scholarly journals THE IMPLEMENTATION OF RESTORATIVE JUSTICE BY INDONESIAN NATIONAL POLICE INVESTIGATORS IN TRAFFIC ACCIDENTS RESULTING IN DEATH

2018 ◽  
Vol 3 (2) ◽  
pp. 81-98
Author(s):  
Budi Utomo
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Traffic Accidents ◽  
Interaction Analysis ◽  
Point Of View ◽  
Research Approach ◽  
Analysis Model ◽  
Theoretical Concepts ◽  
The Public ◽  
National Police

criminal justice system from investigation, prosecution, trial examination and execution of judgment which leads to criminalization, but in its development there is an alternative law enforcement desired by the justice seekers through restorative justice which prioritizes recovery at the original state as a result of the crime. Therefore, it is necessary to analyze the importance of restorative justice by Indonesian National Police Investigators in traffic accidents resulting in death, as well as its implementation. The theoretical concepts used are implementation, restorative justice, law enforcement, criminal law policy, justice, traffic accidents, and Police Investigators.Qualitative research approach, type of socio-juridical research, focuses on the importance of restorative justice and its implementation by Indonesian National Police Investigators in traffic accidents resulting in death. Location of research is in Resort Police of Semarang. Data sources are primary, secondary and tertiary. Data collection techniques were conduct through documentation, observation, and interviews. Data validity was using triangulation technique, data analysis technique using interaction analysis model. The results of research on the importance of restorative justice and its implementation by Indonesian National  Police Investigators in traffic accidents resulting in death are analyzed through philosophical, sociological and juridical point of view, while its implementation is analyzed by the implementation model of George C. Edward III which shows that restorative justice has not been understood optimally by Indonesian National Police investigators and the community even though in reality have been practiced in the duties or daily life. The obstacles, namely the absence of legal restorative justice umbrella is firm and clear, still weak understanding of Indonesian National Police Investigators and the public, especially the parties related to the settlement of criminal cases through restorative justice. Efforts to overcome these obstacles, Police Investigators in the settlement of criminal acts through restorative justice refers to the rules that are directly or indirectly relevant, organizing socialization about restorative justice within the Indonesian National Police, especially Indonesian National Police Investigators, and the public. Based on the description above, it can be concluded that the importance of restorative justice can be seen from philosophical, sociological and juridical point of view, whereas in its implementation is influenced by four factors, namely, communication, resources, disposition, and bureaucratic structure. Suggestion of clear and firm regulation related to settlement of criminal case through restorative justice, especially traffic accident and the need to increase understanding of restorative justice by Indonesian National Police personnel, especially Indonesian National Police Investigator and society in general.

scholarly journals Interpretasi Hukum Perkara Penipuan Online Modus Investasi Kajian Undang-Undang No.42/2009 dan Undang-Undang No25/2007

2020 ◽  
Vol 4 (2) ◽  
pp. 142-154
Author(s):  
Alba Liliana Sanchez ◽  
Mustaqim Mustaqim ◽  
Agus Satory
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Research Approach ◽  
Legal Interpretation ◽  
Online Fraud ◽  
The Public ◽  
Preventative Measures ◽  
Two Factors ◽  
National Police ◽  
Investment Fraud

ABSTRACTThe rise of online fraud practices with investment mode in DKI Jakarta is influenced by 2 (two) factors, namely the community's ignorance about investment through the online platform. Other factors are not yet optimal for law enforcement to take preventative measures by informing the public about the dangers of online investment.The purpose of this research is to better understand the legal interpretation of online fraud cases with investment mode. Another goal is for the public to be more careful with online investment offers that promise multiple benefits.The research approach is the legal sociology approach. Observations indicate that law enforcement by the National Police against suspected online investment fraud has not been carried out optimally because investigators only use the articles of the Criminal Code and the ITE Law. But not using Law Number 42/2009, and Law Number 25/2007, investigators must also immediately break the chain of online fraud practices.Keywords : Legal Interpretation, Online Fraud, Investment Mode.ABSTRAKMaraknya praktek penipuan online dengan modus investasi di DKI Jakarta dipengaruhi 2 (dua) faktor yaitu faktor ketidaktahuan masyarakat perihal investasi melalui platform online. Faktor lainnya belum optimalnya penegak hukum untuk melakukan langkah pencegahan dengan mensosialisasikan kepada masyarakat mengenai bahayanya investasi online.Tujuan penelitian ingin lebih memahami penafsiran hukum perkara penipuan online dengan modus investasi. Tujuan lainnya agar masyarakat lebih berhati-hati dengan penawaran investasi online yang menjanjikan keuntungan berlipat ganda.Pendekatan penelitian yaitu pendekatan Sosiologi hukum. Hasil pengamatan menunjukkan bahwa penegakan hukum oleh Polri terhadap tersangka penipuan investasi online, belum berlangsung optimal karena penyidik hanya menggunakan pasal-pasal KUHP dan Undang-Undang ITE. Namun tidak menggunakan Undang-Undang Nomor 42/2009, dan Undang-Undang Nomor 25/2007, penyidik juga harus segera memutus mata rantai praktek penipuan online tersebut.Kata kunci: Interpetasi Hukum, Penipuan Online, Modus Investasi.

scholarly journals THE ROLES OF BHAYANGKARA OF TRUSTEES OF SECURITY AND PUBLIC ORDER (BHABINKAMTIBMAS) OF THE POLICE OF REPUBLIC OF INDONESIA (POLRI) IN IMPLEMENTATION OF RESTORATIVE JUSTICE AGAINST CRIMINAL OF PRESECUTION IN THE LAW OF THE NORTH BENGKULU POLICE

2020 ◽  
Vol 10 (2) ◽  
pp. 199-210
Author(s):  
Yosril Radiansyah ◽  
Antory Royan Adyan ◽  
Hamzah Hatrik
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Legal Culture ◽  
Public Order ◽  
Legal Research ◽  
The Public ◽  
Legal Reforms ◽  
The North ◽  
National Police ◽  
Research Type

This study raises issues related to the roles of Bhabinkamtibmas and the constraints of Bhabinkamtibmas in implementing restorative justice against criminal acts of persecution in the North Bengkulu Police. This study aims to find out and analyze what the roles and constraints of Bhabinkamtibmas in implementing the process of restorative justice against criminal acts are. This research is an empirical legal research type from the facts that exist ina society, legal entity or government agency. The results of this study indicate that the existence of Bhabinkamtibmas has helped many Police institutions especially North Bengkulu Resort Police starting from the early detection of criminal acts (pre-emptive functions), the process of preventing criminal acts (preventive functions) and the process of problem solving and law enforcement (repressive functions) one of its role is as a mediator and facilitator inthe process of restorative justice. The constraints or obstacles of Bhabinkamtibmas in carrying out their roles from the internal of the National Police and the personnel of Bhabinkamtibmas itself are related to knowledge, skills and ethics as well as external constraints such as the lack of a legal culture or response from the public and the absence of positive laws governing. The results of this study suggest that it needs legal reforms that accommodate the process of restorative justice in order to improve the legal culture and effectiveness of criminal law enforcement in Indonesia.

Research on Related Model for Urban Public Crisis Handle Mechanism

2014 ◽  
Vol 989-994 ◽  
pp. 5540-5543
Author(s):  
Yong Chang Ren
Keyword(s):  
Crisis Management ◽  
Evaluation Model ◽  
Point Of View ◽  
Theoretical Point ◽  
Analysis Model ◽  
The Public ◽  
Public Crisis ◽  
Crisis Events ◽  
Response And Recovery ◽  
The Relationship

China is in a critical period of urbanization, and various social contradictions continue to be accumulated, emerged and enlarged, so public crisis management mechanism has been highly valued by governments at all levels with the public crisis events are occurred frequently. The paper conducts study for the problems in the current urban public crisis handle mechanism. First, the evaluation model of crisis management can be researched, and crisis management can be divided into four stages to evaluate respectively, they are Reduction, Readiness, Response and Recovery; then, we should research crisis prediction model to strengthen prediction, prevention and monitoring of the crisis before the crisis happened; finally, stakeholders analysis model should be studied, and scientific analyzing the interests of the various stakeholders and the relationship among them. From the theoretical point of view, the paper carries on a study for crisis handle mechanism to provide support for improving the crisis handle level.

scholarly journals Optimizing The Role of Immigration Civil Servant Investigator in Treating Criminal Actions of People Smuggling

2020 ◽  
Vol 2 (1) ◽  
pp. 35-45
Author(s):  
Doniar Andre Vernanda ◽  
Tony Mirwanto
Keyword(s):  
Law Enforcement ◽  
Civil Servant ◽  
Immigration Law ◽  
Public Prosecutor ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Criminal Sanctions ◽  
Case Files ◽  
National Police

Immigration law enforcement is carried out by civil servant investigators (PPNS) of Immigration by the mandate of Law No. 6 of 2011 on immigration. Immigration civil servant investigators have the authority to carry out the investigation process to hand over case files for subsequent prosecution in court by the public prosecutor. The results and discussion of this research are: (i) People smuggling is a crime where people illegally enter humans without legal and valid immigration travel documents aimed at personal or group gain by entering a country without going through an examination. immigration at the immigration checkpoint (TPI). Criminal sanctions related to human smuggling are regulated in article 120 of the Immigration Law with a maximum threat of 15 years and a fine of Rp. 1,500,000,000.00. (ii) According to the Immigration Law, pro Justitia law enforcement in immigration crimes is carried out by immigration civil servant investigators who have the duties and functions of carrying out investigations & investigations, coordinating with the National Police and other law enforcement agencies as well as carrying out other matters which are ordered by immigration Law

scholarly journals Enhanced Digitalisation and Competition Law Enforcement in Slovakia

2021 ◽  
Vol 11 (2) ◽  
pp. 83-101
Author(s):  
Mária T. Patakyová
Keyword(s):  
Law Enforcement ◽  
Slovak Republic ◽  
Theoretical Perspective ◽  
Competition Law ◽  
Theoretical Background ◽  
Point Of View ◽  
The European Union ◽  
Theoretical Concepts ◽  
Competition Law Enforcement ◽  
Eu Competition Law

Abstract Digitalisation is a challenge from the regulatory point of view. Competition law, as a special type of regulation, is no exception to this. The article explores the risks of digitalisation, especially the ones related to the enhanced use of pricing algorithms. In theory, pricing algorithms are not easily assessed from the perspective of competition law, let alone its application in practice. The prohibition of anticompetitive agreements (pursuant to Article 101 of the Treaty on Functioning of the European Union (TFEU)) is applied with certain difficulty to agreements created by using pricing algorithms. This is an unfortunate situation, as horizontal agreements represent one of the worst infringements of EU competition law, including price cartels or bid rigging. Apart from presenting a theoretical background, the article dives into the practice of the Antimonopoly Office of the Slovak Republic (AMO) in order to assess which practical issues the AMO might face when applying the theoretical concepts. In sum, the article asks from a theoretical perspective which issues of competition law have been introduced (or deepened) by the enhanced digitalisation, looking in particular to pricing algorithms. On top of that, the article explores the issues which may be encountered in practice, taking the Slovak jurisdiction as the example. The willingness and feasibility of the AMO to enforce digital issues such as pricing algorithms is assessed based on the previous acts of the AMO as well as the new Act on Protection of Competition, adopted by the Slovak parliament on 11 May 2021.

METHODOLOGICAL CONCEPTS OF ENSURING THE PUBLIC SECURITY AND ORDER DURING MASS EVENTS

2017 ◽  
Author(s):  
Andrii Melnyk ◽  
◽  
Mykola Gutsuliak ◽  
Keyword(s):  
Law Enforcement ◽  
Public Safety ◽  
Scientific Article ◽  
The European Union ◽  
Law And Order ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Relevant Field ◽  
National Police ◽  
Mass Events

The conceptual aspects of ensuring the public safety and order during mass events in accordance with the implemented methodology of the National Police of Ukraine in the field of the realization of citizens’ rights to peaceful assembly have been analyzed in this article. The peculiarities of the organization of the activity of the police bodies and subunits within the limits of the joint performance of tasks concerning the maintenance of law and order have been defined. The main ways and methods of using police forces and means while preventing and stopping the offenses during peaceful assemblies have been analyzed for compliance with the national legislation. The authors have also compared some tactical methods used by the law enforcement agencies of Ukraine and those that are adopted from the European practice of policing and, accordingly, specified in the departmental regulations governing the relevant field of the professional duties. The statements, suggested in this scientific article, are based on the results of the interviews with the leadership of the National Police bodies and subunits that directly implement the tasks of the ensuring public safety and order during mass events and have been trained by the European Union Advisory Mission in Ukraine aiming to form a new model of securing the public order [1].

Intersubjectivity and Intersubject

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Atanas Totlyakov ◽  
◽  
◽  
Keyword(s):  
Visual Culture ◽  
Joint Attention ◽  
Critical Analysis ◽  
Point Of View ◽  
Specific Group ◽  
Theoretical Concepts ◽  
The Public ◽  
Key Points ◽  
Oriented Approach

This text discusses some key points of contemporary theoretical concepts of intersubjectivity in the context of a specific group of creative practice. Emphasis is placed on the role and specificity of an area of joint attention shared between individuals, and interpersonal inclusions, which are essential for the creation and presentation to the public of objects and images. The problems of the temporary and non-permanent connection between the intentional subjects and the role of other acting forces, both quasisubjects and quasi-objects, within the framework of an art project developing in time are touched upon. The conventional contemporary critical analysis of a work of art has been replaced by ideas of visual culture and a body-oriented approach to tracing processes that are complemented from a sociological point of view.

scholarly journals The Phenomenon of Sexual Violence among Adolescents in the Jurisdiction of the West Jakarta National Police Resort and Its Prevention Efforts

FIAT JUSTISIA ◽  
2019 ◽  
Vol 13 (2) ◽  
pp. 115
Author(s):  
Dylan Aldianza Ramadhan ◽  
Charina Putri Besila
Keyword(s):  
Law Enforcement ◽  
Sexual Violence ◽  
Scientific Work ◽  
Scientific Paper ◽  
Conduct Literature ◽  
The West ◽  
The Public ◽  
Police Station ◽  
Law Enforcement Officials ◽  
National Police

The writing of this scientific paper examines the lack of legal awareness of the community about sexual violence. This scientific work arose because the author saw that there were still many cases of sexual violence even though there were rules governing the acts of sexual violence. And this scientific work aims to tell the public what factors influence the act of sexual violence still arise and what efforts can be made by the community and law enforcement officials such as the police for this problem and is expected to eliminate the emergence of new sexual violence. The study sample was victims of sexual violence or sexual harassment in the Jakarta Bara police station. Data collection is carried out by interviewing 15 West Jakarta District Police Polres. And also conduct literature studies by looking for sources related to sexual violence. The results of this study suggest that the factors that often underlie the occurrence of sexual violence is a love factor where if the victim refuses to serve the perpetrators things will arise that are undesirable and there are false facts from the recognition of the average perpetrator who was interrogated by the police

scholarly journals Legal and Moral Aspects of Confidential Cooperation between Individuals and Law Enforcement Agencies

2019 ◽  
Vol 86 (3) ◽  
pp. 69-79
Author(s):  
В. М. Давидюк
Keyword(s):  
Law Enforcement ◽  
Legal Aspects ◽  
Point Of View ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
Public Interests ◽  
The Public ◽  
State Apparatus ◽  
Moral Point

The legislative regulation of using confidants in Ukraine, as well as the moral aspects of confidential cooperation between individuals and law enforcement agencies have been analyzed. Some reasons that contributed to the regulation of confidential cooperation at the legislative level have been revealed in the historical retrospective; the correlation of the terms of “assistance” and “cooperation” used in the operative and search legislation has been demonstrated. It has been substantiated that in the course of studying the activities of special forces of operative and search activity it is advisable to use a narrower term of “cooperation”, which reflects the specifics of the activity of such forces. The norms of not secret normative legal acts have been outlined, which enshrined the conceptual bases of work with confidants. The emphasis has been made on the need to regulate not only the rights of the confidants, but also their obligations. A comparative analysis of the society’s attitude to confidential cooperation in different countries has been conducted. The moral and ethical grounds for involving persons into confidential cooperation have been studied. The author has outlined the essential role of the ideological component in the work of the state apparatus, which influences the attitude of society to confidential cooperation. The interdependence of moral and legal aspects of confidential cooperation has been proved. It has been established that the involvement of persons, from a moral point of view, into confidential cooperation is determined by: the voluntary nature of such involvement; public duty; perception of appropriate cooperation as the assistance to the community for its proper functioning; compulsory use of confidants for the prevention and detection of latent crimes; counteracting aggressive protection of criminal interests; guaranteeing the public interests by saving the costs for law enforcement function, since the use of confidants is more financially effective than attracting additional law enforcement forces and means.

scholarly journals Penal Mediation as the Concept of Restorative Justice in the Draft Criminal Procedure Code

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Emmanuel Ariananto Waluyo Adi
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Criminal Procedure ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Procedural Law ◽  
Private Realm ◽  
Procedure Code ◽  
The Law

The law recognizes both litigation and non-litigation settlement mechanisms, but it is almost not explicitly regulated for non-litigation settlement in criminal cases. Non-litigation in criminal recognizes the concept of restorative justice for the public interest, which is different from the private realm in civil. The concept of restorative justice exists to rehabilitate the state of criminals so that they are accepted back into the community. The concept of restorative justice is manifested in the mediation mechanism in criminal law in the form of penal mediation, but penal mediation does not yet have a legal umbrella. The non-progressive normative application of the law results in the overcapacity of prisons/remand centres. Currently, the Draft Criminal Procedure Code (hereinafter as RKUHAP) is being drafted, which does not yet regulate the application of non-litigation solutions. Later, it can be applied by law enforcement agencies so that problems such as overcapacity prisons are resolved and the creation of peaceful order in the community. This study aims to provide a view of the concept of penal mediation in criminal procedural law to serve as an aspiration for the consideration of the parties involved in the preparation of the substance of the RKUHAP. This paper uses a normative approach with technical analysis using hermeneutic analysis and interpretation methods.

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