Implementation Of Discretion Research Articles

Formulasi Diskresi Pada Penyelenggaraan Reformasi Birokrasi Di Kanwil Kementerian Agama Provinsi Jawa Tengah

State administration is never separated from policy making. Bureaucratic reforms is carried out to realize good governance, therefore policy is a must because all the implementation of programs and community services should be conducted. One of the policies that is often carried out is discretion, with the aim of filling the regulatory vacuum and not stopping innovating in carrying out policies because of the regulatory vacuum. This study was conducted to analyze the formulation of discretion in the implementation of bureaucratic reform. This research was conducted with a qualitative approach. Results of the study: 1) discretion is carried out by taking into account the objectives, causes and conditions for using discretion; 2) discretion that is contrary to the objectives, procedures and conditions can be canceled; 3) it is necessary to build an accountability system in the implementation of discretion so that it does not lead to corrupt behavior. Conclusion: discretion is an innovation that can be accounted for by the government and society

Discretion in Terms of Digitalization

Currently, information technologies are being developed and introduced into various spheres of public relations. State regulation and the judicial system are no exception. In this regard, not only the formats of legal relations are changing, but also traditional approaches in justice and administrative regulation. Therefore, it is necessary to consider the influence of discretion in various kinds of relations and the political and legal system. Separately, the issues of judicial discretion and internal conviction of the judge in the conditions of digitalization are investigated. The purpose of this work is to determine legal decisions based on information technology and the implementation of judicial discretion in modern conditions. The above goal is realized by identifying the reasons for the lack of an effective assessment of discretion in various areas of public administration. The research methods are formal-legal, logical, and systematic. Brief conclusions are the need to develop legal discretion in modern national realities. The authors distinguish between the content of “judicial discretion” and “internal conviction” of a judge from the perspective of the implementation of professional activity in the conditions of digitalization and technologization of justice. The necessity and efforts of the leading role of the court (in the person of a particular judge) from the perspective of the emergence of various kinds of risks with the widespread use of digital products, as this contributes to the abuse of the law, are noted.

The Discretionary Power of the Court and its Impact on the Lawsuits in Jordan Legal Courts: A Foundational Applied Study

Objectives: The study aims to demonstrate the Sharia judge’s judicial discretion and this power’s impact on Jordanian Sharia courts’ lawsuits. This study is carried out to display this power, and to emphasize that the adjudications’ impact is the goal of suing procedures, as the verdicts’ effects havea major role in people’s feeling of confidence and reassurance, security from fear, and reliance on justice. Therefore, the study cites multiple and varied applications to provide a genuine example of the adjudications’ effects on filed lawsuits. Methods: The study follows the inductive approach - collecting scientific material from jurisprudence (Fiqh) books and old and modern Sharia trial principles books -, and the analytical approach - analyzing the scientific material and benefiting from it in the study topics -. Results: The study concludes that the implementation of the judicial discretion of the Sharia judge scope is fixed by the Jordanian Sharia Procedure Code text in many positions, which were referred to explicitly and implicitly. The most important outcome of that is the necessity of adhering to the judge’s verdict, which must be executed immediately at the time of its issuance if it is in accordance with the Islamic legislation texts and if it acquires the peremptory degree. Conclusions: Sharia judge’s judicial discretion should be given more attention in studies conducted by laws’ regulators so that this authority becomes clear and defined by rectified texts that should not be overlooked in legal actions and procedures.

Administrative discretion: some ideas based on the results of the discussion

In the presented work, based on the analysis of a joint scientific article (in two parts) by well-known administrative scientists P.P. Serkov and Yu. P. Solovey, issues related to the concept and practical implementation of administrative discretion are considered. Attention is drawn to the multiplicity of possible approaches to the definition of the concept of “discretion”. Special attention is paid to its scientific and methodological significance, expressed in the ability to serve as a convenient angle for studying a variety of patterns. It is noted that the authors clearly and effectively used the general legal category “discretion” to describe an important industry problem, as a result of which the reader is offered an interesting and informative example of a scientific discussion of scientific and practical significance.

POLICE DISCRETION IN INVESTIGATION OF TRAFFIC AFFECTS PERFORMED BY CHILD

The implementation of discretion by the police seems to be against the law, but it is a way out that is indeed given by law to the police in order to provide efficiency and effectiveness for the greater public interest, furthermore discretion should not be eliminated. Discretion cannot be removed and should not be eliminated. Discretion is an integral part of the role of the institution or organization. However, discretion can be limited and controlled, for example by tightening written orders and the existence of programmed decisions that are at least able to formulate and demand discretionary action. The problem is, unprogrammed decisions often appear and open the door wide for discretionary making. That the mechanism for applying police discretion to traffic crimes committed by children at the Police investigation level is that the traffic police visited the scene of the case and then sketched the scene of the case, helped victims, recorded witnesses, secured evidence of accidents such as vehicles, driver's licenses, and STNK, for a further investigation process, After that an investigation is carried out by the police to make a case analysis and discretion is carried out if the accident that occurs is minor and the perpetrator is a child who causes a minor accident and a single accident that can be resolved with material compensation, then an agreement is made between the two parties for solving traffic accident cases.

Implementation of judicial discretion in the evidentiary process in civil cases

В статье анализируются дискреционные полномочия суда сквозь призму норм, регулирующих процесс доказывания по гражданским делам. Автором показана роль судебной дискреции в обеспечении эффективности доказательственной деятельности в гражданском процессе.

К вопросу о признаках административного усмотрения

In legal science, the issue of judicial enforcement discretion seems to be the most studied, at the same time, the study of administrative law enforcement discretion does not cease to be relevant in view of its special specifics. The article attempts to highlight and analyze the essential characteristics of administrative discretion. According to the author, it is necessary to highlight and scientifically analyze a number of essential characteristics of administrative discretion: administrative discretion is a process of activities to select an optimal law enforcement decision by a subject of law, as well as the result of this activity; the presence in the legislation of legal mechanisms for limiting administrative discretion; implementation of administrative discretion in the application of measures of state coercion; administrative discretion is the best option for the balance between legality and expediency; the presence of freedom in the activities of the law enforcement body; the intellectual-volitional internal process of the subject of law applying. On the basis of the above, it is concluded that additional research is needed on the effectiveness of judicial control over the administrative discretion of state bodies

ANALISIS YURIDIS PENEGAKAN HUKUM ATAS PEREDARAN NARKOTIKA JENIS SABU MELALUI UPAYA DISKRESI (STUDI PENELITIAN DI POLRESTA BARELANG)

In the current case of drug abuse circulation is increasingly widespread and the mode of operation is increasingly diverse, the police are required to develop their own law enforcement strategies. However, behind that there is also a need for some form of supervision and control of actions policing is to reduce the possibility of abuse discretion, so that the negative impact of the implementation of the discretion does not result injustice. The law only contains the basic rules that are in practice enforcement always depends on the context of the community. Therefore The police are given the authority to exercise police discretion, a concept giving authority to take actions based on careful consideration the conscience of the police on duty or the consideration of police institutions. This study aims to find out how law enforcement is above Circulation of methamphetamine type narcotics through discretionary efforts factors which become obstacles / obstacles to Law Enforcement on Circulation Narcotic Type of Methamphetamine Through Discretionary Efforts. This research uses empirical normative legal research is legal research that uses Secondary data sources are combined with legal research that uses primary data source The results of the study show that the factors that influence implementation of police discretion in solving criminal cases narcotics namely legal substance factors, namely the existence of a legal basis give authority to members of the police to take action discretion so that the implementation of the task does not harm the context of law enforcement and must be done professionally and in accordance with the police code of ethics as must for police officers, given the power of discretion without being accompanied restrictions can potentially abuse authority. For this reason the discretion taken by the investigator must be aimed at get a sense of fairness even though it is not contained in the Criminal Code will but in essence to maintain legal certainty and internal order Public

ANALISIS YURIDIS TINDAK PIDANA KHUSUS PENCUCIAN UANG YANG BERASAL DARI TINDAK PIDANA NARKOTIKA (STUDI PENELITIAN PUTUSAN PENGADILAN)

In the current case of drug abuse circulation is increasingly widespread and the mode of operation is increasingly diverse, the police are required to develop their own law enforcement strategies. However, behind that there is also a need for some form of supervision and control of actions policing is to reduce the possibility of abuse discretion, so that the negative impact of the implementation of the discretion does not result injustice. The law only contains the basic rules that are in practice enforcement always depends on the context of the community. Therefore The police are given the authority to exercise police discretion, a concept giving authority to take actions based on careful consideration the conscience of the police on duty or the consideration of police institutions. This study aims to find out how law enforcement is above Circulation of methamphetamine type narcotics through discretionary efforts factors which become obstacles / obstacles to Law Enforcement on Circulation Narcotic Type of Methamphetamine Through Discretionary Efforts. This research uses empirical normative legal research is legal research that uses Secondary data sources are combined with legal research that uses primary data source The results of the study show that the factors that influence implementation of police discretion in solving criminal cases narcotics namely legal substance factors, namely the existence of a legal basis give authority to members of the police to take action discretion so that the implementation of the task does not harm the context of law enforcement and must be done professionally and in accordance with the police code of ethics as must for police officers, given the power of discretion without being accompanied restrictions can potentially abuse authority. For this reason the discretion taken by the investigator must be aimed at get a sense of fairness even though it is not contained in the Criminal Code will but in essence to maintain legal certainty and internal order Public

HISTORY OF DISCRESSION AND ELEMENTS ABUSE THE AUTHORITY IN CRIMINAL CORRUPTION IN INDONESIA

Indonesia is one of the countries that adheres to the concept of the state law which is closely related to the principle of legality as a guarantee of legal certainty for the people and the country. However, there is often a legal vacuum due to the rapid development of human needs. This problem is certainly not all can be arranged in detail in legislation in writing, because it will cause over regulation. Therefore, discretion must be a solution to fill the legal vacuum in line with the development of human needs. Discretion is certainly not necessarily without the burden of accountability. Maladministration often occurs in the implementation of discretion which results in criminal liability for corruption and legal liability for state administration. To find out the concept of discretion and place it in appropriate judicial competence, it is necessary to review the history of the concept of discretion and the history of the element of abusing authority which is closely the case with the concept of discretion. In this research, we will discuss the history of the concept of discretion in Indonesiay And the history of abusing authority in Indonesia is divided into 3 periods, namely the period before independence, the new order and reformation.

HISTORY OF DISCRESSION AND ELEMENTS ABUSE THE AUTHORITY IN CRIMINAL CORRUPTION IN INDONESIA

Indonesia is one of the countries that adheres to the concept of the state law which is closely related to the principle of legality as a guarantee of legal certainty for the people and the country. However, there is often a legal vacuum due to the rapid development of human needs. This problem is certainly not all can be arranged in detail in legislation in writing, because it will cause over regulation. Therefore, discretion must be a solution to fill the legal vacuum in line with the development of human needs. Discretion is certainly not necessarily without the burden of accountability. Maladministration often occurs in the implementation of discretion which results in criminal liability for corruption and legal liability for state administration. To find out the concept of discretion and place it in appropriate judicial competence, it is necessary to review the history of the concept of discretion and the history of the element of abusing authority which is closely the case with the concept of discretion. In this research, we will discuss the history of the concept of discretion in Indonesiay And the history of abusing authority in Indonesia is divided into 3 periods, namely the period before independence, the new order and reformation.

The Role of Discretion in Handling COVID-19

Indonesia is now experiencing national disaster called covid-19 or corona outbreak. This case will be a kind of history in the future to become a lesson for central or regional government in making public policy in emergency state. By facing the covid-19 outbreak, public officials must quickly resolve the problem. Discretion gives the opportunity for public officials to do free action to solve the urgent case. Public officials are given alternatives to reach the aim of public service by using discretion even though there is no regulation upon it. Moreover, we know that the implementation of discretion still remains several problems. This research used the literature study method with a qualitative research approach. It was based on several references in order to give the description of the discretion role in handling covid-19 outbreak. Theoretical reference in discussing discretion role was based on the study of journals, books, dan others. Being deeply studied, the discretion implementation of social distancing in big scale belongs to regulatory policy that needs social planning discretion. This type creates more different interests and contains a relatively high complexity. The result of study shows that the implementation of discretion is important because the main function of government is to serve the citizens in emergency state. Therefore, discretion becomes the effective and efficient choice. The integrity of discretion makers becomes one of the variable indicators in creating successful discretion. The government accountability needs to be explained to the society. Moreover, it can be studied more fairly.

Police Discretion in Traffic Criminal Cases Committed by Children

Traffic crimes committed by children generally occur because of negligence. The problem of this research is how the implementation of police discretion in traffic criminal cases committed by children and why there are obstacles in the implementation of police discretion in traffic criminal cases carried out by children. The problem approach in this study uses a normative juridical approach. Data collection is done by library research. Data were analyzed qualitatively to obtain research conclusions. The results showed that the implementation of police discretion in traffic criminal cases by children is a form of settlement of cases outside the court carried out with a peace process based on good faith between the parties involved in traffic accidents to pursue settlement in a family way. The settlement of a traffic accident case does not have to be a criminal punishment or the imposition of a criminal sanction, in this case based on the occurrence of an act, if it occurs due to negligence and error not on the suspect. Factors that impede the implementation of police discretion in traffic criminal cases committed by children are the limited number of members of the Metro Police Traffic Satlantas in handling traffic cases, incomplete data and information submitted by the perpetrators and victims involved in traffic criminal cases, so that the perpetrators and victims only provide data deemed not potentially detrimental to their party. Cultural Factors, namely the personal character of the offender, victim and his family who do not support the settlement of cases outside the court.

ANALISIS YURIDIS TINDAKAN DISKRESI KEPOLISIAN PADA TAHAP PENYIDIKAN

In carrying out its professional duties, the National Police has the authority of discretion that can be carried out in certain circumstances. Discretion is an authority given by law to law enforcement officers, especially the police to act in special situations in accordance with the judgment and conscience of the agency or the officer himself. This research formula is: 1). How to implement police discretion at the investigation stage; and 2). How far the effectiveness of the implementation of police discretion at the investigation stage. This research is a normative legal research, which uses secondary legal material as the main data. From the results of this study concluded that 1) The use of police discretion in stopping investigations, it appears that there is authority in certain cases or circumstances to make a decision whether to take action or not if a crime occurs and there are factors that influence the discretion of the police in stopping investigations between Other legal factors; law enforcement factors; community factors; infrastructure factors; and legal cultural factors; 2. The effective implementation of discretion must be carried out with caution by improving the quality of human resources in the field of law enforcement as well as the power or authority that is carried out based on law based on considerations and beliefs and emphasizes more on moral considerations rather than legal considerations and provides real justice by paying attention the risk and benefit side of an action taken

PELAKSANAAN DISKRESI APARATUR SIPIL NEGARA DALAM RANGKA PENEGAKAN HUKUM

Secreted as an action or decision that can be used by the state civil service (ASN) under certain conditions, in carrying out the law enforcement duties of civil servants especially the police the authority to use discretion can be applied according to the conditions needed in the context of law enforcement, but after the enactment of Law Number 30 of 2014 concerning Government Administration requires clarity regarding the position of discretion in law enforcement. The method used is a normative approach using secondary and primary data that is analyzed qualitatively. The results showed (1) That the enactment of the Law on Government Administration is an effort to provide a legal position for discretion within the State Civil Apparatus. Discretion is regulated more clearly, from the definition, the limit according to the law, the limit is issued by the authorized official, the purpose, scope, conditions, use of discretion and approval procedures, and the consequences of discretionary law. (2) POLRI in its position as a law enforcement apparatus has the function of enforcing law in the judicial field both preventive and repressive. So with the discretionary authority in the judicial field as stipulated in Law No. 2 of 2002 in Article 18 paragraph (1) that "In the public interest of the Republic of Indonesia National Police officials in carrying out their duties and authorities can act according to their own judgment". (3) that in the relationship between the implementation of discretion according to the Government Administrative Law and the Police Law of the Republic of Indonesia there is an expansion of the purpose of police discretion in law enforcement, which is not only to create and maintain security and order, but also to launch and overcome obstacles in the process of law enforcement.Keywords : Discretion, State Civil Apparatus, Law Enforcement.

IMPLEMENTATION AND SUPERVISION OF OFFICIAL DISCRETION IN LOCAL GOVERNMENT OF REPUBLIC OF INDONESIA

AbstractDiscretion is particularly vulnerable to the misuse of authority by officials which could lead to collusion, corruption and nepotism and made the administration of government no longer aims for public’s benefit and interest but for the advantage of a few and conflict interest of corrupt people. Therefore, the clear procedures related to the implementation for supervision of the discretion, especially on local government in the the Republic of Indonesia.This study aims to provide a more in-depth understanding of the issues of implementation and supervision of discretion of government officials. The form of legal research used in this study is juridical-normative research. Juridical-normative legal research consists of research on principles, systematics, and legal synchronization. This study also based on laws and regulations related to the implementation and supervision of discretion by officials. This study shows that every official of the state administration in performing their duties shall be based on legitimate authority, which is provided by laws and regulations. Governance should be based on law (wet matigheid van bestuur = legality principle = le rincile de la egalite de'l administration). The supervision of the discretion of government officials is prohibited to the abuse of authority. Government Officials are prohibited from misusing authority. Supervision is carried out by internal control apparatus. The results of supervision are: no errors; there are administrative errors; or there are administrative errors with a financial loss to the state.Keywords: Discretion, Supervision, Local Government.

ON SOME ASPECTS OF JUDICIAL DISCRETION IN THE PROCESS OF COMPENSATION TO THE REPRESENTATIVE'S FEES

This article is about the main problems of implementation of judicial discretion in the process ofcompensation to the representative's fees. The urgency of the issue is due to the modernization of the civil process in Russia. This article attempts to uncover the essence of the concept of judicial discretion in the compensation to the representative's fees, and also presents the main directions of law enforcementpractice on the issue. The author has formed the main proposals for limiting the willful discretion. As a research task, the author identified an attempt to assess the criteria for reasonableness of representational expenses that exist in judicial practice. Proceeding from the received results of scientific work, the author comes to a conclusion that the compensation to the representative's fees by the court should be made taking into account the criteria relating to the essence of the case and the personality of the representative. At the same time the author emphasizes need of more detailed studying of the specified perspective.

PRAKTIK DISKRESI DALAM IMPLEMENTASI KEBIJAKAN REHABILITASI HUTAN DI KESATUAN PENGELOLAAN HUTAN LINDUNG RINJANI BARAT

This study analyzed the implementation of discretion in forest and land rehabilitation policy (RHL) on street-level bureaucracy (SLB). The study conducted at Forest Management Unit (KPHL) Rinjani Barat, used Michael Lipsky's conception about street-level bureaucracy and discretion in the forest management. The result shows the history and forest tenure problem become a forest management framework for SLB. Because of that, forest management from top down system has changed to participatory between SLB and communities. The result of RHL policy is sucess story, good forest management and community welfare.

Implementation of Discretion Perspective of Penal Policy (Study of Yogyakarta Police Department)

The purpose of this research is to know the regulation of police discretion of Yogyakarta special region in criminal law enforcement and how to apply police discretion in criminal law enforcement in terms of penal policy aspect. The implementation of the special police discretion of the special region of Yogyakarta is guided by the provisions of written rules and unwritten rules that live in the community and is guided by the lines of criminal law policy. The application of the special area police discretion of Yogyakarta can be applied by investigators and investigators through restorative justice approaches in certain cases, the settlement in this way is a form of protection to both the perpetrator and the victim in order to reach a peace agreement.

PENEGAKAN HUKUM TINDAK PIDANA RINGAN OLEH POLRI MELALUI PENDEKATAN RESTORATIVE JUSTICE (Studi di Wilayah Hukum Polres Cilacap)

ABSTRACT Â Big issues that are being faced by Police at this point in the criminal justice system is a great dilemma in law enforcement i.e. on one side of the quality and quantity of criminal cases that occur in the community over time tend to experience improvement and on the other hand, police have the authority in law enforcement by law has a relatively limited ability. Research methods with the Juridical Sociological approach, primary and secondary data sources. Type of this research is descriptive qualitative analysis. In the task of national police as a law enforcement officer who not only thinks the problems resolved in juridical normative alone, but should also be looked at from the perspective of sociological and legal anthropology. Criminal policy in operasional Police in the task can be done as an implementation of discretion. The underlying law enforcement on the authority and duties of the police's preventive and repressive in detail defined in Article 13, article 14 paragraph 1, article 18 of law RI No. 2 the year 2002 about the State police of the Republic of Indonesia. The application of the principles of Restorative Justice in law enforcement criminal acts of light by the national police is that prioritizes actions win-win solution both to the victims as well as perpetrators. Keywords: Police, limited liability, a law enforcement