Rethinking the Governance of Technology in the Digital Age

2021 ◽  
pp. 686-701
Author(s):  
Joëlle Webb
Keyword(s):  
Law Enforcement ◽  
Policy Instruments ◽  
Holistic Approach ◽  
Digital Age ◽  
Government Policies ◽  
Governance Mechanisms ◽  
Top Down ◽  
Security Risks ◽  
Law Enforcement Officials ◽  
Governance Institutions

The present chapter argues that, to harness the benefits of technology in the digital age, while mitigating the inherent security risks, it has become more pressing than ever to break down siloes between expert communities. Top-down governance alone cannot address all the security risks. Greater attention needs to be paid to horizontal governance mechanisms that bring together policymakers, the private sector, communities of users, law enforcement officials, and scientists. A holistic approach calls for an equal focus on anticipating the risks, seeking to prevent their occurrence, and building systemic capacities to recover from them. The chapter starts by discussing two illustrative security dilemmas—the first is about publishing scientific knowledge in the digital age and the second is the challenge posed by additive manufacturing. It then examines the limits of regulatory approaches to the proliferation of technologies of concern. Next, it presents an argument for an adaptation of norms, policy instruments, and governance institutions to enable societies to continue to enjoy the benefits of science and technology, while mitigating their risks. It concludes by giving examples of horizontal governance mechanisms that bring together policymakers, communities of users, law enforcement officials, and scientists, and by suggesting that such models should become more commonplace to inform government policies.

KONSEP RESTORATIVE JUSTICE MELALUI MEDIASI PENAL DALAM PENYELESAIAN PERKARA PIDANA BERMOTIF RINGAN PADA MASYARAKAT ADAT KAMPUNG KUALA GASIB DI KECAMATAN KOTO GASIB KABUPATEN SIAK

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
ELMA YANTI
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Indigenous People ◽  
Criminal Case ◽  
Criminal Cases ◽  
Legal Research ◽  
Direct Participation ◽  
Criminal Offenses ◽  
Differences Of Opinion ◽  
Law Enforcement Officials

The settlement of criminal offenses with mild motives can be carried out by reasoning penal mediation called the restorative justice approach, which focuses on the direct participation of perpetrators, victims and the community. The research that use in this study is sociological legal research (social legal research). The concept of restorative justice through reasoning penal mediation in the settlement of a mildly criminal case for the indigenous people of village kuala gasib in koto gasib siak, was carried out with the intermediary of the headman. Headman as customary village heads and as government administrators have an important role in creating peace efforts in resolving disputes that occur in the community, one of which is through the settlement of criminal cases by reasoning penal mediation with the concept of restorative justice. The constraints of the concept of restorative justice through reasoning penal mediation in the settlement of mildly criminal cases for the indigenous people of village kuala gasib in koto gasib siak are: a) The absence of a special law mediation of regulation, b) Lack of facilities and infrastructure in mediating, c) Lack of mediator skills for village head to reconcile the parties to the dispute, d) There are differences of opinion among law enforcement officials about the concept of restorative justice through penal mediation

Recommendations of The Ombudsman’s Dilemma: Between Law Enforcement Officials and Protection of Credibility

2018 ◽  
Vol 2 ◽  
pp. 1-12
Author(s):  
Dyah Adriantini Sintha Dewi
Keyword(s):  
Law Enforcement ◽  
Public Service ◽  
Public Services ◽  
Point Of View ◽  
Law Enforcement Officials ◽  
Muslim Majority ◽  
The Republic ◽  
The Government ◽  
The One ◽  
Oversight Body

The Ombudsman as an external oversight body for official performance, in Fikih Siyasah (constitutionality in Islam) is included in the supervision stipulated in legislation (al-musahabah al-qomariyah). Supervision is done so that public service delivery to the community is in accordance with the rights of the community. This is done because in carrying out its duties, officials are very likely to conduct mal administration, which is bad public services that cause harm to the community. The Ombudsman is an institution authorized to resolve the mal administration issue, in which one of its products is by issuing a recommendation. Although Law No. 37 of 2018 on the Ombudsman of the Republic of Indonesia states that the recommendation is mandatory, theombudsman's recommendations have not been implemented. This is due to differences in point of view, ie on the one hand in the context of law enforcement, but on the other hand the implementation of the recommendation is considered as a means of opening the disgrace of officials. Recommendations are the last alternative of Ombudsman's efforts to resolve the mal administration case, given that a win-win solution is the goal, then mediation becomes the main effort. This is in accordance with the condition of the Muslim majority of Indonesian nation and prioritizes deliberation in resolving dispute. Therefore, it is necessary to educate the community and officials related to the implementation of the Ombudsman's recommendations in order to provide good public services for the community, which is the obligation of the government.

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.

scholarly journals Developing a new national MDMA policy: Results of a multi-decision multi-criterion decision analysis

2021 ◽  
pp. 026988112098138
Author(s):  
Jan van Amsterdam ◽  
Gjalt-Jorn Ygram Peters ◽  
Ed Pennings ◽  
Tom Blickman ◽  
Kaj Hollemans ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Decision Analysis ◽  
Optimal Policy ◽  
Policy Instruments ◽  
Policy Instrument ◽  
Organised Crime ◽  
Sensitivity Analyses ◽  
Environmental Damage ◽  
Policy Model ◽  
Outcome Criteria

Background: Ecstasy (3,4-methylenedioxymethamphetamine (MDMA)) has a relatively low harm and low dependence liability but is scheduled on List I of the Dutch Opium Act (‘hard drugs’). Concerns surrounding increasing MDMA-related criminality coupled with the possibly inappropriate scheduling of MDMA initiated a debate to revise the current Dutch ecstasy policy. Methods: An interdisciplinary group of 18 experts on health, social harms and drug criminality and law enforcement reformulated the science-based Dutch MDMA policy using multi-decision multi-criterion decision analysis (MD-MCDA). The experts collectively formulated policy instruments and rated their effects on 25 outcome criteria, including health, criminality, law enforcement and financial issues, thematically grouped in six clusters. Results: The experts scored the effect of 22 policy instruments, each with between two and seven different mutually exclusive options, on 25 outcome criteria. The optimal policy model was defined by the set of 22 policy instrument options which gave the highest overall score on the 25 outcome criteria. Implementation of the optimal policy model, including regulated MDMA sales, decreases health harms, MDMA-related organised crime and environmental damage, as well as increases state revenues and quality of MDMA products and user information. This model was slightly modified to increase its political feasibility. Sensitivity analyses showed that the outcomes of the current MD-MCDA are robust and independent of variability in weight values. Conclusion: The present results provide a feasible and realistic set of policy instrument options to revise the legislation towards a rational MDMA policy that is likely to reduce both adverse (public) health risks and MDMA-related criminal burden.

How partisan politics influence government policies in response to ageing populations

2022 ◽  
Author(s):  
Yesola Kweon ◽  
Kohei Suzuki
Keyword(s):  
Life Course ◽  
Public Expenditure ◽  
Policy Instruments ◽  
Government Policies ◽  
Partisan Politics ◽  
Right Wing ◽  
Elderly Populations ◽  
Pension Coverage ◽  
Political Incentive ◽  
Ageing Populations

Since old-age programmes mitigate life-course risks that are relevant to individuals across socio-economic groups in ageing societies, all parties have a political incentive to support these initiatives. Nevertheless, pre-existing partisan commitments bind the policy instruments that parties use. Cabinet-level analyses of OECD economies demonstrate that left incumbency relies more on public expenditure than right-wing governments. What is more important is that, in the context of large elderly populations, pension coverage is greater under right-leaning governments, while pension replacement rates are higher in left-leaning governments. This shows that party behaviour related to life course-related policies cannot be explained by the conventional pro-expansion versus the pro-retrenchment partisan politics. Rather, a focus on partisan variation in the use of policy instruments is required.

‘Home, Sweet Home’: Managing Returning Foreign Terrorist Fighters in Germany, The United Kingdom and Australia

2018 ◽  
Vol 20 (3-4) ◽  
pp. 311-346 ◽  
Author(s):  
Kerstin Braun
Keyword(s):  
United Kingdom ◽  
Criminal Justice ◽  
Holistic Approach ◽  
Security Threats ◽  
Security Risks ◽  
Western Countries ◽  
The United Kingdom

Abstract Since 2011, the conflict in Syria and Iraq has seen unprecedented numbers of Westerners travelling to the region to support jihadist terror organisations, so-called Foreign Terrorist Fighters (‘FTFs’). However, since 2015, with Islamic State’s financial and territorial losses, the numbers of Western FTFs are dwindling and many are returning to their countries of origin. As a consequence, numerous countries are grappling with how to best manage potential security threats arising from returning FTFs. This article critically analyses legal and criminal justice strategies to address this phenomenon implemented in three Western countries from which a significant number of FTFs originate: Germany, the United Kingdom and Australia. It focuses on prosecution, prevention of re-entry and rehabilitation of returning FTFs. It suggests that a holistic approach focusing on punitive but also on de-radicalising and reintegrating measures is best suited to address the security risks FTFs pose long term.

scholarly journals ANAK NAKAL: DIVERSI DAN DILEMA PENERAPANNYA

2009 ◽  
Vol 39 (4) ◽  
pp. 418
Author(s):  
Eva Achjani Zulfa
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Law Enforcement Officers ◽  
Management Policy ◽  
Criminal Case ◽  
Judicial Process ◽  
Law Enforcement Officials ◽  
Discourse Management

AbstrakHandling problems through brat children and children who have problems with the law have occurred again when some kids sticking a gamble being arrested at near Soekarno Hatta Airport areas then processed into the judicial process. Diversion is a form of change the process by which a program can only take place on hold pre-adjudication in the criminal justice system. Forms of transfer or diversion of this case are indeed associated with the authority possessed discretion of law enforcement officers. Giddiness has appeared in the process of implementation of diversion by law enforcement officials, the search for forms of application of the criminal case handlingchild has become a growing discourse management. Policy taken toward the institution of criminal diversion not only becomes demand for law enforcement officers, but also must be institutionalized through plain legal mechanisms. It becomes author's concern to create more certain procedures to brighten solve on deviant children in this way

scholarly journals EFEKTIVITAS PENEGAKAN HUKUM TERHADAP PRODUSEN MAKANAN DI INDONESIA

2019 ◽  
Vol 1 (02) ◽  
pp. 146-161
Author(s):  
Ruli Purnamasari ◽  
Solihan Solihan ◽  
Viyola Azzahra
Keyword(s):  
Law Enforcement ◽  
Consumer Protection ◽  
Criminal Responsibility ◽  
Health And Safety ◽  
Food Products ◽  
Health Law ◽  
Legal Research ◽  
Consumer Protection Act ◽  
Food Law ◽  
Law Enforcement Officials

Abstrak   Efektivitas penegakan hukum terhadap produsen makanan berbahaya menuju Indonesia Sehat 2025 tersebut didasarkan apabila pelaku usaha memproduksi dan memperdagangkan produk makanan yang mengandung bahan kimia serta membahayakan kesehatan dan keselamatan konsumen, maka pelaku usaha/produsen melanggar Undang-Undang Nomor 36 Tahun 2009 tentang Kesehatan, Undang-Undang Nomor 18 Tahun 2012 tentang Pangan, Undang-Undang Nomor 8 Tahun 1999 tentang perlindungan Konsumen.  Penelitian ini merupakan penelitian hukum normative yang bertujuan untuk mengetahui Faktor yang mempengaruhi terhadap efektivitas penegakan hukum terhadap produsen makanan berbahaya menuju Indonesia Sehat 2025. Faktor hukumnya, yaitu lemahnya sanksi terhadap pelanggarnya, proses penanganan masalah berbelit-belit, kurang profesionalnya para aparatur penegak hukum dan kurangnya koordinasi antar penegak hukum. Tanggung jawab pidana produsen terhadap kerugian yang diderita konsumen akibat makanan berbahaya yang diproduksi, dipasarkan, ditawarkan dan diperdagangkannya, secara yuridis, dalam konsepsi Undang-Undang Perlindungan Konsumen dan peraturan perundang-undangan terkait lainnya.   THE EFFECTIVENESS OF LAW ENFORCEMENT ON FOOD MANUFACTURERS IN INDONESIA   Abstract   The effectiveness of law enforcement against dangerous food producers towards Healthy Indonesia 2025 is based on if business actors produce and trade food products that contain chemicals and endanger the health and safety of consumers, then the business actor/producer violates Law Number 36 of 2009 concerning Health, Law No. Law Number 18 of 2012 concerning Food, Law Number 8 of 1999 concerning Consumer Protection. This research is a normative legal research that aims to determine the factors that influence the effectiveness of law enforcement against producers of dangerous food towards Healthy Indonesia 2025. The legal factors are the weakness of sanctions against violators, the process of handling problems is complicated, the lack of professionalism of law enforcement officials and the lack of coordination between law enforcement. The producer's criminal responsibility for the loss suffered by the consumer due to the dangerous food produced, marketed, offered and traded, legally, in the conception of the Consumer Protection Act and other relevant laws and regulations.   Keywords: Effectiveness, Law Enforcement, Food Producers

scholarly journals Kedudukan Perempuan dalam Hukum Waris Adat Batak Toba

2018 ◽  
Author(s):  
Elpina
Keyword(s):  
Law Enforcement ◽  
Indigenous Peoples ◽  
Customary Law ◽  
Social Culture ◽  
Kinship System ◽  
Law Enforcement Officials ◽  
The Common ◽  
The Law ◽  
The Right ◽  
Political Economic

Customary law is the law of life (living low) that grow and develop in the midst of the community in accordancewith the development of society. Customary law who live in midst of ethnic Indonesia is very strategic to be knownand understood by law enforcement officials, legal observers and guidance in applying the appropriate legal andfair for Indonesian society. The common law does not give the right role and the same degree between men andwomen in life, social, culture, political, economic and domestic life and marriage property and inheritance.Landing directly above the law would cause problems among indigenous peoples, especially the indigenous peopleembrace patrilinieal or matrilineal kinship system, such as that experienced by the Batak people who mbracepatrilineal kindship systems knows in Toba Batak society is patrilineal system, which through the male lineage andis the next generation of his parents while girls not the generation of their parents, as a result of this system is veryinfluential on the position of girls in matters of inheritance.

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