Investigative Agencies Research Articles

The ‘Vulnerable’ Hindu Woman, Love-jihad, and the Indian Courts: The Hadiya Case - Commentary on Asokan K.M. v. State of Kerala (2017) 2 KLJ 974

In Asokan K.M. v. State of Kerala (2017) at the behest of a disgruntled Hindu father whose daughter had converted to Islam and married a man of her choice, the Kerala High Court (HC) cast the daughter, Hadiya, as a ‘vulnerable’ woman before annulling her marriage. In this article, I place the infamous Hadiya case within a broader history of love-jihad – an ascendant Hindu nationalist conspiracy in India that asserts that Muslim men wish to convert Hindu women to Islam by feigning love and seducing them, thus posing a threat to all Hindu women, and by extension to the community and the nation itself. I then analyse the public perception and the media discourse around the trial, before turning to the Indian Supreme Court’s (SC) judgment in the case. I argue that by denouncing patriarchy and ostensibly finding in favour of Hadiya, the SC judges portrayed themselves as feminist allies, yet by allowing the National Investigation Agency to continue their ‘terror’ investigation against her husband, they not only insidiously undermined Hadiya’s decisions, but also revealed the shallowness of their feminist stance. In the last section, I appraise the rewritten feminist judgment offered by Urmila Pullat and Sandhya PR who situate themselves as the dissenting judges on the Kerala HC bench.

О некоторых особенностях регламентации и деятельности следственных групп, формируемых в правоохранительных органах европейских государств

The author examines European states' criminal procedural and departmental laws that regulate the organization and implementation of the activities of investigation teams. He analyzes to the positions of several scientists who have studied the organization of joint investigation teams in the territory of the European Union, reveals the distinctive features of the normative regulation of these teams' activities, investigates the significant differences in organizing investigation teams in European countries from a similar process under Russian criminal procedure laws. The author identifies the positive aspects in the organization and implementation of joint investigation teams' activities and some organizational and procedural shortcomings in the regulation of the activities. The author notes an aspect important at the present stage - the digitalization of criminal proceedings in the activities of the investigative authorities of European states. Separately, he discusses the positive aspects and some problems of organizing investigation teams in Sweden and Finland - European states that are not members of the European Union. The author proposes to consider the introduction of certain activities of investigative teams of European law enforcement agencies in the law enforcement practice of organizing activities of investigative teams of investigative agencies of the Russian Federation in order to increase the efficiency, objectivity, and quality of crime investigation.

디지털 증거 선별압수를 위한 인공지능 활용에 대한 고찰

Our society is already experiencing the Fourth Industrial Revolution. Therefore, most of our lives are influenced by the technology of the Fourth Industrial Revolution. One of the core values of the 4th Industrial Revolution is to rebuild the real space in the virtual space by transferring information in the real space to the virtual space. As a result, all objects, movements, and attributes in the real space are digitized and stored. Amid these changes, the importance of digital evidence is already beyond analog evidence. However, investigations and trials of crimes are still conducted only in analog spaces. Therefore, a technical device that connects the digital world and the analog world is required. The problem is that digital evidence and related legal regulations are not sufficient in the current Criminal Procedure Act. Therefore, investigative agencies have a difficult task to collect digital evidence and prove guilt in accordance with precedents and internal regulations.
 Article 106 of the Criminal Procedure Act stipulates a method of confiscating digital evidence. The problem is that among the suspect’s numerous information, it is not easy to collect only information related to criminal charges without violating the suspect’s basic rights. Therefore, as a way to overcome such difficulties, a method of performing seizure using a technical method such as artificial intelligence is being considered. Therefore, as a countermeasure against it, first of all, ground rules for legal procedures must be prepared. In addition, the reliability of artificial intelligence application technology should be recognized from a trusted institution, and users should be able to control the artificial intelligence technology used for screening and seizure. As technology develops in the future, similar problems may continue to occur. Therefore, comprehensive research related to the digital evidence legal system and technology system is needed.

마약류 범죄의 억제를 위한 효율적 대처방안에 관한 연구

This study aims to present improvement measures through the current status and problems of drug crimes in Korea. Korea can no longer be called a drug-free country, as more than 10,000 people are arrested for drug crimes every year. Entertainment workers, celebrities, second and third generations of chaebol, as well as the general public, can easily access media articles that have been arrested by investigative agencies for misuse and abuse of drugs. The number of drug crimes increased as the number of foreigners and early study abroad increased due to the increase in the number of overseas cultural experiences and the Internet. As for narcotics, it is necessary to promote strict social and institutional policies at the national level and to have a public consensus that misuse and abuse of narcotics is a serious criminal act by promoting the seriousness and risk of crime. By establishing an organic cooperation system of the state, local communities, and private organizations, they should work together to develop temptation and self-control of drugs by themselves through legal support, medical care, and rehabilitation treatment.

RECRUITMENT SCHEME OF INVESTIGATORS IN THE DIRECTORATE OF GENERAL CRIME AT THE INDONESIA NATIONAL POLICE THROUGH THE TALENT SCOUTING STRATEGY

The police are law enforcement officers who are given the authority to conduct investigations into criminal cases. The ability of investigators then determines the success of law enforcement. Recruitment of investigators working at the Directorate of General Crime at INP then needs to be done properly, so implementing talent scouting is the organization's choice. This paper aims to analyze the investigator recruitment scheme in one of the functions of the INP, namely the Directorate of General Crimes at the Criminal Investigation Agency by applying the concept of talent scouting. The method used in this research is descriptive research with a qualitative approach. Data was collected by literature study and documentation study. Secondary data sources are taken from books, journals, internal documents and others related to research problems. An interactive analytical framework was employed to analyze the data. The results of the study show that the implementation of talent scouting can be carried out by carrying out five stages: 1) announcement, 2) determination of eligible participants, 3) registration, 4) administrative selection, 5) competence test to get a talent pool. The two main factors that influence the recruitment of investigators are internally, the readiness of the INP General Crimes Directorate and externally the readiness of candidates to register and carry out tests.

Recognition of Islamic Jurisprudence to the People's Republic of China's Model of Awarding Capital Punishment to the Convicts of Financial Corruption

All state governments make their efforts, at their levels, to curb the hazard of corruption. Financial corruption is a menace to every society. Criminal Law of the People's Republic of China awards the punishment of death to the culprits of heinous financial corruption. In Pakistan, the Federal Investigation Agency (FIA), National Accountability Bureau (NAB), and Federal Board of Revenue (FBR) are making their best efforts to eradicate this evil. Islamic jurisprudence provides only limited offenses where the death penalty is settled as punishment. Whether Islam can adopt this punishment, is a question, not considered by early Muslim jurists in their academic works. The Qur’anic conception of punishments is broad enough to accommodate the needed adjustments, which this article attempts to do. This research helps facilitate legislature to handle the question of whether or not it can award the death penalty to financial corrupts in light of Islamic injunctions.

Alur Pemikiran Finalisasi Pancasila dalam Undang-Undang Dasar Negara Republik Indonesia Tahun 1945

This study aimed to describe the historical review of the formulation and ratification of the Pancasila and to analyze the flow of thought for the finalization of Pancasila in the 1945 Constitution of the Republic of Indonesia. This study used ideological-historical methods with literature study techniques. The Panitia Sembilan formulated Pancasila's ideology at the Investigative Agency for the Preparatory Work for Independence (BPUPK) meeting on 29 May 1945 to 1 June 1945 and stipulated in the Jakarta Charter on 22 June 1945 and ratified by the Preparatory Committee for Indonesian Independence (PPKI) on 18 August 1945. Finalization of Pancasila in the Constitution The Republic of Indonesia of 1945 was based on the ideological historical experience of the Indonesian nation to maintain national integration by limiting the authority of the People's Consultative Assembly as contained in Article 37 paragraph (1) of the 1945 Constitution of the Republic of Indonesia.This study aimed to describe the historical review of the formulation and ratification of the Pancasila and to analyze the flow of thought for the finalization of Pancasila in the 1945 Constitution of the Republic of Indonesia. This study used ideological-historical methods with literature study techniques. The Panitia Sembilan formulated Pancasila's ideology at the Investigative Agency for the Preparatory Work for Independence (BPUPK) meeting on 29 May 1945 to 1 June 1945 and stipulated in the Jakarta Charter on 22 June 1945 and ratified by the Preparatory Committee for Indonesian Independence (PPKI) on 18 August 1945. Finalization of Pancasila in the Constitution The Republic of Indonesia of 1945 was based on the ideological historical experience of the Indonesian nation to maintain national integration by limiting the authority of the People's Consultative Assembly as contained in Article 37 paragraph (1) of the 1945 Constitution of the Republic of Indonesia.

제3자 복호화명령의 도입에 관한 비교법적 고찰

Even if the investigative agency knows that the crucial information necessary to investigate the crime is stored in the mobile phone, unless the password is released, there is no proper way to confirm or secure it. Although the number of cases requiring forensics that can find the substantive truth of a case using digital forensic technology is rapidly increasing every year, successful decryption of mobile phones is not so common that they are considered a major obstacle to digital forensics success. It is a social problem that the case is buried because the relevant information necessary for the discovery of the substantive truth of an important event is not secured in a timely manner.
 As a solution, the method of forcing the suspect to release the mobile phone password or requesting their cooperation through the decryption order system can be considered. However, this may excessively infringe on personal privacy and may violate the constitutionally guaranteed privilege to refuse self-incrimination. This is because the violation of the right to refuse to make a statement can be a problem depending on whether it is understood as personal information or a statement according to the characteristics of the mobile phone password.
 Therefore, it was investigated whether the introduction of the decryption order to unlock the password of the mobile phone infringes on the basic rights guaranteed by the Constitution. This is because the degree of protection will vary depending on whether the view of the password is personal information or personal information and whether it is a statement or not, that is, depending on the nature and status of the password. In this case, if it is impossible to force a decryption order on individuals such as criminal suspects due to the fundamental rights guaranteed in the Constitution, we examine whether it is possible to force a decryption order or request cooperation from a third party, a mobile phone manufacturer, to solve this problem. searched for. In particular, third parties and companies were divided into mobile phone manufacturers and information and communication service providers, and reviewed from the perspective of protection and exceptional use of personal information.
 In principle, personal information is subject to protection under the current law, and exceptional use other than the purpose of collection is specifically stipulated in the “Personal Information Protection Act”. However, since the specific interpretation and application are not necessarily clear, we looked at foreign legislative cases comparatively in relation to the provision of personal information to a third party. Although there are means to acquire, this method of cooperation takes a long time, so it was judged that it is not an appropriate means for securing evidence for digital crimes in the information society. In addition, the introduction of a decryption order to a third party is necessary as a means to secure criminal information not only to domestic companies under judicial jurisdiction but also to global companies abroad. It also struggled to find a harmonious way with an appropriate balance to raise the problem of discrimination.

언론의 범죄보도와 공정한 형사절차에 대한 소고

The media reports on crime have a positive effect that are satisfying the right of the people to know, preventing damage in the same crime, and helping to investigate unsolved specific cases. On the other hand, that has a negative effect that it can undermine the principle of presumption of innocence, cause infringement of personality rights, and that it can infringe fair investigation and fair trial by strengthening the guilt in criminal justice procedures. There is a need to find ways to control negative effects while maintaining positive effects of media reports on crime. In the media reports on crimes, it is necessary to carefully select the cases to be disclosed in the public information guidelines set by the investigative agencies, and it is necessary to unify the public information regulations separately provided by the police and the prosecution. Furthermore, it is necessary to establish standards in public information regulation in the case after the prosecution. Also, the standards of public information should be strengthened to prevent indiscriminate exploration reports, speculative reports, and provocative crime reports due to competition among media organizations. For the investigation reports or speculative reports on suspicions that have not been confirmed, it is necessary to prepare regulations that can admits unintentional intentions in the defamation crime if the preliminary work is not done to guarantee the objectivity of the report, or to change the burden of proof in the civil illegal act liability. Furthermore, it is necessary to consider introducing obstruction of justice to minimize the impact of uncertain media reports on the fairness of criminal justice procedures.

제3자 보관 정보의 압수수색과정보주체에 대한 통지

Today, the seizure and search of electronic data stored on ISP/CP servers is no longer considered as a specific type of investigative measure and is typically performed in the early stages of an investigation, like accessing data stored on the personal storage devices. In the former case, it violates the principle of fair trial and proportionality that the right to participate, which is an effective control over excessive information collection by the Supreme Court of Korea, can be excluded from the outset by the investigating authority not by an objective and independent third party. In text, the Constitutional Court of Korea is in a position that this defect of procedural guarantee can be sufficiently compensated through protesting against the exclusion of illegally obtained evidence or filing an appeal. However, it is questionable whether this is justifiable considering the extensive seizure and search, the objections after indictment-related dispositions, and the trial procedures that have already been initiated. Meanwhile, the seizure and search of third-party archive data and the notification of the accused, i.e. the individuals affected by the data, have been disputed over the past ten years, also in Germany, along with discussions on the openness/confidentiality of measures. Especially in the area of security crime, the general provisions of the seizure and search of StPO should be considered as directory provisions for effective investigation. And this violation is neither illegal nor revoked. Therefore, the investigative agencies argued that they could confidentially execute the seizure and search based on this court order under the general regulations. However, the BGH and the BVerfG clearly rejected this opinion. The BVerfG explained as follows: If the seizure and search of electronic data stored on the ISP/CP’s server is carried out openly, it may be based on the general regulations, just like the seizure and search of the data stored in the personal storage devices, while if such an action is carried out confidentially, it should be accompanied by enhanced procedural control. In 2021, the German parliament made § 95a StPO, a legal basis for allowing searches and seizures under the general regulations to be carried out confidentially, which means without knowing the person affected by the data, i.e. the suspect. The rule allows deferral of notification at the same level as ensuring Procedures in Telecommunications Surveillance. In today's information technology conditions, there is no reason to treat the data differently whether it is stored on a server or on a personal data storage device when investigative agencies access electronic data. Therefore, in both cases, the procedural guarantee to protect fundamental rights and their exclusion should be permissible under the same requirements according to the rule of law and the principle of proportionality. It must be taken into account here that secret coercive measures need to be tapped into strengthened procedural controls as they are more invasive than open coercive measures.

Moderating role of Government Policy into the relationship between Digital Distrust, Negative Emotions, Information Overload and Cyber violence: Evidence from Pakistan

Cyber violence is emerging and critical for adolescents in Pakistan. The federal investigation agency in Pakistan is reporting thousands of cyber violence Crimes every year. The cases of cyber violence have a deep psychological impact on the victims. Therefore, the core objective of this study was to investigate the Impact of emerging determinants of cyber violence like negative emotions, information overload, and government policy on Cyber Violence behaviours among Adolescents. The study is based on primary data collected on the Likert scale and Partial Least Square (PLS) method was used for data analysis. The study concludes that adolescents in Pakistan are increasingly demonstrating cyber violence and in turn affecting their psychological state of affairs. This study enhances the literature on the significant role of government policy decrease cyber violence. Concerning cyber violence against adolescents, this study has significant practical implications critically important for the government and other stakeholders to reduce the cases of cyber violence in Pakistan. The future directions of this study direct the new gaps in the literature for future research.

Using the Results of Rosfinmonitorings Work in Criminal Proceedings

The Federal Financial Monitoring Service (Rosfinmonitoring) currently possesses complete and comprehensive information whose analysis makes it possible to monitor the whole chain of financial transactions, links, agreements through which criminal gains are legalized, transformed into other assets and the capital is then transferred abroad. However, to date the procedure for giving the results of Rosfinmonitorings financial investigations the status of evidence in the criminal process has not been legally regulated. Since Rosfinmonitoring is not a law enforcement body, or a subject of operative search and evidence-collection work, the materials of its financial investigations cannot be directly used as evidence in a criminal case and need legalization. As the information in the materials of a financial investigation constitutes bank secrecy, a direct attempt to use it as proof could be dismissed by the court as inadmissible evidence because it was obtained by law enforcement bodies without a court sanction. In order to give the status of admissible evidence to the information obtained during a financial investigation of the deposits and accounts of the persons involved, the investigator, with the agreement of the head of the investigation agency, or an inquiry officer, with the agreement of the prosecutor, should petition the court about the initiation of investigatory actions according to the procedure stated in Art. 165 of the Criminal Procedure Code of the Russian Federation, and attach all the documents obtained from credit organizations as a result of the courts ruling to the materials of the criminal case. The authors present a comparative analysis of financial and preliminary investigations, describe the specifics of using the materials of financial investigations in criminal proceedings and the procedure of Rosfinmonitorings cooperation with law enforcement bodies with the goal of investigating and solving crimes.

공인탐정 법제화 관련 쟁점에 관한 연구

Korea is the only OECD member country without detective system, and officially relies on the public investigation agencies for all cases. If a legal detective system is enacted and implemented to resolve disputes smoothly without relying on public power, it will reduce the time and cost of social disputes and further improve people’s satisfaction and quality of life.
 Due to the lack of current legislation, there is a problem that personal information infringement and multidimensional human rights infringement can occur in the dard as errand centers and offices are not managed systematically.
 In 1999, the National Assembly first attempted to enact a bill on certified detectives, but it was not submitted to the plenary session, and 20 years late, about 10 laws related to detectives legislations were processed or discarded due to the expiration of their term.
 In fact, several bills have been tried by the National Assembly to protect the rights and interests of the people by overcoming the limitations of public power that cannot be fully responded to only by law enforcement and investigation by state law enforcement agency and creating future jobs. However, due to negative views on the infringement of personal information and privacy at work and conflicts with existing laws and regulations, it has been difficult to pass the bill.
 However, regardless of the ruling and opposition parties, there is no disagreement on the legalization of detectives, but there is a disagreement over which state agency the competent government office should be placed in, which is considered an obstacle to the legalization itself. This paper examines the main issues in the legalization process of certified detectives so far. To this end, from a comparative legal point of view, I would like to examine the cases of advanced foreign countries and propose a plan to legislate detectives suitable for Korea.

Landslide Identification and Gradation Method Based on Statistical Analysis and Spatial Cluster Analysis

As a type of earth observation technology, interferometric synthetic aperture radar (InSAR) is increasingly widely used in the field of geological disaster detection. However, the application of InSAR in low-coherence areas, such as alpine canyon areas and vegetation coverage areas, is subject to considerable limitations. How to accurately identify landslides from InSAR measurement data in these areas remains the subject of several challenges and shortcomings. Based on statistical analysis and spatial cluster analysis, in this paper, we propose an automatic landslide identification and gradation method suitable for low-coherence areas. The proposed method combines the small baseline subset InSAR (SBAS-InSAR) method and the interferogram stacking (stacking-InSAR) method to obtain a deformation map in the study area, using statistical analysis and spatial cluster analysis to extract deformation regions and landslide polygons to propose a landslide screening model (LSM) based on multivariate features to screen landslides and reduce the interference of noise in landslide identification, in addition to proposing a landslide gradation model (LGM) based on signum function to grade the identified landslides and provide support to distinguish landslides with different deformation degrees. The method was applied to landslide identification in the upper section of the Jinsha River basin, and 47 potential landslides were identified, including 15 high-risk landslides and 13 landslides endangering villages. The experimental results show that the proposed method can identify landslides accurately and hierarchically in low-coherence areas, providing support for geological hazard investigation agencies and local departments.

IMPLEMENTASI KEPROFESIONALITAS POLRI DALAM MELAKSANAKAN TUGAS BERDASARKAN PERATURAN KODE ETIK PROFESI POLRI

Violence is often carried out by the police during investigations to obtain confessions from suspects. This behavior has become a habit that can be shown from various research results, which is caused by the absence of an investigative supervisory agency, incomplete legal instruments, protection from institutions, and unprofessional attitude from the police. This situation causes the suspect to have no opportunity to fight for his rights and the perpetrators of violence are not touched. Professionalism is related to moral issues that are standardized into a code of ethics, and a violation of the code of ethics indicates that there are moral problems within the police. There needs to be a moral improvement on investigators so that the investigation can take place properly and correctly as expected. In addition, there are several regulations that regulate the police professional code of ethics, Peraturan Kapolri Nomor 14 Tahun 2011 Tentang Kode Etik Profesi Kepolisian Negara Republik Indonesia so that it cannot be applied arbitrarily and can carry out its duties properly in accordance with the police code of ethics.

K-웹툰을 위협하는 사이버범죄에 대한 대응방안

As K-webtoons receive worldwide attention, Korea's status is increasing, and the Korean webtoon industry is also developing. Along with that, however, cybercrime attacking K-webtoons is also on the rise. Until now, the issue of K-webtoon infringement has been dealt with only for copyright infringement. However, from now on, it should be dealt with in terms of economic crime and cybercrime. The problem is that Korean criminal justice has limitations in responding to cybercrime. This is because the current legal system was built on the basis of analog society. Therefore, in this paper, we examined the current status and type of cybercrime attacking K-webtoons, limitations of current laws, and countermeasures. As a result, the K-Webtoon industry should continuously monitor crime damage and calculate the scale of damage more accurately. The government should strengthen public relations and monitor related crimes. In particular, investigative agencies should strengthen international investigation cooperation and strengthen punishment by treating the crime as an organized crime. The legislature should come up with a law that can deal with the problem of illegal webtoon servers as economic crimes and introduce legal grounds to recover criminal profits. And measures should be legislated to allow investigative agencies to respond appropriately to cybercrime, such as online search.
 Korea stands tall as a mainstream of world culture. One of them is the K-Webtoon. However, cybercrime is threatening the K-Webtoon. Therefore, it is necessary to find a way to respond appropriately to the cybercrime. Citizens should continue to pay attention to the threat posed by K-webtoons. In addition, countermeasures against cybercrime should be discussed in the public debate. This is not just a problem for K-Webtoon writers or their industries. The legislature, the government, and all the Korean people should solve it together.

한국경찰의 부패방지를 위한 합리적 통제방향의 모색 - 영국의 제도를 중심으로 -

The purpose of this study is to seek reform and desirable control directions for the Korean police based on the analysis of the UK police control system. The control features of the UK police are the distribution of police power to local police and special police, the guarantee of supervision by the Secretary of Home Office, and the monitoring and sanctions of police corruption by IOPC and HMICFRS. Therefore, this suggests the direction of corruption control and desirable institutional improvement in the Korean police. First, the Ministry of Interior ad Safety should faithfully fulfill its role as a hierarchical supervisory authority as a superior authority of the National Police Agency and the Autonomous Police Committee. Second, the Ministry of Interior and Safety should directly carry out the affairs of the National Police Commission. Third, the police's ability to respond to crimes should be strengthened by introducing a practical autonomous police system. Fourth, the Serious Crimes Investigation Agency shall be under the Ministry of Justice and exercise the right to investigate and prosecute. Fifth, the Police and Investigation Corruption Inspection Committee is separately established under the Prime Minister. Sixth, the police recruitment system must be completely reorganized to eliminate discriminatory personnel management.

Sebuah Perbandingan Perlindungan Hukum Terhadap Korban Tindak Pidana Terorisme di Indonesia dan India

Terrorism is a crime that is a major threat to the maintenance of every country that poses a danger to security, world peace, and harms the welfare of society. This is inseparable from the suffering of victims of crimes who need legal protection from the state. The purpose of this study is to compare forms of legal protection in the normative and empirical settings given to victims of criminal acts in Indonesia and India. This study uses a qualitative research method with an empirical juridical approach and descriptive analytical research specifications. The research was conducted at the National Counter-Terrorism Agency, Jakarta and the India Center for Victimology and Psychological Studies, New Delhi. The data used include primary data and secondary data. Methods of collecting data through interviews and literature study. The data obtained is processed by data reduction, data display, data categorization. Presentation of data in the form of narrative text descriptions, with qualitative analysis methods. The results of the study indicate that the legal protection of victims of criminal acts in both countries has its advantages and disadvantages, as for legal protection that requires further attention regarding medical assistance, another matter is that the rights of victims of past crimes are limited to 22 June 2021. whereas in India it will not harm the victim. Meanwhile, there are factors that hinder the legal protection of victims of criminal acts in Indonesia and India, seen from (1) the legal substance, namely the Government Regulation of Law no. 5 of 2018 does not yet exist while in India there is no specific regulation regarding psychological and psychosocial rehabilitation, (2) the law is the lack of human resources (HR) in the National Counter-Terrorism Agency (BNPT) while in India there is a shortage of human resources at the National Investigation Agency (NIA) , and (3) legal culture, namely the existence of differences between related differences in India, the lack of legal knowledge of the people regarding their rights.
 Terrorism is a crime that is a major threat to the maintenance of every country that poses a danger to security, world peace, and harms the welfare of society. This is inseparable from the suffering of victims of crimes who need legal protection from the state. The purpose of this study is to compare forms of legal protection in the normative and empirical settings given to victims of criminal acts in Indonesia and India. This study uses a qualitative research method with an empirical juridical approach and descriptive analytical research specifications. The research was conducted at the National Counter-Terrorism Agency, Jakarta and the India Center for Victimology and Psychological Studies, New Delhi. The data used include primary data and secondary data. Methods of collecting data through interviews and literature study. The data obtained is processed by data reduction, data display, data categorization. Presentation of data in the form of narrative text descriptions, with qualitative analysis methods. The results of the study indicate that the legal protection of victims of criminal acts in both countries has its advantages and disadvantages, as for legal protection that requires further attention regarding medical assistance, another matter is that the rights of victims of past crimes are limited to 22 June 2021. whereas in India it will not harm the victim. Meanwhile, there are factors that hinder the legal protection of victims of criminal acts in Indonesia and India, seen from (1) the legal substance, namely the Government Regulation of Law no. 5 of 2018 does not yet exist while in India there is no specific regulation regarding psychological and psychosocial rehabilitation, (2) the law is the lack of human resources (HR) in the National Counter-Terrorism Agency (BNPT) while in India there is a shortage of human resources at the National Investigation Agency (NIA) , and (3) legal culture, namely the existence of differences between related differences in India, the lack of legal knowledge of the people regarding their rights.

THE USE OF "SMART" TECHNOLOGIES IN FORENSICS

In the modern world, technology continues to develop, this development is necessary for various industries, including police investigations. Thus, with the proper use of “smart” technologies, law enforcement agencies can predict, prevent and solve crimes. This paper discusses the process of obtaining and identifying important information that digital devices located at the crime scene can provide the police investigation. After analyzing which, the investigating authorities conducting pre-trial investigations can use it to identify and catch criminals, and in the future even to prevent crimes from happening. The issue of protecting privacy in the Internet era and the regulation at the legislative level of the work of investigative and law enforcement agencies in the field of digital technologies is touched upon. As a result of the study, the author concludes that with the advent and introduction of “smart” technologies, increasing the professionalism of police officers requires constant updating of knowledge and skills, the exchange of innovative developments with specialists from other countries, mastering the latest methods, mechanisms, and tools for conducting forensic research. Forensic investigators involved in crime scene investigations must be able to recognize and professionally retrieve hybrid (digital) devices to preserve possible information stored in them for further digital forensics. Key words: smart technologies, digital devices, digital forensics, privacy, police investigation, forensic intelligence.

BENTUK LEMBAGA PENYIDIKAN YANG MANDIRI DAN PROFESIONAL DI INDONESIA

ABSTRACT
 This study aims to determine two things namely. First, to find out the model of an independent and professional investigative institution. Second, to find out the relevance of the investigation function carried out by the National Police Criminal Investigation Agency.
 The approach method in this research is normative juridical. By using data collection techniques by means of library research.
 The results of the study show that the investigative authority requires the unification of investigative institutions which are formed in a separate container as a model of independent and professional institutions, so that there is no pluralism in the investigative authority, and the establishment or formation of investigative institutions in one institution, then the existence of the Criminal Investigation Agency which is still a part of the Polri institution becomes irrelevant, it must be separated from the elements of the Polri organization into a separate institution.