal facilities available with cases that occur, not optimal public legal awareness and friction between the values adopted by this law and the values that apply in some communities.

APPLICATION OF JUSTICE COLLABORATOR IN EVIDENCE OF CRIMINAL ACTS IN INDONESIA

In various countries, the application of Justice Collaborators varies, the application of Justice Collaborators was first recognized in Italy, at that time a member of the Italian mafia Joseph Valachi was tested for crimes committed by his group, then followed by America and Australia legally protection. Meanwhile, in Indonesia, arrangements regarding new Justice Collaborators are regulated in joint regulations with law enforcement officials as well as a circular letter from the Supreme Court. In giving testimony, in general, Justice Collaborators were motivated by a reduced term of detention or from their heart the intention to repent. However, in testimony, sometimes a Justice Collaborator is harassed or hindered by a fellow member who commits a crime, and this is what every country in the world needs to regulate so that the dismantling of a crime case can run optimally. In responding to Corruption cases, countries in the world have responded with various regulations so that they can create a deterrent effect for the perpetrators of these crimes, regarding the Justice Collaborator rules they have included in their country's laws. However, in Indonesia, the rules regarding witnesses, perpetrators and reporters are only regulated in the Supreme Court Circular Number 04 of 2011 and regulations with law enforcement officials and the Witness and Victim Protection Agency (LPSK). It is fitting that the rules regarding the protection of reporting witnesses and collaborating witness witnesses be included in the laws of our country, so that the courageous mentality of the witnesses can continue.

The Role of Indigenous Peoples, Social Workers, and the Syar’iyah Court in Diversion of Children Perpetrators of Jinayah

The juvenile justice system as a legal efforcement to guarantee the rights of children who conflict with the law. The mechanism for the criminal justice system against children is carried out through diversion involving judicial officials. However, problems arise in enforcing the criminal justice system for children engaged in Jinayah cases. It is because the Jinayah case must obey the qanun implemented in Aceh. The punishment given to the perpetrators of Jinayah can be in the form of flogging or imprisonment. For a child, that punishment can be traumatic for the child’s mental health. Therefore, this research will examine various efforts to minimize the impact of this punishment on the psychological development of children who become perpetrators of Jinayah. The problem of this study is how a child can maintain his psychological health after becoming a perpetrator of Jinayah. This research is essential to protect children’s psychological development as perpetrators of Jinayah. The purpose of this study is to find various efforts to maintain the mental development of children as perpetrators of Jinayah. Thus, the research method used to answer these problems is qualitative with a normative approach and literature study. The normative research will analyze various legal regulations regarding criminal and Jinayah acts. Then, it will support a literature study to gain a comprehensive and depth understanding of the topic of study. The results are that children as perpetrators of Jinayah have a risk of psychological trauma, and juvenile criminal law needs to be strengthened. Strengthening this law can be in the form of harmonizing the diversion of children with the Jinayah law. The cooperation of various parties, namely, law enforcement officials, social workers, and indigenous peoples, can minimize the risk of child psychological trauma.

Professional ethics in law enforcement agencies

The article explains what the ethics of law enforcement agencies are. Having analyzed the concept of law enforcement ethics, it was determined that it is a type of professional ethics, one of the branches of ethical science, the science of morality.The professional ethics of law enforcement agencies in a broad and narrow sense were considered, and it was determined that the ethics of law enforcement agencies should be understood as a certain system of basic principles for regulating the behavior of law enforcement officers, which is built taking into account the peculiarities of professional activity.A doctrinal interpretation of the “Code of Conduct of Law Enforcement Officials” was carried out. In particular, its moral and ethical content is determined, which consists in the fact that its main purpose is to ensure effective support of ethical norms among law enforcement officials, focus on the priority of universal moral values, etc.It was concluded that the Code of Conduct, as an “authoritative” document generally recognized by the international community, establishes the main deontological standards for ensuring law and order. It was emphasized that when developing standards for ensuring law and order in Ukraine, it is necessary to take into account the traditions that have developed historically, the peculiarities of the economic and social situation of our country, as well as the standards should be created so that they correspond to the standards of a democratic state, the norms of ensuring law and order in a democratic society, etc.It is emphasized that moral requirements for law enforcement professions can also be enshrined in regulatory and legal acts as mandatory. It is noted that deontological codes or rules of ethical behavior cannot cancel or replace the provisions of the current legislation on law enforcement activities, but supplement and specify them.Er werd vastgesteld dat het behoren van een persoon tot een specifieke beroepsgroep veronderstelt dat zijn gedrag en alle professionele activiteiten in overeenstemming zijn met bepaalde normen - regels en normen, morele en ethische vereisten van de samenleving. Het niveau van professionaliteit in dergelijke professionele teams wordt niet alleen gemeten aan de hand van kennis, vaardigheden en capaciteiten, maar ook aan de naleving van bepaalde vaste normen van professioneel gedrag tijdens het proces van professionele activiteit.It was emphasized that the formation of the appropriate level of ethical competence will allow the employee of the law enforcement agency to more effectively perform his professional duty and will contribute to increasing his authority among colleagues and the population.

Penerapan Prinsip-Prinsip Good Governance Dalam Mewujudkan Kualitas Pelayanan Publik Pada Dinas Perdagangan Kabupaten Kediri

This research takes a case study at the Kediri Regency Trade Office in applying the principles of Good Governance in realizing the quality of public services. This type of research is descriptive research using a qualitative approach. The data collection technique used interviews with selected informants, namely apparatus at the Market UPTD, and the Kediri District Trade Office. Data analysis uses an interactive model of four stages, namely data collection, data condensation, data presentation, and drawing conclusions. The results of this study state that the application of the principles of Good Governance at the Kediri Regency Trade Service is quite good but has several notes. The record is in terms of transparency and participation. Transparency must be further strengthened by commitment between stakeholders in its implementation. Meanwhile, participation can be said to be not very participatory, because it has not involved the community when formulating policies. Supporting factors consist of 3 (three) things, namely the role and support of the leadership, a collaboration between governments, and direct supervision from law enforcement officials. While the inhibiting factors consist of 3 (three) things, namely the head of the service which is not yet definitive, limited human resources, and reports from NGOs.

Artisanal mining and its drivers in the South African context

In South Africa, Zama Zama mining is a colloquial term referring to artisanal mining. This type of mining is illegal, seeing that these mining activities are conducted without a mining license. Zama Zama mining is often associated with several social ills, for example, issues related to the miners’ health and safety, environmental deprivation, child labour and the occurrence of violence and conflict within the sector. South African mining companies and law enforcement officials tend to view the solution to these problems to lie in policing this sector but are achieving little success. This article suggests an alternative, more proactive approach by exploring the drivers of artisanal gold mining in South Africa and ascertaining the responsibilities of mining companies in mitigating the drivers. A re-examination of Zama Zama mining's marginalisation could replace the current reactive ways pursued through policing and criminalising the sector with more sustainable and proactive approaches to address the sector's problems.

Implikasi Hukum Terhadap Penetapan Tersangka Kembali Setelah Dibatalkan Oleh Putusan Praperadilan

This study aims to find out about . What are the legal provisions for determining suspects as pretrial objects in criminal law and b What are the legal implications for re-determination of suspects after being canceled by a pretrial decision. The data collection method in this study was carried out by literature study, which is a way of collecting data by searching and studying library materials (literature, research results, scientific magazines, scientific bulletins, scientific journals, etc.). Legal materials are collected through inventory procedures and identification of laws and regulations, as well as classification and systematization of legal materials according to research problems. Therefore, the data collection technique used in this study was a literature study. The results of the study show that pretrial is a new thing in the life of law enforcement in Indonesia, has a goal to be upheld and protected, namely protecting the rights of suspects at the level of investigation and prosecution or preventing the arbitrariness of law enforcement officials against someone who is undergoing a legal process and To guarantee the protection of human rights and for law enforcers to carry out their duties consistently, the Criminal Procedure Code establishes a new institution called pretrial. Seeing the contents of the decision as referred to in Article 82 paragraph (3) of the Criminal Procedure Code, that there are 3 (three) types of implementation of pretrial decisions: committing certain acts, paying an amount of money and providing rehabilitation. The legal basis for pretrial authority in deciding the suspect's determination is found in the Constitutional Court (MK) decision No. 21/PUU-XII/2014 which states that the determination of the status of a suspect is included in the object of pretrial and also in its ruling that Article 77 of the Criminal Procedure Code is contrary to the 1945 Constitution and does not have binding legal force as long as the pretrial is not interpreted including determination of suspects, searches , and confiscation. Meanwhile, the background to the addition of pretrial authority in deciding the determination of the suspect is that the determination of the suspect's status is the end result of the investigation activities carried out which are none other than the object of pretrial. Criminal acts after the status of the determination of the suspect is declared invalid in the pretrial decision are basically still valid. Examination in pretrial cases is only in the administrative area of ​​the investigative process. Often the Pretrial decision which cancels the determination of the suspect by the investigator, is based.

Kewenangan Panitia Urusan Piutang Negara Ditinjau Dari Teori Sistem Hukum

The position of the Committee for State Receivables (PUPN), from a constitutional point of view, should be able to become a strong and professional representative interdepartmental institution in line with the goals and expectations of its establishment in accordance with laws and regulations to support the wheels of the economy and benefit the country's finances at a macro level. The problem in this study is regarding how PUPN's authority is viewed from the point of view of the legal system theory. The method used in this research is descriptive research method with a normative juridical approach. Law Number 49 Prp of 1960 concerning the Committee for State Receivable Affairs, is the forerunner of the paradigm for settlement of State Receivables by incorporating elements of managing and collecting state debts with very effective and strong authority from a legal standpoint. In addition, the institutional form that is interdepartmental gives a special image and the presence of law enforcement officials in it can have a significant psychological effect on the debt guarantor. Not to mention that the PUPN itself is equipped with parate execution powers which are the same as the court's execution powers.

Pertanggungjawaban Pidana terhadap Pelaku Obstruction of Justice dalam Perkara Tindak Pidana Kekerasan Seksual

One of the causes of sexual violence is the failure of law enforcement officials to eradicate sexual predators due to acts of obstruction of justice which are often carried out by certain individuals. Obstruction of justice is an action that obstructs and obstructs the law enforcement process in various forms. This research will review the matter of how the obstruction of justice is regulated in Indonesian positive law and the forms of criminal liability for perpetrators of obstruction of justice in cases of criminal sexual violence? This research uses normative juridical methods in the form of a literature study and examines several statutory regulations. The results of his research indicate that regulations regarding obstruction of justice are contained in Article 221 of the Criminal Code and are spread across several special laws such as laws on eradicating corruption, terrorism and criminal acts of sexual violence. Regarding criminal liability, a person who commits obstruction of justice in a criminal case of sexual violence can be held accountable in the form of a maximum prison sentence of 5 years. Essentially, the regulations governing obstruction of justice in criminal acts of sexual violence are quite good, but the government is expected to immediately speed up the formation of derivative regulations or implementing regulations for the TPKS Law in the form of government regulations so that the TPKS Law can be implemented properly.

Machine learning prediction of petty corruption intention among law enforcement officers

Law enforcement agencies face a widespread problem of corruption, which jeopardizes their credibility and institutional integrity. Thus, the primary goal of this study is to develop a machine learning prediction model for petty corruption intentions as an early warning system for law enforcement officials who fail to perform their duties and obligations with integrity. Using a questionnaire survey of two hundred twenty-five participants, from senior officers to rank and file police officers, this study presents the fundamental knowledge on the design and implementation of machine learning model based on six selected algorithms; generalized linear model, fast last margin, decision tree, random forest, gradient boosted trees, and support vector machine. In addition to demographic factors, the efficacy of each machine learning algorithm on petty corruption was evaluated using general strain theory (GST) attributes: financial stress, work stress, leadership pressure, and peer pressure. The findings indicated that peer pressure has given the highest weight of contributions to most of the machine learning algorithms. The most outperformed machine learning in terms of the classification accuracy is gradient boosted trees with accuracy above 90%. This paper presents useful knowledge to enhance the realization of implementing intelligent corruption detection tools.

Legal Reconstruction of the Prosecutor Authority in the Settlement of Juvenile Crime Based on Pancasila Restorative Justice

Oversight of the case settlement process using a restorative justice approach and the implementation of the resulting agreement rests with the direct supervisor of the responsible official at each level of examination. As long as the restorative justice process takes place and after restorative justice is carried out, social counselors are required to provide guidance and supervision. If the restorative justice agreement is not carried out within the time specified in the agreement, the social adviser immediately reports to the responsible official. The approach method used in this study is the juridical-normative research method, which is a research method that examines secondary data (data that has been documented). The results of this study are (1) Weaknesses of restorative justice policies in cases of children as perpetrators of crimes are Weaknesses in Legal Substance is Article 7 of the Juvenile Criminal Justice System Law which explains the implementation of diversion at the level of investigation, prosecution, and examination of child cases in District Court. The weakness of the legal structure is that law enforcement officials, especially the National Police, who are part of the criminal justice subsystem, are required to seek settlement of child cases as perpetrators of crimes through restorative justice. The weakness of the Legal Culture is the low level of public understanding in terms of understanding the investigation process through diversion, where often the parties (perpetrators and victims) ask for diversion even though the formal requirements for diversion are not fulfilled/the threat is more than 7 years and is a repetition of a crime. (3) Reconstruction of Article 140 (2) letter (a) by adding a termination of prosecution based on the concept of restorative justice.

Pertanggungjawaban Ayah Terhadap Anak Kandung Sebagai Kewajiban Hukum Dalam Lingkup Rumah Tangga Berdasarkan Undang-Undang No. 23 Tahun 2004 Tentang Penghapusan Kekerasan Dalam Rumah Tangga

Every husband/father in the household is prohibited from abandoning people within the scope of his family as stipulated in Article 9 paragraph (1) of the Law on the Elimination of Domestic Violence. Husband/father or because of approval or agreement, providing life, care, or maintenance to these biological children is obligatory. In positive law, a father is obliged to provide maintenance for his child. The issues raised are regarding 1) The responsibility of a father towards his biological children in terms of positive law; and 2) The legal considerations of the panel of judges regarding the responsibility of fathers towards their biological children; case studies of court decisions regarding child neglect. This research is juridical-normative research that is descriptive-analytical with a statutory approach. The study uses secondary data from the Medan District Court Decision collected by field study techniques at the Medan District Court Registrar's Office. Data analysis used qualitative data analysis methods. Results of the study: From the point of view of marriage law, the limits on the obligations and responsibilities of parents (including fathers) towards their biological children can be seen in Article 45 paragraph (2) of the Marriage Law. In implementing sentencing objectives, not all judges can explore the actual legal facts in a case. It is recommended that law enforcement officials in handling cases of criminal acts of child protection and domestic violence prioritize the best interests of the child.

HUKUM TEKNOLOGI INFORMASI TENTANG PENIPUAN TRANSAKSI JUAL BELI ONLINE

This study uses a statutory legal approach, where the level of success depends on law enforcers in handling a case in the investigative and investigative stages. The use of the law can legally ensnare perpetrators who have been proven guilty of committing a crime. This study aims to find out the legal arrangements in Indonesia for fraud in cybercrime and what regulations are the basis for law enforcement officials in efforts to deal with criminal acts of fraud in the form of online buying and selling. Cybercrime is a form of crime that arises because of the use of internet technology. The rapid development in the use of internet services invites crime to occur. With the increasing number of requests for internet access, crimes against the use of information technology are increasing following the development of the technology itself. More and more parties are harmed by the actions of the perpetrators of cybercrime if there is no law that regulates it. Prior to the enactment of the ITE Law, legal officials used the Criminal Code in dealing with cases of cyber crimes. This criminal act of fraud can be charged with Article 378 of the Criminal Code as a criminal act of fraud or Article 28 paragraph (1) of the ITE Law concerning regulations regarding the spread of false and misleading news that harms consumers. Or you can be charged based on both articles at the same time, namely, 378 of the Criminal Code in conjunction with Article 28 paragraph (1) in conjunction with Article 45 paragraph (1) of Law No. 11 of 2008 concerning fraud and/or ITE crimes.

The Role of the Prosecutor's Office in Stopping the Prosecution of Domestic Violence Criminal Cases Based on the Prosecutor's Regulation of the Republic of Indonesia Number 15 of 2020 (Labuhanbatu State Prosecutor's Study)

The role of the Prosecutor's Office has become a hot topic in the legal world in Indonesia today because of the many cases and legal problems that are applied by prioritizing a sense of justice and for the justice-seeking community as well as for law enforcers restorative justice approaches in enforcement and application efforts to obtain meaning from the purpose of the law made. Because restorative justice is a legal necessity that is captured by law enforcement officials. We can see in the development of existing laws and regulations, each law enforcement agency is competing to take part and play a role in implementing the principles of restorative justice according to their respective duties and authorities. Starting from the Police, Prosecutor's Office, Supreme Court, and Prisons, in this case the Prosecutor's Office issued Attorney General Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice.

Kewenangan Aparat Pengawasan Intern Pemerintah Dalam Menyatakan Kerugian Keuangan

Introduction: The Government Internal Supervisory Apparatus (APIP) is an internal supervisor who carries out the task of administering government affairs in the field of state/regional financial supervision and national development. Law enforcement officials often use the results of the APIP audit as evidence in trials of corruption cases, as well as the panel of judges at the Ambon District Court continues to accept the results of calculations and provide expert opinions in trials.
 Purposes of the Research: Analyzing juridically through reviewing laws and regulations relating to the authority of the Government Internal Supervisory Apparatus in declaring state financial losses, and analyzing the relationship between supervisory and auditing institutions (BPK and APIP) in determining and declaring state financial losses.
 Methods of the Research: The research method used is normative, that is, research that primarily examines positive legal provisions and legal principles, explain and predicts in the direcrion of future legal developments.
 Results of the Research: The results of the research show that (1) APIP remains authorized to conduct investigative audits, audit calculations of state financial losses and provide expert testimony at trial, (2) There is no legal protection that regulates the pattern of confidential audit results relations between APIP and BPK. Therefore, it is necessary to enact laws and regulations that reinforce the role of each supervisory and examiner institution to create legal certainty and prevent overlapping authorities.