scholarly journals Kritik Filsafat Hukum Positivisme Sebagai Upaya Mewujudkan Hukum Yang Berkeadilan

2018 ◽  
Vol 1 (1) ◽  
pp. 82-96
Author(s):  
Islamiyati Islamiyati
Keyword(s):  
Law Enforcement ◽  
Critical Study ◽  
Causal Relationships ◽  
Natural Phenomena ◽  
Philosophy Of Law ◽  
The Real ◽  
Positive Law ◽  
The Law ◽  
Moral Teachings

The flow of philosophy of law of positivism conceives the law as ius which has experienced positive as lege or lex, and law only relates to positive law or law only. The characteristics of this flow are always fundamental to reality (reality, fact) and evidence, not metaphysical and do not explain the essence, natural phenomena are explained based on causal relationships, and are not related to morals. This is criticized by several other schools of law, such as; free law, critical law, critical study of modern law, progressive law, all of which conceive that law is not only written in law, but what is practiced by officials of law enforcement implementing the function of law enforcement. In addition, the implementation of the law is adapted to the needs of society, which can not be separated from the influence of moral teachings and values that live in society, in order to realize the real justice. Aliran filsafat hukum positivisme menkonsepsikan hukum sebagai ius yang telah mengalami positifisasi sebagai lege atau lex, dan hukum hanya bersangkut paut dengan hukum positif atau UU saja. Karakteristik aliran ini selalu mendasar pada kenyataan (realitas, fakta) dan bukti, tidak bersifat metafisik dan tidak menjelaskan esensi, gejala alam diterangkan berbasis hubungan sebab akibat, dan tidak berhubungan dengan moral. Hal inilah yang dikritik oleh beberapa aliran hukum lain, seperti; aliran hukum bebas, hukum kritis, studi kritis hukum modern, hukum progresif, yang semuanya menkonsepsikan bahwa hukum tidak hanya tertulis dalam undang-undang, melainkan apa yang dipraktekkan oleh para pejabat penyelenggara hukum yang melaksanakan fungsi pelaksanaan hukum. Selain itu, pelaksanaan hukum disesuaikan dengan kebutuhan masyarakat, yang tidak lepas dari pengaruh ajaran moral dan nilai-nilai yang hidup di masyarakat, demi mewujudkan keadilan yang sesungguhnya.  

scholarly journals Time for Punishment with Subjectivity: Study Philosophy of Law

2019 ◽  
Vol 1 (1) ◽  
pp. 17
Author(s):  
Aditya Yuli Sulistyawan
Keyword(s):  
Law Enforcement ◽  
Legal Positivism ◽  
Legal Philosophy ◽  
Public Concern ◽  
Philosophy Of Law ◽  
Legal Cases ◽  
The Real ◽  
Legal Science ◽  
The Law

<p class="IABSSS">The dominance of legal positivism in thought and law enforcement is a reality. Saintism of legal science presents a law that is conceptualized as something that exists in sensory terms, along with its straightforward, rational, and objective nature. Law is always requested objectively. Objectivity is done by freeing the subject's mind to the legal reality that already exists as an object. Therefore, various legal cases such as the case of Asyani, Rasminah, Minah and others, are things that are easily proven as violating the law because it is a violation of the text of the article of law. Such a way of law, is now starting to become a public concern. So, when objectivity begins to be questioned, that's when the real subjectivity of asking begins to be considered - and this will be explained [only] in the study of legal philosophy, especially paradigmatic studies. This paper will discuss the possibility of subjectivity in law, which will be presented in the paradigmatic study.</p>

The Law Enforcement Weakness of Songs and Musics Copyright Crimes

2021 ◽  
Vol 3 (1) ◽  
pp. 139-154
Author(s):  
Edi Tuahta Putra Saragih ◽  
Muhammad Citra Ramadhan ◽  
Isnaini Isnaini
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Copyright Infringement ◽  
Copyright Law ◽  
Cultural Factor ◽  
Legal Research ◽  
The Real ◽  
The Law ◽  
Real Picture

This research aimed to: (a) obtain the forms of copyright infringement of songs and/or music (with or without lyrics); (b) understand the role of the police, in this case the Police Precinct, in the law enforcement; (c) identify the factors that influenced the law enforcement. The research method used the normative-empirical legal research, with the initial stages of specifying norms in order to get the proper picture, and then specifying empirical events in order to get the real picture. The research results showed several matters: 1) The forms of copyright infringement of songs and/or music (with or without lyrics) found included: the distribution of the works or the copies, the performances of the works, and the announcements of the works; 2) Police Precinct did notultimately carry out their role as a law enforcer for the copyright infringement of songs and/or music (with or without lyrics); and 3) The factors that influenced the law enforcement on the copyright infringement of songs and/or music (with or without lyrics), namely: legislation factor, in the matter of complaint offenses; law enforcement factor, in terms of the capacity of members; less supportive factor of facilities and infrastructure; legal awareness factor, in the problem of the lack of legal counseling; and cultural factor, related to the differences in norms in the copyright law between those in society and those in regulations. 

scholarly journals Tinjauan Yuridis Terhadap Tindak Pidana Pengancaman dalam Undang-Undang Informasi dan Transaksi Elektronik

2020 ◽  
Vol 4 (2) ◽  
pp. 51-58
Author(s):  
Sry Wahyuni ◽  
Elwidarifa Marwenny
Keyword(s):  
Law Enforcement ◽  
Social Values ◽  
District Court ◽  
Electronic Information ◽  
Positive Law ◽  
Electronic Transactions ◽  
Research Implication ◽  
The Subject ◽  
The Law

The subject matter of this research is the Juridical Review of the Crime of Threats in the Information and Electronic Transactions Law (Case Study of the Koto Baru District Court). This issue is divided into two sub-discussions, first, how is the application of material crimes against criminal acts of threats in the Law on Information and Electronic Transactions, second, how are judges' legal considerations in imposing crimes against threats of threats in the Law on Electronic Information and transactions. The method used in this research is to use a normative juridical problem approach. about the problem that is the object of the problem.The results showed that efforts to apply sanctions were made to overcome the perpetrators of extortion and threats, namely: firmly enforcing the existing positive laws. For subjective positive law enforcement, it may be necessary to have instruments or law enforcers who have the instinct of justice, namely "Judges" who decide all existing cases. The research implication is: it is hoped that the inculcation of social values ​​and norms in society in using social media and in UUITE is not trapped in behavior that plunges them into criminal acts / crimes, it is also hoped that the Panel of Judges in deciding cases must consider more The facts of the trial, the elements of the offense, and the consideration of the severity of the crime with reference to the defendant's situation and the victim's loss.

Subsidies for Illegal Activities?—Reframing IUU Fishing from the Law Enforcement Perspective

2019 ◽  
Vol 22 (3) ◽  
pp. 417-438
Author(s):  
Jaemin Lee
Keyword(s):  
Law Enforcement ◽  
The Real ◽  
The Core ◽  
Iuu Fishing ◽  
The Law ◽  
Illegal Activities ◽  
Fisheries Subsidies ◽  
Real Challenge ◽  
Laws And Regulations

ABSTRACT Fisheries subsidies norms and discussions at present are based on the subsidy framework under the Agreement on Subsidies and Countervailing Measures. This approach is pertinent vis-à-vis various types of governmental subsidies provided to fisheries industries. It, however, fails to tackle illegal, unreported and unregulated (IUU) fishing, one of the core targets of the fisheries subsidies norms, because few governments ‘subsidize’ illegal activities such as IUU. As far as IUU fishing is concerned, the real challenge is not about subsidies but about how to enforce domestic laws and regulations to punish owners, operators, and fishermen engaged in such illegal activities. Future discussion of fisheries subsidies norms regarding IUU should reflect the law enforcement aspect in addition to the present subsidy aspect.

scholarly journals KEDUDUKAN ADVOKAT DALAM PASAL 5 UNDANGUNDANG NOMOR 18 TAHUN 2003 TENTANG ADVOKAT PERSPEKTIF HUKUM

JURISDICTIE ◽  
2017 ◽  
Vol 5 (2) ◽  
pp. 188
Author(s):  
Adib Khoirul Umam
Keyword(s):  
Law Enforcement ◽  
Islamic Law ◽  
Legal Theory ◽  
Secondary Data ◽  
Primary Data ◽  
High Quality ◽  
Positive Law ◽  
The Law ◽  
Article 5

<p>This study aims to determine how Islam views which in this case is limited only four schools of opinion about the position of an advocate as law enforcement. In Islam indeed advocates known as providers of legal bantuah namely Hakam, mufti and mashalih alaih that functions similar to advokat.Penelitian function is called normative research with descriptive methods comparative analysis between positive law and Islamic law, namely Law No. 18 2003 and scholarly opinion four schools as primary data. Secondary data were taken from books or books that explain the legal theory of primary data. Article 5 of Law No. 18 of 2003 on lawyers has been explained that the position of advocate parallel with other law enforcement such as judges, prosecutors and police. But in fact appear black advocates not to enforce the law but instead became mafias that sell traded equity law. For it will be studied how exactly Islam's view of the position of Advocates with the formulation of the problem sebegai follows, first how the views of Islamic law for the position of advocate in Article 5 of Law No. 18 of 2003 on advocates, who both like where the relevance of Islam's view of the position of advocate in enforcement law in Indonesia. From research conducted authors argue for their refisi against the law number 18 of 2003 on advocates. alignment between advocates and other law enforcement must be followed by the high quality of an advocate and supervision of the performance of lawyers in order to minimize the occurrence of fraud in practice in providing legal aid.</p><p>Penelitian ini bertujuan untuk mengetahui bagaimana pandangan Islam yang dalam hal ini hanya dibatasi pendapat empat madzhab tentang kedudukan advokat sebagai penegak hukum. Dalam Islam memang advokat dikenal sebagai lembaga pemberi bantuah hukum yaitu hakam, mufti dan mashalih alaih yang secara fungsi hampir sama dengan fungsi advokat. Penelitian ini disebut penelitian normatif dengan metode deskriptif analisis perbandingan antara hukum positif dan hukum Islam, yaitu undang-undang nomor 18 tahun 2003 dan pendapat ulama empat madzhab sebagai data primer. Data sekunder diambil dari kitab-kitab atau buku-buku teori hukum yang menjelaskan tentang data primer. Dari penelitian yang dilakukan penulis berpendapat perlunya adanya refisi terhadap undang-undang nomor 18 tahun 2003 tentang advokat. kesejajaran antara advokat dan penegak hukum lainya harus diikuti dengan tingginya kualitas seorang advokat dan pengawasan terhadap kinerja advokat agar bisa meminimalisir terjadinya penyelewengan dalam praktiknya dalam memberi bantuan hukum.</p>

scholarly journals ASAS-ASAS BANTUAN HUKUM DAN PERAN HAKAM DALAM PENEGAKAN HUKUM: STUDI KRITIS ATAS TAFSIR AL-QURAN SURAT AL-NISÂ’ AYAT 35

Asy-Syari ah ◽  
2015 ◽  
Vol 18 (2) ◽  
Author(s):  
Didi Kusnadi
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Islamic Law ◽  
Primary Source ◽  
Critical Study ◽  
Legal Aid ◽  
The Rule Of Law ◽  
Universal Principles ◽  
The Law

This paper explains the bases of legal aid in Islamic law through a critical study on the concept of hakam reduced from the Quranic interpretation Surah al-Nisâ’ verse 35. As a primary source of Islamic law, the Quran is believed guarantying the universal principles of Islamic law that is relevant with law enforcement. It is also implemented practically and comprehensively in the line of the bases of legal aid and developed it into the concept of hakam. Therefore, it can be seen as one of Islamic law contribution within the rule of law in Indonesia through the concept of hakam which can be formed for development of legal aid concept and its application within the law of legal aid in Indonesia.

scholarly journals DISPARITAS PENEGAKAN HUKUM DI INDONESIA (ANALISIS KRITIS KASUS NENEK MINAH DALAM PERSPEKTIF HUKUM PROGRESIF)

2017 ◽  
Vol 16 (2) ◽  
pp. 221
Author(s):  
Murdoko Murdoko
Keyword(s):  
Law Enforcement ◽  
Public Domain ◽  
Economic Power ◽  
Court Decisions ◽  
The Real ◽  
The Poor ◽  
The Law ◽  
Sense Of Justice

<em>This paper examines the law enforcement in public domain. The court decisions on many cases often undergo disparities that deny the sense of justice. The disparities increasingly appear when the case comes to people who have political or economic power. However, when the case comes to the poor, who do not have power and so on, the law can be very sharp to enforce. In perspective of the progressive law, the case of </em>Nenek Minah is<em> ideally not relevant to prosecute at the court. In fact, that case shows that the working of the law in Indonesia is still based on the text rather than the context. The law enforcement is solely based on the written provisions (legalistic-positivistic) without paying attention to sociological dimension, so that the law enforcement is still far away from the purpose of law that is able to present the real justice.</em>

scholarly journals Сoncepts and elements of judicial enforcement

2021 ◽  
Vol 2021 (2) ◽  
pp. 33-45
Author(s):  
L. P. Samofalov ◽  
◽  
О. L. Samofalov ◽  
Keyword(s):  
Law Enforcement ◽  
International Standards ◽  
Judicial Power ◽  
Judicial Reform ◽  
Public Authorities ◽  
Legal Form ◽  
Positive Law ◽  
The Law ◽  
Judicial Procedure ◽  
The Right

The problems of judicial enforcement are considered in the article. It is emphasized that judicial enforcement is a legal form of state functions implementation. The need to study this legal category is emphasized. This need is related to the harmonization of legislation with international standards, judicial reform, and increased protection of human rights. Different points of view of legal scholars concerning judicial enforcement are investigated. It is concluded that the judicial application of the law is based on the rules of positive law. A judge may not refuse to hear a case due to gaps in the law. Judicial enforcement is associated not only with the application of the law, but also with their interpretation, and sometimes lawmaking. On the one hand, the judiciary is a manifestation of power, and on the other it is the most rational and effective form of control over the activities of state power. It is stated in the article that justice, as a court activity carried out in the form of civil, administrative, criminal, economic and constitutional proceedings, takes place in the procedural forms established by law. Law enforcement activity of the court is a long, complex and systematic process. It has a specific purpose, that is a clearly defined value, which includes recognition of a person, their life, health, honor and dignity, inviolability and security. It is stated that law enforcement cannot be carried out beyond the principles of law, as they go through all the rules of law and are the basis of the legal system. The components of the rule of law are recognized by the international community. In particular, they are: – the right to appeal against the actions of public authorities; – free assessment by the court of the circumstances of the case; – independence and impartiality of judges; – independent judicial procedure, which covers fairness, openness, reasonable time for consideration of the case, availability of legal aid; – binding nature of court decisions. In order to ensure the proper judicial system functioning, it is proposed to amend the current legislation in the process of judicial reform. The conclusions to the article stipulate that the court performs both law enforcement and law-making functions. The essence of the administration of justice and judicial activity is reduced to the application of law. In the process of administering justice, the judiciary acts in clearly defined procedural forms. Judicial power, as a subject of constitutional regulation, is exercised precisely in justice, and justice is administered and administered by the court through judicial enforcement. Key words: judicial enforcement, justice, judicial activity, judicial power, judicial proceedings, judicial lawmaking.

scholarly journals PENEGAKAN HUKUM DALAM PERSPEKTIF HUKUM PROGRESIF

2019 ◽  
Vol 19 (2) ◽  
pp. 201
Author(s):  
Ufran Ufran
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Social Problems ◽  
Fundamental Problem ◽  
The Real ◽  
Initial Symptoms ◽  
The Law ◽  
Law And Justice

<p><em>The </em><em>Failure to enforce law and justice will be one of the factors of social dis-integration. If it is responded well and systematically it will be a threat to a country's failure. These initial symptoms can be seen from the emergence of various vigilante acts. The empty spaces filled with violence are caused by the vacuum of law. The law fails to do its job to solve social problems that arise. The explanation in this paper seeks to analyze the root problem of the failure of law enforcement in Indonesia seen in the perspective of the legal system by Friedman. To analyze the solution, the perspective used is an analysis of the style of progressive law as stated by Satjipto Rahardjo. The use of these two perspectives is expected to be able to describe well the real fundamental problem in our current law enforcement</em></p>

scholarly journals THE SYNCHRONIZATION NECESSARY OF NOTARY SUPERVISION BY NOTARY SUPERVISORY AND HONOUR COUNCIL

Jurnal Akta ◽  
2021 ◽  
Vol 8 (2) ◽  
pp. 100
Author(s):  
Suwardi Suwardi
Keyword(s):  
Law Enforcement ◽  
Legal Certainty ◽  
Positive Law ◽  
Ethical Violations ◽  
The Law ◽  
Effective Supervision

In line with the Notary's accountability for his authority, and compliance with that authority, legal certainty must be guaranteed with a continuous and effective supervision and guidance. There are currently two notary supervision and guidance institutions in Indonesia, namely the Notary Supervisory Council and the Notary Honorary Council. This study uses a normative juridical approach, which is a research that is focused on examining the application of norms or norms in positive law. Article 67 paragraph (2) of Act No. 2 of 2014 states that the Notary Supervisory Council shall supervise notaries including the behavior of the notary and the implementation of office by the notary. Meanwhile, the Honorary Council itself only provides guidance and supervision to the extent that it violates ethics. What must be remembered is that the authority possessed by the Notary Supervisory Council looks so 'broad'. This is because the Notary Supervisory Council is not only authorized to carry out guidance and supervision of notaries who violate the provisions of the law. However, the Notary Supervisory Council also provides guidance and supervision of ethical violations as carried out by the Honorary Council. The conclution of this reseach is Synchronization of Notary Supervision by the Notary Supervisory Council and guidance by the Notary Honorary Council in law enforcement is very necessary.

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