Theory Of Law Enforcement Research Articles

Application of Restorative Justice in Settlement of Child Crime According to the Law Enforcement Theory and Progressive Law

Application of Restorative Justice in Settlement of Child Crime According to the Law Enforcement Theory and Progressive Law

Penegakan Hukum Pidana terhadap Praktek Prostitusi Terselubung pada Panti Pijat Tradisional di Indonesia

Traditional massage parlors have changed dramatically. Several traditional massage parlors in Indonesia have been in the spotlight in recent years due to the covert prostitution practices that occur in these places. This practice involves sexual services offered as part of traditional massage services, and it has become a serious problem affecting various aspects of society. The problem discussed is how the practice of covert prostitution in traditional massage parlors in Indonesia cannot be fully criminalized under Articles 296 & 506 of the Criminal Code and how criminal law is enforced against the practice of prostitution in covert massage parlors in Indonesia. The aim of this research is to analyze the practice of covert prostitution in traditional massage parlors in Indonesia which cannot yet be fully criminalized under Articles 296 & 506 of the Criminal Code and analyze criminal law enforcement against the practice of prostitution in covert massage parlors in Indonesia. The theories used in this thesis are law enforcement theory and legal certainty theory. The research method was carried out using a statutory approach which was carried out by examining all laws and regulations relating to the legal issues being handled as well as approaching cases that occurred in the practice of disguised prostitution in massage parlor activities. Problems in the Effectiveness of implementing Articles 296 and 506 of the Criminal Code in law enforcement against prostitution in massage parlors is very dependent on the joint efforts of various parties, availability of resources, and commitment to crack down on this crime consistently and fairly. According to the author, criminal law enforcement against the practice of prostitution in hidden massage parlors in Indonesia currently does not yet have full legal certainty in the application of Articles 296 and 506 of the Criminal Code and related laws. Furthermore, related to the law enforcement factor which is less than optimal, according to the author, the legal system in the crime of prostitution does not work properly, especially related to the legal culture of individual officers who have not made efforts to enforce the law. The suggestions in the research are the need for cooperation between the government, community sponsored organizations (NGO ),child protection institutions and civil society in dealing with the problem of prostitution and improving the legal culture or culture where there must be a mental improvement of government officials and law enforcement officials so that there are no more unscrupulous individuals playing in law enforcement efforts against hidden massage parlors under the guise of prostitution.

Mesterséges intelligencia és a rendészetelmélet

Aim: The aim of the publication is to demonstrate the usability of ChatGPT, which is widely available free of charge and quickly gaining popularity, at a general user level in the field of law enforcement theory and police science. Methodology: The paper shows the limitations and potential of the program by providing direct instructions to the system and the texts generated by the program without any changes, and by briefly explaining them. Findings: The revolutionary rise of artificial intelligence, in particular the general availability of large language models, has a major impact on police theory and could be a driver of future change, with both opportunities and threats. Artificial intelligence can play a major role in the scientific development of police theory, including all aspects of the establishment of law enforcement (professional publications, university education, professional organisations, tradition), but this requires the commitment of those working in the field. The programme under consideration currently has its limitations, but the exponential development that is expected will challenge the science of law enforcement theory, as well as law enforcement itself. Value: On the one hand, the author hopes that the publication will bring artificial intelligence, including ChatGPT, to prospective users who are eager to try and exploit it in their scientific work. On the other hand, it draws attention to the limitations of the current version of the programme.

Legal Protection of Childern as Perpetrators of Criminal Acts of Obscenity

The child protection is a fundamental human right. Every child is entitled to survival, development, participation, and protection from crime and discrimination. Legal protection for children involved in criminal acts, such as molestation, is governed by Law Number 11 of 2012 on the Criminal Justice System. This research utilizes Law Enforcement Theory and Law Protection Theory, adopting a normative juridical approach supported by empirical data. The study begins with an analysis of relevant legal articles and includes primary data to support secondary legal materials. The analysis aims to provide a prescriptive study with interpretive analysis. The findings reveal that legal regulations for child molestation cases, as in Decision Number 2/Pid.Sus-Anak/2022/PN Jkt Brt, are based on Article 82 paragraph (1) jo Article 76 E of Law Number 17 of 2016 and Article 64 paragraph (1) of the Criminal Code. Protection for child offenders is outlined in Article 71 paragraph (4) of the Child Protection Law and Article 3 of the Juvenile Criminal Justice System Law, emphasizing humane treatment and access to legal aid.

Analisis Yuridis Terhadap Penentuan Status Barang Bukti Pada Putusan Perkara Pidana Pengangkutan Mineral Tanpa Izin di Pengadilan Negeri Marisa

This study aims to review and analyze the judge's considerations in determining the status of evidence in the criminal case concerning the transportation of minerals without permission, as outlined in Decision Number 4/Pid.Sus/2023/PN Mar. Additionally, it seeks to examine the correlation between these judicial considerations and the application of criminal sanctions imposed on perpetrators of the crime of unauthorized mineral transportation in the same court decision. The research employs a normative juridical method. The findings indicate that the judge's considerations in determining the status of evidence in this case are consistent with the application of Law Enforcement Theory, Justice Theory, Criminal Responsibility Theory, Legal Certainty Theory, and Criminal Theory, and are based on the theories of punishment and criminal liability. The analysis demonstrates a close correlation between the judge's considerations regarding evidence and the application of criminal sanctions on the offenders, in alignment with Court Decision Number 4/Pid.Sus/2023/PN Mar.

The Effectiveness of Implementing Local Taxpayer Status Confirmation for Investors in the City of Blitar

This article discusses the effectiveness of confirming the status of regional taxpayers in Blitar City based on the Regulation of the Minister of Home Affairs Number 112 of 2016. This research uses Lawrence Meir Friedman's theory of the legal system and Soerjono Soekanto's theory of Law Enforcement. The results of the legal structure analysis show the success of the Regional Finance and Asset Management Agency (BPKAD) and the One-Stop Investment and Integrated Services Office (DPMPTSP) in coordinating and accessing tax applications, which significantly improves service efficiency. The legal substance of Regulation Number 112 of 2016 has proven effective as the basis for the Regulation of the Mayor of Blitar Number 73 of 2019. Legal culture analysis reveals effective public compliance with the taxpayer's status confirmation procedure before receiving services, without any protests. Thus, implementing the regulation in Blitar City can be considered successful, creating effective cooperation between related agencies, ensuring taxpayer understanding and compliance, and improving the quality of public services.

Authority of the Environmental Service in Combating Pollution Due to Burning of Waste in Tangerang City

Tangerang City Regional Regulation Number 2 Year 2022 on Waste Management contains technical regulations on waste management and a prohibition on burning waste that is not in accordance with the technical requirements of waste management. This research focuses on: How is the Implementation of the Authority of the Tangerang City Environment Agency over waste management that affects pollution caused by waste burning based on Tangerang City Regional Regulation Number 2 Year 2022? How are the Obstacles and Solutions of the Tangerang City Environmental Agency in overcoming pollution caused by waste burning in Tangerang City? The theories used are Authority Theory and Law Enforcement Theory. The method used is the empirical juridical approach method so that the author uses a qualitative and descriptive type of research. The results obtained are that the Tangerang City Environmental Agency is responsible for managing waste by inviting the community to participate in the waste bank and waste alms program and supervising and enforcing the law on this waste burning case. There are obstacles, namely the difficulty of monitoring the waste burning area, illegal trash bins, lack of public awareness. The suggestion is to conduct an analysis in the implementation of the regulation, increase supervision at points where waste burning often occurs, eradicate illegal trash bins, improve waste management by cooperating with organizations regarding the development of waste banks, inviting the public to participate in socialization and conduct waste alms

PENERAPAN PRINSIP HAK IMUNITAS ADVOKAT ATAS INTERPRETASI OBSTRUCSTION OF JUSTICE DALAM PERKARA PIDANA DI INDONESIA.


 
 
 
 An advocate is a person whose profession is to provide legal services both inside and outside the court which fulfills the requirements based on the provisions of the law/the role and function of an advocate includes work carried out in court regarding criminal or civil law matters. Advocates cannot be prosecuted civilly or criminally. carry out their duties in good faith, namely to defend the client's interests in the trial process. These provisions expressly state the protection or immunity of advocates against all legal claims if they are carrying out their duties to accompany their clients on condition that they are based on good faith. According to the explanation of Article 16 of the Law on Advocates, what is meant by good faith is carrying out professional duties for the sake of upholding justice based on the law. Then the scope of this principle was expanded through the Constitutional Court decision Number 26/PUU-XI/2013. However, in criminal cases, advocates who defend their clients often commit acts aimed at obstructing and impeding the criminal justice process, known as obstruction of justice. The problem formulated is how does the principle of advocate immunity rights apply to the interpretation of obstruction of justice in criminal cases in Indonesia? What is the legal protection for advocates' immunity rights when defending their clients in criminal cases in Indonesia?
 To answer the problems above, the author uses legal research with a normative juridical approach. The type of legal research carried out in this research is normative juridical where law is conceptualized as what is written in statutory regulations (law in books) or law is conceptualized as rules or Norms are standards for human behavior that are considered appropriate. The approach applied is the Statute Approach and the Case Approach. The theories used in this research are the Law Enforcement Theory from Soerjono Soekanto, the Legal Protection Theory from Satjipto Raharjo and Philipus M. Hadjon, and the Professional Ethics Theory Advocate.The results of this research show that; The application of the principle of the Right to Advocate Immunity should not be interpreted excessively by an advocate, let alone as a shield in acting on behalf of a client who is in conflict with the law and not based on good faith. This is so vulnerable to being hit by legal violations such as obstruction of investigations or another term, Obstruction Of Justice. If it is proven that an advocate is not carrying out his duties in good faith, then the Law on Advocates and also the Code of Ethics for Indonesian Advocates will not protect his Immunity Rights. According to him, advocates in carrying out their profession are carried out carefully, carefully, alertly, and accompanied by high dedication, so that they become law enforcement figures who uphold the law, maintain the credibility and good name of the profession, and the most important thing is that every action taken must be based on good intention.
 
 
 

Analisis Yuridis Putusan Hakim Terhadap Tindak Pidana Pencurian Dengan Pemberatan Yang Dilakukan Oleh Anak (Studi Kasus Putusan Nomor : 2/Pid.Sus-Anak/2022/PN.Brb)

Various criminal acts that occur in people's lives, one of which is the crime of theft which has recently been widespread and has increased in the mass media reports and electronic media. The crime of theft is really very disturbing security, order, welfare and greatly causes material and immaterial losses to the community. Therefore, it is necessary to immediately anticipate and deal with it by responding quickly and appropriately to its resolution through the applicable legal mechanism, by punishing the perpetrator/suspect with a sufficiently aggravated criminal threat, so that the crime of theft in question can be suppressed and minimized. In the court examination process in the application of criminal sanctions against the crime of theft in a burdensome situation by a child based on case Number 2/Pid.Sus-Anak/2022/PN. Brb, the problems were; a. What is the basis for the judge's legal considerations in passing a criminal decision against the crime of theft in a burdensome situation by a child and b. How is the content/order of the judge's decision against the crime of theft in a burdensome situation by a child. To answer the problem formulation listed above, the theory of sentencing, the theory of judges' legal considerations and the theory of law enforcement are used. This research is normative juridical and empirical juridical research. The type of data included primary and secondary law materials. Technique of collecting legal sources used was library study/document study on literature, legislation, and document, and also interview. From the results of the study, reflected in the basis of the judge's legal considerations in passing a criminal decision against the crime of theft in a burdensome situation by a child firearms against the defendant, with the decision to sentence the defendant to 4 (four) months, based on the decision of the case Number 2/Pid.Sus-Anak/2022/ PN.Brb. Whereas in Article 363 paragraph (2) of the Criminal Code which is violated the maximum penalty is 9 (nine) years. So it is felt that the application of the criminal decision is still very light and not optimal. The suggestion put forward is that the maximum sanctions should be given specifically to children who have repeatedly committed similar crimes as long as they are in accordance with the applicable legal provisions.

The Regulations of The Law Concerning Hate Speech Offenses

Objective: This research aims to examine the legal regulations of hate speech crimes in the ITE Law and the Indonesian Criminal Code (KUHP), and further explore the resolution of hate speech conflicts. Theoretical Framework: The theoretical foundations include Legal Certainty theory, Law Enforcement theory, and Legal Convergence theory concerning hate speech conflict resolution following the principle of legal certainty. Method: This study employs a qualitative normative approach (doctrinal) utilizing various legal instruments and indirect observation through conceptual, historical, legal, comparative, and case study approaches. Data collection involves literature review and field research through interviews. The data are analyzed qualitatively, generating descriptive data to reveal legal issues. Findings and Conclusion: The main findings indicate that Article 28 paragraph (2) of the ITE Law still leads to multiple interpretations. The absence of the term "incitement" allows subjective interpretation and constitutes a very broad formulation. A comparison of hate speech crimes in Article 28 Paragraph (2) Jo Article 45A Paragraph (2) of the ITE Law with Article 243 Paragraph (1) and Paragraph (2) of the new Indonesian Criminal Code shows significant differences in terms of elements of the crime, general criminal law principles, additional penalties, lower/proportional sanctions, public virtual domain, integrated codification, and expanded meanings. Originality/Value: This paper recommends urging the government to refine hate speech regulations to prevent multiple interpretations and emphasizes the need for guidelines in law enforcement application.

Urgensi Penggunaan Closed Circuit Television (CCTV) Dalam Mengungkap Tindak Pidana Pencurian

Technological developments have a positive role in handling and preventing crime in Indonesia, one of which is CCTV. This role is most relevant if it is related to criminal acts or theft crimes that occur in society. This article discusses the role of technology, especially CCTV, in disclosing criminal acts of theft. The research method used is normative juridical with a statutory approach and a legal concept approach in the form of law enforcement theory. CCTV has proven to be a very effective tool in uncovering crimes by recording incidents accurately and objectively, providing strong evidence at every stage of law enforcement, and even preventing criminal acts by making perpetrators feel watched. Legally, CCTV can be used as evidence or at least as an indication of the theft that occurred so that it is easier to find the perpetrator

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.

Penegakan Hukum Terhadap Perjudian Online Berdasarakan Undang-Undang Nomor 19 Tahun 2016 Tentang Informasi Dan Transaksi Elektronik

Gambling is a game where players bet using money to choose one option among several options where only one choice is correct and wins. Law enforcement against gambling is not optimal, gamblers and bookies are not punished according to applicable law, even though this gambling is clearly a criminal act that is against the law in Indonesia. The problems in this study are regarding Law Enforcement Based on Law Number 19 of 2016 Concerning Information and Electronic Transactions Against Online Gambling and What are the inhibiting factors in Law Enforcement Based on Law Number 19 of 2016 concerning Information and Electronic Transactions Against Online Gambling. This study uses Law enforcement theory from Lawrence Meir Friedman and Soerjono Soekanto's Inhibiting Factor Theory. The research method uses the type of empirical normative research. Research Results and Discussion: Law Enforcement Based on Law Number 19 of 2016 Concerning information and online gambling electronic transactions is to make preventive and repressive efforts. The inhibiting factors in law enforcement against online gambling are the legal factors themselves, human resource factors, facilities and community factors. The conclusions and suggestions in this study are that prevention efforts are needed by blocking sites that have gambling content as part of the government's efforts to eradicate online gambling crimes. Law enforcers should do more outreach to the public about the dangers of online gambling crimes.

Mediasi dalam Perspektif Teori Penegakan Hukum Goldstein

Law enforcement is basically divided into two types, litigation and non-litigation. Law enforcement by means of litigation is defined as law enforcement within the court mechanism, while for non-litigation it is considered as law enforcement outside the court. Currently, there is a shift in perspective from the public who are starting to resolve their legal issues in a non-litigation way, namely mediation. Goldstein's Law Enforcement Theory offers three types of law enforcement. The question then is what is meant by Goldstein's Law Enforcement Theory and mediation seen from the perspective of Goldstein's Law Enforcement Theory. This paper is of a juridical-normative type which uses a literature approach in its preparation. The conclusion is that Goldstein's Law Enforcement Theory divides law enforcement into three types:Total enforcement; Full enforcement; Actual enforcement. Furthermore, mediation will not eliminate the essence of law enforcement, it's just that in mediation, it must be limited what actions can be resolved by mediation in order to maintain public order

Konteksasi Ushul Fiqh dalam Hukum Nasional Indonesia: Pelestarian Laut dan Pengembangan Industri Wisata Bahari

This study aims to explain the context of ushul fiqh in Indonesian national law for the development of the marine tourism industry. consists of two issues, namely enforcement of Indonesian national law in the development of the marine tourism industry, and harmonization between ushul fiqh and Indonesian national law in the development of the marine tourism industry. This study uses a qualitative descriptive approach and data analysis with law enforcement theory, positive law theory and the theory of “maqasid al-shariah” in Islamic law. This research was conducted at a water location in Bone Regency for six months. The results of this study indicate that enforcement of Indonesia's national law for the development of the marine tourism industry is an effective strategy from the government to maintain balance and security of marine ecosystems from degradation, the northwest conservation area becomes a marine tourism industry in order to be more innovative and productive in improving the economy of fishing communities, prevent damage to the sea area as an ecosystem. The harmonization of ushul fiqh in Indonesian national law is in harmony through the study of "maslahah" both of which emphasize and promote safety, peace, happiness and comfort in the lives of humans and other creatures, while also prioritizing justice, stability and avoiding damage to the sea area for the development of the marine tourism industry.

Historical Forms of Just War Theory in Europe and Hungary

Just war thinking features the history of warfare from the beginning up to the 20th century. Just war thinking, however, did not have one unique frame, but it appeared in many forms. The theory of judgement of God, the mission-related theory, the law enforcement theory, the revolutionary, and finally, the regular war theory were the important forms of historical just war thinking. This article presents these theories and classifies them with the help of the main concepts of Saint Thomas Aquinas and the principal concepts of justice.

Role Victimology To Victim Violence In House Ladder in Women

Victims of criminal acts of domestic violence must receive legal protection so that their rights can be fulfilled and provide assistance to give victims a sense of security. The problem in this research is the legal arrangement for victims of domestic violence. This research is law enforcement theory and justice theory. This study uses normative research methods. The results and discussion of this study regarding legal arrangements for victims of domestic violence. Based on the principle or theory of law enforcement and the theory of unfair justice, the judge's considerations are to pay attention to the absence of justification and pardon and to impose a prison sentence of 4 years.

The Reality of Eradicating Corruption in Indonesia; A Comparative Legal Study

The purpose of this research is to find out and analyze the reality of eradicating corruption in Indonesia with a comparative legal review between positive law in Indonesia and Islamic law.This research is a descriptive-qualitative legal sociology research that explains the reality of the problem of eradicating corruption in Indonesia. The perspective used in analyzing and finding the ideal construction is Islamic Law with a conceptual approach, historical approach, comparative approach, case approach, and constitutional approach.The findings in this study outline that: First, the reality of corruption that occurs in Indonesia can be seen from the theory of law as a tool of social engineering and law enforcement theory, it is necessary to carry out reforms to encourage reform in society, the emphasis lies on the revision of laws and regulations so that the construction of a new society to be realized in the future through the enactment of laws and regulations in accordance with the needs of the community. Because a good law is a law that is extracted from the norms that live in the community. Second, the purpose of Islamic law is to protect religion, soul, mind, offspring, and property, and to protect the state from corruptive behavior. Efforts to eradicate corruption in the perspective of Islamic law are by providing social sanctions and ta'zir sanctions. prevention efforts can also be carried out by considering cultural aspects and educational aspects, both through formal, non-formal, and informal channels.

ISSUES OF IMPROVING CIVIL-LEGAL RELATIONS ARISING IN THE PROVISION OF MEDICAL SERVICES

In this article the issue of improving civil-legal relations arising in the provision of medical services is analyzed from a scientific-theoretical point of view, and the participation of the patient in civil-legal relations, who occupies the main place in the legal relations for the provision of medical services, was justified. In particular, based on the analysis of the patient's legal status from the point of view of civil law, proposals and recommendations on the theory of law enforcement were developed.

The Legality of Devious Cyber Practices: Readiness of Indonesia's Cyber Laws

The ever-expanding Indonesian cyberspace has ushered in significant economic growth to the country’s online business and e-commerce. This is due to the country’s rising internet penetration rate of 73% of its total population, with about 204 million people connected to the internet. This high connectivity has brought about several positive socio-economic opportunities but with other thorny issues like cybercrime, misinformation, cyber-induced intolerance, disinformation, trolling and cyber warfare. Despite the Indonesian government’s intervention with measures to regulate cyber activities, some devious cyber practices undefined in legal literature continue to be practiced, even passed as legitimate, sometimes leading to negative consequences. These practices are often conducted as organized operations that target populations to create mistrust and polarize the targeted population. Some are crafted as cyber warfare declared by entities within a country or from a foreign country targeting another’s populace, which poses a threat to social order. This paper explores these devious cyber practices and their strategies and mitigation possibilities. A sociological research approach coupled with the use of law enforcement theory was applied to study and analyze Indonesia’s cyber security law enforcement policies, the Internet and Electronic Transaction (ITE) Law, the Criminal Prosecution Act, the Constitutional law, civil society actors and private sector actors on cyber security. Indonesian law and international law, coupled with available technology, were reviewed for readiness to address threats posed by these devious cyber issues to social order. Measures taken by the Indonesian government are in readiness to combat these cyberspace issues in its jurisdiction but also present more questions on the proposals for reviews to the legislation and introduction of content monitoring systems, which risk being inappropriately deployed in censorships or suppression of legitimate freedom of expression.