Implementation Of Law Enforcement Research Articles

Aspek Gender Equality (Keadilan Gender) Bagi Korban dalam Undang – Undang Nomor 12 Tahun 2022 Tentang Tindak Pidana Kekerasan Seksual

Victims of sexual harashment are often associated with vulnerable groups, namely women, children, people with disabilities and elderly people, even though groups that are not vulnerable are men who have relatively stronger physical strength than women, have better self-defense abilities, turns out to also be a victim, it means that anyone can become a victim of sexual violence. However, it turns out that there is no certainty and legal protection for all forms of gender justice for victims of sexual violence. Therefore, it is important to have and at the same time strive for legal protection in abstracto in a regulation that specifically accommodates gender justice for victims of sexual violence. Has the enactment of Law Number 12 of 2022 concerning Crimes of Sexual Violence accommodated aspects of gender justice in providing legal protection for victims of sexual violence and how is the punishment in Law Number 12 of 2022 concerning Crimes of Sexual Violence to realize gender justice for victims of sexual violence, considering Imposing criminal sanctions on perpetrators is a form of legal protection in concreto for victims, so that they have the same access to justice as humans without any gender bias in the implementation of law enforcement.

Enforcement of Environmental Criminal Law in Cases of Environmental Pollution by Corporations

The occurrence of various cases of environmental pollution is a reflection of the lack of corporate responsibility towards the environment, hence the need for environmental law enforcement. The formulation of the problem in this study is: 1). How is the enforcement of environmental criminal law against corporations after the enactment of Law Number 32 of 2009 concerning Environmental Protection and Management?; 2). What legal obstacles arise in criminal practice if corporations pollute the environment after the enactment of Law Number 32 of 2009 concerning Environmental Protection and Management? This research is normative legal research. The findings in this study show that the implementation of law enforcement is still weak, meaning that the subjective policy of law enforcement to continue criminal acts to further proceedings. Conditions like this are used as opportunities for corporations to do as they want and seek the maximum profit. Therefore, law enforcement must be firm and consistent. The main obstacles that occur in law enforcement practices faced when corporations commit environmental crimes are seven obstacles that affect the enforcement of environmental criminal law including: a). Obstacles to the Human Resource Capability of Law Enforcement is Still Limited; b). Environmental Enforcement Has Not Been a Priority; c). Obstacles to coordination between agencies in handling environmental crimes; d). Obstacles to Law Enforcement Professionalism; e). Obstacles to Facilities or Facilities that Support Law Enforcement; f). Dependence of Environmental Criminal Law Enforcement Application on Administrative Law; g). Criminal Law is still the ultimate remedium in environmental law enforcement.

Law Enforcement Against Business Actors Who Cause Water Pollution

This research aims to examine law enforcement against business actors who cause water pollution in Cianjur Regency. Today's rapid development has a negative impact on the environment. Liquid waste from industry and domestic is the main cause of water pollution, which threatens the quality of water used as a source of daily needs. This research uses a normative juridical approach and descriptive analysis method. Data is obtained through literature studies by searching for primary materials and supported by secondary materials. The impacts of water pollution by business actors include: a decrease in the quality of water resources, public health problems, and losses for farmers. The implementation of law enforcement against business actors is faced with several obstacles, including the lack of awareness of the importance of the environment and the lack of effective criminal sanctions. To maintain the right to a good and healthy environment, serious environmental protection and management as well as strict law enforcement are required by all parties concerned. Obstacles in law enforcement against business actors who commit water pollution include non-optimal environmental protection and management, violations of existing regulations, and obstacles in the waste filtration process. Therefore, decisive action is needed in law enforcement, including operational requirements, waste treatment, and more effective supervision to control and prevent water pollution in Cianjur Regency.

Challenges and cooperation on the way of European integration in the sphere of customs affairs

The bylaws of national legislation adopted during martial law and their application in the context of improvement and harmonization with EU legislation and fulfillment of the terms of the Association Agreement between Ukraine and the European Union in the field of customs affairs are analyzed in the article. Attention is focused on strengthening of customs cooperation with the EU countries, as well as developing the administrative, personnel, information and technical potential of the Customs Service of Ukraine and the urgency of overcoming and simplifying of the customs procedures for the movement of goods across the customs border of Ukraine during martial law. Taking into account the cross-border nature of the activities of the customs authorities of the EU member states, attention is focused on the procedures of using of the international agreements during customs control and customs procedures. Certain problems of the law enforcement activities of customs bodies in interaction with other state bodies on three relevant areas of functioning, in particular customs rules, settlement of customs payments, customs services and formalities, are singled out.
 The peculiarities of law enforcement activity in the field of customs affairs are analyzed in detail, namely: its state-authority nature; implementation of law enforcement in a manner specifically provided for by legal norms on the basis of established procedures and in accordance with a clear procedural sequence. Certain areas of activity of state bodies for the restoration of Ukraine are considered, in particular, regarding the implementation of anti-corruption and institutional changes in the field of customs affairs. Considering the conditions of martial law, an attempt to delimit the powers of customs authorities and other state authorities in matters of customs affairs was made, and in the light of the activation of the processes of Ukraine’s accession to the EU, the possibilities of interaction with international partners in the field of ensuring the rights and freedoms of subjects of foreign economic activity were analyzed.
 The conclusion is drawn on need to involve the customs service in the development of the plan of measures for the recovery and development of Ukraine in order to simplify for business the conditions for moving (importing) technical means, equipment, and products necessary for the reconstruction and the export of Ukrainian products across the customs border. Bearing in mind the study of the EU experience and the determination of the possibilities of its using in Ukraine, the main directions for improving the interaction of customs authorities with public organizations and business associations in the conditions of war and the perspective of European integration are outlined.

Perlindungan Hukum terhadap Pemegang Hak Cipta pada Film Layar Lebar (Jakarta Vs Everybody) yang Ditayangkan Secara Ilegal pada Aplikasi Telegram

This is to legally protect copyright holders against violations of illegal access via the Telegram application as well as knowing the implementation of law enforcement on copyright against illegal downloads on the internet. Films or cinematographic works that are protected by Law No.28 of 2014 concering copyright. However, in reality, many other parties copy copyrighted works without permission from the copyright holder. One example of a film that has experienced illegal duplication is the film Jakarta vs Everybody, starring Jefri Nichole. This multiplication occurs not only on the internet/VCD, but also on a social media application, namely Telegram. This research uses a normative juridical method with an approach to applicable laws and regulations, a case problem approach, as well as a literature study wihch is analyzed qualitatively. The result of the research show that currently there are still illegal films circulating in society and there is no awareness that accessing films illegal is a from of violation. The government needs to take firmer action in monitoring and blocking unofficial online sites. The government also needs to disseminate information to the public regarding the rights owned by the creator or copyright holder of a work and provide information regarding the legal consequences and copyright violations.

PELAKSANAAN PENEGAKAN HUKUM OLEH KEPOLISIAN DAERAH BALI DALAM TINDAK PIDANA FIDUSIA DI WILAYAH HUKUM POLDA BALI

The clause 4 of Law Number 42 of 1999 concerning Fiduciary Guarantees confirms that Fiduciary Guarantees are a follow-up agreement to a principal agreement which creates an obligation for the parties to fulfill an agreement achievement. The failure to achieve the agreement achievement from the debtor makes the person concerned have to face a legal process, which begins with the investigation from Police. Based on the background of the problems above, several problems can be formulated, including what is the role of law enforcers for Bali Regional Police in fiduciary crimes in the Legal Area of the Bali Regional Police? And what are the obstacles that faced by the Bali Regional Police in enforcing the law on fiduciary crimes in the Bali Regional Police Legal Area? The research method used is an empirical research method by examining the practice of implementing Law Number 42 of 1999 concerning Fiduciary Guarantees with data collection techniques through document studies and through interviews with investigators from the Special Criminal Investigation Directorate of the Bali Regional Police. The results of the study show the following conclusions: first, the role played by the investigator is the role of prevention (preventive) and repression (repressive) against the perpetrators of crime. Second, there are internal and external inhibiting factors in the implementation of law enforcement on fiduciary crimes.

Law enforcement of agricultural commodity circulation in the perspective of state revenue

Purpose: The purpose of this research is to determine the legal arrangements for the circulation of agricultural commodities from the perspective of state revenue and how the implementation, obstacle factors, and law enforcement solutions for the circulation of agricultural commodities from the perspective of state revenue.
 Research methodology: The research method of this journal is normative juridical (legal research) through a literature study with an empirical juridical approach (sociological juridical) through a field study that aims to empirically obtain legal knowledge.
 Results: The results showed that the legal regulation of the circulation of agricultural commodities from the perspective of state revenue, namely Article 86, regulates the act of entering the carrier media by not completing the health certificate, through the place of entry determined by the Central Government, or not reporting or not submitting the Carrier Media as regulated in Article 33 of Law Number 21 of 2019.
 Implementation: The implementation of law enforcement on the circulation of agricultural commodities from the perspective of state revenue, namely the implementation of law enforcement against criminal acts of smuggling agricultural commodities, encounters various obstacles, ranging from geographical factors and limited resources to inter-agency coordination. These constraints affect the effectiveness of supervision and prosecution. However, capacity-building efforts, closer coordination between institutions, and public education can be solutions to overcome these challenges, ensuring the protection of the agricultural sector and state revenue.

Pertanggungjawaban Pidana Rumah Sakit Terhadap Pengelolaan Limbah Medis B3 Penanganan Pandemi Covid-19 Di Indonesia

Environmental problems are becoming increasingly serious over time. The Covid-19 pandemic that hit Indonesia did not reduce the impact of environmental pollution but instead gave rise to a new problem, namely medical B3 waste. Of course, B3 medical waste produced by hospitals must be clear regarding its management, sanctions and implementation of law enforcement. Because the impacts can affect the environment and public health. The research method used is normative legal research (normative juridical) using a statutory approach (Status Approach) and a Conceptual Approach (Conceptual Approach). Corporate/hospital criminal liability for violations of B3 waste management is regulated in Article 116 Jo 118 of the PPLH Law. Article 116 paragraph (1) letter a of the PPLH Law states that business entities can be prosecuted criminally, but in Article 118, in the case of charges against business entities, the representative management is the functional actor. Apart from the main criminal penalties, business entities may be subject to additional criminal/disciplinary regulations based on Article 119 of the PPLH Law. Based on research, there are weaknesses in the PPLH Law regarding corporate responsibility, namely first, corporate responsibility does not guarantee legal certainty. Second, there is no distinction between basic criminal sanctions for human and corporate legal subjects

Akuntabilitas Penegakan Hukum Terhadap Aparat Kepolisian yang Melakukan Tindak Kekerasan

Over the past few years, police violence has often occurred when providing security at mass demonstrations, as well as during arrests and investigations. This research discusses whether law enforcement by law enforcers who commit violence in carrying out their duties is in accordance with the values of justice, and what ideal law enforcement is for enforcers who commit violence in carrying out their duties. Through this sociological juridical research, the author uncovered two things, namely first, the implementation of law enforcement by law enforcers who commit violence does not apply the values of dignified justice. Second, ideal law enforcement for enforcers who commit violence in carrying out their duties has three indicators, namely, every victim must have the opportunity to exercise their rights and receive a fair and effective trial; victims including their relatives and dependents must receive effective remedies, which include restitution, compensation, and rehabilitation; and the elimination of impunity.

PENEGAKAN HUKUM TERHADAP PENAMBANG EMAS ILEGAL DI KECAMATAN CIBEBER KABUPATEN LEBAK BANTEN

ABTRACT
 This study aims to find out how law enforcement is for gold miners without permits and to find out efforts to overcome law enforcement obstacles for gold miners without permits in Cibeber District, Lebak Regency. Furthermore, the data obtained were analyzed using qualitative techniques and then presented descriptively, namely explaining, describing and describing according to the problems that are closely related to this research. The results of the research and discussion show that: (1) The implementation of law enforcement against illegal gold miners in Cibeber District, Lebak Banten Regency takes three stages of the process, namely: a) The government carries out joint socialization with the police and Indonesion national army regarding Law Number 4 of 2009 b) carry out patrols as a preventive measure to prevent and monitor mining or dompeng activities; c) Carry out criminal prosecution as a form of repressive efforts strictly against the perpetrators of the dompeng. (2) Efforts made to enforce the law on the criminal act of gold mining without a permit are firstly preventive measures. Second, repressive measures. Obstacles in enforcing the law on the crime of gold mining without a permit are limited supporting facilities and infrastructure, lack of concern and legal awareness of the community, problems with coordination with the government.

Law Enforcement Procedures for Police Members Involved in Drugs Abuse in the Polda Bengkulu

The aims of this study are: To analyze law enforcement procedures for members of the police who are involved in drug abuse. As well as a review of fiqh siyasa on law enforcement procedures for members of the police who are involved in drug abuse. This study is based on the fact that there are still members of the police who commit criminal acts of drug abuse. This type of research is qualitative-empirical research by examining documentation and interviewing informants. This study concludes that: (1) Law Enforcement Procedures for members of the Police in enforcing the law against members of the Police who commit or abuse drugs in the field of service, enforcement of discipline, order and internal security have been going well, the implementation of law enforcement has been carried out but not yet optimal, marked by the fact that there is still drug abuse by police officers, while efforts to prevent drug abuse by members of the police are carried out by carrying out activities related to religion, increasing supervision in terms of the discipline of members of the police, and applying strict sanctions against persons who abuse drugs. (2) In the review of fiqh siyasa syar'iyah, the efforts of the police in taking action against members who are involved in drug abuse are in accordance with Islamic values, namely imposing disciplinary punishment and trial on the police code of ethics, which aims to bring benefits to members of the police, the National Police institution and society and prevent harm that will occur.

Penegakan Hukum Terhadap Juru Parkir Tidak Resmi Di Kota Ambon

Parking is a public need that initially functions to serve, according to this function parking space is adjusted according to demand along with the needs of people who have motorized vehicles to access a place. The purpose of this study was to analyze and find out the form of supervision carried out by the Ambon City Government towards unofficial parking attendants, as well as the implementation of law enforcement against unofficial parking attendants based on Ambon City Regional Regulation No. 6 of 2019. This research is normative juridical research, the process of finding legal principles and doctrines to answer legal issues that are systematically compiled, studied, then conclusions drawn, using statutory approach (statue approach) and conceptual approach (conceptual approach). The results of this research are that the Ambon City Government carries out internal supervision, a-priori and a-posteriori supervision in the form of preventive supervision in the form of appeals to the public, this supervision is carried out for approximately 2 years and then an evaluation is carried out. Law enforcement carried out by the Ambon City Government against managers and unofficial parking attendants in Ambon City as stipulated in CHAPTER XIII Concerning Administrative Sanctions Article 46, Article 47, and Article 48 paragraph (3).

Law Enforcement Implementation and Efforts in Protecting Company Ownership Rights Over Rising Disputes over Share Ownership Reviewed Based on Law No. 40/2007 concerning Limited Liability Companies

The primary objective of this study is to explore and identify effective legal measures to safeguard a company's ownership rights and resolve disputes over share ownership. To achieve this, the author employed normative legal research methods to analyze the issue thoroughly. This study specifically focuses on applying and enforcing laws designed to protect the administrators of limited liability companies, as stipulated in law number 30 of 2007 concerning limited liability companies. By examining these legal provisions, the author aims to provide insights into how companies can better protect their ownership rights and prevent conflicts over share ownership.Keywords : legal safeguards, ownership rights, enforcement of laws, normative legal research
 
 

Implementation of Law Enforcement in Environmental Aspects By Undang-undang Number 6 Year 2023

The abstract addresses the low awareness of environmental conservation in Indonesia, as showed by the Environmental Performance Index 2022 (EPI) report. Based on Undang-undang Number 6 Year 2023, this study seeks to investigate the use of law enforcement in environmental elements. The research method involves a literature study approach and a normative juridical approach. The results and discussion highlight the regulations and articles in Undang-undang Number 6 Year 2023 related to environmental law enforcement, including law enforcement authorities, administrative and criminal sanctions, and dispute resolution mechanisms. The implementation of good law enforcement can positively affect environmental protection and preservation. However, improper implementation may lead to negative consequences, such as the criminalization of people living near protected environmental areas. The study emphasizes the role of law enforcement agencies in the implementation of Undang-undang Number 6 Year 2023 and the control and prevention of environmental damage through licensing mechanisms. It also stresses the importance of protecting people's rights in a healthy and sustainable environment. The conclusion emphasizes the need for increased awareness, commitment, and effective environmental law enforcement mechanisms to address environmental problems and prioritize sustainable development in Indonesia.

THE APPLICATION OF ARTICLE 22 OF THE REGULATION OF THE HEAD OF THE INDONESIAN NATIONAL POLICE FORCE NUMBER 14 OF 2011 CONCERNING THE CODE OF ETHICS OF THE INDONESIAN NATIONAL POLICE PROFESSION

The purpose of this study is to determine and analyze the effectiveness of the application of Article 22 of the Regulation of the Chief of the Indonesian National Police Number 14 of 2011 concerning the Code of Professional Ethics of the Indonesian National Police in the Gorontalo Regional Police and to determine and analyze what factors affect the effectiveness of the application of Article 22 of the Regulation of the Chief of the Indonesian National Police Number 14 of 2011 concerning the Code of Professional Ethics of the Indonesian National Police in the Gorontalo Regional Police. The research used is empirical research. Empirical legal research is conducted by examining directly into the field to see directly the application of legislation or rules of law relating to law enforcement, as well as conducting interviews with several respondents who are considered to be able to provide information regarding the implementation of law enforcement. The application of the Regulation of the Chief of the Indonesian National Police (Perkap) is not yet effective, because from the results of the interview that the Gorontalo Regional Police prioritizes the Circular Letter (SE) rather than the Regulation of the Chief of the Indonesian National Police (Perkap), moreover that the debate regarding the application of legal norms does not only occur among law enforcers in general but within the internal police also becomes a debate caused by the existence of conflicting legal norms between high legal norms and low legal norms. Factors affecting the effectiveness of the application of the article on the Regulation of the Chief of the Indonesian National Police regarding the Police Professional Code of Ethics within the scope of the Gorontalo Regional Police, which is the formulation of the problem in this study, including; 1) Legal Substance, 2) Legal Structure, 3) Legal Culture.

PENEGAKAN HUKUM TINDAK PIDANA PERDAGANGAN ORANG DI WILAYAH KEPOLISIAN DAERAH JAWA TIMUR

Human trafficking is an organized crime that violates human rights relating to freedom, security and has the potential to use acts of violence against victims. This research uses empirical juridical research methods by examining a phenomenon that occurs in society associated with the applicable laws. The research was conducted to find out the law enforcement against the crime of trafficking in persons, the obstacles in the implementation of law enforcement, and how the police efforts as law enforcers who act to handle obstacles at the level of investigation and investigation. The results showed that law enforcement of trafficking in persons was dominated by trafficking in persons with sexual utilization and trafficking in Indonesian migrant workers. Case handling begins with a public report then submitted to the unit handling human trafficking cases for a series of investigations, investigations, and submission of files to the prosecutor's office. There are different methods in handling cases tailored to the needs of cases of trafficking in persons with sexual exploitation or exploitation and migrant workers. Based on the research, it is known that investigators find various obstacles caused by internal factors or the investigation process itself and external factors or from the community. Law enforcement is carried out with the aim of restoring the law itself so that evaluation is needed so that the handling of human trafficking crimes runs effectively.

Gender Studies in the State and Constitution (Implementation of Law Enforcement in Indonesia)

The implementation of law enforcement in Indonesia is still relatively weak, so a deeper analysis of the causes of the occurrence is needed. This study aims to examine gender in the state and law, a study of the implementation of law enforcement in Indonesia. This study uses a qualitative approach with descriptive analytical study method. Data collection is based on in-depth interviews, participant observation and documentation studies. Furthermore, the data were analyzed using data reduction techniques, presenting data to drawing conclusions. The results of this study conclude that law enforcement in Indonesia is still weak, the integration of law enforcement officers is not well established, the level of performance implementation by law enforcement officers is low, and the application of law is blunt up and down (non-Pancasilais).

LAW ENFORCEMENT OF ILLEGAL FISHING IN THE IMMIGRATION PERSPECTIVE IN THE WORKING AREA OF BELAWAN IMMIGRATION OFFICE

The abundance of natural resources and the vast area of ​​the ocean in Indonesia are an attraction for the surrounding countries. This makes the case of Illegal fishing a case that is often found in Indonesian seas. One of the affected areas is Belawan seas. Based on the supervision carried out by the Ministry of Maritime Affairs and Fisheries (KKP), it is stated that illegal fishing violations often occur in EEZ (Exclusive Economic Zone) seas. One of the institutions authorized to enforce the law on illegal fishing is immigration. This study aims to see the implementation of law enforcement and immigration law strategies against foreigners who commit illegal fishing crimes in the work area of ​​the Belawan Immigration Office. This research is structured using a combination of normative and empirical research with qualitative methods using the basic theory of State Sovereignty and Effectiveness (Enforcement) of Law. The results of the study found that the Belawan Immigration Office carried out law enforcement in the form of Immigration Administration Actions namely deportation, some of the obstacles encountered in law enforcement were the lack of infrastructure in the form of ships and the limited detention room at the Medan Immigration Detention Center. The researchers also found that the legal strategy efforts carried out by the Belawan Immigration Office were preventive and repressive strategies. With Preventive Strategies in the form of coordination with Foreign Surveillance Team and Foreign Embassies, Repressive Strategies in the form of strengthening the intensity of Immigration Administrasion Action and Investigations.

Tourism Law Enforcement in Regional Spatial Planning and Licensing Perspectives

The increasing development of the tourism sector in Kuningan Regency reflects the progress and development of the area. By looking at the licensing and spatial planning perspectives, a study on the development of the tourism sector in Kuningan Regency is needed. Hence, this study aims to analyze tourism licensing mechanism and tourism law enforcement concerning spatial planning and licensing in Kuningan Regency. This study applied an empirical juridical research method in which the primary and secondary data used were collected through interviews, observation, and literature study. As result, it was found that the licensing mechanism for tourism development in Kuningan Regency is divided into two categories, namely licensing carried out at the Investment Agency and One-Stop Integrated Service and the Gunung Ciremai National Park Office. It is because Kuningan Regency has an area included in the National Park zone, so the licensing process should directly go to the Ministry of Environment and Forestry. Preventive law enforcement efforts have been carried out by law enforcement officers, including drafting legal opinions, holding meetings, as well as avoiding violations during the licensing process. Thus, it can be concluded that the policy and the implementation of law enforcement in the licensing and spatial planning for tourism development in Kuningan Regency are carried out well by the Regional Government and law enforcement officers. Yet, a renewal on Kuningan Regency Regional Regulation on a Detailed Spatial Planning as a basis for determining licenses is needed.

Presumption of integrity and legitimacy of human actions in the system of principles of the rule of law

Purpose. The aim of the work is to determine the ways of harmonization of doctrinal transformations of the foundations of the rule of law, the formation of a conceptual model of the principle of the presumption of human integrity. Methodology. The methodology includes integrative analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. During the study, the following methods of scientific knowledge were used: system-structural, logical-normative, functional analysis. Results. In the process of research, it was recognized as the need to consolidate at the level of constitutional norms the principle of the presumption of integrity and legitimacy of the actions of each person. In view of the consolidation of this principle, the standards of proof in the consideration of litigation should be adjusted. Taking into account the introduction of this doctrinal basis, the ways of exercising the discretionary powers of the court and other legal institutions in the interpretation of law and the implementation of law enforcement are shown. Originality. In the process of research, a doctrinal and conceptual model of the constitutional principle of the presumption of human integrity has been formed. The correlation of this principle with other principles of the rule of law is shown. The place of the presumption of human integrity in the integrative basis of the rule of law and its role in strengthening the guarantees of protection of human rights and freedoms are revealed. Practical significance. The results of the study can be used in law-making activities for further improvement of legislation, as well as in law enforcement activities to improve counteraction to defamation.