Law Enforcement Perspective Research Articles

Legality of traditional techniques, means and modern technologies of visual surveillance

From the perspective of law enforcement and other professions, covert visual surveillance can be an effective and necessary tool for performing tasks such as investigating crimes, fighting terrorism, and surveillance of suspicious individuals or groups. The relevance of covert visual surveillance depends on the context and situation. The research aims to assess the established techniques and modern methods of covert visual surveillance, as well as the means used to fulfil its tasks from the legal perspective. The study uses comparative legal, historical, and legal, logical, and legal methods, systemic and structural analysis, as well as methods of logic (analysis, synthesis, induction, deduction, analogy, comparison, and generalisation). The identification of specific techniques and means of covert visual surveillance allowed the author to formulate a legal assessment of the use of each of them in different conditions and by different subjects. Based on the results of the research, the author provides a legal description of various types of surveillance, including specific techniques for placing observers in space concerning various objects: movable and immovable; persons, objects, and certain places. The author assesses the legality of the use of technical means used during surveillance, as well as the means of ensuring its secrecy. The conditions for the legitimacy of the use of specific groups of techniques and means for conducting visual surveillance by various subjects are determined. It is argued that the use by private law entities of mobile surveillance techniques for monitoring a person identified by them is unlawful and will indicate the illegal collection of confidential information about them, committed by a group of persons by prior conspiracy. The practical value of the research lies in the possibility of direct use of its results by representatives of law enforcement agencies and other professions to choose acceptable (lawful) methods and means of conducting covert visual surveillance and avoid the use of unacceptable (unlawful) ones

Identifying bot infection using neural networks on DNS traffic

Data security and privacy concerns on the Internet are continuously rising considering security breaches. These security breaches are often due to the presence of host(s) infected with malware called bots. As a result, bot-infection detection in enterprise networks is getting a greater research focus. From the perspective of law enforcement, the focus is to detect and destroy the botnet infrastructure which comprises mostly of Command and Control server along with the technique used for communication. From an enterprise perspective, it is important to detect and quarantine bot-infected machines thereby preventing the chance of any security breach. While many efforts have been made to detect malicious domains, limited research is done to detect infected machines in an enterprise network. This paper presents a deep learning-based technique for detecting bot-infected machines in a network applied to the hourly hosts' Domain Name System (DNS) fingerprint. Multi feature anomaly detection technique was implemented to detect bots in the campus network thereby minimizing the number of false positives. The results indicate a significant improvement over previous work. Finally, a GUI tool named DeepDAD is presented to facilitate investigating and detecting bots in a network traffic using DNS traffic analysis.

Apakah Mengembalikan Hadiah Hasil Kejahatan, Meniadakan Proses Penyidikan? (Analisis Kasus penerima hadiah Doni Salmanan)

Since the discovery of the fraudulent investment case carried out by Doni Salmanan, law enforcement officers then confiscated the financial assets involved in the case. In addition to the ownership of luxury homes, financial assets in banks, to gifts that were given to a number of public figures. There were also several public figures who then voluntarily returned the gifts to police investigators, but the question arose as to whether returning the items could abolish the ongoing legal process. This paper tries to examine these events from the perspective of criminal law theory, law enforcement, and jurisprudence. Then it was found that returning the goods/gifts resulting from a crime does not necessarily negate or abolish the ongoing legal process, but it can be considered by the judge in deciding the case. In addition, for gifts that are still in the possession of the recipient of the gift, it is possible that the gift will be confiscated by investigators for the sake of investigation.

Legal Sanctions for Health Protocol Violations During the Covid-19 Pandemic In Law Enforcement Perspective

The spread of the Corona virus does not only attack human health, the new Corona virus also causes the economic decline of countries in the world. Public understanding and awareness of COVID-19 prevention is still low. In addition, the level of community compliance to carry out social distance is also still low. In this research, the author gives an example of a case of a crowd in Petamburan and in Megamendung where the defendant is Muhammad Habib Rizieq Shihab (MHRS) whose case has been sentenced by the East Jakarta Court. The research method that the author uses is the normative juridical method, namely research using library data, carried out by searching, citing, recording, inventorying, analyzing, and studying data in the form of library materials needed and related to legal sanctions for violators of health protocols in Indonesia. during the Covid 19 pandemic. Based on the results of the study, the authors conclude that the mechanism of action in the context of law enforcement against people who violate the health protocol during the Covid 19 pandemic is prioritized more on administrative sanctions which in this case are regulated as sanctions for violations of the health.

Navigating narrow straits: Leadership development of municipal managers of non-policing law enforcement services

As municipal governments continue to use non-police law enforcement (NPLE) personnel in pursuit of public safety strategies, managers tasked with overseeing such staff are typically those without experience in the intricacies of law enforcement, public disorder, and the justice system. Non-police law enforcement calls for the use of very special skills, knowledge, and abilities not typically experienced in other areas of municipal operations. Managers, regardless of their profession, can effectively manage NPLE when afforded the opportunity to learn the law enforcement perspective, understand the stressors placed on enforcement staff, and be educated in the judicial requirements of municipal and provincial enforcement. Municipalities should refrain from placing staff under a manager strictly for ease and convenience. Further, the services provided should operate with proper oversight. Managers must be appropriately experienced in leading staff and operations involving complex and human-centred portfolios. This study outlines the issues faced by managers tasked with overseeing NPLE and provides a snapshot of the current professional structure of NPLE leadership in the province of Alberta, Canada.

Perspectives of Treatment Consumers, Treatment Providers, and Law Enforcement on Drug Treatment and Prevention

Background: While much of the literature has focused on examining barriers to substance use disorders (SUD) treatment with individuals with SUD, there is a dearth of research from the perspective of treatment providers and law enforcement, 2 groups who witness the challenges for addressing SUD. Methods: Using content analysis, this qualitative study explored the perspectives of individuals with SUD, treatment providers, and law enforcement on recommendations about SUD treatment and prevention. Data from 12 focus groups with individuals with SUD were analyzed and triangulated with interviews from treatment providers and law enforcement. Cross case analysis was utilized to identify common categories. Results: The categories identified included education, judicial system, psychosocial barriers, resources, stigma, stages of change, and treatment. Results indicated all groups had similar ideas on how to address SUD. Participants provided recommendations in each category for addressing SUD. Conclusion: Individuals with SUD, treatment providers, and law enforcement officers are affected by complex issues of SUD on micro, mezzo, and macro levels. Public health professionals can help to facilitate changes by advocating for prevention and intervention methods to be implemented to address SUD.

Principles of Legality in Criminal Law from Perspective Fair Enforcement

This study discusses the principle of legality in criminal law from the perspective of fair law enforcement. The formulation of the problem put forward is how to regulate the principle of legality in current criminal law and how the principle of legality in criminal law is currently from the perspective of law enforcement that is just. The conclusion of this study is that the regulation of the principle of legality in criminal law is currently regulated in Article 1 paragraph (1) of the Criminal Code which is the principle of formal legality, which requires an act committed to be determined as a criminal act if it is first stated in the legislation that valid at the time the act was committed, from the perspective of fair law enforcement, the legality principle in criminal law currently cannot be used as a basis for carrying out fair law enforcement, because in this legality principle it implies that an act is qualified as a mere criminal act. only based on legislation (written legal regulations). In the opinion of the author, that law enforcement that adheres to the principle of legality can only achieve legal certainty, but has not been able to realize justice. Justice should be realized through law enforcement which is not just formal justice according to the formulation of the law, but also substantial justice, namely justice that is truly in accordance with the sense of community justice based on the living law.

ПРОБЛЕМЫ ТРАНСФОРМАЦИИ ИНСТИТУТА ПУБЛИЧНОЙ СЛУЖБЫ В ОТЕЧЕСТВЕННОМ ГОСУДАРСТВЕ

Introduction: the article is devoted to a comprehensive study of the formation and functioning of the public service in the Russian state. Purpose: to identify the problems of the transformation of the state and municipal service institution from historical, legal, and law enforcement perspectives. Methods: historical, formal logical, methods of comparative law, analogy, induction. Results: the formation and development of the public service in the country was negatively influenced by the tendency toward the dominance of the centralized state, present at different stages of Russia’s historical development. Given the absence of its own method and the complex nature of relations regulated by state service law, it cannot be considered an independent branch of Russian law. Being two sides of the same coin, the principles of differentiation and interaction are natural components of the single process of the public administration system development, permanently requiring improvement and refinement. Personnel policy in the field of public service has major shortcomings, including those related to the selection of candidates, the lack of proper monetary incentives for employees, gender imbalance. Conclusions: in the modern legal doctrine, it is necessary to clarify the place of public service through defining it as a subbranch of administrative law. One of the most important tasks facing the Russian legislator is to develop a special system of constructive interaction of public services of various levels in order to ensure the extensive and diversified development of the constituent entities of the Russian Federation by formalizing the principles of the delimitation of powers of public services. The problems of personnel policy with regard to public servants could be solved by improving the procedure for the selection of candidates, reviewing the procedure for remunerative incentives, and normalizing the gender structure of the human resources.

Peralihan Hak Atas Tanah Yang Menjadi Objek Sengketa Dalam Perspektif Penegakan Hukum

Dispute land cases in Indonesia in 2019 reached 30,817 cases, which was dominated by the typology of registration of conveyance of land rights. This shows that the reconstruction of the transfer of rights is not being perfectly understood by society, authority and others. The essence of this particular problem is in physical and juridical data on land rights which frequently shifts due to unqualified of deep land subject obligations in maintaining physical and juridical data its self. The purpose of this research is to figure out the legal consequences of rights conveyance to dispute lands and what are the prospects of law enforcement on future transfer of land rights disputes. The type of this research is juridical normative research which uses the statutory and conceptual approach method by using the theory of authority and law enforcement. The results show that the legal consequences of the transfer of rights over land that becomes the object of dispute, namely freehold and deed of transfer of land rights could be cancelled and declared null and void. This is because it is not fulfilled the subjective and objective requirements of the validity of an agreement and obligations land subject to safeguard physical data and juridical data which are an important part of a proof of ownership of land rights. Law enforcement perspective on the transfer of land rights disputes based on Government Regulation 24 of 1997 relies on the subject of land rights and deeds of stipulation of transfer of rights and other parties which are the basis for this transfer of rights to the land.

Criminal Law Protection Against Illegal Investment Entities in Indonesia

The Investment Alert Task Force re-released the latest list of fraudulent investments in September 2020. At least, there were 99 illegal foreign and domestic investments that were included in the list. A total of 99 illegal investments are suspected of carrying out business activities without permission from the competent authority. These entities are considered to have the potential to harm the public because they commit fraud by offering very high and unreasonable returns. The formulation of the problem raised in this study is about the rise of illegal domestic investment crimes that duplicate business activities on behalf of officially licensed entities in Indonesia. In this research, the paradigm used is post-positivism paradigm. The post-positivism paradigm wants to prove that everything is based on reality that can be built based on experience, observation, researchers are neutral towards the object of research, even though the researcher holding this paradigm remains neutral towards the object of research, he wants to examine what actually happened from the things that happened. as if it was certain. The results of the study describe the modus operandi of domestic investment and foreign investment regulations based on Law Number 25 of 2007 concerning Investment and the reformulation of some clauses through the omnibus law of the Job Creation Act No. 11 of 2020. Rearrangement of investment regulations is expected to provide legal certainty from the perspective of regulation and legal protection from the perspective of law enforcement. In conclusion, the Financial Services Authority Investment Alert Task Force is needed, which is a combination of various law enforcement teams, must closely monitor the business activities of God's foreign capital investment in Indonesia and provide legal protection for investors who legally conduct business activities in Indonesia. Keywords: Crime, Foreign Capital Investment, Omnibus Law, Investment Alert Task Force. DOI: 10.7176/JLPG/115-01 Publication date: November 30 th 2021

Legal Remedies for Judicial Review for Investigators of Pretrial Decisions Regarding the Invalidity of the Order to Terminate the Investigation in the Perspective of Law Enforcement with Certainty

Arrangements regarding legal remedies that can be submitted by investigators against the judge's decision regarding investigative actions in the form of terminating the investigation with the issuance of an Investigation Termination Order (SP3) in pretrial cases. Law No. 8/1981 on the Criminal Procedure Code was not expressly enforced. This article aims to identify legal remedies against pretrial decisions regarding the invalidity of the Termination of Investigation Order (SP3) in the future. This paper is normative legal research, namely the process of finding legal rules, legal principles, and legal doctrines to address legal issues at hand. The result of this study is the arrangements regarding extraordinary legal remedies in the form of a judicial review of criminal decisions that have permanent legal force and are not acquitted or released from all previous legal claims before the entry into force of the Criminal Procedure Code that have been regulated can also be submitted by interested parties. Necessary to reconstruct the regulation of legal remedies against pretrial decisions, especially extraordinary legal remedies in the form of reconsideration, especially by investigators as parties who are very interested in the action.

Analysis of the Issue of Real Rights for Security in the Perspective of Bankruptcy Law

Objectives: China’s opening to the outside world is getting higher and higher, which effectively promotes China’s economic development. Under such economic development background, more and more different kinds of economic situations appear in the market. Methods: The continuous progress and development of society has provided good conditions for the perfection of bankruptcy law and guarantee law. In the process of dealing with collateral in bankruptcy law, the complexity of its environment leads to the interaction between bankruptcy law and guarantee law. Results: From the perspective of law enforcement, there are still some incompatibilities between China’s guarantee law and bankruptcy law to be solved. This paper discusses the real right for security from the perspective of bankruptcy law, and analyzes the issues related to the development of bankruptcy law and security law that affect the real right for security, aiming at providing assistance for the healthy and orderly development of the industry. Conclusion: In the research, we need to pay close attention to the various processes of bankruptcy procedure and the implementation methods of real right for security, so as to ensure the responsibility system of real right protection.

Implementation Of Disclosure Of Bank Confidentiality In The Effort To Eradicate Money Laundering Crime

The purpose of this research is to identify and analyze the implementation of bank secrecy disclosure in an effort to eradicate money laundering in the construction of legal certainty and to know and analyze the obstacles faced in the implementation of bank secrecy disclosure in an effort to eradicate money laundering. ) in the perspective of law enforcement. This study uses a sociological juridical approach, which in this case relates to the role of the State Attorney in recovering state financial losses with descriptive analytical research specifications. The data used are primary and secondary data which will be analyzed qualitatively. The research problem was analyzed using the theory of justice and the theory of expediency. The results of the study conclude that the eradication of money laundering in Indonesia will not be effective against law enforcers, both the police, prosecutors, and judges who investigate, prosecute, and examine cases of money laundering crimes, but the bank secrecy provisions as referred to in the Banking Law. Meanwhile, the obstacles faced by law enforcement officers in conducting investigations and investigations of money laundering practices are: 1) Weak provisions for bank secrecy, 2) Bank Indonesia secrecy with exceptions that are limitative and bureaucratic are considered as obstacles, 3) Law Enforcement Officials cannot know fully accurate financial information stored in the bank belonging to the suspect or defendant,

Analisis Penangkapan Terduga Teroris oleh Detasemen Khusus 88 Anti-Teror dari Perspektif Penegakan Hukum-Joseph Goldstein

Densus 88 AT is a special police unit that has the duty and authority to enforce the law on criminal acts of terrorism. As law enforcers, Densus 88 AT has the authority to carry out the arrest of suspected terrorists based on Law No. 5/2018. Based on the theory of law enforcement by Joseph Goldstein, law enforcement is divided into three areas, namely: total enforcement, full enforcement, and actual enforcement. This paper is a law-normative research which aims to identify and understand the arrest of suspected terrorists by Densus 88 AT from the perspective of law enforcement by Joseph Goldstein. The conclusions are as follows: the status of a suspect is unknown in the Indonesian Criminal Code; Densus 88 AT has the authority to arrest suspected terrorists based on RI Law Number 5 of 2018; and in the three areas of law enforcement, Densus 88 AT has discretionary power in three areas of discretion, namely: choosing objectives, intervention methods, and field procedures.

Study of the Impact of the created in the conditions of network economy digital platforms (marketplaces) upon the consumer markets and competition law

This article examines the impact of digital platforms (marketplaces) created in the conditions of network economy in its new “center–periphery” configuration upon the consumer markets and provisions of competition law applicable to digital markets, using the experience of foreign countries (Germany, Asia, Latin America, etc.) and integration associations (the European Union), including from the perspective of new law enforcement (judicial) practice, based on the fact that its knowledge allows successful resolution of the essential problems of legal regulation in the Russian Federation. Attention is given to such aspects of the activity of digital platforms  (Amazon, Apple, Facebook, Google etc.), as the dependence of their market influence on the network effects associated with utilization of the user data, supported by market practices, such as vertical integration and amalgamation of companies that are capable of reducing market competition. Assessment is given to the degree of readiness of the countries and their associations to operate in the conditions of digital platforms. The relevance, theoretical and practical importance of this research are substantiated by the emergence of new competitive practices (digital platforms) that can influence the competition. The author concludes that due to the “network effect”, digital platforms have an inexhaustible range of capabilities for acquisition of the dominant position on the market and its abuse. These include the formation of consumer groups of targeted advertising and sales of their services; as well as setting personalized prices based on determination of the readiness and limit of individual payment; and usage of data on the products of vendors on their platform to score an advantage in selling their products, etc.

Awareness of Forensic Cases Among Nurses: A Descriptive, Cross-Sectional Study.

This study reports the knowledge, experience, and attitudes of nurses toward forensic cases in Turkey; critically evaluates the appropriateness of current practices in the collection and preservation of evidence; and assesses nurses' level of awareness on the law enforcement perspective of forensic cases. The study, thereby, seeks to offer solutions to some practical difficulties faced by nurses in clinical practice in Turkey. The study involved 178 nurses of 202 employed in three healthcare centers operated by the same private healthcare group located in Istanbul, Turkey. The primary method of data collection was a questionnaire composed of three sections. The first section recorded data concerning the participants' age, gender, number of years spent in the profession, number of years spent in current workplace, department in which they worked, and their job title. The second section sought to assess the participants' academic background and, specifically, the extent of their educational training on forensic cases at the undergraduate and graduate levels. Finally, the third section aimed to assess the participants' knowledge of and approach toward the management of forensic cases in real-life time setting by collecting data on their previous experience with forensic cases. Of 178 nurses, 139 (78.1%) were female and 39 (21.9%) were male. The mean age was 28.6 years, ranging from 18 to 51 years. The participants expressed that they experienced difficulties in medicolegal procedures (21.9%), evidence collection (14.0%), history taking and preparation of the patient (10.1%), forensic case reporting (10.1%), registry (9.0%), and physical examination (7.9%). The level of knowledge of the collection of forensic evidence and the protection of wet evidence was statistically higher among the participants who previously received training on the collection, preservation, and transfer of forensic evidence versus those who were not previously trained (p < 0.001 for both). Our study results highlight the need for medicolegal regulations and legislation allowing for the creation of specific positions for forensic nurses in Turkey. We also concluded that these nurses should be trained and equipped with necessary knowledge and skills in forensic nursing.

Considerations Regarding the Analysis and Interpretation of Traumatic Lesional Mechanisms in Road Accidents

According to statistics, road transportation is the most dangerous means of transportation and also the costliest in terms of human lives and material damage. The increase of road safety is a priority goal of the European Commission and an area of high interest for Romania, which is unfortunately placed very high in the hierarchy of countries with a high number of deaths resulting from road accidents. This study presents the mechanisms of the generation of traumatic injuries and also analyses the manner of interpreting these mechanisms in the case of road accidents, both from the perspective of law enforcement and from the perspective of specialists in road transportation, who analyse and investigate road accidents from a technical point of view. Determining the lesional mechanisms helps to better understand the real image of the conditions of an accident’s occurrence, in order to clearly illustrate the elements mentioned in the forensic accident site report and to complement all other means to gather information at that site.

The Urgency of the Harmonization of Interception Regulation in the Context of Law Enforcement

Systems regarding the legal remedy of communication interception can be found in several regulations. However, those systems are not supported by horizontal harmonization since each regulation governs the mechanism differently, so there is a disparity among interception regulation. This paper analyzes the harmonization of wiretapping regulations in Indonesia from a law enforcement perspective with an inventory of regulations governing the current mechanism of interception. The results concluded that first, the disparity in intercepting authority of communication interception practice regulated by several institutions in the same form of crime eradication authority must be reformulated to restore overlapping regulations. Secondly, the interception regulation as a coercive force that derogates the right to privacy must contain detailed provisions in terms of a permit request and the wiretapping authority. The permit application must contain the purpose of the request for wiretapping permission descriptively. Moreover, these provisions must explicitly regulate legal subjects that are authorized to conduct wiretapping practice in the form of clear mechanisms and coordination with the direct superiors and court supervision regulating the interception procedure as well as the cooperation between law enforcement officials and telecommunications service providers. Third, prospectively interception regulations can be assessed from the political will of the legislators. The decision of the Constitutional Court No. 5/PUU-VIII/2010 mandates the need for horizontal harmonization of interception regulations in the form of the Interception Bill, which is also included in the 2019 National Legislation Program.

TRANSFORMATION OF TRADITIONAL MECHANISMS FOR PROTECTING THE COMPETITIVE ENVIRONMENT UNDER THE INFLUENCE OF NETWORK ECONOMY: THE PLACE OF BLOCKCHAIN IN THE REGULATORY SYSTEM AND NEW COMPETITIVE TOOLS (AGGREGATORS AND PRICE ALGORITHMS)

This article is aimed at understanding the current state and necessity of transformation of traditional mechanisms for protecting the competitive environment under the influence of networking and the place of blockchain in the regulatory system in the context of applying new competitive tools (aggregators price algorithms) based on the experience of foreign countries, including the perspective and approaches of newest law enforcement (judicial) practice, taking into account the fact that its knowledge allowed and allows to successfully solve current problems of legal regulation in our country. The starting point of the research is network communication as a non-market type of communication. Based on analytical reflections on the information gathered from sources and literature from the list of references the author analyzes legal framework of competition protection developed in the new technological reality, takes into account the approaches of foreign countries and the Russian Federation that determine the acceptability of the application of blockchain in the field of legal protection of competition. The relevance, theoretical and practical significance of this research is due to the emergence of new tools (aggregators and price algorithms) of competitive market struggle in the light of application of a blockchain technology that might influence the competition. The author's results are presented, among others, in the idea of the possibility of “transfer” of anti-competitive actions (price manipulation and collusion, unequal sale / distribution of information / advertising, etc. conditions) to the niche occupied by price algorithms and aggregators of information, and the need to establish a new legal framework of these new market factors.

‘We realised we needed a new approach’: Government and law enforcement perspectives on the implementation and future of the drug decriminalisation policy in vietnam

In 2009, Vietnam officially decriminalised drug use through amendments to the criminal law. The amendments outlined explicitly that illicit drug use would be seen as an administrative violation, but not a criminal offence. This legal transition has not been without implementation challenges, and police particularly have struggled to find a balance between drug law enforcement and decriminalisation. Despite being a health-orientated drug policy amendment, in practice it allows police to send suspected drug users to compulsory treatment centres without judicial oversight and people who use drugs continue to face challenges in their interface with law enforcement which can negatively impact access to harm reduction and community-based treatment programs. Using policy desk research combined with indepth interviews with 14 key informants from people representing a range of relevant Vietnamese government (n = 10) and non-government agencies (n = 4), this paper explores some insights and considerations into how decriminalisation of drug use in the amended law was implemented. We explore key informant perspectives into how the decriminalisation amendment could be implemented more effectively in order to improve health outcomes for people who use drugs in Vietnam through re-envisioned police protocols and practices. Findings show that while decriminalising drug use in Vietnam was designed as a progressive and health-orientated drug policy, the ongoing disconnect between the health intent of the policy and the police-led oversight of its implementation in the community persists. Part of this disconnect is explained by the lack of training and clear protocols that would enhance the police in their ability to contribute to the health intent of the policy rather than continue to view drug use through a drug law enforcement only lens. The paper calls for further collaboration across policing and the health and community-based organisations delivering services for people who use drugs. We suggest that through developing a deeper understanding of the interplay between policing and the implementation of harm reduction policy and programs, decriminalisation can co-exist within a broader and deeply entrenched drug control strategy in Vietnam.