Terms Of Law Enforcement Research Articles

Criminal Responsibility Of Suspects And Victims Of Corruption In The Private Bribery Sector In Indonesia

Suspects and Victims of the Arbitrariness of Authorities in the Criminal Justice System Examining whether the Criminal Enforcement Process in the case of Corruption Crimes has been carried out correctly both in the order of Making Legal Norms and in terms of Law Enforcement. Correct and fair resolution of criminal cases is not only seen from the results of the verdict handed down by the judge. Rather, it is seen from the victim who is asked to be held accountable based on the principle of business judgments and is made a suspect for the business decisions he takes in the criminal justice system.. To realize the objectives of criminal justice within the framework of the criminal justice system, the criminal justice model that is guided is actually based on the due process of law. Whether the criminal justice is enforced from the start in accordance with the provisions of procedural law (due process of law) or not (undue process), if it has been implemented in accordance with the provisions of procedural law then the justice has implemented and upheld the ideology envisioned by the rule of law (Rechtstaat). and a democratic society. In order to uphold an honest criminal justice system from start to finish as a form of ideological commitment and justice for people who are dealing with criminal trials, whether suspects, witnesses or victims, this is the main or absolute goal. The aim of this research is to determine the responsibility of a suspect and victim as a manifestation of law enforcement ideology. The method used in writing this research is normative juridical using statutory and conceptual approaches.

Sanksi Pidana terhadap Pelaku Pedofilia Perspektif Undang-Undang Nomor 17 Tahun 2016 Tentang Perlindungan Anak dan Hukum Pidana Islam

Pedophilia is an outlet for sexual desires by taking underage children as objects. Acts of sexual violence are very disturbing because they can cause long-term physical and psychological trauma, and victims may become perpetrators in the future. Children as the next generation and the embryo of the nation's hopes have the same rights to live, grow and develop optimally and receive legal protection. In order to improve the handling of cases of sexual violence against children, in 2016 the government issued Law Number 17 of 2016 and it was passed as the second amendment to Law Number 23 of 2002 concerning Child Protection. The aim of this research is to find out what the criminal rules and sanctions are according to Law Number 17 of 2016 concerning Child Protection and Islamic Criminal Law and to compare the two rules. This research uses a type of library research (library research) with several approaches, a statutory approach (legislative approach), a comparative approach (comparative approach), and a conceptual approach. The results of this research are criminal sanctions for pedophilia perpetrators according to the law No. 17 of 2016 concerning Child Protection provides legal sanctions in the form of a minimum prison sentence of 5 years and a maximum of 15 years or a fine of Rp. 5,000,000,000.00 (five billion). According to Islamic criminal law, heterosexual pedophiles are subject to sanctions in the form of adultery, for homosexual pedophiles the death penalty, and takzir for pedophiles who do not fulfill several evidentiary requirements. The similarity between the two is that they both impose heavy sanctions on perpetrators, and the only difference is in terms of law enforcement.

Pertanggungjawaban Pidana Advokat Tanpa Mekanisme Pemeriksaan Kode Etik Advokat

Advocates in carrying out their profession are under the protection of laws, statutes and codes of ethics, which cannot be prosecuted before a court, either civil or criminal, as long as they have good faith in defending the interests of their clients. However, in practice, many Advocates are caught in criminal cases in carrying out their professional duties. The purpose of this study is to analyze and find out the characteristics of good faith referred to in article 16 of Law Number 18 of 2003 concerning Advocates in terms of law enforcement and legal protection for the advocate profession and criminal liability for the actions of advocates in carrying out their professional duties without going through the mechanism of examining the Code of Ethics. . The theory used to analyze is law enforcement theory, legal protection theory, and criminal responsibility theory. The writing method used is normative writing method, by analyzing a legal issue through laws and regulations, literature, and other reference materials. The results of this study are that the work of a legal advisor is a work of trust in good faith to rectify the problems faced by clients whose existence is regulated and protected by law. The criminal responsibility of an advocate who commits a crime in carrying out his profession must be seen from the mistakes made by the advocate so that he is seen as having committed an act that meets the elements of a crime which must be proven first through an examination of the code of ethics. The government and/or legislators must pay more attention to and scrutinize the formation of statutory regulations so that there are no overlapping rules and so that one law does not conflict with another. As well as to strengthen the profession, it is hoped that there will be a need for stricter and more precise rules that can be used as a legal umbrella in professional life.

Review of the Disparity of Judges' Decisions in Cases Narcotics Abuse

Criminal disparity is unequal sentencing which is dangerous in nature compared to without a clear justification. Judge's decision in juvenile criminal cases, in practice there is a disparity in sentencing. Therefore, the issue of sentencing is not only important for judges and the judicial process, but also for the legal process as a whole, especially in terms of law enforcement. Where in this case raises different criminal penalties among the children of the perpetrators of these crimes. Decision disparity cannot be separated from the judge's discretion to impose a sentence in a criminal case. a case. The approach to be used is a Juridical Sociological approach

RUSSIAN TOURIST ETHICS IN BALI: LAW ENFORCEMENT ASPECTS TOWARD SUSTAINABLE TOURISM

With millions of foreign tourists traveling the globe each year, tourism is regarded as the largest and most significant industry in the world. Mainstream operators with a large volume of inexpensive and affordable vacations dominate tour operations market. A specialty operator sector coexists with the mainstream market and offers niche products to remain competitive. This study aims to determine whether specialized tour operators of Russian market in Bali view green and sustainable tourism as a niche market potential. Green and sustainable tourism has gained popularity over the past ten years. It will delve into the idea of green and sustainable tourism, look at how the Russian tourist market specialist view consumer demand for green and sustainable vacations’ products, and identify the crucial qualities for green and sustainable Bali tourism operators in terms of law enforcement as it is stipulated in Regional Law of No 2 of 2012 on Bali Cultural Tourism. Whether specialized tour operators of Russian market who promote green and sustainable tourism travel feel they may obtain a competitive advantage at a high cost will be determined.

К вопросу о восприятии принципов права в разных концепциях правопонимания

The present research is devoted to the study of law principles perception in different legal understanding concepts. The purpose of work is to analyze the concept and place of law principles in the legal system within the framework of various types of legal understanding, and the tasks of work are the law principles perception in the natural law concept by R. Dworkin, the libertarian theory of law by V.S. Nersesyants, positivist and integrative legal understanding. It is substantiated that the law principles concept, the allocation of their types and the definition of their role in the legal system is largely due to the type of legal understanding, which the scientist is a supporter of. Emphasis is placed on the axiological component of the studied approaches in relation to the law principles. It is proved that the natural-legal, liberal, positivist and integrative types of legal understanding allow focusing on the aspects of legal reality associated with various kinds of ideas in the field of law. It is concluded that in terms of law enforcement, the positivist approach is of the greatest importance, since it allows the subjects of law not only to understand the main ideas embodied in the legislation, but also orients them towards the practical implementation of normatively defined law principles. Natural-legal, liberal and, to some extent, integrative approaches have theoretical and methodological value – they do not directly matter for the regulation of social relations, but form the legislator's idea of the value of certain ideas, the possibility of their consolidation in the texts of normative legal acts and hence their further practical implementation.

KEKUATAN PEMBUKTIAN ALAT BUKTI ELEKTRONIK DALAM PERADILAN PIDANA E-LITIGASI BERLANDASKAN NILAI KEADILAN

There are problems applying the principles contained in the Criminal Procedure Code, where the emergence of the Corona Virus Disease 2019 or Covid-19 at the end of 2019 had a major impact on the world. This virus has claimed many lives in Indonesia, which has the highest number of infected and dead in Southeast Asia. The Covid-19 virus itself, according to the World Health Organization (WHO) is transmitted through one of them through droplets of people who have been infected which cause obstacles in a number of face-to-face activities, one of which is in terms of law enforcement in Indonesia. Along with the development of this virus which has not shown a decline, the three finally had time to make a Memorandum of Understanding (MoU) contained in the cooperation agreement between the Supreme Court of the Republic of Indonesia, the Attorney General's Office of the Republic of Indonesia, the Ministry of Law and Human Rights of the Republic of Indonesia Number: 402/DJU/HM.01.1 /4/2020, Number : KEP-17/E/Ejp/04/2020, Number : PAS- 08.HH.05.05 Year 2020 concerning the Implementation of Trials Through Teleconference. As a result of this MoU, there is a change in the procedural law process in court. The development of the E-Court, which so far has only been limited to serving the administration of cases electronically by adding electronic services, has received legal protection based on the Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2019 concerning the Administration of Cases and Trials in Courts Electronically. E-court is a court instrument as a form of service to the community in terms of registering cases simultaneously with evidence in electronic courts, so if we refer to the criminal law of proof in a case, the existence of online or other names called E-Litigation is not in accorkemudiance with the theory of justice, where the theory of justice itself according to Aristotle understands justice in understanding equality

Policy Formulation of Criminal Actions Related To Binary Option Through The Criminal Justice System In Indonesia

The quality of technology and increasing globalization. Currently, there is a lot of investment using the Binary Option Trading model, where this practice has not been accommodated by the laws and regulations in Indonesia and has resulted in victims who suffer losses. This study aims to identify and understand the formulation policies of Binary Option Trading in Indonesia and the enforcement of Binary Option Trading laws in Indonesia. This research method is descriptive with the type of normative juridical research, using a statutory approach and a conceptual approach. Based on the results of the study showed that both organizers, Binary Options influencers and affiliates can be subject to multiple articles as regulated in the Criminal Code, the ITE Law, the Consumer Protection Law, and the Money Laundering Law. However, in the application of legal witnesses, it is important to note that criminal sanctions are the ultimum remedium, therefore it is important to apply other sanctions such as refunding losses, so that the goal of a fair sentence can be realized. In terms of law enforcement through prevention efforts, it should be prioritized, namely law enforcers must be active by carrying out integrated efforts, considering that it is an ordinary offense, so as to prevent the emergence of victims in the future. Therefore, it is important to apply other sanctions such as refunding losses, so that the goal of a just punishment can be realized. In terms of law enforcement through prevention efforts, it should be prioritized, namely law enforcers must be active by carrying out integrated efforts, considering that it is an ordinary offense, so as to prevent the emergence of victims in the future. Therefore, it is important to apply other sanctions such as refunding losses, so that the goal of a just punishment can be realized. In terms of law enforcement through prevention efforts, it should be prioritized, namely law enforcers must be active by carrying out integrated efforts, considering that it is an ordinary offense, so as to prevent the emergence of victims in the future.

Tax Imposition And Legal Enforcement On The Digital Asset Of Non-Fungible Token (NFT)

Non-Fungible Token (NFT) is a token on the blockchain network that is used as a token of authenticity in the ownership of digital work. Along with the development of NFT as one of the investment instruments in Indonesia, it certainly raises big questions in terms of taxation. The problems in this study include, how to regulate the imposition of taxes on digital NFT asset transactions and how to enforce the law if there is a taxpayer deviation from NFT digital asset transactions. This research method is qualitative and descriptive with a normative legal approach. The results of the study indicate that NFT digital assets do not have specific tax regulations in Indonesia, but in connection with the transaction being supported through cryptocurrency, the tax is imposed according to PMK Number 68/PMK.03/2022. In terms of law enforcement on tax payments on NFT digital asset transactions, administrative and criminal sanctions may be imposed in accordance with Law Number 28 of 2007 concerning General Provisions and Tax Procedures.

The Effectiveness Of Using Restorative Justice Against Minor Corruption Crime In Achieve The Ultimum Remedium

Corruption is a habit that has been going on continuously among the people of Indonesia. Not only does it harm state finances, but it also injures the social and economic rights of the community, so corruption is classified as a great crime and requires extraordinary measures. So in the context of rescue and reform that requires a state that is free from corrupt behavior, it can be realized through developing progressive and just laws. In response to the resolution of the settlement of criminal acts, the Indonesian Attorney General's Office has issued regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice which is the settlement of criminal cases by prioritizing recovery from a crime that leads to progressive criminal law. Then how is the effectiveness of restorative justice against minor corruption crimes in realizing the ultimum remedium as criminal law, which is used as a last resort in law enforcement? As such this study aims to determine the effectiveness of the use of restorative justice against minor corruption in realizing the ultimum remedium. The type of research in this study uses library research, with the nature of descriptive research, and uses a normative juridical approach. The results of this study conclude that the effectiveness of the use of restorative justice against minor corruption crimes focuses on strengthening regulations in procedural terms while still referring to state financial losses and the presence or absence of means rea (evil intent) in realizing the prevention of minor corruption crimes to be resolved by an out-of-court process as an ultimum remedium step or a last resort in terms of law enforcement. Restorative justice is a legal effort to offer a comprehensive and effective solution for minor corruption cases.

Democratic regression in Indonesia: Police and low-capacity democracy in Jokowi's administration (2014–2020)

Discussions about democratisation have often revolved around the strengthening or weakening phenomenon/notion of democracy. This research is a continuation of previous studies on democratic regression in Indonesia. Charles Tilly (2007) examined democratic regression from democracy and de-democratization theory through the concept of low-capacity democracy. Tilly's perspective argues a low-capacity democratic process occurred during the Joko Widodo administration in Indonesia from 2014 to 2020 when the state implemented the Police as a political instrument to maintain power. As a result, the character of the Police deviated from democratic principles, leading to a problem for police professionalism. The study employs qualitative methods, in which the primary data is obtained from in-depth interviews with several key informants. The secondary data is gathered from scientific works of literature and news in online media. This study indicates how low-capacity democracy developed through: first, the Indonesian regime's intervention and exercise of control by involving and appointing police officers to civilian positions; second, police repression against civil liberties; and third, the Police's justification for their authority and power. Thus, this study confirms Tilly's argument that a low-capacity democratic process occurs when democratic countries pursue undemocratic methods by manipulating the Police as an instrument to strengthen the power of the regime. The recommendation of this study is to strengthen democracy in terms of law enforcement by the supervision of parliament and supervisory institutions to retain the Police’s role as an independent law enforcement institution.

Differences in the practice of binding international law in Southeast Asian countries: How will it affect the stability of law enforcement?

Differences in the practice of binding international law in a sovereign state have different forms which are based on various theories of international law. As a result, each country has different perceptions even in terms of law enforcement. The study uses the library research method where the author refers to legal journals and certain books as well as the opinions of experts. However, in practice, the author prefers to refer to journals and books, because the sources from journals and books can be accounted for. The author also cites sources that have been mentioned through footnotes or footnotes. This study aims to analyze different legal practices in binding international law in Southeast Asian countries and their impact on law enforcement.

Issues of Authors’ Rights Protection of the Service Objects of Patent Rights

Most of the objects of patent law are created as service objects. At the same time, despite a rather detailed regulation of the legal regime of service inventions and other objects of intellectual rights in the Civil Code of the Russian Federation and clarification in judicial practice, problems both in terms of legal regulation and in terms of law enforcement in this area remain unsettled. The paper discusses the reasons for the refusal to recognize and regulate as service objects the objects of related rights, the problems of the relationship between the regime of service secrets of production (know-how) and objects of patent law, in respect of which the employer decided to keep information secret, the issues concerning the legal regime of service objects created with the help of artificial intelligence, as well as ensuring the author’s right for remuneration for a service object of patent law based on the amendments to Federal Law No. 456-FZ dated 22 December 2020 «On Amendments to Parts Two and Four of the Civil Code of the Russian Federation and the Invalidation of Legislative Acts (Certain Provisions of Legislative Acts) of the Russian Federation», etc. Conclusions are aimed at protecting the rights of authors-employees, in particular at the need to recognize authorship for an employee who created artificial intelligence, etc. Taking into account different points of view and the law enforcement practice, the author draws special attention to the issues of recognition of the official result of intellectual work created by the person superior to the employer operating on the basis of an employment contract (in the absence of a task, notification of the employer, etc.), which is established on the basis of the relationship between the work carried out by the director of the work and the creation of this object, as well as co-ownership of the exclusive right to a service object created by employees and authors who are not employees.

KONFLIK NORMA ANTARA ISNTRUMEN EKSTRADISI DAN INSTRUMENT DEPORTASI DALAM HAL PENEGAKAN HUKUM DI INDONESIA

Abstract
 The extensibility of law enforcement, in the international arena, enters the modern worldview, which is influenced by the increasingly easy flow of human migration, causing many criminals to move to other countries to avoid punishment in the country where they committed the crime. So law enforcement requires that law enforcement be possible against crimes outside the territorial country where the crime occurred, or the return of the perpetrator to the country where the crime was committed by him. The formulation of the problem under study is how the conflict of norms between the extradition instrument and the deportation instrument in terms of law enforcement in Indonesia. The research method is normative research. The conclusion is that there is a conflict of norms between the extradition instrument and the deportation instrument in terms of law enforcement in Indonesia that in cases that should have been extraditioned but carried out deportation, English translation. so that it is inconsistent with the principle of Lex Superior derogat legi inferiori in terms of substanceThe Extradition Regulation is superior where in article 36 paragraph (2) of the Extradition Law the authority to carry out extradition is in the hands of the president, while in general immigration arrangements in the Immigration-Law including deportations are within the authority of the Minister. English translation. In the level of authority, of course, the authority of the President can be considered superior to the authority of the Minister.English translation. 
 Keywords: Norms, Conflagration, Extradition, Deportation,

Tanggung Jawab Pidana Rumah Sakit Terhadap Pengelolaan Limbah Medis B3 Yang Meningkat Selama Pandemi Covid-19 Criminal Responsibility of Hospital Against Medical Toxic and Hazardous Waste Management That Increases During Covid-19 Pandemic

All types of all living and non-living creatures that are inhabiting this earth and including from the interior of this earth is an explanation of the term commonly referred to as the living environment. With the development of the era until now the world is experiencing an era called the Covid-19 pandemic, it is still often found that humans do not pay attention and understand that the environment has a very important role and this understanding is needed by all humans because of the attention and understanding of humans towards the environment. Life raises a consequence and action in the form of environmental management as a guide for managing various kinds of waste from factories, hospitals and daily waste. In particular, it is located in hospitals, which in this pandemic era produced more waste than before, which increased up to four times from before this pandemic, such as the use of medical equipment and equipment used to treat and treat patients infected with covid 19 which became waste categorized as toxic and hazardous waste. 
 Through legal issues, one problem formulation was drawn, namely How is the hospital's criminal responsibility for toxic and hazardous medical waste management according to the provisions of Legal number. 32 of 2009 concerning the protection and management of the environment. This research method uses normative legal research using three legal approaches, namely the statutory approach, conceptual approach, and case study.
 Based on the findings of this study, even though there are non-natural disasters, namely Covid-19, criminal responsibility must still exist or be enforced. However, the criminal provisions contained in a regulation can be a last resort, given the current urgent situation. constitution number 32 of 2009 concerning the Protection and Management of the Environment became the last means. This is also in accordance with the ultimum remedium principle which is one of the principles contained in Indonesian criminal law which states that criminal law should be used as a last resort in terms of law enforcement.

Law Enforcement, Security, and Transnational Crime

The border area between Indonesia and Malaysia is one of the border areas with a high transnational crime rate. Both the Indonesian and Malaysian governments have tightened the procedures to enter and leave the two countries' territory. However, the illegal movements of goods and people still occur frequently, caused by many rat runs connecting both countries. This paper uses a qualitative research method. The literature study was used as a method of collecting data in this study. This paper was made to determine the Indonesian government's progress in creating order and security for the people in the border areas from trans-border crimes. It is apparent that in terms of law enforcement, the Indonesian government strives to enforce rules based on the applicable customs laws without prejudice to the regulations of values and customary laws adhered to by communities of Indonesia and Malaysia. Through the Resort Police (Polres), the Indonesian government must pay attention to the provision of protection and services to their people in the process of enforcing the law. The Polres as investigators, coordinating with the Attorney to carry out the pre-prosecution stage of the perpetrators of crimes. The Polres is also coordinating with several related institutions, such as Customs and Excise and the Indonesian National Narcotics Agency (BNN), to better control the flow of illegal goods that enters and leaves Indonesia. Keywords: Law Enforcement; Security; Transnational Crime

PENYULUHAN HUKUM TENTANG EFEKTIFITAS PENANGANAN PELANGGARAN DALAM HAL PENEGAKAN HUKUM PADA PEMILU SERENTAK TAHUN 2024 DI KABUPATEN BANGKA SELATAN

The 2019 Simultaneous Regional Head Elections became an evaluation material in terms of law enforcement against election violations and criminal acts, the number of violations and the lack of active public participation in submitting reports of alleged violations became the starting point for the service team to carry out legal counseling. The methods used are (1) pre-activity by surveying the location of the extension, (2) implementation of activities using the lecture method from the presenter, (3) evaluation by discussion and question and answer. The conclusions of the implementation of this legal counseling include: (1) knowing technically knowing the procedures for conducting elections: (2) knowing the forms of election violations and crimes: (3) knowing problems that may arise in the upcoming elections. Recommendations from the implementation of this activity are the need for harmonization of regulations related to law enforcement in resolving disputes and election violations and it is hoped that the community will be more active in participating and supervising the 2024 democratic party.

Criminal Disparity in Law Enforcement to the Performers of Judi Togel in Simalungun Court State

Gambling cases, especially lottery gambling, are a type of gambling that is rife in society. Courts are the last bastion for attendance seekers. Justice is not merely a place to punish but to get justice. However, the fact is that there are disparities in court decisions on the same case, namely lottery gambling at the Simalungun District Court. As for the problem is: whyCriminal disparities occur in terms of law enforcement against lottery gambling perpetrators at the Simalungun District Court and what efforts that can be made so that there is no disparity in decisions in lottery gambling cases. The research used is juridical legal research, research on laws whose position is the norm, namely the provisions of gambling crimes as regulated in the Criminal Code. Where the imposition of crimes against the same article is inconsistent, there are even disparities.

Capabilities of the city government in combating COVID-19 in the city of Padang

The purpose of this research is to explain the capability of the Padang city government in dealing with Covid-19, where Padang City is one of the cities in West Sumatra whose level of spread of Covid-19 is quite worrying. This is based on the increase in the number of Covid-19 cases in the city of Padang when the New Normal policy began to be implemented. The low awareness of the community to implement health protocols is considered one of the factors for the soaring positive case of Covid-19 in the city of Padang. The theory that I use in this research is Disaster Management and Local Government Capability by Bevaola Kusumasari. The data collection method is qualitative, in the form of interviews and documentation. The results of this study indicate that the capability of the Padang City government in dealing with Covid-19 shows that the City of Padang has the ability to suppress the rate of positive Covid-19 numbers. However, Padang City is still weak in terms of law enforcement in dealing with Covid-19, because there are still people who violate health protocols.

Analisis Yuridis Tindak Pidana Korupsi Penggunaan Anggaran Dana Desa (Study: Putusan No.125/PidSus-TPK/2017/PN.MDN)

Whereas the regulation regarding corruption as regulated in Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 regarding the eradication of criminal acts of corruption cannot yet be said to be maximal and needs a lot of improvement, especially in terms of law enforcement. Whereas from the case analysis of the decision No. 125/Pid.Sus-TPK/2017/PN.MDN, basically the prosecutor's demands are very precise and the evidence is in accordance with the elements of the Corruption Eradication Law, but the judge in passing the verdict was impressed. less support from efforts to save and restore State finances. Whereas obstacles in the handling of corruption cases must exist and become obstacles in law enforcement, including the overlap between one article and another in the corruption law and the inconsistency between regulations in handling corruption cases.