scholarly journals The sinking ship policy to the perpetrator of illegal, unregulated and unreported fishing in criminal law perspective

2018 ◽  
Vol 47 ◽  
pp. 06002 ◽  
Author(s):  
Agus Raharjo ◽  
Tedi Sudrajat ◽  
Rahadi Wasi Bintoro ◽  
Yusuf Saefudin
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Research Method ◽  
Low Cost ◽  
Presumption Of Innocence ◽  
Iuu Fishing ◽  
Pros And Cons ◽  
Fisheries Law ◽  
Legal Consequences

The sinking ship policy by Minister Susi Pudjiastuti to the perpetrator of illegal, unregulated and unreported (IUU) fishing in the territorial sea of Indonesia raises the pros and cons from many perspectives. The policy background and policy legal consequences in criminal law perspective are the problems that will be discussed in this article. The research method is normative and empirical research. The results showed that the policy comes since the previous Government let perpetrators of the theft of fish in the sea of Indonesia. This caused losses for Governments as well as the fishermen who technically cannot compete in terms of fishing technology. The sinking ship policy also made due to the slowness of criminal justice cases against illegal, unregulated and unreported fishing in Indonesia which obviously does not comply with the principle of quick, simple and low cost justice. However, this policy is problematic in criminal law perspective, especially against the application of presumption of innocence principle and the proof process in criminal justice. Therefore, there needs to be laws that can be used as a guide and protector for this policy. Thus there is no problem in the future and instead become a breakthrough in fisheries law enforcement..

scholarly journals THE MODEL OF CORRUPTION COURT BASED ON IT IN THE ARCHIPELAGO PROVINCE AS A QUICK, LOW COSTS, AND SIMPLE IMPLEMENTATION PROCESS

2017 ◽  
Vol 6 (1) ◽  
Author(s):  
Sulistyanta ◽  
Aksi Sinurat ◽  
Jauhari Effendi ◽  
Fatma Ayu Jati Putri
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Low Cost ◽  
Implementation Process ◽  
Criminal Court ◽  
Long Time ◽  
Simple Implementation ◽  
Provincial Capital ◽  
Low Costs

<p align="center"><strong>ABSTRACT</strong></p><p>The enactment of Law no. 46 Year 2009 about corruption court, is authorized to examine and decide the crime of corruption cases proposedby KPK or Prosecutor (State and High). Based on Article 35 paragraph (1) jo paragraph (4) of Law Number 46 of 2009, confirmed that corruption courts (TIPIKOR courts) are only located in each provincial capital whose jurisdiction covers the province concerned. By this provision, the Prosecutor Office in each district/city must transfer the corruption cases to the Corruption Court in the provincial capital. There are the problems as the following: first one, Is the process of criminal justice in the archipelago province like NTT able to fulfill the judicial principle of quick, low cost and simple?; second one, Is this condition not an obstacle in the process of criminal law enforcement in NTT?; The result of this research is that the Corruption Court in Kupang, conducted by several Prosecutor Offices, the samples do not meet the judicial principles of quick, low costs and simple. The obstacles besides spending much expenses, there are other factors such as weather, intentionally neglect the obligation as the experts, witnesses due to long time and high expenses.  Law enforcement becomes less maximal due to the existing budget, and it can only be done by a minimal law enforcement process with a fairly expensive cost.                                   </p><p><strong><em>Keyword (Keywords): Trial, </em><em>Criminal Court</em><em>,</em><em> TIPIKOR,</em><em> Archipelago, Expenses incurred.</em></strong></p>

scholarly journals THE MODEL OF CORRUPTION COURT IN THE ARCHIPELAGO PROVINCE WITH LOW COSTS, QUICK, AND SIMPLE PROCESS OF IMPLEMENTATION

2017 ◽  
Vol 6 (1) ◽  
Author(s):  
Sulistyanta , ◽  
Aksi Sinurat ◽  
Jauhari Effendi ◽  
Fatma Ayu Jati Putri
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Low Cost ◽  
Criminal Court ◽  
Simple Process ◽  
Long Time ◽  
Provincial Capital ◽  
Low Costs ◽  
Crime Of Corruption

<p align="center"><strong>ABSTRACT</strong></p><p>The enactment of Law Number 46 of 2009 about Corruption Court, is authorized to examine and decide the crime of corruption cases proposedby KPK or Prosecutor (State and High). Based on Article 35 paragraph (1) jo paragraph (4) of Law Number 46 of 2009, confirmed that corruption courts (TIPIKOR courts) are only located in each provincial capital whose jurisdiction covers the province concerned. By this provision, the Prosecutor Office in each district/city must transfer the corruption cases to the Corruption Court in the provincial capital. There are the problems as the following: first one, Is the process of criminal justice in the archipelago province like East Nusa Tenggara (NTT) able to fulfill the judicial principle of quick, low cost and simple?; second one, Is this condition not an obstacle in the process of criminal law enforcement in NTT?; The result of this research is that the Corruption Court in Kupang, conducted by several Prosecutor Offices, the samples do not meet the judicial principles of quick, low costs and simple. The obstacles besides spending much expenses, there are other factors such as weather, intentionally neglect the obligation as the experts, witnesses due to long time and high expenses.  Law enforcement becomes less maximal due to the existing budget, and it can only be done by a minimal law enforcement process with a fairly expensive cost.                                 </p><p>Keyword (Keywords): Trial, Criminal Court, TIPIKOR, Archipelago, Expenses incurred.</p>

scholarly journals Konsepsi Hukum Progresif dalam Pengaturan Tindak Pidana Korupsi di Indonesia

2020 ◽  
Vol 1 (2) ◽  
pp. 35-39
Author(s):  
Efraim Mbomba Reda ◽  
I Nyoman Putu Budiartha ◽  
I Made Minggu Widyantara
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Role Models ◽  
Research Method ◽  
Criminal Code ◽  
Legal Positivism ◽  
Sociology Of Law ◽  
Legal Certainty ◽  
Legal Research ◽  
Descriptive Method

Progressive law puts forward the sociology of law rather than legal certainty which is the focus of legal positivism. In Indonesia, this law was coined by Satjipto Rahardjo. This study aims to determine the formulation of progressive law in future criminal law, and to determine the actualization of the concept of progressive law in regulating corruption in Indonesia. The research method used is a normative legal research method with statute and conceptual approaches. The technique of collecting legal materials in this study is a descriptive method that aims to obtain the meaning of reality related to the problems to be discussed and solved in this study. The results show that in the current Criminal Code Bill, progressive law has been regulated, to be precise in Article 2 paragraph (1) and (2). Progressive law is also regulated in Law no. 48 of 2009 concerning Judicial Power. Then, the actualization of progressive law in regulating corruption in Indonesia is a judge with the powers that take into account the sociological context of society in making decisions. Judges, prosecutors and lawyers can certainly discuss together in eradicating corruption. Efforts are also being made to reconstruct and redefine the power of law enforcement. This arrangement can also encourage the KPK to be more progressive in eradicating corruption, as well as building law enforcers who have morality so that they can become role models and increase public participation, for example by forming NGOs in preventing or fighting corruption in various agencies.

scholarly journals URGENSI DAN PENGATURAN UU TENTANG CONTEMPT OF COURT UNTUK MENJAMIN HARKAT, MARTABAT DAN WIBAWA PERADILAN

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
Aditya Wisnu Mulyadi
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Research Method ◽  
Criminal Procedure ◽  
Court Decisions ◽  
Judicial Process ◽  
The Press ◽  
The Supreme Court ◽  
The Law ◽  
Good Attitude

The phenomenon of the Contempt of Court is an event that is rife in Indonesia lately. It is considered to reduce the dignity, majesty and authority of the judiciary and its apparatus. Particularly the dignity and authority of the judge. Attitudes and actions displayed by the search for justice, legal practitioners, the press, political and social organizations, NGOs, academics, judicial commission, as well as various other parties in such a way can be categorized injure the dignity, majesty and authority of the judiciary, good attitude and actions directed against the judicial process, judicial officials, as well as court decisions. Lack of strict legal instruments and adequate to serve as guidelines and benchmarks to judge such a phenomenon is made Contempt of Court always the case. View of the judge is an arm of God would have been contrary to Contempt of Court. The judge in charge of prosecuting and providing justice for justice seekers should not accept the bad treatments. This study is based on normative research method using statutory approach and conceptual approaches. Legislation that used is Law No. 4 of 1985 on the Supreme Court, Code of criminal law, the law book of the law of criminal procedure, the draft book of the Criminal Justice Act 2012 and draft the Code of Criminal Procedure 2012. This research is expected to contribute significantly for the creation benchmarks and appropriate guidelines in terms of the establishment of regulations and legislation on Contempt of Court Act

Criminal Justice beyond National Sovereignty. An Alternative Perspective on the Europeanisation of Criminal Law

2015 ◽  
Vol 23 (1) ◽  
pp. 11-31 ◽  
Author(s):  
Jannemieke Ouwerkerk
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Primary Concern ◽  
National Sovereignty ◽  
The Past ◽  
Alternative Perspective ◽  
Recent Developments ◽  
Criminal Matters ◽  
Judicial Protection

Over the past few decades the competences of the eu to enact legislation in criminal matters have significantly increased. Member States and criminal law experts have raised concerns: to what extent can national sovereignty and domestic interests regarding criminal justice be preserved? This paper argues that the perspective of national sovereignty should not be the primary concern in criminal justice affairs in the eu. It is proposed that eu legal measures in this area are primarily judged on whether they in their entirety contribute to a reasonable balance between effective law enforcement and adequate judicial protection of individuals. From this perspective, recent developments potentially contribute to redressing the balance in eu criminal law.

Calibration of a Triaxial, Consumer-grade Magnetometer via an Extended Two-step Methodology

2020 ◽  
Author(s):  
Rogério P. Menezes Filho ◽  
Felipe O. Silva ◽  
Leonardo A. Vieira ◽  
Lucas P. S. Paiva ◽  
Gustavo S. Carvalho
Keyword(s):  
Law Enforcement ◽  
Hardware Implementation ◽  
Inertial Sensors ◽  
Film Industry ◽  
Low Cost ◽  
External Information ◽  
Navigation Systems ◽  
Smartphone Applications ◽  
Pros And Cons ◽  
Position And Orientation

Humans have always had the necessity of estimating their location in space for various reasons, e.g. hunting, traveling, sailing, battling, etc. Today, many other areas also demand that information, such as aviation, agriculture, multiple smartphone applications, law enforcement, and even film industry, to mention but a few. Estimating position and orientation is known as navigation, and the means to achieve it are called navigation systems. Each approach has its pros and cons, but sometimes it is possible to combine them into an improved architecture. For instance, inertial sensors (i.e. accelerometers and gyroscopes) can be integrated with magnetometers, producing an Attitude and Heading Reference System (AHRS); this process is referred to as sensor fusion. However, before sensors can be used to produce the navigation solution, calibration is often necessary, especially for low-cost devices. In this study,we perform the calibration of a triaxial consumer-grade magnetometer via an extended two-step methodology, correct small mistakes present in the original paper, and evaluate the technique in a restricted motion scenario. This technique can be implemented in-field, simply by rotating the sensors to multiple orientations; the only external information necessary is the local Earth's magnetic field density, easily estimated through reliable models. The error parameters, i.e. biases, scale factors, and misalignments, are indirectly estimated via a least squares algorithm. The calibration is first performed through software simulation, followed by hardware implementation to validate the results.

Overcoming of Corruptogenic Factors of Criminal Legislation: Concept and Main Methods

10.12737/5503 ◽  
2014 ◽  
Vol 2 (9) ◽  
pp. 68-75
Author(s):  
Сергей Иванов ◽  
Sergey Ivanov
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Positive Role ◽  
Legal Nature ◽  
Rational Explanation ◽  
Definition Of ◽  
Criminal Matters ◽  
Criminal Legislation

This article deals with the definition of overcoming the corruptogenic factors of the criminal law; notes its positive role in combating corruption in the criminal justice and highlights the main features: universality, casuistry, functional character, law-enforcement level of the implementation. This article discusses some of the most important ways of overcoming the corruptogenic factors of the criminal law: the uniformity of practical activity (the same understanding and application of the criminal law to all situations with a similar set of actual data and identical criminal-legal nature); motivation (rational explanation subject to enforcement activities of the reasons and circumstances underlying the decision on this or other legal and penal question) and formalization of the decision-making (development and implementation of the criminal law or court practice on certain criteria that must underlie the adoption of any authority of any decisions in criminal matters and to narrow the scope of his discretion); raising the level of legal awareness of subjects of criminal-law relationships.

A Research Evaluation of the Israeli New Pretrial Detention Act

2001 ◽  
Vol 35 (2-3) ◽  
pp. 266-284 ◽  
Author(s):  
Hagit Lernau
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Process Model ◽  
Due Process ◽  
Crime Control ◽  
Research Evaluation ◽  
Law System ◽  
Justice Process ◽  
The Law

One of the most influential attempts to describe and comprehend the criminal law system is Packer's celebrated notion regarding the “Two Models of the Criminal Justice System.” Packer regards the criminal justice process as an image constantly shifting between two conflicting models — the “Crime Control Model” and the “Due Process Model” of criminal law. The first model strives to create an effective criminal system that will protect society's right to peace and safety. This aim may be achieved by emphasizing the earlier, informal stages in the law enforcement procedure, namely, police investigation and the decision to prosecute. The second model aims to ensure that the law enforcement process, which is one of the most coercive powers of the state, will be conducted in a lawful manner that will protect suspects and defendants from both intentional wrongdoing and from unintentional mistakes.

scholarly journals Criminal Enforcement Law Policy for Corporate

2019 ◽  
Vol 35 (2) ◽  
Author(s):  
Dinh Thi Mai
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Enforcement Policy ◽  
Corporate Criminal Liability ◽  
Enforcement Policies ◽  
Legal Entities

Corporate criminal liability remain a very new issue for Vietnam's criminal justice background. Criminal judgment execution and criminal enforcement policy for corporate in Vietnam are still in the process of formulating and forming policies. Therefore, in this article, we study and discuss four factors that are considered the main pillars of criminal law enforcement policies for criminal, including: (1) Impact object of criminal law enforcement policy on corporate; (2) Object of criminal law enforcement policy for corporate; (3) Subjects of criminal law enforcement policies for corporate legal entities; (4) Forms and measures of criminal law enforcement policy for corporate. Keywords: Criminal law enforcement policy; corporate criminal; impact object; object; subject; form and measure of policy. References: Đỗ Đức Hồng Hà (2019). Nhận diện pháp nhân thương mại trong Luật Thi hành án hình sự (sửa đổi). Hội thảo khoa học về Chính sách pháp luật thi hành án hình sự: Những vấn đề lý luận và thực tiễn cấp bách, Học viện Khoa học xã hội, tháng 4 năm 2019.[2] Đinh Thị Mai (2019). Các yếu tố tác động tới chính sách pháp luật thi hành án hình sự đối với pháp nhân thương mại phạm tội. Hội thảo khoa học Chính sách pháp luật thi hành án hình sự: Những vấn đề lý luận và thực tiễn cấp bách, Học viện Khoa học xã hội, tháng 4 năm 2019.[3] Ngô Đức Minh (2019). Trình tự, thủ tục thi hành án và các biện pháp bảo đảm thi hành án cấm kinh doanh, cấm hoạt động trong một số lĩnh vực đối với pháp nhân thương mại. Phiên tọa đàm về thi hành án hình sự đối với pháp nhân thương mại, ngày 28/2-01/3/2019, Ủy ban tư pháp của Quốc hội.[4] Đậu Anh Tuấn (2019). Cơ quan quản lý nhà nước lĩnh vực hoạt động của pháp nhân thương mại và xác định trách nhiệm của cơ quan quản lý nhà nước trong thi hành án đối với pháp nhân thương mại. Phiên tọa đàm về thi hành án hình sự đối với pháp nhân thương mại, ngày 28/2-01/3/2019, Ủy ban tư pháp của Quốc hội.[5] Quốc hội (2015). Bộ luật Dân sự năm 2015.[6] Quốc hội (2014). Luật Doanh nghiệp năm 2014.[7] Văn phòng Quốc hội (2013). Văn bản hợp nhất Luật Chứng khoán số 27/VBHN-VPQH ngày 18 tháng 12 năm 2013. [8] Văn phòng Quốc hội (2013). Văn bản hợp nhất Luật Kinh doanh bảo hiểm số 12/VBHN-VPQH ngày 23 tháng 7 năm 2013. [9] Văn phòng Quốc hội (2018). Văn bản hợp nhất Luật Đầu tư số 06/VBHN-VPQH ngày 29 tháng 6 năm 2018.  

scholarly journals REKONSEPTUALISASI TAFSIR ASAS PRADUGA TAK BERSALAH

2018 ◽  
Vol 4 (1) ◽  
Author(s):  
A. Saiful Aziz
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Procedure ◽  
Presumption Of Innocence ◽  
Legal Basis ◽  
Preventive Effort ◽  
Procedure Code ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Basic Philosophy

ABSTRAK            Asas praduga tak bersalah dianggap  hanya  untuk  dan  berlaku bagi kegiatan yang berkaitan  dengan  proses  peradilan pidana. Sehingga terjadi ketidakpedulian masyarakat terhadap asas tersebut. Asas  praduga tak bersalah  di  Indonesia  dulu terdapat  di  dalam  Pasal 8 Undang-Undang No. 14 Tahun 1970 tentang Ketentuan-Ketentuan Pokok Kekuasaan Kehakiman. Meskipun tidak secara eksplisit menyatakan hal yang sama, asas tersebut  diutarakan  di  dalam  Pasal 66 Undang-Undang No.8 Tahun 1981 tentang Kitab Undang-Undang Hukum Acara Pidana (KUHAP).Penegakkan hukum merupakan salah satu upaya untuk menciptakan tata tertib, keamanan dan ketentraman dalam masyarakat, baik itu merupakan usaha pencegahan maupun merupakan pemberantasan atau penindakan setelah terjadinya pelanggaran hukum. Untuk mencapai sasaran tersebut maka peraturan perundang-undangan menjadi dasar hukum bagi langkah dan tindakan dari penegak hukum harus sesuai dengan dasar falsafah negara dan pandangan hidup Bangsa Indonesia yaitu Pancasila dan Undang-Undang Dasar 1945 (UUD 1945). Dengan demikian, Perlunya rekonseptualisasi atas tafsir asas praduga tidak bersalah (presumption of innocence) yang selama ini dianut KUHAP.        Kata kunci: Tafsir, Asas, Praduga tidak Bersalah.                                               AbstractThe principle of innocence presumption is presumed only for and applicable to activities relating to the criminal justice process. So there is a lack of concern for the community towards the principle. The principle of innocence presumption in Indonesia was previously contained in Article 8 of Law no. 14 of 1970 on the Basic Provisions of Judicial Power. Although it does not explicitly state the same, the principle was articulated in Article 66 of Law No.8 Year 1981 on the Criminal Procedure Code (KUHAP).Law enforcement is one of the efforts to create order, security and peace in society, whether it is a preventive effort or is the eradication or repression after the violation of law. To achieve these targets, the legislation should be the legal basis for the actions and actions of law enforcers to be in accordance with the basic philosophy of the state and the Indonesian life view of Pancasila and the 1945 Constitution (1945 Constitution). Thus, the need for a reconceptualization of the interpretation of the presumption of innocence principle adopted by the Criminal Procedure Code.Keywords: Tafsir, Principle, Presumption Presumption of Innocence

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