Enforcement Justice Research Articles

Features of information protection in the activity of justice enforcement bodies

Introduction. The perception of information as one of the key resources for the development of society is a widely recognised fact. The quality of its processing, timeliness and completeness of its receipt and professional use largely determine the effectiveness of decision-making. At the same time, achieving these results requires the development and implementation of reliable information protection mechanisms. Protection of information in the activities of the judiciary is a critical aspect, especially in connection with the development of digital technologies. It is important to ensure the confidentiality and integrity of data, which will help to increase trust in the judicial system and ensure human rights and freedoms. The purpose of the paper is to study the peculiarities of information protection in the activities of the judiciary. Results. The paper examines the definition of the category "information" in scientific works and legislation of Ukraine and outlines the need to take into account the sectoral aspect in its interpretation. The author identifies the objects of legal protection in the field of information and proves the need to include information about subjects who have access to information resources and information systems. The author outlines new challenges in the field of information protection which arose during the military invasion of the Russian Federation. Attention is drawn to the problem of non-compliance by officials with the basic rules of information hygiene. The author substantiates the need for a systematic approach to ensuring information security in the judicial system. Attention is drawn to the role of certain specialised structural subdivisions of the High Council of Justice in ensuring information security in the judicial system. The author outlines the peculiarity of the approach to the protection of personal data of participants to the judicial process. Conclusion. Protection of information in the activities of the judiciary is an important tool for the effectiveness of the judicial system, so a clear definition of the objects of protection will optimise the effectiveness of the tools to ensure it. It is important to protect not only resources and information systems, but also information about persons who have access to information resources and information systems. It is important not only to ensure procedural aspects, but also to comply with basic information hygiene methods. Achieving this requires a systematic approach to information security in the judiciary.

Abuse of Circumstances as a Reason for Cancellation of Agreement in the Indonesian Legal System

This research aims to find out the development of the doctrine of abuse of circumstances as a reason for canceling an agreement in the Indonesian Legal System. The proposed problem formulation contains: How is the development of the doctrine of abuse of circumstances in the Civil Law Legal System, especially Indonesia? and how is the consideration of judges in Indonesia in giving court decisions related to the doctrine of abuse of circumstances? This research includes normative legal research, with data collected based on written regulations and expert opinions. The results of this study indicate that the development of the doctrine of abuse of circumstances has been recognized in the Netherlands which adheres to the Civil Law System in the form of legislation, while Indonesia only recognizes this doctrine as limited to court decisions or has not been adapted in the form of legislation. Nevertheless, some judges in deciding civil cases in Indonesia recognize and use the doctrine of abuse of circumstances as a reason for canceling agreements in several civil cases. This shows a dilemma in the enforcement of justice in Indonesia, especially in the context of civil law considering that Indonesia adheres to the Civil Law System so that the main reference for judges in deciding cases is the law. In this case, the doctrine of abuse of circumstances has not been regulated in written civil law in Indonesia.

The Urgency of Restorative Justice Principles in Law Enforcement Efforts against Defamation Crimes through Social Media Twitter in Indonesia

This study seeks to ascertain the efforts to enforce restorative justice especially through defamation crimes on social media twitter based on positive law and inhibiting and supporting factors in the enforcement of restorative justice in criminal defamation on twitter social media in Indonesia. The method being used for this research is normative and the data collection method to be used is Library Research. The results of this study indicate that the National Police Chief Regulation No. 8 of 2021 provides a legal basis for the integration of restorative justice in police actions against crimes related to information and electronic transactions. The Indonesian National Police responded to the growing legal needs by developing new ideas through the National Police Chief Circular Letter No. 08/2018 and SE/2/II/2021 on Ethical Cultural Awareness in Digital Space. The obstacles mainly arise from the lack of regulations, especially in the ITE Law which has not specifically accommodated restorative justice as a solution in cases of criminal information and electronic transactions. Besides the fact it requires a mutual agreement between the victim and the perpetrator, restorative justice also cannot be applied if the perpetrator uses an anonymous account that cannot be identified.

IMPLEMENTATION OF PRINCIPLES OF RESTORATIVE JUSTICE IN CRIMINAL PROCEDURAL LEGAL PROCEEDINGS

This study aims to assess and analyze how the principle of restorative justice is applied in criminal procedural legal proceedings. Normative juridical methods were used in the study. The results showed that, despite some obstacles and difficulties, the principles of restorative justice have been used in criminal procedural legal proceedings. In some situations, several key principles have been applied, such as recovery for victims, active participation of perpetrators in the recovery process, and community involvement in peacekeeping. Nevertheless, the concept of restorative justice is still a complex concept to understand and study, as well as the availability of adequate resources to support its implementation. This study improves our understanding of the use of restorative justice in criminal procedural law. This research can serve as a basis for making more efficient legal policies and practices that support restorative justice in enforcement. Keywords: Principles of Justice, Restorative Justice, Criminal Procedural Law.

Revisiting Indonesian Legal Framework for Juvenile Justice: Ensuring Procedural Rights for Assault Offenders

Assault crimes are violent by nature and are often perceived as a serious threat to public safety. However, the complexity of each crime needs to be analyzed thoroughly in a legal procedure to make sure that important values and principles are applied. This is particularly important among juvenile offenders, where the enforcement of justice needs to be upheld without sacrificing the future of youth. This research is done to analyze the challenges in ensuring procedural rights for juvenile assault offenders in Indonesia. Through the normative legal research method combined with a statutory approach, this research uncovers the legal challenges that juveniles face in accessing their procedural rights in Indonesia’s juvenile justice system and how these challenges can be improved. Analysis of this research finds that the Indonesian legal framework is still lacking in many ways, particularly in ensuring the right to ease of access to information regarding the case and the protection of privacy. The analysisThe analysis also shows that these issues cause conflicts with other laws, constitutional principles, and international standards. This research not only highlights the gaps in Indonesia’s juvenile justice system but also lays a theoretical foundation for developing a more holistic and rights-based approach to juvenile justice reform.

Criminological Effectiveness of the Astrent as a Legal Incentive for Judgment Enforcement

The enforcement of judicial decisions is a pivotal aspect of the criminal justice system. The institution of an astrent is recognized as a legal mechanism designed to motivate a debtor to comply with a judicial decision, thereby serving as a deterrent to non-compliance and as a reinforcement of the rule of law. This coercive tool, by imposing negative material consequences, is intended to ensure adherence to a verdict, which is essential for maintaining public trust in the justice system – a core criminological concern. Given the varying legal nature of the astrent across different jurisdictions, this study examines its potential introduction into Ukrainian law from a criminological perspective, analyzing its deterrent capacity within the framework of criminal justice enforcement. The research outlines the similarities and distinctions between the astrent and other punitive measures, delving into its effectiveness as a defense method and its role in bolstering the execution of judgments. It highlights specific dispute categories within the criminal justice system where the astrent could significantly enhance compliance. Critical to the adaptation of this European legal construct to Ukrainian legislation, the paper scrutinizes several foundational issues that necessitate resolution. Notably, the paper discusses the termination of the right to an astrent post-imposition, suggesting that the objective impossibility of fulfilling a judicial act – owing to circumstances emerging after the court's decision and leading to the obligation's termination as per Article 607 of the Civil Code – should be the sole ground for relieving a debtor from the astrent payment. The study's alignment with criminological interests lies in its potential to shape debtor behavior, augment the effectiveness of legal sanctions, and provide empirical evidence for policy-making in the realm of crime management and enforcement legislation. The implications for both national and international criminological scholarship are considered, with the article contributing to the ongoing discourse on the optimization of punitive measures within the justice system and their theoretical underpinnings.

Restorative Justice dalam Perkara Kekerasan terhadap Anak di Kejaksaan Negeri Purbalingga

Laws are fundamentally created to provide justice for the entire society. Law enforcement can be carried out through litigation and non-litigation processes. The government is currently striving for non-litigation law enforcement through Restorative Justice. This article aims to explain the process by which a prosecutor convinces the victim to pursue Restorative Justice enforcement and the importance of the presence of village officials in Restorative Justice efforts. The data is based on interview methods and document analysis, analyzed descriptively. The research results indicate that, fundamentally, prosecutors do not convince the victim to undergo Restorative Justice. Instead, prosecutors act as facilitators suggesting that there is an alternative way to resolve non-litigation cases through Restorative Justice. The urgency of the presence of village officials as community figures in the Restorative Justice process is a requirement of Restorative Justice. Currently, the government is attempting to maximize the resolution of cases through non-litigation means, which is highly relevant in cases related to violence against children, especially in the efforts to implement Restorative Justice in cases of violence against children in the Public Prosecutor's Office of Purbalingga under the name Suspect Saeful Trianto alias Amir Bin Hadigun. The application of Restorative Justice requires the participation and awareness of the parties involved to be implemented to the fullest extent.Keyword: Justice, Law, Non-litigation law enforcement, Restorative Justice, Violence against children

The long‐run effects of the imperial bureaucracy: Two tales along the Great Wall of Ming China

AbstractThis article examines the long‐term effects of the administrative system using the Great Wall as a geographical discontinuity. Using town‐level nighttime light luminosity per capita as a measure of economic development, we find that today, luminosity per capita is significantly and robustly higher in towns south of the Great Wall than in those north of it. The holding of resource allocation authority by the administrative hierarchy and the uniform enforcement of justice by hierarchy officials were advantageous for city building and judicial cross‐territory enforceability on the south side of the great wall, which had a long‐term impact on the imperial bureaucracy.

Penegakan Hukum HAM dalam Bingkai Hukum Progresif Berdasarkan Kasus Paniai di Papua

In Indonesia, there is a need for a new legal breakthrough in the enforcement of human rights law. Progressive law can be used as a legal thought in enforcing human rights law. Considering progressive law is a law that does not rely on the text of the law alone but can be sourced from the values of people's lives. This study will discuss the Enforcement of Human Rights Law in a Progressive Legal Perspective. Efforts to enforce human rights law and protect human rights in Indonesia, apart from being regulated through regulations, can also be legally processed through human rights courts. The thing that underlies the urgency of the Progressive legal approach is that the judiciary, which is a justice enforcement agency, has not provided the best results in the justice enforcement process. What needs to be emphasized and underlined is that progressive law is different from other laws which prioritize strict procedures rather than prioritizing the objectives of the law itself. Enforcement of human rights law is often difficult, due to the many requirements and regulations as well as political dynamics that hinder the legal process for enforcing human rights law. Komnas HAM as an institution that has responsibility for the implementation of human rights law enforcement, preferably in the process of resolving human rights law, or seeking human rights justice, does not only build a legal rationale based on the positivistic paradigm.

Enforcement of Restorative Justice in Traffic Crime Cases Which Causes Death

This scientific work will discuss the enforcement of restorative justice in cases of traffic crimes that result in death. The formulation of the problem of law enforcement principles based on restorative justice for traffic accidents that result in human casualties and the principle of justice is in accordance with the principles of restorative justice for traffic accidents that result in human casualties. The research method used is normative research method with a statutory approach, conceptual and case. The results of the study show the application of the concept of restorative justice in the practice of crime prevention in Indonesia, especially when changes to criminal procedural law or criminal law in general are not a priority for legislation, but the concept of restorative justice in Indonesia in the context of criminal law does not yet have a specific forum, and in applying in the process of investigation, prosecution and examination in court as well as restorative justice returns the conflict to the parties who are most known for their influence-victims, perpetrators and the interests of their communities and give priority to their interests. Then attempt a restorative justice approach. but on purpose, namely creating harmony or restoring balance in social relations. thus, the acceptance and functionalization of restorative justice is more on the function of law in solving social problems better.

Enforcement of Restorative Justice in Traffic Crime Cases Which Causes Death

Enforcement of Restorative Justice in Traffic Crime Cases Which Causes Death

Enforcement of Restorative Justice in Traffic Crime Cases Which Causes Death

Enforcement of Restorative Justice in Traffic Crime Cases Which Causes Death

Penegakan Restorative Justice Dalam Perkara Pidana di Indonesia

In practice, law enforcement agencies often hear the term restorative justice. In the current era, Indonesian criminal law reform is needed in the handling of criminal cases, especially by prioritizing restorative approaches to justice. Restorative justice is an attempt to solve a criminal case, to repair and make amends for the wrongs committed by the perpetrator (their family) to the victim (their family). In the process of resolving criminal matters with a restorative justice approach, the community's position is given not only that of the perpetrator or victim, but also the broader role of observer or enforcer of crime settlement agreements. Restorative justice enforcement focuses more on the conditions for bringing justice and reparation to the perpetrators of crimes and to the victims themselves. The issue discussed in this study is the application of restorative justice in criminal cases using prescriptive legal methods of descriptive analysis. This means you get a detailed and comprehensive picture based on legal norms and principles and legal regulations. Governing law, legal theory and doctrine, jurisprudence, and other literary studies. The results of this study indicate that the application of restorative justice approaches must be used as a legal basis. It should be highly integrated as a foundation and guide for all law enforcement agencies. Law Enforcement and Courts. Keywords:
 Keywords: Law Enforcement, Restorative Justice, Criminal Cases

Halal Certification as Sharia Legitimacy for Economic Empowerment of Zakat Mustahiq

Zakat is one of the economic instruments in Islam whose main purpose is the enforcement of economic justice. Zakat during the Covid-19 pandemic is very much needed by the community to overcome economic problems for those affected by Covid-19. This article explores the problems of the fiqh arrangement of zakat distribution for people affected by Covid-19 and the fulfillment of their socioeconomic justice rights through zakat instruments. This article was studied normatively with secondary legal materials using descriptive analysis. The results of the study show that zakat has been used to reduce poverty due to Covid-19. This has become the legitimacy of distributing zakat to communities affected by Covid-19. Based on MUI Fatwa No. 23 of 2020, zakat may be used for community needs due to the Covid-19 outbreak. Communities affected by Covid-19 can be classified as mustahiq faqir because they are victims of natural disasters and social disasters. The distribution and utilization of zakat to the poor affected by Covid-19 is basically the fulfillment of social and economic justice for the community, which is the essence of zakat as an economic instrument for the people.Zakat is an instrument of the Islamic economy and one of its purposes is to improve the welfare of the poor ( dhuafa ). To empower productive enterprises by mustahiq zakat in the form of goods and services that can be accepted by the community through halal product certification. The problem faced in the field is that the common products of goods and services produced by mustahiq zakat have not been certified halal, so they do not have gained the syar'i legitimacy which has implications for the economic improvement of mustahiq . This study is a normative legal research that emphasizes descriptive secondary data. The results of this study show that halal certification is part of the syar’i legitimacy to provide guarantees to the Muslim consumer. Halal certification of goods and services produced by mustahiq zakat through productive zakat has not been implemented optimally due to low legal awareness of mustahiq regarding halal certification, limited advocacy from zakat management agencies, expensive certification costs, and bureaucratic certification procedures. Keywords: Economic empowerment, halal certification, sharia legitimacy, zakat DOI: 10.7176/JLPG/127-03 Publication date: December 31 st 2022

Distribution of Zakat for Communities Affected by COVID-19 in the Perspective of Socio-Economic Justice

Zakat is one of the economic instruments in Islam whose main purpose is the enforcement of economic justice. Zakat during the Covid-19 pandemic is very much needed by the community to overcome economic problems for those affected by Covid-19. This article explores the problems of the fiqh arrangement of zakat distribution for people affected by Covid-19 and the fulfillment of their socio-economic justice rights through zakat instruments. This article was studied normatively with secondary legal materials using descriptive analysis. The results of the study show that zakat has been used to reduce poverty due to Covid-19. This has become the legitimacy of distributing zakat to communities affected by Covid-19. Based on MUI Fatwa No. 23 of 2020, zakat may be used for community needs due to the Covid-19 outbreak. Communities affected by Covid-19 can be classified as mustahiq faqir because they are victims of natural disasters and social disasters. The distribution and utilization of zakat to the poor affected by Covid-19 is basically the fulfillment of social and economic justice for the community, which is the essence of zakat as an economic instrument for the people. Keywords: communities, covid 19, justice; socio-economic; zakat DOI: 10.7176/JLPG/81-08 Publication date: November 30 th 2022

The Effect of Modern Tax Administration System, Taxpayer Satisfaction, Enforcement of Tax Sanctions and Distributive Justice on Taxpayer Compliance (Study On Taxpayers of Personal Persons Registered at The Holy Tax Service Office)

This study aims to examine the effect of modern tax administration system, taxpayer satisfaction, tax penalty enforcement, and distributive justice on taxpayer compliance. The population in this study is an individual taxpayer registered at KPP Pratama Kudus. The method used is purposive sampling with a total of 400 respondents. The analytical technique used is multiple linear regression analysis. The results of this study show that modern tax administration system, taxpayer satisfaction, and tax penalty enforcment have a positive effect on tax compliance, meanwhile, distributive justice have no effect on tax compliance

Enforcement Of Islamic Family Law In Review Of Supreme Court Jurisprudence

The Contra opinion on the jurisprudence of the Supreme Court judge on Islamic family law greatly interferes with the existence of the enforcement of justice, because the legal basis is often contrary to the text of legislation. The study analyzed whether and to what extent the jurisprudence of the Supreme Court can enforce Indonesian Islamic Family Law. This type of research is library research, data needed secondary data. The approach method is doctrinal juridical, and the data is analyzed qualitatively. The research product explains that MA jurisprudence is one of the products of Islamic legal thought from the judiciary, judges play an important role in enforcing Islamic law because judges cannot be separated from ijtihad to find law through understanding and meaning of the law. The existence of jurisprudence is used as the basis for legal considerations of PA judges in resolving cases, able to strengthen the strengthening of law and solving problems of Islamic family law fairly and correctly based on the basic principles of Islamic Sharia.

Effectiveness Of E-Government Implementation In Public Services In The Land Office Of Semarang City

The development of increasingly sophisticated information technology requires that the public service system must be upgraded to an electronic system. One way is to implement the E-Government system in realizing electronic-based government. The E-Government system is intended to make government administration easier, faster, transparent, and effective. The E-Government system is determined by the principles of good governance, such as law enforcement, efficiency and effectiveness of state administration, public participation and justice. The implementation of the system involves human resources who can support the application of the system and also provide information to the public regarding the use of the E-Government system. Legal regulations related to the E-Government system have been stated in Presidential Instruction Number 3 of 2003 concerning National Policies and Strategies for E-Government Development, where the rapid advancement of communication and information technology and the potential for its widespread use can open up access, management and utilization of information in capacity. large ones quickly and accurately. This study uses a normative juridical approach which analyzes the results of research in the field with applicable legal regulations. A qualitative approach is used to emphasize the aspect of in-depth understanding of a problem. The purpose of this paper is to determine the implementation of the E-Government system in public services at the Semarang City Land Office, Of course, since the pandemic, the E-Government system can be a solution in terms of public services, given the limitations of the public to come directly. The implementation cannot be separated from the obstacles that occur, so it can be seen the obstacles and the solutions provided so that the use of the E-Government system can be even better.

PERAN HAKIM DALAM PENEGAKAN RESTORATIF JUSTICE MELALUI HUKUM PIDANA ADAT

Article 18B paragraph (2) of the Constitution of the Republic of Indonesia provides recognition of laws that live and develop in society. One of the law enforcement officers who are given the authority to explore the values that live in the community, namely the Judge as regulated in Article 5 paragraph (1) of Law no. 48 of 2009 concerning Judicial Power. The values that live and develop in the community or better known as customary criminal law can be a way for judges to carry out restorative enforcement, so the role of judges is needed in assessing and considering the facts of case settlement outside the trial. This study aims to determine and analyze the role of judges in the enforcement of restorative justice through customary criminal law. This article is a normative legal research using a statutory and conceptual approach. The results of the study show that judges are facilitators and catalysts in the enforcement of restorative justice through customary criminal law in order to find a satisfactory solution to all parties as an effort to make peace between victims and defendants through customary criminal law that occurs outside the trial. Article 18B paragraph (2) of the Constitution Jo. Article 2 paragraph (2), Article 3 paragraph (2), Article 5 paragraph (1) of Law no. 48 of 2009 concerning Judicial Power and Article 5 paragraph (3b) of Law no. 1 of 1951 concerning Temporary Measures for Organizing Unitary Powers and Procedures for Civil Courts can be used as the basis for the application of customary criminal law as one of the efforts to enforce restorative justice.Judges as facilitators and catalysts in the enforcement of restorative justice through customary criminal law in order to find a satisfactory solution to all parties as an effort to make peace carried out by victims and defendants through customary criminal law that occurs outside the trial. Article 18B paragraph (2) of the Constitution Jo. Article 2 paragraph (2), Article 3 paragraph (2), Article 5 paragraph (1) of Law no. 48 of 2009 concerning Judicial Power and Article 5 paragraph (3b) of Law no. 1 of 1951 concerning Temporary Measures to Organize Unitary Powers and Procedures for Civil Courts can be used as the basis for the application of customary criminal law as one of the efforts to enforce restorative justice.

Social Justice and Poverty: Islamic Economic Perspective

This paper aims to describe the socio-economic justice concept taught by Islam, which wants a proportional income distribution. It can also be said that the Islamic economy is an economy based on togetherness. Therefore, it is not strange if the assumption of the Islamic socio-economic justice principle is similar to the socialist system. There has even been an opinion stating that if the socialist system is added and incorporated Islamic elements into it, it will become Islamic. I conducted a literature study and a descriptive analysis approach to the literature and existing sources. Some perspectives and opinions stated that the similarity of the socio-Islamic justice system with socialism was not entirely true; there were more mistakes. The economic principle of socialism, which rejects individual ownership and wants an even income distribution, differs from Islamic economic principles. Islamic economics, the enforcement of socio-economic justice, is based on a sense of brotherhood (ukhuwah), mutual love (mahabah), shoulder to shoulder (takaful), and mutual help (ta'awun), both between the rich and the poor and between the rulers and the people.