Instrument Of Law Enforcement Research Articles

PEMULIHAN ASET KORBAN PENIPUAN SEBAGAI TINDAK PIDANA ASAL DALAM TINDAK PIDANA PENCUCIAN UANG

: In a criminal offense we need to know clearly the criminal offense that occurred is a must. One of them is the crime of embezzlement formulated in Article 372 of the Criminal Code, which means that embezzlement is an act in which an object is in the power of a person not because of a criminal offense, but because of a legal act, for example because of storage, entrustment agreements, and so on. Then the person who is given the trust to store and so on controls the goods for himself unlawfully, then the person is committing embezzlement. In contrast to fraud as formulated in Article 378 of the Criminal Code, fraud means an act with the intent to unlawfully benefit oneself or others by using a false name, false dignity, deception or lies that can cause others to easily surrender their goods, money or wealth. These two criminal offenses can result in other actions that harm others with economic motives, which can be said that fraud and embezzlement are carried out to obtain a person's assets, one of which can be obtained by money laundering. Assets themselves are goods which in the legal sense are movable objects, both tangible and intangible, which are included in the assets or wealth or property of an agency, business entity organization or individual. The anti-money laundering regime in Indonesia has given birth to a new approach that no longer focuses on the perpetrators of crime, but on the assets of the proceeds of crime, known as the follow the money method. In addition, the law enforcement instruments against illegal assets contained in the Anti-Money Laundering Law are actually sufficient to reach not only the assets resulting from criminal acts but also their acquisition. Ideally, the assets resulting from the criminal offense are returned to the victim of the criminal offense through a court decision with permanent legal force that orders the seizure of assets for the state or returns to the rightful owner. Returning assets to victims by perpetrators in cases of property crime, fraud and embezzlement is not impossible. Return of assets in the form of compensation in this case can be implemented by merging cases. Victims of crimes with material losses, such as fraud and embezzlement, have the right to recover their property.

The Role of the Police in the Settlement of Foreign Case in Surakarta

Adultery is a social problem that is often encountered in today's modern life. In positive law in Indonesia, adultery is a complaint offense where Criminal punishment can only be imposed on subjects who commit adultery while married. The problems brought by the act of adultery are not only a matter of morality, but cause many other problems as well as the losses incurred both to the victim, society and even to the perpetrator of adultery. However, the Criminal Code places sanctions on adultery offenses with very light weight. This legal research explains the role of the police as an instrument of law enforcement in resolving adultery cases based on laws and regulations.

Consumer protection enforcement law characteristics on civil law aspects in Indonesia

Law enforcement on consumer protection reflects the norms or rules of consumer protection law that apply in the community to be obeyed. The use of law enforcement instruments in consumer protection is a civil lawsuit that can be made by consumers, either individually or in groups, non-governmental organizations and the government. Consumer protection is something that is very important, because basically all humans are consumers. This consumer protection has been regulated in Law Number 8 of 1999 concerning Consumer Protection (hereinafter referred to as UUPK). The purpose of this law is to balance the rights and obligations of consumers and actors so as to provide protection to both parties, even though the interests of consumers and business actors are different. This difference in interests can trigger disputes between consumers and business actors. This consumer protection law enforcement can be done in court or out of court. Law enforcement on consumer protection is currently weak and tends to weaken. This can be seen from the number of complaints, complaints and consumer disputes submitted through social media, the voices of readers and those that go to BPSK, BPKN, LPKSM and YLKI, but very few get to the court process.

Implementasi Upaya Pemulihan Aset Korban Kejahatan Tindak Pidana Penipuan dan Pencucian Uang Dalam Kasus First Travel

Assets resulting from criminal acts are the purpose of carrying out criminal acts with economic motives and thus eliminating access and rights of perpetrators to the proceeds of crime and their acquisition can be an effective way of eradicating economic-motivated criminal acts. The anti-money laundering regime in Indonesia has given birth to a new approach that is no longer focused on the perpetrators of crime but on the assets resulting from their crimes, known as the follow the money method. In addition, the law enforcement instruments against illegal assets contained in the Money Laundering Law are actually sufficient to achieve not only assets resulting from criminal acts but also to their acquisition. Ideally, the assets resulting from the crime are returned to the victims of the crime through a court decision with permanent legal force ordering the seizure of assets for the state or returning them to those who are entitled. However, this cannot be seen from First Travel's decision which sentenced the Defendants to imprisonment and confiscated First Travel's assets for the state, which did not immediately solve the problem because this decision did not reach out to the recovery of the impact of the crime experienced by the actual victim.

Implementasi Upaya Pemulihan Aset Korban Kejahatan Tindak Pidana Penipuan dan Pencucian Uang Dalam Kasus First Travel

Assets resulting from criminal acts are the purpose of carrying out criminal acts with economic motives and thus eliminating access and rights of perpetrators to the proceeds of crime and their acquisition can be an effective way of eradicating economic-motivated criminal acts. The anti-money laundering regime in Indonesia has given birth to a new approach that is no longer focused on the perpetrators of crime but on the assets resulting from their crimes, known as the follow the money method. In addition, the law enforcement instruments against illegal assets contained in the Money Laundering Law are actually sufficient to achieve not only assets resulting from criminal acts but also to their acquisition. Ideally, the assets resulting from the crime are returned to the victims of the crime through a court decision with permanent legal force ordering the seizure of assets for the state or returning them to those who are entitled. However, this cannot be seen from First Travel's decision which sentenced the Defendants to imprisonment and confiscated First Travel's assets for the state, which did not immediately solve the problem because this decision did not reach out to the recovery of the impact of the crime experienced by the actual victim.

Role of Indonesian National Police in Preventing The Spread of Covid-19 from The Perspective of Fiqh Siyasah

The article discusses the role of the Indonesian police in preventing the spread of the covid-19 virus from a fiqh siyasah perspective with a statutory approach. Research data were obtained from primary legal materials, namely laws, and regulations related to the Indonesian National Police. Secondary legal materials were collected from books, articles, and news and analyzed descriptively with a deductive mindset. Data on the role of the police during the Covid-19 pandemic based on Law No. 2 of 2002 concerning the National Police of the Republic of Indonesia was analyzed with a review of fiqh siyasah. This research concludes that the Indonesian National Police agency acts as an instrument of law enforcement and supports the success of the Indonesian government in dealing with covid-19. Among the duties of the Indonesian National Police during the Covid-19 pandemic are enforcing the law, educating the public, detecting the spread of the covid-19 virus early, and maintaining security. The police force adheres to the role of al-hisbah in fiqh siyasah, aiming to invite people to act appropriately and prevent people from committing crimes.

INSTRUMEN ADMINISTRASI DALAM PENEGAKAN HUKUM ATAS PELAKSANAAN IZIN LINGKUNGAN

This study aims to examine administrative instruments in environmental law enforcement, environmental implementation and sanctions against environmental law enforcement administration for environmental implementation. The research method used is normative legal research. Administrative instruments for law enforcement of environmental implementation are carried out in the form of supervision, enforcement of administrative sanctions, and lawsuit on State Administration. The use of administrative environment law enforcement instruments is carried out by government agencies as well as by the public or civil legal entities. Administrative sanctions instruments used in the context of environmental law enforcement administration. Administrative orders for environmental law enforcement in environmental permits are written warning, government coercion, environmental permits, and revocation of environmental permits.

Electronic segment in the criminal procedural law of Uzbekistan

The article deals with the study of the electronic segment of criminal procedure in the Uzbekistan. The paper studies electronic criminal procedural law enforcement instruments provided by the Criminal procedural code of Uzbekistan; the fixation and the use of evidence in electronic form; the technical requirements for electronic communications in criminal proceedings; the requirements concerning the realization of electronic fixation during the investigation and trial and the enforcement of preventive measures in the form of house arrest and other electronic applications in criminal proceedings. The author has concluded that the study of electronic form of criminal proceedings of similar legal systems with Ukraine, their strengths and weaknesses, errors and achievements will allow to use such experience in the introduction of electronic technologies in domestic science and practice of criminal procedure, the possibility of quality legislative changes

KAJIAN TERHADAP RENCANA PENGATURAN DISGORGEMENT DALAM PASAR MODAL INDONESIA

Various kind of capital market violations show the characteristics of capital market violations that the loss is rarely realized by the investor. Currently, the regulation provides a way to resolve investor loss of capital market and the practice of resolving violations of the law in the capital market through the investor protection regulation is sometimes not satisfactory for the harmed investors. As a step to strengthen the law enforcement instruments, the Financial Services Authority (Otoritas Jasa Keuangan / OJK) issued a Draft Regulation (RPOJK) on OJK regarding Disgorgement and Disgorgement Fund to facilitate investor’s legal protection against losses internally by itself. The purpose is to analyze the disgorgement mechanism regulation plan through the study of RPOJK so that it can be applied as a new settlement in the capital market and suitable with existing ways. The research method uses a normative juridical approach that is through the existing study of the rule of law that apply primary, secondary and tertiary legal materials, also from existing electronic literature. Based on the result of the study, it is concluded the plan of the disgorgement mechanism regulation as a form of refund through administrative mechanism is different from civil compensation and it can be applied as one of the investor’s legal protections because the form of the order in disgorgement as a refund is considered effective, proportional and can be preventive.

The implementation of administrative sanctions as an instrument of environmental law enforcement in Semarang City- a review

The economic growth of the City of Semarang is influenced by the development of the manufacturing/ construction industry and construction has an effect on increasing pollution and/ or environmental damage. For this reason, one of the Government's efforts to provide protection and living environment management for its citizens is through environmental law enforcement. The main objective of law enforcement in cases of pollution and/ or environmental damage is to restore the environmental ecosystem and to improve the quality of the environment. Administrative legal instruments are considered the most appropriate for this purpose, because the characteristics of administrative sanctions are preventive through supervision and licensing and are repressive through the application of administrative sanctions. This study aims to find out how the enforcement of environmental law through administrative law, how the implementation of administrative sanctions as one of the instruments of law enforcement for environmental administration and inhibiting factors in its application. This research uses the literature method by studying books, laws and regulations and other written materials related to the discussion material.

PENEGAKAN HUKUM TERHADAP PENCEMARAN LINGKUNGAN HIDUP DI INDONESIA

<p>Law enforcement against pollution and environmental destruction include : (a). Law<br />enforcement efforts, both preventively, by providing counseling to industry actors<br />and to surrounding communities to participate in maintaining and preserving the<br />environment. (b). The EIA also becomes one of the main requirements in obtaining an<br />absolute environmental permit prior to obtaining a business license. (c). Any process<br />of formulation and application of pollution prevention and/or environmental<br />damage and mitigation and law enforcement instruments requires the integration of<br />aspects of transport, participators, accountability and fairness. Preventive efforts<br />undertaken by the apparatus include, counseling and monitoring of the community<br />by building stake holders commitment in their perceptions and cooperation to<br />maintain, preserve and manage the environment as well as preventive efforts. While<br />repressive efforts by the apparatus are dealing with the investigation to the forefront<br />of the threat of criminal, civil, and administrative sanctions. But of the three efforts<br />that are most often done is an effort with the instrument in a preventive manner<br />without waiting for the occurrence of environmental disputes.</p>

Protecting the state: Russian repressive tactics in the North Caucasus

Since the end of the second Chechen campaign, the North Caucasus counterinsurgency has experienced the shift from military involvement toward prevalence of law enforcement instruments. This paper discusses the composition of repressive tactics that the Russian state developed as a result of the two decades long evolution of a counter strategy designed to eliminate illegal armed groups operating in the North Caucasus. It is focused on the late stages of conflict (2007-2014) when the violence that had spread across the region started in the early 2000s had symbolically culminated in 2007 with the proclamation of the Caucasian Emirate. This paper advances a reconceptualization of the Russian counterinsurgency by devising an analysis of indiscriminate and discriminate repressive tactics. It demonstrates that security agencies incorporated more selective uses of violence into their tactics, thereby reducing the number of indiscriminate violent actions to an insignificant level. Moreover, along with selective violence, security institutions reinforced their effort by conducting preventive work such as the detection of secret caches of weapons, seizures, and arrests. Findings regarding the current composition of repressive tactics are illustrated by means of new disaggregated media-based data that were especially collected and analyzed to form the basis of this research.

A Gay Man Was Murdered Here: Space, Sex, and Antigay Violence in Boston

Despite its undeniably important role in shaping individual and collective queer identities, anti-gay violence is a relatively under-analyzed or overlooked subject for historians and public historians. Nevertheless, the physical sites of these events remain a valuable, if emotionally complex tool for providing insight into the ways in which use of the built and natural environment has led to conflict and violence between queer and heteronormative communities. Analyzing two of Boston's most popular cruising spots, the Charles River Esplanade and Back Bay Fens, this paper explores the intersection of visible queer land use and a significant increase in anti-gay violence in the city during the 1970s and 80s. Instead of crimes of opportunity or robberies, this work draws direct connections between gay-bashing, the symbolic meanings of queer land use, and the heterocentric political and law enforcement instruments used to address the violence.

Gentili's Ius Post Bellum and Early-Modern Peace Treaties

To Gentili falls the merit of having made the ius ad bellum a logical third part of the laws of war, after the ius ad bellum and the ius in bello. After him, most treatises on the laws of war or later, on the laws of nations, included some reflection on the subject, although few as extensive as Gentili. The integration of the ius post bellum into the laws of war caused Gentili’s concept of peace to be determined by his concept of war. It was this and the modernity of his concept of war that made for the novelty of Gentili’s doctrine of peace. Gentili broke away from the classical just war doctrine with its view of war as a unilateral instrument of justice. Building on notions from medieval and humanist civil jurisprudence, he defined war as a contest for victory between equal parties. Absent the possibility to decide who had justice on his side, war was degraded from an instrument of justice to an instrument of law enforcement through victory, without any guarantee that victory would be delivered to the just side. Victory bestowed upon the victor the right to enforce his claims and dictate the terms of peace. If there was no clear victor, then war had failed its purpose. Peace through agreement was thus a solution by double default, through the failure of man to discern justice, and through the failure of achieving victory.All this brought Gentili to distinguish two bodies of laws, which together made up the ius post bellum: the ius victoriae and the ius ad pacem. This scheme of things allowed Gentili to grant legal force to all the victor or the consent of the treaty partners decided. In this sense, Gentili gave a legal basis to the practices of the European States without – the ius victoriae – and within – the ius ad pacem – Europe. But Gentili was no positivist or consensualist. Rather than describing all the particular practices of States in making peace, he defined the general rules they ought to apply in making peace. Here he brought justice back into the equation, for its own sake as well as for the sake of making peace stable and sustainable. However, the logic of justice was more dominant in his ius victoriae than in his ius ad pacem. This is unsurprising. Under Gentili’s system, peace through agreement was one step further removed from the ideal workings of justice than peace through victory. As such, his conception of peacemaking through treaties came close to reflecting the intra-European practices of his day and age. But to some extent, Gentili also failed to grasp the current of events. Compared to the solution of the neo-scholastics, his system represented the path not taken. By distinguishing between objective and subjective justice, the neo-scholastics offered another way out of the dilemma of justice and sovereignty. Whereas in Gentili’s work, there was only one legal order and one concept of war wherein legality and justice worked together, the neo-scholastic demarche inspired another approach: that of distinguishing two separate spheres of law – that of internal and of external law, that of the natural and the positive law of nations – and two concepts of war, just war and legal war, or solemn war in the words of Grotius. It was Grotius who laid out this scheme but it took Wolff and Vattel fully to consummate it in their dual system of the necessary and the voluntary law of nations, of just war and war in due form, of just peace and peace in due form. The dualistic outlay of the system, Grotius took from the neo-scholastic tradition, but for the concept of solemn war and for his doctrine of peace treaties, Grotius took inspiration of the civilian tradition and from its two foremost, recent representatives, Ayala and Gentili. The success of the dualistic approach to war and peace can, at least in part, is explained from the fact that it answered to the practices of States in Early Modern Europe. When making war – in their declarations and manifestos of war, in their alliance treaties –, States continued to operate the language of the just war, and particular the classical just war doctrine. When making peace, all this was forgotten as States turned to the logic of solemn war, or to the Gentilian logic of war as a contest between equal parties.

Aceh Shariah Court in The Unitary State of the Republic of Indonesia and Human Rights Context

Birth of Special Region Nanggroe Aceh Darussalam based on Law No. 18/2001 on Special Autonomy for Aceh as Nanggroe Aceh Darussalam that changed through Law No. 11 of 2006 on the Governing of Aceh is an attempt to realize a democratic government and prosperous (welfare state). The implication of the birth of NAD is the application of Islamic law as a tool of law and governance NAD, which also puts the Shariah Court as the main pillar of Islamic sharia enforcement in NAD. The existence of the Shariah Court as an instrument of law enforcement in NAD institutionally and functionally problematic. The first, related to the position of the Shariah Court that institutionally a part of the religious court, but has a broader scope of authority. Second, related to aspects of Islamic sharia holding capacity is possible to be imposed on non-Muslims, were both these problems can ultimately hurt the Unitary Republic of Indonesia principles and protection of human rights. How To Cite: Phahlevy, R. (2014). Aceh Shariah Court in The Unitary State of the Republic of Indonesia and Human Rights Context. Rechtsidee, 1(1), 71-84. doi:http://dx.doi.org/10.21070/jihr.v1i1.103

Regulating harmless activity to fight crime

This paper establishes that regulating harmless activity can be an effective instrument of law enforcement when the harmless activity and the harmful activity are interdependent. This type of regulation is not without cost, as it distorts the individual choices made by both law-abiding and non-law-abiding individuals. However, it can be socially advantageous when the impact on welfare resulting from changes in the choices of offenders dominates the impact of changes in non-offenders’ decisions; in addition, increasing deterrence by other means (such as raising the probability of detection or the magnitude of sanctions) can incur much higher costs.

PENGAWASAN SEBAGAI INSTRUMEN PENEGAKAN HUKUM PADA PENGELOLAAN USAHA PERTAMBANGAN MINERAL DAN BATUBARA

This research is intended to explain the monitoring as an instrument of law enforcement, to examine how the intensity of supervision on the business of mineral and coal, which is expected to support the establishment of law enforcement. The method in this study are socio juridical, with qualitative and quantitative methods. Research shows that in terms of planning and coordination of implementation supervision has not been implemented optimally, so that does not yet support the establishment of law enforcement. Based on this, it is necessary to the formation of an integrated environmental licensing system specialized in the management of the mining business.Keywords: monitoring, law enforcement, mining

European anti-terrorism policy : a trans-atlantic perspective

European Anti-Terrorism Policy: A Trans-Atlantic Perspective European counter-terrorism policy since 2001, unlike that of the United States, has centered on the reinforcement of existing domestic law enforcement instruments and on multilateral action internationally creating at least the outlines of a distinctive ‘European model.’ Structural models, either realist or culturalist, provide at best partial explanations for this. A more complete analysis should take into account the role of political leaders and partisan politics, the perceived effectiveness and subjective status of available policy instruments, and the role of multiple and competing programmatic elites within the state.

Jail or Fine - Let Them Choose

We reconsider two standard results of deterrence theory. The first states that there is no need for jail terms until monetary fines are not exhausted. The second says that there is no marginal deterrence without joint production in law enforcement. In a framework with asymmetric information about offenders' wealth, however, neither result holds if one takes into account a commonly used instrument of law enforcement, namely to offer the convicted criminal the choice of either going to jail or paying a fine. The basic idea of our paper is that the fine can be adjusted such that only one of two types prefers it over the jail term. Thus, fine-jail-options serve as a screening device because they allow to deter both types independently although their wealth is private information.

Above the law and Beyond Its Reach: O'Reilly and Theoharis on FBI Intelligence Operations

There is always the possibility that a secret police system may become a menace to free government and free institutions because it carries with it the possibility of abuses of power which are not always quickly apprehended or understood. The enormous expansion of federal legislation... has made a federal bureau of investigation a necessary instrument of law enforcement. But it is important that its activities be strictly limited to those functions for which it was created and that its agents themselves be not above the law or beyond its reach.'