Law Enforcement Process Research Articles

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.

Community Perceptions of Police Efforts in Law Enforcement (Study in the Resort Police Area, Pasaman District)

Purposeful research to find out the perception of the people of Pasaman Regency towards law enforcement by the Investigation Police at the Pasaman Regency Police . This study uses a qualitative approach. Research informants were selected based on purposive sampling technique . Types and sources of data used primary and secondary data, data collected through interviews and observation. The results of this study illustrate that the public's perception of the Police's efforts to enforce law in the Pasaman Regency area is currently not good, because the community still believes that the Police have not carried out their duties properly, judging from the law enforcement processes carried out by the Police, they are in accordance with their duties and functions. in accordance with the law.

Legis Actio in Rem and Adolf Reinach’s Theory on Social Acts

In an essay published in 2002, Ulrich Manthe analysed the ancient legis actio sacrament in rem in the light of the speech act theory shaped, above all, by John L. Austin (1911–1960). Almost half a century before, Austin Adolf Reinach, an outstanding member of the phenomenological school founded by Edmund Husserl, developed a theory of illocutionary acts from the perspective of realistic legal philosophy. One of the essential elements of the model developed by Reinach is the theory of social acts. In the fi rst step, the paper focuses on the opening part of the legis actio sacramento in rem. It shows that concerning the activity of the parties during the initial ritual of the law enforcement process, we discover the development from the acts of conviction and assertion, which still do not arrive at the state of social acts, to the social act of informing the other party about the claim. The paper also tries to approach the activity of the praetor and the judge through the theory of social acts. The “mittite ambo rem” on behalf of the praetor is qualifi ed technically as the social act of a command. Without arriving at a fi nal result, the paper makes a first attempt to apply the categories of commandment and enactment to the activities of the praetor and the judge. It leaves this item open to further research underlying at the same time that the application of the social acts might contribute to understanding the relationship between the two actors in ancient law.

Implikasi Tumpang Tindihnya Pasal Ujaran Kebencian Pada Tahap Prapenuntutan Perspektif Sistem Peradilan Pidana Indonesia

The criminal justice system aims to enforce material criminal law and formal criminal law. The parts in a legal system in principle should not be in conflict, conflict, or overlap with each other. However, the offense of expressing hatred is regulated in more than one criminal law legislation (overlapping) so that this has the potential to affect the law enforcement process in the criminal justice system. So it is necessary to know what the implications are in the criminal justice system, especially at the pre-prosecution stage. The research is a normative legal research with a statutory and conceptual approach. The results of the study indicate that the overlapping provisions of criminal law regarding hate speech have implications for the stagnation of the case process at the pre-prosecution stage, because of the potential for back and forth case files between investigators and public prosecutors because both of them can have different opinions and stances regarding the hate speech article that will be applied, so as to be detrimental to the suspect's right to obtain legal certainty and the quick and simple judicial process will be neglected.

IMPLEMENTASI MEDIASI PENAL MENGGUNAKAN PENDEKATAN HUKUM ADAT PADA MASYARAKAT ADAT DAYAK HIBUN

The development of globalization and the current standard of human life cannot be matched by the existing law enforcement process (human development is dynamic while law is static). So is the emergence of problems that occur related to existing law enforcement, especially criminal law enforcement through the criminal court system. The problem that arises is the number of cases in lawsuits and the capacity of the penitentiary. To eliminate this problem, it is necessary to think about seeking a settlement of legal issues outside the existing justice system (alternative dispute resolution) and one of the efforts that can be made is the application of customary law as a step to reconcile the disputing parties. The aim is that the disputing parties can resolve the problem with their own awareness and prioritize mutual understanding and respect for the rights of victims and perpetrators. As is known in customary law, namely efforts to resolve conflicts and restore balance.

Harmonization between Investigators and Advocates in the Law Enforcement Process

Law enforcement containing the proportional principle is how law enforcement runs in such a way, so that it does not only enforce the normative rules (aspects of legal certainty) but also the philosophical aspects (aspects and values of justice). Functional differentiation causes law enforcement practices by law enforcement officers to be fragmented and fragmentary because each component of law enforcement has different perceptions and meanings. This has an impact on the difficulty of realizing an integrated and integrated criminal justice system because there are often conflicts of interest and differences in interpretation between law enforcement components so that the products of the judiciary have not been able to meet the expectations of the people seeking justice. So in this systematic framework, the actions of one body will affect the other bodies. Research purposes namely analyzing the harmonization between investigators and advocates in the law enforcement process and analyzing the harmonization and synchronization between law enforcers. The research method in this case combines elements of normative law which are then supported by additional data or empirical elements. The system in the criminal justice system so that in practice it will have an effect on the implementation of the criminal justice system as a whole.

THE PROSECUTOR'S LEGAL POLICY IN ENACTING RESTORATIVE JUSTICE ON CRIMINAL CASE

The Prosecutor's Office of the Republic of Indonesia has a strategic role and obligation in optimising the law enforcement process, including through progressive policies. One form of this policy is the regulation of the mechanism for stopping prosecution through Prosecutor's Regulation Number 15 of 2020. This study aims to examine two main issues: First, How is restorative justice adopted in Indonesian criminal law? Second, How is the substance in the prosecutor's regulation number 15 of 2020 according to the perspective of restorative justice? This study is a doctrinal legal research with a conceptual and statutory approach. Data was obtained from primary and secondary legal materials which were inventoried through a literature study. The Data were then analyzed qualitatively with descriptive-analytical presentation. The finding concludes that: First, in the Indonesian context, restorative justice was initially unknown in the Criminal Code, but it gradually began to be adopted through criminal law reforms such as the SPPA Law, which regulates restorative justice in the form of a diversion policy. Restorative justice can also be used in certain types of crimes, such as minor offenses, cases involving women in conflict with the law, and narcotics offenses. Second, the substance of Prosecutor's Office Regulation No. 15 of 2020 is primarily consistent with the concept of restorative justice. A number of provisions have prioritized the peace aspect by involving all parties, both victims and perpetrators, in a fair and impartial manner. The basic considerations, qualifications, and exceptions are also prepared proportionally while preserving the law and public interests in mind. As a result of this legal policy, the paradigm in criminal case settlement has shifted from a retributive (punishment) approach based on due process of law to one that is rehabilitative and restitutive based on a restorative justice approach.