Law Enforcement Procedures Research Articles

Execution of environmental civil court decisions in Indonesia

The ultimate act of the environmental law enforcement procedure in the Court is the execution of court rulings addressing environmental civil disputes. The Plaintiff sincerely hopes that the court's ruling will be effectively implemented, restoring environmental rights that have been harmed or polluted, as well as the rights of communities impacted by environmental damage and pollution. However, due to a variety of variables, recompense in the form of compensation and environmental restoration efforts may not be possible in some cases. The major invoice is about regulations guiding the execution procedure, which still refer to normal civil procedural statutes that have nothing to do with environmental civil problems. Due to the difficulty in obtaining information on the defendant's holdings, no assets or assets were confiscated as collateral during the execution of the verdict. Another stumbling block is the lack of clear legislation controlling the coordination of organizations involved in enforcing court rulings in environmental civil cases. Environmental law has unique features that make it important to make sure that the process for implementing court orders for compensation or environmental restoration is set up in a way that fits those features. This means that a special institution should be in charge of implementing environmental civil decisions.

Discontinuation of Corruption Investigation and Prosecution: A Comparison of Indonesia, The Netherlands, and Hong Kong

The discontinuation of the investigation and prosecution of corruption crimes is one of the important substances of the amendment to Law No. 19 of 2019 concerning the Corruption Eradication Commission which then led to debates both among academicians and legal practitioners. The discourse focused on the essence and concerns of transactional practices in the process of law enforcement for corruption crimes in the future. By using the legal comparative method, this paper tries to compare the provisions regarding the discontinuation of the investigation and prosecution of corruption crimes in Indonesia, Hong Kong, and the Netherlands. The results of the study show that the provisions regarding the discontinuation of the investigation and prosecution of corruption crimes in the three countries have differences in their arrangements. Normatively, Indonesia and the Netherlands regulate this matter in several articles, while for Hong Kong, although they do not regulate it in an expressis verbis manner in the law, the provisions concerning the discontinuation of investigations and prosecutions of corruption crimes are known in their law enforcement practices as seen in the case handling scheme published by the Independent Commission Against Corruption (ICAC). However, the use of the mechanism for terminating the investigation and prosecution of corruption crimes can be seen as a balancing mechanism against the legal process. Regulations regarding the discontinuation of investigations in corruption crimes must be maintained as a control mechanism against the possibility of errors in law enforcement procedures or for other technical reasons.

The Essence of the Concept of “Financial Monitoring” in the Context of Ensuring National Security

The article presents the results of an expert survey of Ukrainian enterprises to identify losses from economic crimes, fraud, and corruption. The scientific approaches to the definition of the concept of “financial monitoring” are analyzed and generalized, which are conditionally systematized into the following groups: system, set of measures, institute, tools, mechanism, security component, a form of financial control. It is established that financial monitoring is mostly understood as a system of legally established information, control, and law enforcement procedures; system of measures of financial, administrative, criminal, and operational-search nature; continuous monitoring system; a set of measures of the subjects of financial monitoring; institute of financial law; instrument of state regulation; economic and legal mechanism in the field of prevention and counteraction to legalization (laundering) of proceeds from crime; component of the system of economic security of the national economy; the specific form of state financial control; component of financial security of the state. On this basis, the author’s approach to the interpretation of this economic category as a tool for national security is based on the implementation of a set of institutional, regulatory, organizational and economic, innovative, investment information measures. The study found that despite some positive legislative initiatives to establish and operate a financial monitoring system in Ukraine, there are still some problems of insufficiently effective regulatory support in this area. Most laws and regulations do not correspond to each other. Some of them are only about guaranteeing national security but do not prescribe general principles of financial monitoring as a tool to ensure national security. Appropriate institutional conditions for the development of a system for preventing and combating the legalization (laundering) of proceeds from crime have not been determined. Appropriate mechanisms for institutional, organizational, economic, financial, and information support for the functioning of the financial monitoring system from the standpoint of national security have not been developed. To solve these problems, the directions of improvement of normativelegal regulation of the development of the financial monitoring system in Ukraine are determined.

Retraction Note: Analysis on the legal regulation of mountainous plant protection and agricultural waste resources based on the concept of circular economy

The sustainable development of modern agriculture must not only support the sustainable development of the industry itself, but also must realize the recycling of industrial accessories (such as agricultural waste) and the exploitation of potential. As an important part of the development of the concept of circular economy, an important part of circular agricultural technology is the conversion and utilization of waste sources. This is a new type of agricultural technology aimed at pursuing higher efficiency, reducing pollution, and increasing more employment goals. It can be seen that the initiation and implementation of agricultural waste recycling technology is the meaning of sustainable agricultural development. However, with the development of current technology, problems such as the lack of the concept of circular economy and the understanding of the main body of agricultural waste recycling, the incomplete service system, and the lagging of supporting policies and measures have emerged. Consistent with this, this paper uses GrcGIS and other methods to draw a gradient map to ensure that the protection of mountain plants in the mountainous area of City A is implemented at the district/county and city level. This confirms that the diversity of mountain plant protection is consistent at the district/county and city levels, that is, areas with the most species diversity contain more endangered species. Finally, the article expounds the status quo of China’s legal regulation of recycling and the consequences of model analysis, and puts forward the countermeasures and suggestions on China’s legal regulation of recycling, such as legislation, management system, statistical information collection and release system resources, law enforcement procedures, and initial allocation of rights.

NEW TRENDS IN CYBERCRIME IN THE MALDIVES - MOVING BEYOND LEGAL MEASURES IN THE NEW NORM

INTRODUCTION The health emergency crisis due the COVID-19 pandemic has created challenges globally. The same applies to the Maldives, as lockdown and social distancing measures was enforced, the use of virtual communication by public authorities, businesses and individuals likewise increased. The new normal of working from home, video conferencing and meetings, online learning and shopping have created a large group of vulnerable users, providing more opportunities for cybercriminals to exploit. In a time where resources are diverted to fight against the COVID-19 pandemic, the law enforcement, investigative and judicial procedures may be delayed or disrupted due to compulsory prevention measures. The changing face of cybercrime needs to be addressed through non-legal measures to reduce the detrimental effect. OBJECTIVES New cybercrimes have emerged during the pandemic, which has affected the vulnerable users in a difficult and unprecedented time. The objective of the study is to identify the nature of cybercrime, including the emerging crimes and to examine how these issues could be addressed through legal and non-legal measures. METHODOLOGY The methodology adopted is through the study of secondary data collected through research of recent articles, legal statutes and newspaper articles from March 2020 until present. The data collected was applied through study, observation and analysis. SIGNIFICANCE This study will identify the emerging crimes during the pandemic, and bring together different approaches, including non-law measures to highlight the best method to address this issue. FINDINGS/RESULTS Forms of cybercrimes identified as prevalent in the country, namely (1) misinformation; (2) phishing and (3) privacy issues. Misinformation and disinformation regarding the virus, cures and conspiracies plays a key role in undermining the public trust and the effectiveness of the public safety measures. The ability to take action through legal measures were limited due inabilty to investigate, non-existence of applicable provisions, underreporting and late reporting amongst others. Non-legal measures such as awareness campaigns and cyber-education were utilised to empower vulnerable groups, especially children and seniors against emerging new forms of cybercrimes. CONCLUSIONS With the changing face of cybercrime and the prolonged uncertain future due to COVID-19, there should less reliance on the law and more proactive measures enacted at all levels to reduce the harmful effects.

Reformulation of Dispute Resolution Mechanisms for Public Information Requests to Achieve Constructive Law Enforcement and Legal Certainty

The nature of law enforcement in resolving multi-dimensional information disputes has a logical consequence on the need for constructive law enforcement. This research aims to examine the forms of law enforcement that exist in resolving disputes over requests for public information and to formulate a constructive mechanism to realize a series of law enforcement procedures with legal certainty. This research is normative legal research using a statutory and conceptual approach. The results showed that law enforcement in the settlement of public information disputes consists of the objection, non-litigation adjudication, and litigation covering civil, state administration, and criminal law. In this case, The Criminal law instruments are placed as the final law enforcement if the relevant public agency does not carry out a decision that has permanent legal force. In addition, in the context of realizing comprehensive and constructive law enforcement, a Memorandum of Understanding was held between the Information Commission and the Police to synergize and effectively implement the criminal law as a final resort.

Crime and Punishment in coplas of cante flamenco

The XXI century, marked by numerous achievements in various fields, became the time of systematic arrangement of not only cante flamenco, but the law enforcement agencies and procedures in Spain as well. These phenomena, which at first glance have no common ground, appear to be inextricably entwined, since in the folklore of Southern Spain are often mentioned the committed crimes and the imposed punishments. The object of this research is the coplas of cante flamencto that contain information about crimes against ethnic groups, prison conditions, family visits procedure, death penalty, correctional labor, physical punishment and other aspects of being in the penitentiary institutions of that time and interaction with the judicial and legal system. The subject of this research is the law enforcement and penitentiary practices in Spain of the XIX centuries. The texts of cante flamenco have not been translated into the Russian language; only some of them drew the attention of domestic researchers, which defines the relevance of conducting interdisciplinary research dedicated to the historical records on the judiciary, prisons and law enforcement practice in Spain of the XIX century, which were contained in coplas of cante flamenco. The goal of this article lies in determination of peculiarities of delivering information related to crimes and punishments in coplas of cante flamencto, and its correspondence to the historical realities of that time. The research is based on the cante flamento colletcions of A. Machado-Alvarez and M. Balmaceda published in 1881. It is established that the lyrics of flamenco songs accurately reflect the difficulties and flaws in various aspects of functionality of the judicial and legal system and penitentiary institutions during their integration into the state system.

The Provincial Contexts of Paul’s Imprisonments: Law Enforcement and Criminal Procedure in the Roman East

This article explores the legal contexts which led to the multiple imprisonments experienced by the Paul of the letters (as attested in particular by Phil. 1.13) and depicted also in Acts, contrasting these with the numerous occasions where the apostle faced opposition or even violence from local populations and authorities without being jailed. By looking at the realities of law enforcement operations and criminal procedures in the Eastern provinces of the Roman Empire, this article helps reassess two major issues with regard to the rise of Christ-groups from the middle of the first to the beginning of the second century, namely: For what reasons were Christians arrested and imprisoned by Roman authorities? What was the agenda of the author of Acts in paying so much attention to the legal context of Paul’s arrest and later transfer to the emperor’s court?

The problem of Bringing an Official to Recourse Liability in public-law torts

The article examines the scientific doctrine, domestic legal regulation and the emerging judicial practice of legal relations on bringing an official to personal financial responsibility in public-law torts. The current law enforcement procedure for bringing an official to recourse liability is explained, as well as the primary shortcomings of the legal regulation of the legal relations under consideration are justified. In particular, the authors suggest: amend the wording in Part 3, 3.1, art. 1081 of the Civil Code of the Russian Federation, replacing the phrase “have the right of recourse” with “must apply for recourse”. And also with the need to distinguish the subject composition of Part 1, Article 1081 of the Civil Code of the Russian Federation, separately highlighting the duty of recourse to employees in the performance of their official and official duties.

El derecho penal argentino y los desafíos de la participación ciudadana como derecho humano

El derecho de participación ciudadana es un derecho humano con contenido robusto (no limitado a la participación electoral), sin embargo, las normas penales en Argentina se debaten, crean, modifican y aplican sin intervención robusta de la ciudadanía. Esto pese a que existen vías institucionales y canales informales que buscan dar cumplimiento a este derecho. En este trabajo nos proponemos indagar los alcances de la participación ciudadana en los procesos de sanción de leyes, en la participación en casos judiciales y el juicio por jurados. Para esto, en primer lugar (I), analizaremos y contextualizaremos los alcances del derecho de participación en el ámbito del Derecho Internacional de los Derechos Humanos. Luego (II), evaluaremos si los canales de participación institucionales en el ámbito penal (y en general) son o no suficientes a la luz de las exigencias en materia de derechos humanos. Esto nos llevará a analizar (III) ciertos canales de participación no institucionalizados. Por último (IV), plantearemos los desafíos que enfrenta el derecho penal argentino para dar cumplimiento a los alcances de la participación ciudadana desde un enfoque de derechos humanos.

FORMATION OF CRIMINALISTICS AND FORENSIC DIDACTICS IN UKRAINE

The article is devoted to formation, development and current status of criminalistics as a science and academic discipline in Ukraine. Attention is drawn to some trends in criminalistics in modern conditions. The variability of forensic knowledge is associated with the scientific and technological progress of modern society.
 Special attention is drawn to the role of criminalistics in scientific support of not only proof procedure, but also of various law enforcement procedures. The use of forensic knowledge is relevant in the practical activities of various lawyers: prosecutor, investigator, detective, judge, lawyer, notary, legal adviser, etc. The relationship between activities optimization of the court and law enforcement agencies with introduction of criminalistics innovations is established.
 The approaches to teaching criminalistics for law students in Ukrainian universities are considered. The necessity of teaching criminalistics to law students of various specializations is substantiated. The volume of workload, period of study, forms of education, information transfer methods, methods of mastering practical skills are defined as parameters for teaching criminalistics and criminalistics disciplines.
 The role of modernized methods in teaching criminalistics is justified. The following modernized methods are defined: business games, solving non-standard cognitive tasks, quick tests, the use of multimedia tools and electronic data base, technical tools, etc. The possibilities of using the criminalistics training ground and criminalistics museum in the course of practical seminars and laboratory works are demonstrated.

The Independence of the Business Competition Court from the Perspective of Law Enforcement System in Indonesia

Fair competition law enforcement on business competition issues in Indonesia is very important to ensure the situation of conducive business competition and the enforcement in Law Number 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition, therefore the Commission for the Supervision of Business Competition of the Republic of Indonesia (KPPU) is actively involved in issuing related regulations with law enforcement procedures on business competition cases in Indonesia, which is through KPPU Regulation Number 1 of 2010 on Procedures for Case Handling. The judicial system of the business competition court in Indonesia can not be separated from the role of the KPPU as an institution that has the function of regulating and supervising competition behaviour, whether using prohibited activity patterns or agreements. In the context of law enforcement on business competition cases, KPPU has the authority from performing investigations to examining and deciding the competition cases in judicial institutions held by KPPU. Observing the main function of KPPU as a supervisory institution and situation regulator of the business competition in Indonesia, the authority of KPPU that perform investigations to judge business competition cases certainly is not an issue that needs to be debated. However, from the perspective of the justice system in Indonesia, KPPU’s authority in conducting investigations, examining, and deciding cases is a matter that needs to be studied more deeply, specifically regarding the guarantee of justice sense for business actors who are positioned as Reported Party. Keywords: Independence, Business Competition Court, Law Enforcement DOI: 10.7176/JLPG/102-07 Publication date: October 31 st 2020

Police Function of Bailiffs in Forts and Free Settlements of Western Siberia in the First Half of the XVIII Century (Based on Documents Issued in Kuznetsk Province)

The research featured a historical and legal analysis of functions attributed to bailiffs of forts and settlements inhabited by free peasants in the XVIII-century Western Siberia. The objective was to develop a deeper understanding of the essence of law enforcement process at a local level in the early Imperial Russia. The author relied on management documents and case records from the Russian State Archive of Ancient Acts. Bailiffs appeared to have no clearly stated police functions in the related regulatory acts. The author describes their responsibilities in law enforcement, rights protection, crime documentation, surveillance, detention, interrogation, search, and escorting. The article also focuses on the three types of popular crimes in the local administrative practices. The content and peculiarities of most law enforcement procedures depended on the general tendencies in the regional and state-level administrations. By the middle of the XVIII century, bailiffs had lost most of their police powers, which were resumed by the military officers of the local regular forces.

Features of law enforcement in the conditions of digitalization of social relations

The aim of the research is to analyze the impact of modern digital technologies on the application of legal norms. In the article the question of the influence of modern digital technologies on law enforcement is considered from the standpoint of modern post-non-classical methodology, first of all, constructivism and anthropocentrism as directions of sociological jurisprudence. Law enforcement activity is investigated as part of the mechanism for the reproduction of law as an important element of the construction of social reality. It is shown that the subject of law enforcement activity, actions that are determined by many factors including legal consciousness, plays a determining role in law enforcement. Digitalization affects the individual and collective legal consciousness of the subjects of law enforcement, thereby affecting the nature and results of law enforcement activities. Digital reality also affects the existing system of values in society, which also inevitably affects law enforcement. The article also examines the impact of digital technologies on existing law enforcement procedures and on legal techniques. A significant change in these parameters is predicted due to the prospective emergence of digital law as a new, more flexible form of law. The digital law will become an interactive legal act, which has the ability to adjust to the requests of the subjects in specific legal relations. It will radically change the idea of legal technology, as it will be created with the help of digital crowdsourcing. At the same time, the application of the norms of digital law carries certain risks, which are also investigated in the article. Another important area of influence of digital technologies on law enforcement is associated with the automation and algorithmization of the legal sphere, as the introduction of digital technologies in the law enforcement process involves the use of robots and artificial intelligence. In this regard, the problems and risks of algorithmization of law and providing robots elements of legal personality are analyzed. The article concludes that modern digital technologies in general can change the importance of law in the system of regulators of public relations, and reduce the role of legal regulation and, as a consequence, the importance of law enforcement.

Law Enforcement under Incomplete Law: Theory and Evidence from Financial Market Regulation

This paper studies the design of law-making and law enforcement institutions based on the premise that law is inherently incomplete. Under incomplete law, law enforcement by courts may suffer from deterrence failure, defined as the socialwelfare loss that results from the regime's inability to deter harmful actions. As a potential remedy a regulatory regime is introduced. The major functional difference between courts and regulators is that courts enforce law reactively, that is only once others have initiated law enforcement procedures, while regulators enforce law proactively, i.e. on their own initiative. Proactive law enforcement may be superior in preventing harm. However, it incurs high costs and may err in stopping potentially beneficial activities. We study optimal regime selection between a court and a regulatory regime and present evidence from the history of financial market regulation.

Digital Transformation of Enforcement Proceedings: Russian Experience

In this study, the author considers the main problems of digital modernization concerning enforcement proceedings in the Russian Federation. Generation and further enhancement of the digital space have determined the vector of legal regulation in the implementation of any social processes several years ago. Various aspects of the economic, legal and other spheres of public life were reformed. Changes in various areas of enforcement proceedings occurred in stages, sequentially and in plain consideration with the specific features of legal relationships. However the digital transformation of enforcement proceedings has not yet come to its final stages. Many researchers note the “unavailability” of both legislation and law enforcement procedure for the changes that are taking place as well as to the final establishment of such changes as the basic and fundamental rules of law enforcement. In addition, the existing fragmentary regulation in the process of law enforcement gave rise to many problems. In this article the author attempts to identify the positive and negative experience of digital modernization of Russian law enforcement practice and define suggestions that could improve the process.

PENAL MEDIATION OF TREATMENTS FOR CHILDREN IN THE JUVENILE JUSTICE SYSTEM

The protection of children becomes the responsibility of all parties, namely family, community and government. Indonesia through the Act No. 11 Year 2012 on Juvenile Justice System provides protection namely diversion which should be emphasized as a penal mediation which can be used to solve a juvenile cases. There are two main problems; firstly, how is the penal mediation process in the juvenile justice system; secondly, how is the implementation of the penal mediation which is based on Pancasila? The research method used in this paper was normative juridical research method. The approach used in this study is socio legal approach and the data analysis method used a qualitative analysis. The results that in penal mediation in the juvenile cases namely diversion aims to achieve restorative justice. The diversion process is very important and must involve the parties in order the mediation be effective. This process is what distinguishes from the treatments of juvenile’s cases before Act No. 11 Year 2012. In the previous times, penal mediation was not acknowledged so law enforcement procedure is always ends at Juvenile court. Penal mediation in juvenile justice system must be based on Pancasila as the philosophical foundation of Indonesia, which means diversion process must be in accordance with the values of Pancasila, which are are religious moral values; humanistic values; nationalistic values, democratic, and social justice.

Права пацієнтів за умов запровадження електронної системи охорони здоров’я: деякі проблеми дотримання

Права пацієнтів за умов запровадження електронної системи охорони здоров’я: деякі проблеми дотримання

“At Least They’re Workin’ on My Case?” Victim Notification in Sexual Assault “Cold” Cases

Sexual assault is a significantly under-reported, -investigated, and -prosecuted crime in the United States, which criminal justice and advocacy actors across the country are working to address. Law enforcement procedures often involve providing crime victims, including sexual assault victims, with written notification by mail about the status of their case, but little is known about the best practices for victim notification in sexual assault "cold" cases. This qualitative research explored whether this standard law enforcement practice was appropriate for sexual assault victims in "cold cases" particularly when there had been no contact from law enforcement, despite forensic evidence having been tested. The research questions were what do sexual assault victims in cold cases have to say about victim notification protocols and practices? and What do sexual assault victims in cold cases have to say about hypothetical written victim notification protocols? Twenty-three sexual assault victims were asked in focus groups and individual interviews to respond to hypothetical written notification letters for content and the sending authority and to give input on alternative modes of communication. The data were analyzed using grounded theory. Themes related to trust, personal agency, and decision making from notification examples emerged. Recommendations on notification included respecting privacy, including specifics, identifying next steps, normalizing, translating, and providing resources. Implications for developing notification protocols include use of emerging evidence about neurobiology of trauma, use of victim input, and patience for the varying reactions and needs of sexual assault victims.

Unmanned Aircraft as a Subject of Safety and Security

<p class="keywords">Currently increasing UAV operation significantly changes the view of conventional aviation. Unmanned aerial vehicles have become part of air traffic and therefore, its operation should be adequately controlled through related legislative framework and law enforcement procedures. Considering the fact, that single unmanned aircrafts will be soon replaced by swarms, it is necessary to get prepared for all possible UAs applications and define all rules including also emergency and law enforcement procedures in case that public safety is endangered.</p><p class="keywords">This paper summarizes recent regulatory framework for UAVs in EU and US and points out a concealed weakness of legislative requirements. The legislative scope addressed in this paper is limited primarily to civil aviation. The second part stresses the security threat created by an uncontrolled or violently-controlled UA. Aerial vehicles detection and disposal methods are described in the last part of paper.</p>