Support Law Enforcement Research Articles

Faktor Penghambat Penegakan Hukum Merek Di Sumatera Utara

This research was conducted in order to identify the factors that become obstacles in the enforcement of criminal law marks in the jurisdiction of the Regional Police of North Sumatra (Poldasu). The method used in this research is normative-empirical law research (applied law research). A literature study was conducted on the legal literature, a field study was conducted on respondents with in-depth interviews with 2 officers from the Criminal Investigation Unit at Poldasu. The results of the research and discussion show that law enforcement is influenced by several factors, which then become obstacles in the implementation of the process, such as: 1) Legal factors, where the term that refers to criminal marks in Law no. 21 of 2016 concerning Marks and Geographical Indications (UU MIG) uses the word “violation” and there are provisions for complaint offenses; (Constitution); 2) Law enforcement factors, namely the parties that form and apply the law; 3) Factors of facilities and facilities that support law enforcement; 4) Community factors, namely the environment in which the law applies and is applied. 5) Cultural factors, namely as a result of work, creativity and taste based on human initiative in social life

Weak Investment Law Enforcement in Land and Forest Fire Cases in Indonesia

This article aims to analyze the formulation of sanctions in Indonesian investment law against foreign investors who commit environmental damage and pollution in the case of forest and land fires. This paper uses a legislative approach by analyzing the quality of legal norms on regulating sanctions for foreign investors involved in forest and land fires. The results show that the current development of global investment law requires companies, including transnational companies, to carry out environmental responsibilities in addition to social responsibility and good governance. The need to build pro-environmental investment law is important to strengthen environmental law enforcement with a multi-door approach. This is not followed by the investment law in Indonesia. The country's Investment Law does not strictly regulate sanctions against investors who violate their obligations and responsibilities to maintain the environment. The aspect of government supervision of the implementatio of investor obligations is also weak. These weaknesses in legal substance show that investment law is not in line with today's investment objectives that require support for environmental preservation or better known as green investment. This paper concludes that investment law will not be effective in supporting law enforcement in forest and land fire cases due to the lack of sanction formulation and weak supervision. Because of this, the existing investment law is still far from the goal of realizing green investment in Indonesia.

CONTRIBUTE TO RAISING AWARENESS IN A COMMUNITY

Although society endeavors to improve the living conditions of different marginalized communities, hate crimes persist as constant problems that underlie broader social issues of power imbalances and marginalization. The criminal justice system requires major reform to ensure that resources are distributed with equity among the vulnerable populations to receive the support of law enforcement. However, certain states face significant problems of hate crime underreporting, which requires changing state policies in accordance with community needs. An examination of hate crime underreporting in Wyoming illustrates the lack of confidence in the police and the presence of distrust that prevents individuals from reporting such crimes. However, a comprehensive change that includes revised police training and a distinctly outlined hate crime policy complemented by police-community engagement would improve the situation.

Efektivitas Pelaksanaan Hukuman Penahanan bagi Anggota Militer yang Melakukan Pelanggaran Disiplin Militer di Polisi Militer Angkatan Laut Lantamal V Surabaya

In a country, elements of the field are needed to maintain unity and integrity in the country, one of which is the military. In Indonesia, the military element that maintains the sovereignty of the Republic of Indonesia is the Indonesian National Army (TNI). TNI soldier is formed through an educational process so that a soldier can carry out his duties properly according to the tasks given, both in combat and outside combat. But in the military area, which should be free from bad and despicable actions or behavior, in reality, TNI members are also ordinary people who cannot be separated from mistakes. It is possible for a soldier to disobey his superiors, or to commit a crime or violation that is detrimental to both the individual and the unit. This study aims to determine the effectiveness of law enforcement military discipline in the Military Police Lantamal V Surabaya and the imposition of penalties if there are members of the military who violate military discipline. This research uses empirical juridical research. Methods of data collection is done by means of interviews and literature studies. The results showed that there were still members of the military who violated military discipline. The data analysis technique in this study used qualitative data analysis. There are 5 (five) factors of legal effectiveness, namely the legal factor itself, law enforcement factors, facilities that support law enforcement, community factors, and cultural factors.

Science‐based planning can support law enforcement actions to curb deforestation in the Brazilian Amazon

AbstractWhile Brazil publicly committed to reduce deforestation in Amazonia at the 26th Conference of the Parties (COP26), the Brazilian parliament is moving toward weakening environmental laws. Deforestation rates continue ascending, reaching in 2021 the highest value since 2006 (13,235 km2). To overcome this paradox, strategies to curb deforestation are mandatory. The current strategy, “Plano Amazônia 21/22,” prioritizes law enforcement actions to curb illegal deforestation in only 11 Amazonian municipalities. Here, we show that this prioritization is likely to be insufficient since these municipalities account for just 37% of the current deforestation rate. This strategy may also be undermined by the leakage of deforestation actions to unmonitored municipalities. Using a set of spatially explicit datasets integrated into a deforestation‐prediction modeling approach, we propose a science‐based alternative method for ranking deforestation hotspots to be prioritized by law enforcement actions. Our prioritization method accounts for more than 60% of the deforestation, detecting larger deforested areas in both private and public lands, while covering 27% less territory than “Plano Amazônia 21/22.” Optimizing the detection of priority areas for curbing deforestation, as proposed here, is the first step to reducing deforestation rates and comply with the Brazilian legal commitment of 3925 km2 year−1.

Advances in Flipped Classrooms for Teaching and Learning Forensic Geology

One of the most famous criminal investigations involved the use of forensic geology to assist law enforcement agencies in the homicide case of the Italian honorable Aldo Moro. Notwithstanding this important tribute to forensic geology, in Italy, the role and value of using geological and soil materials (known as earth materials) to support law enforcement agencies in solving criminal investigations remain uncommon. This absence may be due to few educational courses for geology undergraduates/graduates devoted to laboratory and field training in forensic geology. The flipped classroom model may encourage a modern educational approach for teaching and learning forensic geology. The designed flipped classroom model applies theoretical concepts for forensic geology, which is learned by the attendees at home, whereas the class activities are devoted to laboratory and field experiences assisted by teaching staff. The laboratory activities involve techniques for collecting geological trace evidence and comparing color/sedimentological/mineralogical/microfossil features, whereas the field experiences consist of sampling strategies, search activities for burials, and field surveying. This approach has been trialed by the Messina University since 2014 and represents a successful tool for multitasking teaching and learning aimed to further develop forensic geology, encourage the inclusion of forensic geologists within the police enforcement in Italy, and improve the knowledge of law experts such as prosecutors and defense lawyers.

DNA databases of an important tropical timber tree species Shorealeprosula (Dipterocarpaceae) for forensic timber identification

International timber trade communities are increasingly demanding that timber in the wood supply chain be sourced from sustainably harvested forests and certified plantations. This is to combat illegal logging activities to prevent further depletion of our precious forests worldwide. Hence, timber tracking tools are important to support law enforcement officials in ensuring only sustainably harvested timbers are traded in the market. In this study, we developed chloroplast DNA (cpDNA) and simple sequence repeat (SSR) databases as tracking tools for an important tropical timber tree species, Shorealeprosula from Peninsular Malaysia. A total of 1410 individual trees were sampled from 44 natural populations throughout Peninsular Malaysia. Four cpDNA regions were used to generate a cpDNA haplotype database, resulting in a haplotype map comprising 22 unique haplotypes derived from 28 informative intraspecific variable sites. This cpDNA database can be used to trace the origin of an unknown log at the regional level. Ten SSR loci were used to develop the SSR allele frequency database. Bayesian cluster analysis divided the 44 populations into two genetic clusters corresponding to Region A and Region B. Based on conservativeness evaluation of the SSR databases for individual identification, the coancestry coefficients (θ) were adjusted to 0.1900 and 0.1500 for Region A and B, respectively. These databases are useful tools to complement existing timber tracking systems in ensuring only legally sourced timbers are allowed to enter the wood supply chain.

Geospatial Artificial Intelligence for Early Detection of Forest and Land Fires

Over the years, early detection of forest and land fires has been conducted using hotspot data provided by the National Institute of Aeronautics and Space (LAPAN), based on its interpretation of satellite images. The hotspot data have tremendously helped firefighting efforts and further enforcement. However, the system has several shortcomings, especially due to its inability to distinguish forest and land fires from other hot surfaces or fires caused by common human activities. Furthermore, this method also requires labor-intensive verification, and heavily relies on human factors for advanced analysis and validation. Recently, the DG of Law Enforcement of the Ministry of Environment and Forestry (DGLE MoEF) has been piloting a new approach through advancement in artificial intelligence, called Geospatial Artificial Intelligence (GeoAI). By utilizing recorded satellite image data from 2017 - 2019, the machine has been trained to recognize the pattern and tone of the image in burnt areas so that it can validate the presence of the burnt area based on the history of Sentinel-2 imagery for the past week at each cluster. DGLE MoEF found that the burnt area data processed by GeoAI has better accuracy than the hotspot count for forest and land fire identification. Moreover, GeoAI may ease forest and land fire analysis and verification by automatically overlaying forest area and company concessions at the burnt area. GeoAI’s innovation in forest and land fire monitoring can produce more accurate and complete early detection data of forest and land fires than currently available hotspot data. The results of hotspot clustering that detect fires may assist firefighters in rapidly extinguishing the fire, and support law enforcement officers in determining the appropriate target location. Therefore, GeoAI technology may increase the effectiveness and efficiency of resources allocated by law enforcement officers in providing better and more responsive public services.
 Keywords: GeoAI, geospatial technology, artificial intelligence, forest fire, hotspot

Deal or no-deal? Using administrative data to explore buyer motivation in online drug purchases and its association with community risk factors in Scotland.

The expansion of online drugs markets has widened opportunities to purchase drugs, for both personal use and wider distribution, thus creating new potential public health risks. However, there is little research on the motivation of online drug purchasers or the level of risk that such transactions pose to different communities. Greater insights into the intended use of drug parcels arriving by post, and how this varies across communities could help law enforcement and health services develop more effective policies and better allocate resources to reduce drug-related harms. We use Scottish administrative data about illegal drug parcels seized by the UK Border Force to create a new classification of 'buyer motivation' (based on type of drug, estimated number of doses purchased, and patterns of drug consumption). We identify three potential types of buyer motivation: personal consumption, heavy use or social dealing, and wholesale dealing; and examine the extent to which each type is associated with a range of drug-related community risk factors, thereby identifying potential variation in levels of public health risk. Communities to which drug parcels were destined differed significantly from the Scottish average across a range of factors; however, this varied by buyer motivation. Parcels thought to be purchased for heavy use or social dealing appeared to pose a greater risk within communities characterised by general deprivation, but especially health-related deprivation, with a high youth population but low unemployment rates; whereas those purchased for wholesale dealing appear most likely to pose a risk in communities with higher crime and unemployment rates. Administrative data about intercepted drug parcels could be helpful in classifying the motivation of online drug purchasers and monitoring patterns of variation in potential public health risks at a community level. This could support law enforcement and public health agencies to develop more targeted drug-harm reduction strategies.

THE DOCK ESTABLISHMENT TO SUPPORT MARITIME SECURITY OPERATIONS IN BANGKA BELITUNG

Navy Base of Bangka Belitung is a type B Navy Base under the operation of Main Navy Base III Jakarta. As a base, it has an important role in the series of Integrated Fleet Weapon Systems (Sistem Senjata Armada Terpadu, SSAT). Nave Base of Bangka Belitung has the main task of supporting administration and logistics for operation elements. Besides that, it plays the role of a unit that enforces the law and maintains maritime security, and also plays an active role in empowering the marine defense area. The port is an important facility in supporting the presence of navy elements that can provide a deterrence effect against threats to maritime security. However, the absence of a dock at Bangka Belitung Navy Base will limit the power of the navy element, that is why the process of law enforcement at sea will be carried out optimally with the presence of a dock. The purpose of this study was to analyze the dock establishment to support the navy power in Bangka Belitung Navy Base securing its maritime area. The theories used were sea power theory, maritime security, dock concept, and International Ship and Port Security Code (ISPS Code). This study used the literature review method, primary data obtained through important files related to the object of research and supported by secondary data in the form of books, journals, and documents related to the construction of the Navy Base of Bangka Belitung. The results showed that the dock can improve the performance of Bangka Belitung Navy Base elements in the support function of anchorage facilities, support for ship maintenance and repair facilities as well as support for supply facilities, support for law enforcement, and maintaining maritime security, as well as empowering marine areas

A Method for Organized Crime Harm Assessment: Connecting Associated Crimes

AbstractThe increasing call for harm-focused approaches warrants a method for assessing the harm of organized crime. A harm assessment of organized crime can be of use to law enforcement agencies for prioritizing efforts and designing policies that aim to counter organized crimes based on the harm they cause. It can also be used by other institutions that can intervene and support law enforcement indirectly in preventing and counteracting organized crime. However, assessing the harm of organized crime entails dealing with the complex structure of intertwined criminal activities and addressing the fact that organized crime groups commit other crimes to support their main criminal activity. This research introduces a novel method for Organized Crime Harm Assessment (OCHA method) and demonstrates it with the application to the case of heroin trade into and within England and Wales. The challenges of applying the OCHA method are identified and discussed, as well as its limitations, contributions, and opportunities for future research.

Optimizing DNA Analyses of Pangolin Products from the Trade for Species Identification in Vietnam

To support law enforcement related to illegal wildlife trafficking in Vietnam, DNA analyses have been widely used to identify species based on products seized from the trade. Pangolins are one of the most threatened mammal groups in Vietnam and across the world because they have been trafficked in huge numbers and considered the most traded mammals globally. Although the government and management agencies have implemented several deterrent measures to reduce the illicit trade of pangolins, a high number of violations with large seizures have still been detected in recent years in the country. Species identification of pangolin products is often challenging, as many products don’t have sufficient morphological diagnoses, especially their meat, hair, and scale. In this study, we present a protocol, which can be applied in laboratories in Vietnam, for extracting and amplifying a fragment of the mitochondrial cytochrome C oxidase subunit 1 (COI) from pangolin’s scales and hairs. This protocol was successfully employed to generate a fragment the COI gene from 10 confiscated pangolin samples. The results show for the first time that three samples originated from an African pangolin species and highlight the importance of applying molecular approaches to combating wildlife trafficking in Vietnam.

Phylogeography and population genetic structure of the European roe deer in Switzerland following recent recolonization.

In the early 1800s, the European roe deer (Capreolus capreolus) was probably extirpated from Switzerland, due to overhunting and deforestation. After a federal law was enacted in 1875 to protect lactating females and young, and limiting the hunting season, the roe deer successfully recovered and recolonized Switzerland. In this study, we use mitochondrial DNA and nuclear DNA markers to investigate the recolonization and assess contemporary genetic structure in relation to broad topographic features, in order to understand underlying ecological processes, inform future roe deer management strategies, and explore the opportunity for development of forensic traceability tools. The results concerning the recolonization origin support natural, multidirectional immigration from neighboring countries. We further demonstrate that there is evidence of weak genetic differentiation within Switzerland among topographic regions. Finally, we conclude that the genetic data support the recognition of a single roe deer management unit within Switzerland, within which there is a potential for broad‐scale geographic origin assignment using nuclear markers to support law enforcement.

KEWENANGAN APARAT KEPOLISIAN LALU LINTAS DALAM MELAKUKAN PENYITAAN BARANG BUKTI PELANGGARAN LALU LINTAS DI WILAYAH HUKUM POLRES PAYAKUMBUH

The exercise of authority in the form of confiscation actions carried out by members of the Payakumbuh City Police, especially traffic officers against vehicles that commit traffic violations, in taking action must be in accordance with Law Number 2 of 2002 concerning the Indonesian National Police, Law Number 22 of 2009 concerning Road Traffic and Transportation and the Criminal Procedure Code. Several inhibiting factors in confiscation of evidence in traffic include law enforcers who are often not firm in enforcing the rules, lack of facilities that support law enforcement such as the lack of traffic signs, the lack of police traffic vehicles in conducting patrols, and legal awareness that is less than adequate. There People must be able to understand traffic rules well. Regular socialization of traffic rules, firm action against traffic violators, addition of facilities and infrastructure for traffic signs can reduce traffic violations.Keywords: Authority, Police, Confiscation, Evidence, Traffic Offenders.

Snapshots of Resistance and Solidarity in the East Bay

Each of these pictures represents two diverging communities: One where the police are willing to separate themselves from the people and criminalize them in the process; the other challenges a violent institution that operates on an inflated budget with several military resources at their disposal. It was because of these confrontations that the notion of defunding the police entered the mainstream conversation. Indeed, defunding the police has been silenced by both mainstream political parties, but that does not mean that these so-called leaders can lecture the public on morality. We have seen unchecked power reign for decades. With leadership that supports law enforcement and not the populace, violent police officers will continue to exert control in our communities. But wherever injustice appears, there will always be people willing to oppose it and demand that police officers be held responsible for their actions.

Social Network Identification of Laundered Videos Based on DCT Coefficient Analysis

Identifying the originating social network of a digital video is considered a relevant task to support law enforcement agencies and intelligence services in tracing producers of deceptive visual contents. Recent advances in video forensics highlighted how the structure of video containers can be extremely effective in determining the social network of provenance. However, current studies do not consider that a malicious user could easily launder the traces of the social network by rebuilding the container without transcoding. In this letter, we propose a method to identify a video’s originating social network, even when the video container structure is completely unreliable. The proposed method exploits the statistics of DCT coefficients to characterize the different social media encoding properties. With this work, we also built and made available over 1000 videos of different provenance (native, manipulated, exchanged through social networks) to aid the forensic community further researching this topic.

Wildlife trafficking via social media in Brazil

The trafficking of non-human animals is having a profound effect on biodiversity and conservation efforts. This is also the case in Brazil where it is estimated that millions of wild animals are sold each year, particularly for the pet market. The increasing use of social media and private messaging services (i.e., Facebook and WhatsApp) facilitate this illegal activity to a degree that has not yet been explored. This paper shares the findings of a pilot study analysing the patterns and trends from 500 messages containing at least 1682 individual animals in Brazil via social media and private messaging services. We found the vast majority of the wildlife advertised are Brazilian reptiles and birds. All the trade observed was illegal since it was not happening through certified breeders. This means that it is likely tens of millions of wildlife are being illegally traded each year in Brazil, which has conservation and public health implications in Brazil, but also globally. Efforts to reduce the demand for wildlife in and from Brazil and to support law enforcement agencies and technology companies in combating wildlife trafficking are needed.

Protection of Dance’s Copyright (Study on Conception and Regional Government's Effort to Protect Topeng Ireng Dance in Magelang, Indonesia)

The research is financed by the Ministry of Education and Culture of Indonesia through the Student Creativity Program-Social Humanities Research (PKM-RSH) Abstract This study aims to identify the pattern of legal protection conducted by the Regional Government of Magelang Regency against the Topeng Ireng dance art. This study uses empirical juridical research with primary data from field data obtained from interviews with the Topeng Ireng Dance Community, the Education and Culture Office of Magelang Regency, and the Association of Indonesian Intellectual Property Centers (ASKII). Secondary data was obtained from primary legal materials in the form of Copyright Law of 2014 and Law Number 5 of 2017 concerning the Advancement of Culture. The data obtained were then analyzed qualitatively and presented descriptively. The results showed that the Topeng Ireng dance meets the requirements as work and deserves copyright protection. The protection of the Topeng Ireng dance is in the form of preventive legal protection by taking inventory, development, utilization and guidance. Repressive legal efforts have not been implemented because until present, no claims have been found by other parties against the Topeng Ireng dance. However, if this condition occurs, the local government of Magelang Regency will immediately act by filing a lawsuit to the Commercial Court accompanied by concrete evidence in the form of publication videos, history books of the establishment of the Topeng Ireng dance, activity inventory books and witnesses from the Topeng Ireng community. The factors that influence the implementation of the protection of the Topeng Ireng dance consist of regulatory factors, law enforcement, facilities that support law enforcement, society, and culture. Keywords: Topeng Ireng Dance Art, Legal Protection, Copyrights of art DOI: 10.7176/JLPG/116-03 Publication date: December 31 st 2021

The Role of the Prosecutor Against the Actors of Narcotics Crime Category 1 in the Binjai District Prosecutor

Cases of narcotics trafficking and abuse in recent years have increased rapidly in big cities in Indonesia, including in Binjai City, where the average users are farmers, drivers, students, and school dropouts. The role of prosecutors as one of the important elements in the criminal justice system occupies a very important role in carrying out their duties and authorities in order to carry out law enforcement, namely prosecution in narcotics crime cases in court, so it is important to conduct research on the role of the prosecutor against the actors of narcotics crime category 1 in the Binjai District Prosecutor. This research is normative and descriptive analysis. The legal theory used in this research is the theory of the criminal justice system, law enforcement, and the purpose of the law. The data used is secondary data which can consist of primary legal materials, secondary legal materials, and tertiary legal materials. The data collection technique is library research. Data analysis is qualitative. The Prosecutor's Office as a subsystem of the criminal justice system contained in the current legislation, both in the Criminal Procedure Code and in the Prosecutor's Law No. 16 of 2004, namely as investigators and public prosecutors. Factors that hinder prosecutors in carrying out law enforcement against perpetrators of narcotics crime group I in Binjai City are the facilities or facilities that support law enforcement. Efforts made by the prosecutor in prosecuting the handling of criminal acts of narcotics abuse Category I at the Binjai City Public Prosecutor's Office that have been carried out so far include holding knowledge sharing meetings between fellow law enforcers, conducting management improvements, conducting legal counseling regarding narcotics crimes. In the general public, continuing education of prosecutors, especially narcotics crimes, and the program for prosecutors to enter schools. This activity is to provide counseling to students regarding the dangers and impacts of narcotics use among school children.

The Patterns of Law Enforcement on Eradicating Illegal Activities to Protect Sumatran Tiger Habitat in Tambling Wildlife Nature Conservation, Bukit Barisan National Park

Law enforcement plays a vital role to prevent the extinction of endangered species, including the Sumatran tiger. We investigated the roles of private sector involvement in Tambling Wildlife Nature Conservation (TWNC) for supporting law enforcement by Bukit Barisan Selatan National Park (BBSNP) agencies. We explored the relationship between law enforcement in the environment and forestry on illegal activities within the habitat of the Sumatran tiger in the TWNC area. We collected data on law enforcement and illegal activities during the period of 2000-2018 from BBSNP and TWNC management through secondary data and conducted semi-structured interviews with selected persons, including managers and staff. Additional data on illegal activities data was also obtained through the SMART programme. Our study showed that law and non-law enforcement approaches on environment and forestry during 2001-2018 reduced illegal activities within the TWNC area. However, the approach was not effective to reduce illegal activities if not implemented synergistically. This was evidenced by the guard posts burning case in the TNWC area. We highlighted that the law and non-law enforcement approach on environment and forestry must be implemented involving more synergy ways to reduce illegal activities in the habitat of Sumatran tiger in TWNC.