Law Enforcement Process Research Articles

Signalling in European Rule of Law Cases: Hungary and Poland as Case Studies

Abstract The paper explores Hungary and Poland’s compliance signals conveyed during the European rule of law enforcement process and the responses to these signals by the Court of Justice of the EU and the European Court of Human Rights as judicial organs and the European Commission and the Committee of Ministers as organs supervising compliance. After both states turned illiberal European institutions began condemning the condition of rule of law in both states. Yet, their endeavour—as evident from measures imposed upon Poland, but not Hungary—appears inconsistent. The paper ascribes this to states' differing expressions of commitment to comply with rule-of-law-related rulings as signalled during supervision. It argues that Hungary’s signalled conciliatory attitude compared to Poland’s overt defiance invites more deference from the European institutions and concludes that conveying conciliatory signals in the process of compliance may be used to influence the course and, ultimately, the success of rule of law enforcement.

KEWENANGAN PENYIDIK PERWIRA TNI ANGKATAN LAUT DALAM PENEGAKAN HUKUM TINDAK PIDANA PENCUCIAN UANG YANG BERASAL DARI TINDAK PIDANA PERIKANAN (PASCA PUTUSAN MAHKAMAH KONSTITUSI No. 15/PUU-XIX/2021).

Money laundering is a crime involving the laundering of money, aimed at combating economic crimes and recovering the proceeds of the crime. This study focuses on the authority of Navy investigators in handling allegations of money laundering related to fisheries crimes. It explores their jurisdiction in investigating both the predicate crime and the money laundering itself, as well as their law enforcement process. The research adopts a normative juridical approach, utilizing primary, secondary, and tertiary legal materials to analyze the Constitutional Court's decision. The court ruling grants Navy investigators the power to probe money laundering cases stemming from fisheries crimes. The decision highlights the inconsistency between Article 74 of the PPTPPU law and its explanation, questioning the separation of investigations between the predicate crime and money laundering. Navy investigators, in handling money laundering cases tied to fisheries crimes, take actions such as submitting inspection reports to PPATK, coordinating with PPATK, and seeking information from them. Recommendations include ensuring precise explanations of articles as the official interpretation of the law to avoid legal uncertainty. Additionally, the government should support the improvement of PPNS readiness, including Navy investigators, by enhancing their quantity, quality, and professionalism in conducting TPPU investigations. Strengthened cooperation and coordination with other law enforcement agencies, including PPATK, are also necessary to facilitate the investigations.

Legal sanctions against members of the National Police who Abusing Narcotics at Bengkulu Police Station

Today narcotics crime is seen as a crime that is an enemy of humanity, therefore countries in the world including Indonesia continue to struggle to eradicate this crime. The issues raised in writing this thesis are Law Enforcement Against Members of the Police Who Abuse Narcotics and Psychotropics, how to regulate and Criminal Sanctions against the National Police who commit Narcotics Crimes, and how to apply criminal sanctions and a code of ethics to the National Police as perpetrators of Narcotics Crimes. The research method used in this paper is the normative juridical research approach. The normative juridical method in which this research examines the literature or secondary data which includes books and legal norms contained in statutory regulations, legal principles, legal rules and legal systematics and also examines the provisions of statutory regulations and legal materials others. From this research it can be concluded that 1) The process of law enforcement against members of the police who are caught in cases of criminal acts of narcotics abuse is in accordance with the applicable laws and regulations, in which in the process all people are equal in the eyes of the law, even in law enforcement the suspects is a member of the police, the sentence can be more severe. This is because the suspect is a law enforcement officer who should carry out a position order to fight narcotics, but the suspect is involved in a criminal case of drug abuse. 2) The process of enforcing the police professional code of ethics against members of the police who are caught in criminal cases of narcotics abuse in fact has not been carried out properly where the police do not immediately take firm action against members who are caught in criminal cases of narcotics abuse, as if the police are still protecting their members and are considered after their members have tried in general court and found guilty of committing a narcotic crime.

MANAGEMENT OF INCREASING PUBLIC KNOWLEDGE ABOUT THE IMPORTANCE OF MEDICAL RECORDS IN HEALTH CARE FACILITIES

Medical records have use value as information on health care and patient treatment as evidencein law enforcement processes, fostering medical personnel discipline, enforcing medical ethics, foreducational and research purposes, the basis for health service financing and for compiling healthstatistics. Therefore, the filling of this medical record must be complete and should not be delayedin filling it either for patients or health workers. However, many people do not know the importantfunction of completing medical records and disclosure of personal information that must be givento health care facilities and even health workers who care for them in supporting the quality ofinformation on the medical records. The purpose of this activity is to increase public knowledgeabout the importance of medical records for people seeking treatment at health care facilities. Thematerial presented related to the application of quality in medical records can be carried out startingfrom the preparation of indicators, then the methods used can be in the form of quantitative andqualitative analysis, dimensions depicted in medical record services, namely tangible (physicalevidence), reliability (reliability), responsivness (responsiveness), assurance (assurance) andemphaty (empathy), and interest in quality control and costs. Material participants acted well duringthe implementation of community service

The Criminal Law Enforcement Policies in Tackling Criminal Human Rights the Review of Progressive Law Requirements

This text is in the background by the large number of criminal law enforcement cases carried out by our law- enforcement officers far from the justice that the public desires, law enforcement is still glued to the text in the act and assumes that the law is in the affirmative. Surely this paradigm must be altered by our law-enforcement officers so that the process of law enforcement will fit the pancasila values with those in society. So this is what the authors are interested in discussing how criminal law enforcement policies in addressing criminal rights are reviewed in progressive law enforcement and the problem with this study is how criminal law policies deal with present human rights and how future criminal law enforcement policies have defined criminal rights Based on subtantive justice. The method used was normative yuridis (literature study). Studies that are disturbing for society are not based solely on dissatisfaction with what might be called law enforcement in a narrow sense, even a sense, that untruths, injustice, abuse of power, favoritism, practice of favoritism and so forth are necessary for law enforcement in a broader sense that is not solely the responsibility of law enforcement officers, judicial institutions, And the legal institutions of higher education, but also should be the concern and responsibility of all officers and shareholders in all aspects of life, And what is more important is that the whole component of law-enforcement officers better understand what is called a progressive law in acting in legal cases in particular against criminal rights to create justice on the basis of almighty deity and the prevailing values of a society or common, so-called substantive justice

REFORMULATION OF THE INSTITUTIONAL FUNCTIONS AND AUTHORITIES OF THE NATIONAL COMMISSION ON HUMAN RIGHTS

<p><em>The handling of serious human rights violations has become a strategic and prioritized issue for the National Commission on Human Rights (Komnas HAM). This conceptual article aims to evaluate law enforcement efforts regarding cases of serious human rights violations handled by Komnas HAM and identify the obstacles and challenges faced in the process of resolving these cases. The research findings indicate that Komnas HAM has completed investigations into 12 cases of serious human rights violations and forwarded them to the Attorney General's Office as the investigator and public prosecutor. However, the legal process for these cases has stagnated, especially those already decided by the Ad Hoc Human Rights Court, such as the cases of Timor Timur, Tanjung Priok, and Abepura, where the defendants were eventually acquitted. The main challenges faced are the limited willingness and capacity of the Indonesian State to resolve cases of serious human rights violations. Additionally, weaknesses in legal aspects and the political will of the Government and Law Enforcement Agencies also influence the law enforcement process concerning serious human rights violations. Therefore, the novelty offered lies in the importance of a comprehensive evaluation of respect, protection, and fulfillment of human rights as a critical step to enhance the effectiveness of law enforcement regarding serious human rights violations. A reassessment of strengthening Komnas HAM's authority is required to ensure legally binding measures and clear consequences for those who do not comply with Komnas HAM's recommendations.</em></p>

Criminal Justice Reform: From Due Process Model to Reintegrative Model as an Alternative to Criminal Case Resolution

The research problem of this study is the reform of criminal justice from the due process model to the reintegrative model as a consequence of the development of criminal law, including in the resolution of criminal cases. The reintegrative model is a process of establishing new norms or values, as a form of adaptation in the enforcement of criminal law with the approaches of restorative justice, penal mediation, and discretion. The research method used is normative legal research, with statutory, historical, comparative, and conceptual approaches. The results of this study indicate that, firstly, the reform of criminal justice from the due process model to the reintegrative model is an effort to integrate several approaches such as restorative justice, penal mediation, and discretion. This approach is introduced as an effort to minimize the dominance of the due process model. Resolving criminal cases using the due process model is not the only model for resolving criminal cases, but there are many alternatives available. The concept of the reintegrative model emerged due to the numerous issues in law enforcement with the current dominance of the due process model in criminal justice, which focuses on imprisonment as punishment. Secondly, the reintegrative model of criminal justice provides an alternative for resolving criminal cases, with several approaches that can be used and maximized, including restorative justice, penal mediation, and discretion. Restorative justice can be applied in resolving various criminal offenses, penal mediation involves resolving criminal cases outside the court through deliberation and consensus, and police discretion is a justified police action in the interest of the public. However, these approaches are not well-implemented because some still perceive that resolving criminal cases using these approaches is not part of the criminal law enforcement process

Women's Human Rights: The Importance of Human Rights for Women in Indonesia

Background. Currently, the law is still considered discriminatory and unfair. The law should be fair, especially to women. Purpose. The goal is for men and women to have equal rights to participate in social and state activities. Method. This article is made using a quantitative method that conducts research to several people, especially women, so that the author knows whether people know about human rights for women, gender equality, and violence experienced by women and law enforcement against women's human rights. Results. In life, the achievement of equality of the dignity of women has not shown rapid progress. Women are also victims of violence from various parties, both physical violence and psychological violence. Women must also have laws that can protect them. There are many factors that influence the law enforcement process. Conclusion. Therefore, Women's Human Rights is a set of rights inherent in women and the right of women to be treated properly without violence from any party.

Stagnation Criminal Law Enforcement Post Determination Change Omnibus Law Act

The purpose of this study is to investigate the application of criminal law following the determination of changes to the omnibus law and the influence such changes have on legal certainty. The study method that is being utilized is known as normative legal research, and it involves approaching the topic from legislative perspectives, conceptual perspectives, and case perspectives. According to the findings of the study, the process of criminal law enforcement has slowed down significantly in several areas where the omnibus law has made changes. This is true not only for cases that have recently taken place, but also for cases that are still in the stages of investigation and prosecution, which has led to a number of criminal cases not being resolved in court. This is due to the fact that the Omnibus Law has removed several criminal provisions from the previous law, including changing criminal sanctions to administrative sanctions. Furthermore, the Constitutional Court's decision on the Omnibus Law has never provided clarity on its application, which has caused criminal law enforcement to become stagnant. The word "stagnation" is synonymous with "bottleneck," "congestion," and "deadlock." After the stipulation of revisions to the Omnibus Law, there was a lull in the activity of criminal law enforcement, which resulted in the absence of legal certainty.

The Effectiveness of an Integrated Law Enforcement Center (GAKKUMDU) Policy on Handling 2019 Election Criminal Violations in North Sulawesi

In handling election criminal violations, the policies of the Election Law Enforcement Center or Gakumdu are regulated. Gakumdu consists of elements from Bawaslu, the prosecutor's office and the police. The aim of the establishment of Gakumdu is to encourage the election trial to take place quickly and accurately. This must be done because the election process is bound by a strict schedule and stages, so it is impossible for the election stages to be adjusted to the ordinary judicial process. This study aims to analyze whether the Sentra Gakkumdu Policy in North Sulawesi has had an impact on the effectiveness of election law enforcement in Indonesia. What are the obstacles to the Gakkumdu Sentra Policy in the electoral law enforcement process in Indonesia and what solutions can be made so that the role of the Gakkumdu Sentra Policy is more effective in enforcing election law. The results of the analysis concluded that the handling of alleged violations of election crimes by the Sentra Gakkumdu in the 2019 election in Sulawesi was not effective because there were provisions both in the election law and other regulations that hindered the work of the Sentra Gakkumdu. There are often differences in legal perceptions among members of the Gakkumdu in determining whether a request fulfills the element of a violation or not. Not all districts/cities have a Prosecutor's Office or a Police Office.

The Principle of Legal Certainty in Dismissal of Civil Servants who have Reached the Retirement Age Limit and are Undergoing the Corruption Criminal Court Process

Civil Servant (PNS) is any government official who is part of the State Civil Apparatus (ASN) and has a working relationship with the state. The relationship is that civil servants are obliged to work in a government position and get protection and fulfillment of their rights. As ius constitutum, regulation of civil servants in Indonesia is regulated in Law Number 5 of 2014 concerning State Civil Apparatuses, which regulates retirement guarantees. In its implementation, obstacles arise if there are civil servants who have reached the Retirement Age Limit but at the same time are undergoing a corruption trial process that has not been inkracht. These Obstacles are the impact of the absence of the principle of legal certainty. The purpose of this study is to find out the legal regulations/norms regarding the dismissal of civil servants who have entered the retirement age limit and are currently undergoing a criminal justice process for corruption and the obstacles to its implementation from the aspect of the principle of legal certainty. The type of research used in this article is normative legal research. The results of the study, based on positive legal, show that the dismissal of civil servants who have reached the Retirement Age Limit has been regulated in Law Number 5 of 2014 concerning State Civil Apparatuses and their implementing regulations. However, there is still a void in legal norms governing civil servants who enter the Retirement Age Limit but at the same time undergo a trial process for criminal acts of corruption. This situation that the principle of legal certainty was not fulfilled and hampered the process of law enforcement in the state administration. For this reason, local governments are advised to immediately change or add to the legal norms contained in the Laws and Regulations, which specifically regulate civil servants who have entered the Retirement Age Limit but at the same time are undergoing a criminal justice process, so as to provide legal certainty and not create obstacles of the law of state administration.

Rehabilitasi Sosial di Balai Anak Sentra Abiseka Pekanbaru

Rehabilitasi Sosial di Balai Anak Sentra Abiseka Pekanbaru

Legal Arrangements Regarding Polri's Disciplinary Actions in Carrying Out Their Duty as A Security Personnel

The Indonesian National Police (POLRI) is responsible for maintaining public security and order, as well as serving and protecting the community. However, there have been instances where members of the police force have clashed with civilians while carrying out their duties. This study employs normative legal research, focusing on secondary data obtained from various sources. The legal methodology approach is utilized to examine relevant regulations and guidelines related to the legal issues at hand. According to Article 2 of Unofficial Law No. 3 of 2003, which pertains to the Specialized Execution of General Legal Foundations for members of the Indonesian National Police, the law enforcement process for police officers is carried out within the procedural regulations applicable in general court proceedings. Thus, if a member of the National Police is reported to have committed a crime, they are processed by the Criminal Investigation Unit. Article 12 (4) of the Police Professional Code of Conduct stipulates administrative sanctions, which include 1) transferring duties to a different position, 2) transferring duties to different areas, 3) honorable discharge, or 4) dishonorable discharge. Transfers of positions and areas serve as administrative sanctions for police officers who have violated the Professional Code of Conduct, involving either demotion (transfer to a lower position) or reassignment to a different place/region. Honorable discharge or dishonorable discharge, on the other hand, are administrative actions taken against police officers who have demonstrated a violation of the Professional Code of Conduct.

Justice, Mediation, and Kalosara Custom of the Tolaki Community in Southeast Sulawesi from the Perspective of Islamic Law

The existence of customary law has been less a concern as a source in the law enforcement process for law enforcers. The Tolaki community in Southeast Sulawesi has a custom capable of resolving legal disputes called kalosara. This study aims to examine the customary role of the Kalosara in resolving land disputes to create justice and social order in society. This empirical legal study used the sociological theory of law and benefit in Islamic law. Data were collected by means of in-depth interview and literature review. The results of the study revealed that the Kalosara that has become a customary law or living law in society has played a role in resolving cases through mediation. The Kalosara customarily carried out through a mediation process has been able to mitigate internal cases of the indigenous people. Dispute resolution resolved in terms of land cases has also succeeded in creating social order in society. The philosophical principles in the Kalosara consist of ate pute penao moroha (chastity and justice), the values that are able to bind the parties to the disputes in a customary way to create justice. Theoretically, the social function of the customary law in society is to realize social harmonization so that disputes and conflicts can be avoided. In the context of the Islamic law, creating harmony and social order in society is one of the main goals.Keywords: Justice, mediation, customary law, Kalosara, mediation, social order, Islamic law

THE OBJECTIVITY OF POLICE TESTIMONY IN THE TRIAL EVIDENCE

Crime and drug abuse in Indonesia have been considered severe cases. As in the status quo, the police are now intensively arresting perpetrators of drug abuse and ensuring that the law enforcement process runs against the drug users to make them responsible for their actions before the law until the trial. In practice, during the trial evidence, the police give testimony in the court as the party who arrests the suspected perpetrators of drug abuse. However, the testimony from the police who act as the witness for the drug abuse cases is vulnerable to the nuances of case engineering or torture in obtaining information from the suspect. This study aims to find out and analyze three things: 1. the objectivity of the testimony from the police who arrested the drug abusers in evidence following the Criminal Procedure Code. 2. the considerations of the judges on the testimony of the police who arrested the drug abusers at the Bengkulu District Court Class IA in case of Number: 271/Pid.Sus/2020/PN Bgl.) and 3. the decision of Cassation of the Supreme Court of the Republic of Indonesia Number: 1531 K/Pid.Sus/2010, related to the objectivity of the police testimony in evidence following the Criminal Procedure Code. This study employed a statutory and conceptual approach related to the judge's consideration of the testimony of the police who arrested the drug abusers. Considerably, it is not appropriate to present the police testimony as a fact witness due to particular bias on the confirmation of the results from the investigation, in which the police are most likely to have an interest in the success of his case in court. Keywords: Objectivity, Testimony, Police, Arrest.

Pertanggungjawaban Pidana terhadap Pelaku Obstruction of Justice dalam Perkara Tindak Pidana Kekerasan Seksual

One of the causes of sexual violence is the failure of law enforcement officials to eradicate sexual predators due to acts of obstruction of justice which are often carried out by certain individuals. Obstruction of justice is an action that obstructs and obstructs the law enforcement process in various forms. This research will review the matter of how the obstruction of justice is regulated in Indonesian positive law and the forms of criminal liability for perpetrators of obstruction of justice in cases of criminal sexual violence? This research uses normative juridical methods in the form of a literature study and examines several statutory regulations. The results of his research indicate that regulations regarding obstruction of justice are contained in Article 221 of the Criminal Code and are spread across several special laws such as laws on eradicating corruption, terrorism and criminal acts of sexual violence. Regarding criminal liability, a person who commits obstruction of justice in a criminal case of sexual violence can be held accountable in the form of a maximum prison sentence of 5 years. Essentially, the regulations governing obstruction of justice in criminal acts of sexual violence are quite good, but the government is expected to immediately speed up the formation of derivative regulations or implementing regulations for the TPKS Law in the form of government regulations so that the TPKS Law can be implemented properly.

Penegakan Hukum Kantor Imigrasi Kelas II TPI Belawan Terhadap Warga Negara Asing Yang Menyalahgunakan Izin Tinggal

The purpose of this study is to analyze the law enforcement process, obstacles in supervision and law enforcement against criminal acts of violation of residence permits for foreign nationals in Class II TPI Belawan Immigration Offices. The research method used is an empirical legal research method. Empirical legal research is carried out by collecting primary data as the first source by going through empirical results obtained through interviews with the Head of Class II Immigration Office TPI Belawan. This research is a descriptive analysis which is analyzed qualitatively. Based on the results of this study, enforcement of foreign nationals who abuse their residence permits in the Belawan area in 2022 will be subject to Immigration Administration Actions in the form of prevention and deterrence, detention, delegation of detention centers and deportations. In the process of detaining foreign nationals prior to deportation, rights are given according to their basic daily needs. Obstacles in general are unresponsive coordination with embassies, minimal human resources for both immigration officials and PPNS in terms of supervision and law enforcement and relatively long time in completing case files. In particular, there are frequent tidal floods, unstable electrical voltage, and buildings that can be said to be unfit. Supporting factors are the presence of TIMPORA (Foreigner Monitoring Team); There is APOA (Alien Reporting Application).

The Model for Implementing Restorative Justice in the Law Enforcement Process Using the Local Wisdom Approach

The Model for Implementing Restorative Justice in the Law Enforcement Process Using the Local Wisdom Approach

Quo Vadis Justice Collaborator dalam Sistem Hukum Pidana Formil

The emergence of the term whistleblower and justice collaborator in law enforcement processes in Indonesia provides a new atmosphere, where someone who knows or is involved in the occurrence of a crime can assist law enforcement officials in uncovering true facts, for which reason the law rewards them. in the form of leniency in sentencing to the witnesses of the cooperating perpetrators. Departing from these facts, the questions in this research are (1) Institutions authorized to make someone involved in a crime a justice collaborator, (2) obtaining status as a justice collaborator. The method used in this research is normative legal research with the statute approach, case approach, and conceptual approach. The purpose of this research is to find out which institutions/agencies can make a person a justice collaborator in uncovering the occurrence of a crime.

Девиантологические аспекты предупреждения половых преступлений, связанных с понуждением к действиям сексуального характера и домогательством

The article deals with socio-cultural and legal approaches to the prevention of sexual deviations related to coercion and harassment. The author believes that the criminalisation of sexual abuse (including harassment) does not meet the genesis of criminal law regulation, namely the social need for it to be prohibited specifically by criminal law, which is the state’s final argument in combating anti-social behavior.
 Introduction. The moral and cultural assessment of sexual relations outside of marriage, as well as of non-traditional forms of sexual relations, has changed over time and has had a significant impact on state-legal approaches to ensuring the security of sexual freedom and sexual inviolability of the individual. In this regard, on the modern socio-cultural platform new directions of formation of the state policy in the field of permissible and prohibited in the sexual sphere, the nature of freedom of actions of sexual nature and the degree of public danger of such deviations as coercion to actions of sexual nature and accompanying acts - sexual harassment are born.
 Aim of the criminological and sociological study was to outline the boundaries of the criminal law prevention of sexual deviations related to compulsion to sexual acts and harassment.
 Research Methodology, Methods and Techniques. The methodological basis of the study consists of general scientific and particular scientific methods of scientific knowledge, methods of empirical and theoretical research. Dialectics is accepted as a philosophical theory about the universal laws of motion and development of nature, human society and thinking, and in its original sense - as a logic and debatable search for truth related to the object of research. The anthropological approach allows us to reveal the ways in which the perpetrator’s personality is formed, as well as the motives and motivation behind deviant behavior. The axiological approach assists in verifying ways of strengthening the perceptions of sexual freedom as a moral and legal value, both at the level of mass, collective and individual consciousness and at the level of law-making and law enforcement processes systematically related to countering sexual offences. The use of the above approaches and methods ensured the study of sexual deviations, connected with coercion to actions of sexual nature and harassment, as an independent criminological phenomenon.
 The study found that general and special prevention mechanisms to prevent sexual harassment exist in our country, but are poorly used for various reasons, including the immoral behavior of the victim. The existence of organisational and legal problems for law enforcement agencies in proving reports of sexual offences should be recognised, but this cannot change the social nature of the acts and the degree of their public danger. The international experience of combating sexual harassment against the background of systematic high-profile «sex» scandals is a weak argument in favour of the effectiveness of combating social deviations by criminal law means.
 Scientific novelty. The study substantiates the author’s position that criminalisation of sexual harassment (including harassment) does not correspond to the genesis of criminal law regulation, i.e. the social need for sexual harassment to be prohibited by criminal law, which is the state’s final argument to combat anti-social behavior.
 Practical significance. The proposals formulated are aimed at the formation of effective criminal policy in the field of preventive measures to ensure the security of sexual freedom and integrity of the person.