Intrusive tech-enabled surveillance and ‘National Security’ secrecy: mounting concerns of mass snooping amid informational asymmetry

2020 ◽  
Author(s):  
Aryan Babele
Keyword(s):  
Big Data ◽  
Law Enforcement ◽  
National Security ◽  
Technological Innovations ◽  
Law Enforcement Agencies ◽  
Indian Government ◽  
Informational Asymmetry ◽  
The People ◽  
The Government ◽  
Mass Surveillance

Abstract The onset of technological innovations such as Big Data and Analytics is changing the ways in which law enforcement agencies police and investigate crimes in India. Pervasive technologies like smartphones, closed-circuit cameras, etc, coupled with such innovations have augmented abilities of law enforcement to identify, monitor and predict suspicious individuals and activities. However, the expansive adoption of intrusive technologies for law enforcement challenge the statutory and the constitutional limits on mass surveillance. Also, the government has not been forthcoming in disclosing details about the extent and the ambition of such surveillance technologies. The secrecy has resulted in an informational asymmetry between the people and the government which raises profound concerns of mistrust, transparency and public-accountability. This article examines the feasibility of the ‘national security’ argument that law enforcement agencies normatively use to justify such secrecy of their surveillance powers. They argue that such disclosures may negatively affect their investigational strategies and render them susceptible to circumvention, such that it may be a risk to ‘national security’. The article analyses such ‘national security’ secrecy claims that currently exist without any proper surveillance law and external oversight. The article seeks to recommend meaningful approaches to limit the over-broad ‘national security’ secrecy claims and initiate an informed public conversation on expansive tech-enabled surveillance practices of the Indian government.

scholarly journals CARUT MARUT PENEGAKAN HUKUM TERHADAP TINDAK PIDANA KORUPSI

2021 ◽  
pp. 1179
Author(s):  
Stefany Ismantara ◽  
Raden Ajeng Diah Puspa Sari ◽  
Cecilia Elvira ◽  
Rahaditya Rahaditya
Keyword(s):  
Law Enforcement ◽  
Common Knowledge ◽  
Secondary Data ◽  
Law Enforcement Officers ◽  
State Agencies ◽  
Public Officials ◽  
Law Enforcement Agencies ◽  
Abuse Of Power ◽  
The People ◽  
The Government

Corruption is the abuse of power for private gain that dangers various aspects in a country. Recently, corruption case that eroded the moral legitimacy of law enforcement officers had been revealed. The purpose of this article is to evaluate law enforcement against corruption by public officials in Indonesia as well as measures to overcome its problems effectively. The methodology used in this research is normative legal research which focused on secondary data approach. The injustice that includes weak sentencing regarding the bribery case of Pinangki Sirna Malasari had caught the public's attention for the lack of impactful sentencing. This injustice makes more potential corruptors who are ignorant of the law. Indonesia’s law enforcement agencies are considered to have high tolerance for corruption cases, and this principle of conditional justice has become common knowledge for the people. Corruption has the potential to destroy the nation’s morale, hinder economic development, and trigger anarchism. The government and society must synergize in instilling an anti-corruption mindset towards themselves and the younger generation. Surveillance towards government institutions must be strengthened with public participation. Intervention of president as the highest authority is needed when there’s injustice under his realm of authority. Formulation of a supporting legislation and establishment of anti-corruption institutions in every government or state agencies are needed. In order to create a government that is free of corruption, realization of anti-corruption law in Indonesia had to be done seriously. Korupsi adalah penyalahgunaan kekuasaan untuk kepentingan pribadi yang membahayakan berbagai aspek kehidupan. Belum lama ini, terkuak kasus korupsi yang mengikis legitimasi moral aparat penegak hukum. Karya tulis ini bertujuan untuk mengkaji bagaimana penegakan hukum terhadap tindak pidana korupsi oleh oknum pejabat publik di Indonesia, serta langkah-langkah pemberantasan korupsi secara efektif. Metode penelitian yang digunakan dalam penyusunan artikel ini adalah metode penelitian hukum normatif yang berfokus pengumpulan data sekunder. Ketidakadilan tuntutan hukum akan kasus penyuapan Pinangki Sirna Malasari menyita perhatian publik karena tuntutan pidana yang kurang memadai terlepas dari pelanggaran kode etik yang dilakukan sebagai aparat penegak hukum negara.. Jika ketidakadilan ini terus terjadi, akan muncul banyak koruptor potensial bebal hukum yang menjadi awal bagi kehancuran negara. Apabila implementasi penegakan hukum tidak maksimal, maka nilai dari hukum tersebut akan berkurang. Lembaga penegakan hukum di Indonesia dinilai memiliki toleransi yang tinggi terhadap kasus korupsi, dan prinsip keadilan bersyarat ini sudah menjadi pengetahuan umum bagi rakyat. Korupsi dapat menghancurkan moral bangsa, menghambat pembangunan ekonomi, serta memicu anarkisme. Pemerintah dan masyarakat harus bersinergi dalam menanamkan pola pikir anti korupsi terhadap diri sendiri dan para generasi muda. Transparansi dan pengawasan terhadap lembaga-lembaga pemerintahan harus diperkuat dengan adanya partisipasi masyarakat. Presiden sebagai pemegang kekuasaan tertinggi wajib turun tangan ketika terdapat ketidakadilan yang terjadi di bawah rumpunnya. Dibutuhkan perumusan legislasi yang mendukung dan pembuatan lembaga pemberantas korupsi di setiap badan penyelenggara negara. Demi mengusahakan suatu pemerintahan yang bersih dari korupsi, penegakan hukum atas tindak pidana korupsi di Indonesia harus direalisasikan dengan sungguh-sungguh.

scholarly journals LAW ENFORCEMENT OF ELECTRICAL AND ELECTRONIC WASTE SMUGGLING IN BATAM, INDONESIA

2017 ◽  
Vol 2 (1) ◽  
pp. 40
Author(s):  
FX.Joko Priyono
Keyword(s):  
Law Enforcement ◽  
Human Health ◽  
Electronic Waste ◽  
Economic Value ◽  
The Other ◽  
Law Enforcement Agencies ◽  
Bangalore City ◽  
The People ◽  
The Government ◽  
Electrical And Electronic Waste

Electrical and electronic waste (e-waste) are dangerous for human health and environment. The e-waste may comes from both external (import) and domestic industries. Batam as part of Indonesia jurisdiction have been a place of e-waste dumping. The e-waste mostly comes from Singapore. The rest is from Malaysia, Thailand, and Vietnam. The influx of electronic waste is done through smuggling at certain place. Police actually knows about the smuggling but not take any action. This crimes was backed up by any army and police. It reflects the ineffectiveness of law enforcement in Batam regarding e-waste smuggling. The ignorance causes the environment and human health is not well protected. Lack of understanding of legal knowledge by law enforcement agencies should be a particular concern for the government. On the other hand, for the people of Batam, e-waste still have economic value. Therefore, they don’t care about the menace of e-waste to human health and environment. The government should develop them in order to manage e-waste properly. The government may refer to the Government of India's Bangalore city with regard to how the people manage e-waste. 

scholarly journals INTERACTION OF LAW ENFORCEMENT AGENCIES WITH THE POPULATION AS A FACTOR OF NATIONAL SECURITY

2016 ◽  
Vol 2 (1) ◽  
pp. 0-0
Author(s):  
Алмас Канатов ◽  
Almas Kanatov ◽  
Максим Баранов ◽  
Maksim Baranov
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Fire Service ◽  
Economic Security ◽  
The State ◽  
Law Enforcement Agencies ◽  
The Public ◽  
The Republic ◽  
The Government ◽  
Political Security

Various forms of cooperation between law enforcement authorities and the public (civil society) in the fight against offenses in order to strengthen national security are detailed in the article. Among the law enforcement agencies the following authorities are highlighted: the prosecuting authorities, internal affairs bodies, state fire service, anti-corruption service and the service of economic investigations, which are operating in accordance with the legislative acts of the Republic of Kazakhstan. Certain aspects are researched, the principles for such interaction are proposed. Within counteract threats to national security the author fragmentarily emphasized in particular, social security, military security, political security, economic security, informational security and environmental safety. The role of inter-ministerial committees for prevention of offenses under the Government of the Republic of Kazakhstan and the public councils under law enforcement bodies was distinguished. The authors note that the participation of public organizations in law enforcement activities of the state is provided by the Plan of measures on realization of the State Program of further modernization of the judicial system of the Republic of Kazakhstan for 2014—2020. The mandatory learning of the basics of personal and public safety by citizens, involved in law enforcement activity and the need of methodological and logistical support is provided.

scholarly journals Analysis Principles Of Criminal Law In Article 72 Qanun Of Aceh No. 6 Of 2014 On The Jinayat Law

2020 ◽  
Vol 2 (4) ◽  
pp. 645
Author(s):  
Dhanar Dhono Vernandhie ◽  
Sri Kusriyah Kusriyah
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Legislative Process ◽  
Research Approach ◽  
Law Enforcement Agencies ◽  
The Rule Of Law ◽  
Sociological Factors ◽  
The People ◽  
The Republic ◽  
The Government

This study describes the applicability of Qanun of Aceh No. 6 of 2014 on the Jinayat law (Qanun of Jinayat) in the order of legislation in Indonesia. Therefore this study to analyze these issues, to examine the legality principle as stated in Article 72 of the Qanun of Jinayat and the rule of law by applying the Qanun of Jinayat. This study uses normative research approach, by analyzing the legal ingredients of primary legal materials, secondary and tertiary. The results and discussion of the research was that Qanun of Jinayat not contrary to the order of Indonesian legislation, both formal legislative process and substantive elements of the rule of law which includes setting legal subjects, actions and sanctions of criminalization. Applicability of Qanun of Jinayat also related to three factors, namely philosophical which is a reflection of the values of the people of Aceh, sociological factors are the result of legal politics of the Government of the Republic of Indonesia and the Free Aceh Movement and the factors juridical is the order of the constitution and legislation that higher. Qanun of Jinayat law enforcement requires the law enforcement agencies, particularly the police for continued and consistent enforcement in order to create legal certainty. Suggestions can be submitted is law enforcement-led policy-making and increased synergies between law enforcement agencies in law enforcement for action based on Qanun of Jinayat Jarimah regulated in Qanun of Jinayat.Keywords: Qanun of Jinayat in Aceh; Legality; Legislation; Law Enforcement.�

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

ANALISIS ABORSI DALAM PERATURAN PEMERINTAH NO. 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI

2018 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Ferry Fadzlul Rahman
Keyword(s):  
Law Enforcement ◽  
Reproductive Health ◽  
Government Regulation ◽  
Medical Emergency ◽  
Rape Victims ◽  
Negative Effects ◽  
Law Enforcement Agencies ◽  
Community Factors ◽  
Law Enforcement Officials ◽  
The Government

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form. Keywords: Abortion, , Reproductive Health

ANALISIS DEKRIMINALISASI ABORSI DALAM PERATURAN PEMERINTAH NO. 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI

2016 ◽  
Vol 2 (2) ◽  
pp. 80
Author(s):  
Ferry Fadzul Rahman
Keyword(s):  
Law Enforcement ◽  
Reproductive Health ◽  
Government Regulation ◽  
Medical Emergency ◽  
Rape Victims ◽  
Negative Effects ◽  
Law Enforcement Agencies ◽  
Community Factors ◽  
Law Enforcement Officials ◽  
The Government

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form.

Systematic Government Access to Private-Sector Data in Israel

2017 ◽  
Author(s):  
Omer Tene
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Attorney General ◽  
Law Enforcement Agencies ◽  
Competing Interests ◽  
Government Power ◽  
Protection Of Human Rights ◽  
Constitutional Right ◽  
The One ◽  
Sector Data

Israel is a democracy committed to the protection of human rights while at the same time trying to contain uniquely difficult national security concerns. One area where this tension is manifest is government access to communications data. On the one hand, subscriber privacy is a constitutional right protected by legislation and Supreme Court jurisprudence; on the other hand, communications data are a powerful tool in the hands of national security and law enforcement agencies. This chapter examines Israel’s attempt to balance these competing interests by empowering national security agencies while at the same time creating mechanisms of accountability. In particular, Israel utilizes the special independent status of the attorney general as a check on government power.

scholarly journals PENYELESAIAN KONFLIK PERTANAHAN PADA KAWASAN PARIWISATA LOMBOK (STUDI KASUS TANAH TERLANTAR DI GILI TRAWANGAN LOMBOK)

2014 ◽  
Vol 14 (2) ◽  
Author(s):  
Zainal Asikin
Keyword(s):  
Land Use ◽  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Land Dispute ◽  
The People ◽  
Agrarian Law ◽  
The Government ◽  
The Right ◽  
Lombok Island

This research is aimed at exploring an appropriate solution for various conflicts in land use, particularly in optimizing the utilization of the neglected land in Gili Terawangan, Lombok Island.  This solution is required to avoid potential horizontal conflicts among people, companies and government since 1993. Conflict over land in Lombok Island in general and Gili Terawangan particularly shows several factors; first, the wrong policy in the area of land (especially in tourist areas); second, the infirm attitude of the Party and the Government Land Office in the enforcement of laws; third, the jealousy of Gili Terawangan natives as cultivators; fourth, less responsibility employers (who acquire cultivating right); fifth, the absence of law protection for Gili Terawangan natives; sixth, the arrogant attitude of law enforcement officers. The comprehensive and final resolution to the conflicts of land use could only be achieved if: (i) the people, who already control and use or manage the land from time to time, are provided certainty on managing and optimizing the land based on the principles of welfare, justice, equity, efficiency and sustainability; (ii) the selection and determination of the companies that will be granted the right to cultivate (HGU) and the right to build (HGB) should be conducted based on the transparent principle. In this respect, the government could establish an independent team that involves all components of society and higher education.Key words: land dispute, tourism area, agrarian law.

scholarly journals “Divine Violence” After the Kharotabad Killings

2015 ◽  
Vol 1 (1) ◽  
pp. 4-11
Author(s):  
Syed Sami Raza
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Law Enforcement ◽  
Suicide Bombing ◽  
Law Enforcement Agencies ◽  
Local Media ◽  
Politics Of Aesthetics ◽  
Divine Violence ◽  
The Government ◽  
Cover Up

In 2011 the law enforcement agencies of Pakistan killed a group of foreigners traveling across Pakistan-Afghanistan border. The agencies then tried to cover up the incident by calling it a potential suicide-bombing attack. However, they could not succeed in the cover-up plan primarily due to a photograph of one of the killed aliens—a woman—that appeared on local media. In this photograph the alien woman is shown lying on the ground near a sandbag-covered check-post waving for mercy/justice. The photograph becomes viral on both electronic news and social media and impels the government to order an inquiry. In this article, I engage the concept of “divine violence” and explore the photograph’s politics of aesthetics, which I argue contextualizes the photograph’s meaning during a creative moment for human rights.

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