Are we on the Road to a European Law-Enforcement Area? International Cooperation in Criminal Matters. What Place for Justice?

2000 ◽  
Vol 8 (1) ◽  
pp. 51-60 ◽  
Author(s):  

No Abstract

1979 ◽  
Vol 23 (1) ◽  
pp. 263-266
Author(s):  
Douglas H. Harris

Visual cues were identified and procedures were developed to enhance on-the-road detection of driving while intoxicated (DWI) by police patrol officers. Related research was reviewed; police officers with demonstrated effectiveness in DWI detection were interviewed; DWI arrest reports were analyzed; and a study was conducted to determine the frequency of occurrence and relative discriminability of potential visual cues. Based on the results, a DWI detection Guide was developed; the Guide is currently being verified and evaluated in a field-study involving a sample of 10 law enforcement agencies.


2018 ◽  
Vol 28 (1-4) ◽  
pp. 161-179
Author(s):  
Els De Busser

Any crime could generate digital evidence. That is a reality law enforcement authorities across the world need to face. The volatile and “unterritorial” nature of the evidence means that international cooperation in criminal matters is confronted with new questions. One of these questions is whether the traditional cooperation mechanism, mutual legal assistance, is a viable way of working. Due to its time-consuming and cumbersome functioning combined with the lack of a faster alternative, countries have developed unilateral and extraterritorial methods of evidence gathering. This paper zooms in on this development and the risks it entails.


2021 ◽  
Vol 2 (1) ◽  
pp. 49-58
Author(s):  
Rissa Afni Martinouva

Road users other than online public transportation must also be given legal protection and together enjoy the convenience of traffic facilities. Drivers are required to concentrate while driving a vehicle. This is regulated in Law Number 22 of 2009 concerning Road Transportation Traffic, Article 106 that everyone driving a motorized vehicle on the road is obliged to drive his vehicle fairly and with full concentration. The observations made were that attaching a communication device to online public transportation proved that the telephone was used while driving a vehicle. Communicating by telephone while driving a vehicle will cause an accident that will harm other road users. This study discusses the regulations for using the telephone while driving against online motorcycle taxis and law enforcement analysis the regulations for using the telephone while driving against online motorcycle taxis in Bandar Lampung. The results showed the telephone regulations while driving to online motorcycle taxis in Bandar Lampung were Permenhub No. 12 of 2019 Article 4, Article 6, Article 17, Article 18, and Article 19. The results of the analysis of law enforcement on the use of telephones while driving in the form of online motorcycle taxis to contact consumers on their way to the location 3 (three) times, namely 32% (thirty-two per cent) and the intensity of online motorcycle taxis to contact consumers more than 3 (three) times, namely 27% (twenty-seven percent). The analysis data has proven that the intensity of contacting passengers is very much done while driving. Online motorcycle taxi drivers do not obey the rules because they communicate more by telephone while driving.


2020 ◽  
Vol 11 (2) ◽  
pp. 268
Author(s):  
Jhon Hendri ◽  
Sudi Fahmi ◽  
Bahrun Azmi

But in reality, in the observations of the authors of the vehicles that we encountered, both four-wheeled and two-wheeled, almost every evening until evening, vehicles were found parked on the Flyover on the Sudirman street, Tuanku Tambusai, Sukarno Hatta and HR Subrantas. While the government has clearly provided a symbol of prohibition to stop on the bridge and in the traffic law it clearly states that everyone driving a motorized vehicle on the road is obliged to comply with the stopping and parking requirements. This is dangerous because the flyover is built only for passing vehicles and the vehicle is prohibited from parking or stopping along the body of the flyover because the flyover is not prepared not for stopping vehicles. This type of research is research conducted by identifying the law on how the effectiveness of the law applies in society. The conclusion is that the implementation of the prohibition on parking for motorized vehicle riders in Pekanbaru City flyovers based on Law Number 22 of 2009 concerning Road Traffic and Transportation which results in disruption of road functions based on Law Number 22 of 2009 is less effective and maximal. This is because there are still many people who do not know about these regulations, Lack of Socialization of Law Number 22 Year 2009 from Law Enforcement Officials, Lack of firm law enforcement officials in implementing criminal sanctions, and Lack of Legal Awareness of the Community itself. Obstacles Faced in the Implementation of the Parking Prohibition for Motorized Vehicle Riders on Flyover in Pekanbaru City Based on Law Number 22 of 2009 concerning Road Traffic and Transportation are the Legal Substance, Legal Structure, Legal Culture and Facilities or Facilities and the limited facilities and infrastructure. Efforts made to overcome obstacles in the Implementation of the Parking Prohibition for Motorized Vehicle Riders at Pekanbaru City Flyovers Based on Law Number 22 of 2009 concerning Road Traffic and Transportation are that peace and traffic order is by fostering mutual assistance and assistance among the enforcement officers and the public, the public workers' office of transportation without neglecting their respective interests in the framework of increasing obedience and compliance, thus the Government's hope of improving services in traffic order in a peaceful and orderly condition in the regions can be realized. Apart from that, the implementation of traffic control, tranquility and orderliness can also be carried out by utilizing public facilities and facilities, increasing legal awareness, increasing the number of police personnel in the traffic sphere and repressive actions. Keywords: Implementation, No Parking, Flyover  Namun pada kenyataannya dalam pengamatan penulis kendaraan yang kami jumpai baik roda empat maupun roda dua, hampir setiap sore hingga malam hari ditemukan kendaraan yang parkir di Flyover yang ada dijalan Sudirman, Tuanku Tambusai, Sukarno Hatta dan HR Subrantas. Sementara pemerintah sudah dengan jelas memberikan simbol larangan untuk berhenti dijembatan tersebut serta didalam undang-undang lalu lintas tersebut dengan tegas mengatakan setiap orang yang mengemudikan kendaraan bermotor di jalan wajib mematuhi ketentuan berhenti dan parkir akan diberikan sanksi. Hal ini berbahaya karena Flyover tersebut dibangun hanya untuk kendaraan yang melintas dan kendaraan dilarang parkir atau berhenti di sepanjang badan jalan Flyover karena Flyover itu tidak disiapkan bukan untuk kendaraan yang berhenti. Jenis penelitian ini adalah penelitian yang dilakukan dengan cara mengadakan identifikasi hukum bagaimana efektivitas hukum itu berlaku dalam masyarakat. Kesimpulan adalah Implementasi Larangan Parkir Bagi Pengendara Kendaraan Bermotor Di Flyover Kota Pekanbaru Berdasarkan Undang-Undang Nomor 22 Tahun 2009 Tentang Lalu Lintas Dan Angkutan Jalan yang mengakibatkan terganggunya fungsi jalan berdasarkan Undang-Undang Nomor 22 Tahun 2009 kurang efektif dan maksimal. Hal ini dikarenakan masih banyaknya masyarakat yang tidak mengetahui peraturan tersebut, Kurangnya Sosialisasi Undang-Undang Nomor 22 Tahun 2009 dari Aparat Penegak Hukum, Kurang tegasnya Aparat penegak Hukum dalam menerapkan Sanksi Pidana, Serta Kurangnya Kesadaran Hukum Masyarakat itu sendiri. Hambatan Yang Dihadapi Dalam Implementasi Larangan Parkir Bagi Pengendara Kendaraan Bermotor Di Flyover Kota Pekanbaru Berdasarkan Undang-Undang Nomor 22 Tahun 2009 Tentang Lalu Lintas Dan Angkutan Jalan adalah Substansi Hukum, Struktur Hukum, Budaya Hukum dan Sarana atau Fasilitas dan masih terbatasnya sarana dan prasarana. Upaya yang dilakukan untuk mengatasi hambatan dalam Implementasi Larangan Parkir Bagi Pengendara Kendaraan Bermotor Di Flyover Kota Pekanbaru Berdasarkan Undang-Undang Nomor 22 Tahun 2009 Tentang Lalu Lintas Dan Angkutan Jalan adalah bahwa ketentraman dan ketertiban lalu lintas adalah dengan membina saling membantu dan menolong diantara aparat penertiban dan masyarakat, dinas perhubungan dinas pekerja umum tanpa mengabaikan kepentingan masing-masing dalam rangka peningkatan ketaatan dan kepatuhan, dengan demikian harapan Pemerintah untuk meningkatkan pelayanan dalam ketertiban lalu lintas dalam keadaan tenteram dan tertib di daerah dapat terwujud. Selain itu pelaksanaan penertiban, ketentraman dan ketertiban lalu lintas juga dapat dilakukan dengan memanfaatkan sarana dan fasilitas umum, meningkatkan kesadaran hukum, Menambah Jumlah Personil Kepolisian di lingkup lalu lintas serta Tindakan represif.


2021 ◽  
Vol 2 (1) ◽  
pp. 125-131
Author(s):  
Nur Kumala Dewi

This research discusses the supervision and law enforcement on the transportation system, which will be applied to the smart transportation system. With this system, the police and local governments will be able to monitor the transportation system in a city, especially law enforcement on roads. The method used in this study is to use a literature review which is the basis for this research, by using a literature review it will be able to deepen a research, and be able to understand previous studies in order to create new research. The problem raised in this research is how to apply law enforcement on the highway to land transportation, both public vehicles and private vehicles that are on the highway every day, with strict law enforcement it will reduce crime on the road and can reduce accidents on the road Highway. This research will produce a proposed system, which can be used by the police and local governments in enforcing the law on public or private vehicles on the road.


2013 ◽  
Vol 31 (1) ◽  
pp. 199-214 ◽  
Author(s):  
Yong J. Yoon ◽  
William F. Shughart

Abstract We model the tragedy of the anticommons - the underutilization of a resource in the presence of multiple rights to exclude - as a Stackelberg price-leader game. We show that the equilibrium outcomes when the players move sequentially are more inefficient than when they move simultaneously in a ‘static’ version of the game. The results have important implications for the design of modern regulatory institutions, including the appointment of ‘super-bureaucrats’ or regulatory ‘czars’, the emergence of so-called patent trolls, tribal toll-collectors on the road from Pakistan to Afghanistan, climbing Mt. Everest, rent seeking contests, and antitrust law enforcement.


2019 ◽  
Vol 137 (1) ◽  
pp. 174-187
Author(s):  
PAWEŁ OLBER

The fi ght against cybercrime requires effective and rapid solutions for the collection of digital evidence at the international level. An example of such an instrument is the European Investigation Order, which introduces a comprehensive system for obtaining evidence in cross-border cases. The legislation on this solution is contained in directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 on the European Investigation Order in criminal matters. The above regulations have been implemented into the Polish national law by the Act of 10 January 2018 amending the Act — The Code of Criminal Procedure and certain other acts. The European Investigation Order was presumably fi rst used by Polish law enforcement authorities in a case involving cybercrimes committed by a person using the aliases Thomas and Armaged0n. The use of this investigation measure made it possible to apprehend the offender many years after the fi rst offence was committed and the offender was identifi ed49. Despite this success, further changes to the European Investigation Order in national legislation are needed to improve the effectiveness of the fi ght against cybercrime. It should be proposed to modify the Prosecution Services’ Rules of Procedure as regards the authorities competent to issue European Investigation Orders. Currently, the authorities executing the European Investigation Order in Poland at the stage of preparatory proceedings are district prosecutor’s offi ces, whereas such powers should be vested in every prosecutor conducting preparatory proceedings.


2020 ◽  
Vol 2 (2) ◽  
pp. 181-193
Author(s):  
Harimin Tarigan ◽  
Iman Jauhari ◽  
Jusmadi Sikumbang

This research aims to analyze the factors that cause the violation regulation of the charge transport of goods, to see the implementation of traffic and transportation laws which regulate the rule of the charge transport of goods and to review the exertions that can be done in law enforcement to the violation regulation of the charge transport of goods on the road of district. This research is the research of sociolegal law using the combination of normative juridical and empirical juridical method which having descriptive characteristic and perspective form. After analyzing the data, noted that the factors of the violation regulation of the charge transport of goods on the road of district: 1) the law substance, the legislation of traffic and transportation has not clearly organized the system of punishment for the offender of the violation regulation of the charge transport of goods on the road of district; 2) the law structure, the low quality and quantity of law upholder and also the low quality and quantity of law enforcement’s tools and facilities; 3) the law culture, the low level of work motivation, low commitment and low moral integrity of law upholder, along with the public’s obedience and knowledge about the determinate regulation of the charge transport of goods. The implementation of laws which controls the certain regulation of the charge transport of goods on the road of district is not done optimally by the inhabitants, the law culture of society and law upholder. The exertions that can be done as the law enforcement of the regulation of the charge transport of goods on the road of district are in preemptive way or using punishment, in preventive way and repressive way or using punishment tools.


2020 ◽  
Author(s):  
Muhammad Hasyim Ibnu Abbas ◽  
Andre Maytandi

This paper aims to analyze the empirical mechanism of the bribery and extortion on the roads in Indonesia. Using a game theoretical approach, the game is played by two representative agents, namely Police and Rider. The mechanism is modeled into two stage games. Stage 1 adopts the 2x2 simultaneous Tsebelis’ inspection game refined by Pradiptyo. Stage 2 illustrates two scenarios of sequential game. Stage 1 proposes that the benefit of enforcing the law gained by the police becomes rider’s important consideration to violate the traffic laws and rules while stage 2 proposes that the benefit of enforcing laws and rules is the important point to avoid bribery. Stage 2 also suggests that the law enforcement institutions may think carefully before increasing the severity of penalties and sanctions suffered by riders because it would increase the likelihood of police to extort the riders. Keywords: Bribery, Extortion, Game Theory, Inspection Game


to-ra ◽  
2017 ◽  
Vol 3 (2) ◽  
pp. 537
Author(s):  
Muchtar B Pakpahan

Abstract A country of law requires the existence of law enforcement, in this case the goal is just for well being and the protection of citizens rights, protecting all the regions, as well giving a guarantee to each of these members of the community to impose their daily activities, it has a legal state laws, there is a body of justice that free and impartial, having basic laws, providing education, maintainning discipline on society, provide the security to  any members of the community for activities every single day include in the convenience on the road, such as: pleasantness of pedestrians orderlines the user of motorcyles, distraction from vendors, the protection an area  of the sidewalk from vendors, the side of the road users as parking spaces, The discipline user on the road, the obediance of pedestrian for using overpass, if all these things happened then must be law enforcement, especially operationalising the traffic of law in transportation roadway by the sipport of the technology and the officers who disciplines.   Keywords: penegakan hukum syarat untuk negara hukum


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