Police, the Public, ‘Less Lethal Force’ and Suspects: Deconstructing the Human Rights Arguments

2009 ◽  
Vol 82 (3) ◽  
pp. 194-211 ◽  
Author(s):  
Rhona Smith
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Well Being ◽  
Electronic Control ◽  
The Public ◽  
Lethal Force ◽  
Control Devices ◽  
The Law

Violent criminals pose threats to the life and well-being of the police and public alike. One response is the development of mid-range ‘less-lethal’ weapons such as TASER® stun guns and other electronic control devices (ECD). These have the power to incapacitate the suspect temporarily, neutralising the threat to the public, the suspect him- or herself and the law enforcement officers. Nevertheless there have been claims that the deployment of such weapons violates human rights. This article thus considers the use of electronic control devices by law enforcement officers within a human rights framework. The principal issues evolve from the coexistence of potential beneficiaries of the salient human rights.

scholarly journals KONSEKUENSI YURIDIS PENYIMPANGAN KEWENANGAN INTERSEPSI OLEH PENEGAK HUKUM

2012 ◽  
Vol 1 (1) ◽  
pp. 63
Author(s):  
Slamet Tri Wahyudi
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Qualitative Methods ◽  
Secondary Data ◽  
Law Enforcement Officers ◽  
Ordinary People ◽  
Criminal Sanctions ◽  
Police Action ◽  
The Law

Interception is an act that violates human rights is therefore authorized the interception can only be done by law enforcement officers. In reality interception authority by police to deviate from the provisions that have been mandated by law. This research is a normative legal normative juridical approach. The data collected is secondary data were analyzed using qualitative methods juridical analysis. Based on this study it can be concluded that the juridical consequences of the actions of police conduct authority lapses in implementing the interception an act that is against the law and may be subject to criminal sanctions, it is based on a systematic interpretation of Article 31 paragraph (3), the law enforcement officers who perform deviation authority interception the position equivalent to ordinary people who do the interception as stipulated in Article 31 paragraph (1). So the police action could be sanctioned as provided for in Article 31, paragraph 1 in conjunction with Article 47 of Law ITE. Keywords: Deviation, authorized, Interception, Law enforcement

scholarly journals ANALYSIS OF THE IMPLEMENTATION OF CRIMINAL SANCTIONS ON ACTION OF RUBBER CONTINUOUS CRIMINAL ACTION IN RUBBER PLANTATION PT. PERKEBUNAN NUSANTARA VII UNIT KEDATON DESA SABAH BALAU KECAMATAN TANJUNG BINTANG REGENCY OF LAMPUNG SELATAN

2020 ◽  
Vol 2 (01) ◽  
pp. 35-45
Author(s):  
Muhammad Rizki Mauludin Sunia ◽  
Okta Ainita
Keyword(s):  
Law Enforcement ◽  
Crime Prevention ◽  
Law Enforcement Officers ◽  
Rubber Plantation ◽  
Rubber Latex ◽  
Prevention Effort ◽  
The Public ◽  
Criminal Sanctions ◽  
The Law

Criminal acts can encourage other people to commit crimes, because many parties involved in criminal acts such as receiving, buying or accommodating goods from the crime of theft. The problem in research is what is the factor that causes the perpetrators to commit criminal acts of rubber gum extraction at PT. Perkebunan Nusantara VII Unit Kedaton, Sabah Balau village, Tanjung Bintang Subdistrict, South Lampung Regency, how to apply criminal sanctions against perpetrators of criminal acts of rubber latex in PT. Perkebunan Nusantara VII Unit Kedaton, Sabah Balau village, Tanjung Bintang Subdistrict, South Lampung Regency, based on Decision Number 313 / Pid.B / 2018 / Pn.Kla and How is the crime prevention effort for perpetrators of criminal acts of rubber latex in PT. Perkebunan Nusantara VII Unit Kedaton, Sabah Balau village, Tanjung Bintang District, South Lampung Regency. The judge should give criminal sanctions to the defendant to consider juridical factors as stipulated in the law. It is expected that the related law Enforcement officers will be more professional in carrying out their duties in upholding the law against perpetrators of fraud in office, and the public has legal awareness to report immediately if there is a similar crime.

scholarly journals PERUSAKAN LINGKUNGAN SEBAGAI TINDAK PIDANA TERORISME

2019 ◽  
Vol 26 (2) ◽  
pp. 155 ◽  
Author(s):  
Rachman Maulana Kafrawi
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Environmental Justice ◽  
Environmental Protection ◽  
Armed Conflict ◽  
The Public ◽  
Environmental Destruction ◽  
Internal Armed Conflict ◽  
Public Areas ◽  
The Law

This research aims to identify whether the environmental destruction could be considered as terrorism and to identify why the person who damaged the environmental should be considered as a terrorist. The conclusion of this research indicates a concept which views that the person who did enviromental destruction as terrorism. This concept is textual elaboration which is contained in section 10 Law No. 15, 2003 about the eradication of the terrorism. The crime for environmental destructions which are catagorized as terrorism are as follows: The impacts of the environmental destruction and pollution exceed Baku Mutu Lingkungan Hidup (BMLH), the poisonous chemicals release in the public areas (as happened during internal armed conflict in suriah on March 2011), there are bulk of victims, and it harms and damages the strategical vital objects. Based on those criterion, the environmental destruction is considered as equal as terrorism, because they are catagorized as a crime againts humanity. The environmental destruction happens because of low obedience and awareness of people to protect and to save the environment and it could be indicator that the law enforcement for environmental protection and management has not gone well yet. Based on this concept, it is expected that the responsibility and commitment of Indonesia could be achieved in order to ensure the protection and fulfillment of the environment and human rights and to reach the aims of environmental justice.

scholarly journals Wewenang Pelaksanaan Diskresi Kepolisian Dalam Upaya Penegakan Hukum (Tinjauan Dari Perspektif Yuridis Normatif)

2020 ◽  
Vol 3 (2) ◽  
pp. 52-70
Author(s):  
I Wayan Wisadnya
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Public Interest ◽  
Code Of Ethics ◽  
Police Discretion ◽  
Self Assessment ◽  
Professional Code ◽  
The Public ◽  
The Law ◽  
National Police

Problems regarding Law infoscment (law enforcement), especially in the police discretion, this is not just an option for the police, but is an important and inevitable part of carrying out law enforcement tasks, with the aim of reducing the crime rate, in order to create a safe situation. and orderly in the midst of society and conducive conditions. In the book Black Law Dictionary comes from the Dutch Discretionary language which means Wisdom in terms of deciding an action not based on the provisions of regulations, laws or applicable law, but on the basis of wisdom, consideration or justice. The authority of the National Police in exercising police discretion in law enforcement efforts is carried out by acting in the public interest based on self-assessment and only in very necessary circumstances, with due observance of laws and regulations, such as Law No.2 of 2002 concerning the Indonesian National Police, the Book of Law In addition, the Criminal Procedure Code (KUHAP) and Perkap No.1 / 2009 must also uphold human rights and the Police Professional Code of Ethics. Therefore, problems in the field can be identified, namely: what is the authority of the Police in implementing discretion? and what is the law enforcement effort?, then this study uses the Normative juridical approach, namely an approach based on statutory regulations, as well as legal materials that apply as positive law in Indonesia. So the conclusion is that the authority of the police in implementing police discretion in the effort to enforce the law is carried out by acting alone in the public interest based on self-assessment and only in very urgent situations by taking into account statutory regulations, such as the Police Law, KUHAP and Perkap (Praturan Kapolri No.1 2009), and Upholding Human Rights and the Professional Code of Ethics for the Indonesian National Police.

scholarly journals SINERGI PELAKSANAAN PENEGAKAN HUKUM LINGKUNGAN INDONESIA

2014 ◽  
Vol 3 (3) ◽  
pp. 237
Author(s):  
Eka Merdekawati Djafar
Keyword(s):  
Environmental Management ◽  
Law Enforcement ◽  
Environmental Law ◽  
Law Enforcement Officers ◽  
Law Enforcement Agencies ◽  
Environmental Laws ◽  
The Public ◽  
The Creation ◽  
The Law

Enforcement of environmental laws is expected to be carried out in synergy by law officers who are scattered in various law enforcement agencies in general and particularly in relation to environmental management. Understanding of the substance of environmental law should not be done partially adherence to environmental laws, both by the public and law enforcement officers itself so to create a legal substance is completely and thoroughly that understanding can be removed to the sectoral legislation. Likewise strongly support the creation of culture law enforcement of environmental law implementation synergies among law enforcement officers. It is intended that the law enforcement agencies have the same perception of the implementation of environmental law enforcement. Keyword : “ Law enforcement” and “ Environmental Law”

The Use of Lethal Force by Military Forces on Law Enforcement Operations — is There a ‘Lawful Authority’?

2009 ◽  
Vol 37 (3) ◽  
pp. 441-469 ◽  
Author(s):  
Rob McLaughlin
Keyword(s):  
Law Enforcement ◽  
Difficult Situation ◽  
Lethal Force ◽  
Military Forces ◽  
Bona Fide ◽  
The Law ◽  
Commander In Chief ◽  
Peace Officer

Now a person, whether a magistrate, or a peace-officer, who has the duty of suppressing a riot, is placed in a very difficult situation, for if, by his acts, he causes death, he is liable to be indicted for murder or manslaughter, and if he does not act, he is liable to an indictment on an information for neglect; he is, therefore, bound to hit the precise line of his duty: and how difficult it is to hit that precise line, will be a matter for your consideration, but that, difficult as it may be, he is bound to do. R v Pinney (1832) 5 Car & P [254], [270] (Littledale J). A soldier is bound to obey any lawful order which he receives from his military superior. But a soldier cannot any more than a civilian avoid responsibility for breach of the law by pleading that he broke the law in bona fide obedience to the orders (say) of the commander-in-chief. Hence the position of a soldier is in theory and may be in practice a difficult one. He may, as it has been well said, be liable to be shot by a court-martial if he disobeys an order, and to be hanged by a judge and jury if he obeys it. A V Dicey, Introduction to the Study of the Law of Constitution (10th ed, 1959) 303.

Who Will Keep the Public Healthy? Assuring a Legally Prepared Workforce

2003 ◽  
Vol 31 (S4) ◽  
pp. 81-83 ◽  
Author(s):  
Mary Anne Viverette ◽  
Jennifer Leaning ◽  
Susan K. Steeg ◽  
Kristine M. Gebbie ◽  
Maureen Litchveld
Keyword(s):  
Law Enforcement ◽  
International Association ◽  
Department Of Justice ◽  
Law Enforcement Agencies ◽  
Rigorous Evaluation ◽  
The Public ◽  
Chiefs Of Police ◽  
The Law ◽  
And Performance ◽  
Evaluation Techniques

The Commission on the Accreditation of Law Enforcement (CALEA) employs rigorous evaluation techniques. Objective accreditation, such as made possible by CALEA, is important from the public’s perspective and in the national community of law enforcement.To counteract a general distrust of law enforcement agencies, the Law Enforcement Assistance Administration (LEAA) developed a grant to develop standards by which the quality and performance of law enforcement could be measured. LEAA developed 107 standards and, though well received by the law enforcement community, no single group or agency took the initiative to begin a program to evaluate and implement the standards. In 1979, the Department of Justice established an additional grant that effectively organized the four major law enforcement groups: the International Association of Chiefs of Police, the National Sheriff’s Association, the National Organization of Black Law Enforcement Executives, and the Police Executive Research Forum.

scholarly journals Mekanisme Komisi Pemberantasan Korupsi dalam Proses Penyadapan dilihat dari Perspektif Hak Asasi Manusia (HAM)

JURNAL BELO ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 74-85
Author(s):  
Jennifer Ingelyne Nussy
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Human Dignity ◽  
Privacy Rights ◽  
The Law ◽  
The Government ◽  
Investigation Process ◽  
Do So

ABSTRACT Recognition and protection of a guarantee of human dignity to earn a respectable place in the eyes of the law and government. Related to the interests of law enforcement, the Corruption Eradication Commission (KPK) for the purpose of wiretapping evidence in court, while will protecting the privacyrights of suspects. Legal protections for the accused to be seen as matter of law adopted. Therefore, the protection of the privacy rights of a person to be seen in the investigation process. For the Commission to conduct wiretaps should see privacy rights as stipulated in the law and the government should establish a special set of rules that intercepts, thus providing the possibility for law enforcement has the authority to do so does not conflict with human rights.

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