scholarly journals Law Enforcement and Legal Reform in Indonesia and Global Context: How the Law Responds to Community Development?

2019 ◽  
Vol 1 (1) ◽  
pp. 1-4
Author(s):  
Indah Sri Utari ◽  
Ridwan Arifin
Keyword(s):  
Law Enforcement ◽  
Community Development ◽  
Legal Reform ◽  
Law Reform ◽  
Legal Cases ◽  
Global Context ◽  
The Law

Law enforcement in Indonesia has its own complexities, as law reform which has its challenges. The first edition of the Journal of Law and Legal Reform presents ten articles relating to law enforcement and law reform in various sectors. In general, this edition tries to look at various facts that occur in the community, where in a number of legal cases considered unable to respond to rapid developments in the community.

scholarly journals Legal Development and Globalization: Some Contemporary Issues in Indonesia and Global Context

2020 ◽  
Vol 1 (3) ◽  
pp. i-iv
Author(s):  
Ridwan Arifin
Keyword(s):  
Law Enforcement ◽  
Legal Reform ◽  
Law Reform ◽  
Original Research ◽  
Law And Development ◽  
Global Context ◽  
Legal Development ◽  
Rapid Changes ◽  
The Law ◽  
The Impact

When there is society, there always law, ubi societas ibi ius, has been impressed us that society always changes everyday and it impacted to the law enforcement itself. The inability of the law to respond the rapid changes even disruptive changes in the society raises its own problems in one hand, and challenges in the other hands. At this third issue, Journal of Law & Legal Reform Volume 1 Issue 3 (April 2020) presents some articles both original research articles and review articles from various institution and country. At this issue, the editor team highlight the focus theme “Law and Development in Disruptive Era (Indonesia and Global Context)” to give a high impression that this volume not only debating the contemporary issues concerning to legal development, but also the impact of law changes or law reform in the society itself.

scholarly journals PENERAPAN UNSUR TINDAK PIDANA KORUPSI PADA PELAKSANAAN PROGRAM KEMITRAAN DAN BINA LINGKUNGAN (Studi Putusan Perkara Nomor 6/Pid.Sus-TPK/2016/Pn.Pdg dan Nomor 07/Pid.Sus-TPK/2016/PN.Pdg)

2018 ◽  
Vol 1 (2) ◽  
pp. 222-232
Author(s):  
Zulkifli Zulkifli ◽  
Fitriati Fitriati ◽  
Ferdi Ferdi
Keyword(s):  
Law Enforcement ◽  
Community Development ◽  
Private Sector ◽  
Development Program ◽  
Corruption Case ◽  
The Law ◽  
Partnership Program

In the law enforcement of corruption, there are at least 2 (two) articles that are often used to ensnare the defendant, namely Article 2 paragraph (1) and Article 3 of Law Number 20 Year 2001 regarding the Amendment of Law Number 31 Year 1999 regarding Eradication of Corruption. In practice, the provision has been applied by the Judge in the decision of corruption case in the implementation of partnership program and environment development with the actors from the private sector, as the Manager of Lubuk Alung Regional IV branch PT. Sang Hyang Seri (Persero) is found guilty because it has been proven legally and convincingly committed a criminal act of corruption by misusing and using the. Community Development Program fund from PT. Angkasa Pura and PKBL funds from PT. Pertamina and PT. Bukit Asam

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>

scholarly journals BANTUAN HUKUM TIMBAL BALIK DALAM TINDAK PIDANA NARKOTIKA

2021 ◽  
Vol 16 (1) ◽  
pp. 46
Author(s):  
Ni Luh Gede Yogi Arthani ◽  
Made Emy Andayani Citra
Keyword(s):  
Law Enforcement ◽  
Legal Reform ◽  
Transnational Crime ◽  
Legal Assistance ◽  
Business And Society ◽  
Law Enforcement Agencies ◽  
Mutual Legal Assistance ◽  
The Law ◽  
The Republic ◽  
Narcotic Drugs

<p><em>Ilicit Traffic in Narcotic Drugs is carried out by international networks operating in several countries. Ilicit traffic in narcotic drugs results in huge financial and wealth gains that enable transnational crime organizations to penetrate, pollute and undermine the structure of government, legitimate commercial and financial business, and society at all levels. In dealing with this situation, Indonesia harmonizes the law through mutual legal assistance arrangements. In this study two issues will be discussed namely legal reform through mutual legal assistance and mutual legal assistance in narcotics crimes.</em></p><p><em>Legal reform is a policy carried out by a country to deal with the situation that occurs in the country. The development of transnational crime was responded by the state through a policy of mutual legal assistance as outlined in the Law of the Republic of Indonesia Number 1 of 2006 concerning Reciprocal Assistance in Criminal Matters. Cooperation between countries in the process of law enforcement needs to be done to tackle the crime of trafficking in narcotics. Ilicit traffic in narcotic drugs is carried out by involving several countries. Reciprocal legal assistance in narcotics crimes can be implemented in three ways, namely diplomatic channels, through central authorities and through direct cooperation between law enforcement agencies.</em></p><p><strong>Keywords</strong>: <em>Mutual legal assistance, Ilicit Traffic, Narcotic Drugs</em></p>

Conducting Law Reform Research: A Comparative Perspective

2007 ◽  
Vol 28 (2) ◽  
Author(s):  
Angela Melville
Keyword(s):  
New Zealand ◽  
Common Law ◽  
Legal Reform ◽  
Law Reform ◽  
Technical Process ◽  
Legal Norms ◽  
Efficiency And Effectiveness ◽  
The Law ◽  
Law Commission

AbstractLaw Reform Commissions are permanent bodies which operate in common law countries, and are charged with the task of recommending law reform. The Commissions conduct research into the need for law reform, and it appears this research is guided by a common set of broad principles. A comparison of the ways in which the New Zealand Law Commission and the recently defunct Law Commission of Canada put these principles into practice reveals that different Commissions use different approaches when putting these principles into practice.These different approaches reflect the ways in which the role of law within society and the role of the Law Commissions in shaping the law are conceived. For some Commissions, legal reform is a technical process driven by a desire for increased efficiency and effectiveness. For other Commissions, legal reform is seen as directing, rather than merely reflecting, social and legal norms, and is self-consciously aimed towards achieving the goals of social justice.

scholarly journals Masalah Eksekutabilitas Putusan Mahkamah Konstitusi oleh Mahkamah Agung

2016 ◽  
Vol 13 (1) ◽  
pp. 171
Author(s):  
Budi Suhariyanto
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Legal Reform ◽  
Constitutional Court ◽  
The Supreme Court ◽  
The Law ◽  
Relationship Of

Normatively constitutional court and supreme of court has on equal position with a different authority. However, there is a relationship of authority and point of contact. Morever, potential to cause disharmony on law enforcement. For example, on implementation of the constitutional court’s decision directly followed by the decision of the supreme court but some others not. The constitutional court’s decision characteristic are final and binding general (erga omnes), at the same level with legislation (negatif legislator), undirectly binding and enforced by the supreme court. Fundamentally, judge at the supreme court and the courts below is not a mouthpiece of the law, therefore it has some authority to interpre the statute (was also againts the decision of the constitutional court) to be applied on cases they handle. Although the judges decision of the supreme court do not decide on the validity and constitutionality of the norm, but through the efforts of the discovery  or the interpretation of the law can gives an effect to the law enforcement and the establishment of a progressive and responsive legal reform.

scholarly journals THE IMPLEMENTATION OF LAW ON THE PROTECTION OF WITNESSES AND VICTIMS FOR THE LAW EXISTENCE OF PEOPLE IN GORONTALO CITY

2018 ◽  
Vol 2 (1) ◽  
pp. 137
Author(s):  
Weny Almoravid Dungga
Keyword(s):  
Law Enforcement ◽  
Urban Communities ◽  
Law Enforcement Officers ◽  
Community Control ◽  
Law Enforcement Agencies ◽  
Mental Attitude ◽  
Legal Cases ◽  
Professional Law ◽  
The Law

AbstractThe people's need of legal certainty is the responsibility of all parties to make it happen. Various cases raised in society require the law enforcement agencies to follow up and protect the witnesses and victims. Gorontalo city is inseparable with some legal cases taken place in urban communities that require contributions from law enforcement agencies, including universities. This study focuses on the implementation of law on the protection of witnesses and victims for the law existence to people in Gorontalo city that employed normative juridical method in which it is a law study aimed at finding out the norms and “das Sollen”. The result reveals that the implementation of law on the protection of witnesses and victims to people in Gorontalo city has not been effectively applied as resulted from the empirical factual review. Further, there are five important aspects that determine the existence of witness and victim protection agency, including 1) laws, 2) the witnesses’ and victims’ mental attitude, 3) professional law enforcement officers, 4) community control, 5) electronic media. Keywords: Protection, Witnesses, Victims

scholarly journals The Role of Judges in Dealing with Community Development

2020 ◽  
Vol 2 (2) ◽  
pp. 195
Author(s):  
Maulana Hasanudin
Keyword(s):  
Law Enforcement ◽  
Community Development ◽  
Legal System ◽  
Law Enforcement Officers ◽  
The State ◽  
Judicial Power ◽  
The Law ◽  
Law And Justice ◽  
Important Structure

<p>The purpose of this paper is to determine the role of the judge in facing the development of society. Judges are part of the important structure of the judicial power branch in Indonesia. Judicial power is an independent power to administer justice in order to uphold law and justice. Judges are given the power to judge. Judges have an important role as law enforcement officers in the law enforcement process in Indonesia, so they must pay attention to legal objectives. The role of the judge has consequences for the responsibility of the judge which is very heavy, where the judge has responsibility to one God, to the nation and state, to himself, to the law, to the parties and to society. Judges and society are elements that cannot be separated in a legal system. The judge is a product of the society and culture where he comes from and is. The function of the judiciary is to decide disputes between individuals and individuals, individuals and communities, even individuals or society and the state; forming or making a policy or policy.</p><p align="center">[]</p><p><em>Tujuan penulisan ini adalah mengetahui peranan peranan hakim dalam menghadapi perkembangan masyarakat. Hakim merupakan bagian dari struktur penting cabang kekuasaan kehakiman di Indonesia. Kekuasaan Kehakiman merupakan kekuasaan yang merdeka untuk menyelenggarakan peradilan guna menegakkan hukum dan keadilan. Hakim diberi wewenang untuk mengadili. Hakim memiliki peranan penting sebagai aparat penegak hukum dalam proses penegakan hukum di Indonesia, sehingga harus memperhatikan tujuan hukum. Peranan hakim memiliki konsekuensi terhadap pertanggungjawaban hakim yang sangat berat, dimana hakim memiliki tanggung jawab terhadap tuhan yang maha esa, terhadap bangsa dan negara, terhadap diri sendiri, terhadap hukum, terhadap para pihak dan terhadap mayarakat. Hakim dan masyarakat merupakan unsur yang tidak bisa dilepaskan dalam suatu sistem hukum. Hakim sebagai produk masyarakat dan budaya tempat dia berasal dan berada. Fungsi kehakiman adalah memutus sengketa antara individu dengan individu, individu dengan masyarakat, bahkan individu atau masyarakat dengan negara; membentuk atau membuat policy atau kebijakan.</em></p>

scholarly journals The Paradigm of Progressive Judge’s Decision and Its Contribution to Islamic Legal Reform in Indonesia

2021 ◽  
Vol 15 (2) ◽  
pp. 249-262
Author(s):  
Suad Fikriawan ◽  
Syamsul Anwar ◽  
Misnen Ardiansyah
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Social Engineering ◽  
Legal Reform ◽  
Holistic View ◽  
Sociological Jurisprudence ◽  
Progressive Type ◽  
Holistic Understanding ◽  
The Law ◽  
Main Instrument

All this time, both in academic discourse and the reality of legal practice in the field tend to show a lack of attention to the rule of judges as an instrument of legal reform. Generally, the law is regarded as the main instrument of legal reform. Therefore, instilling an understanding of the law enforcement officers, especially the judges through their decision, is a very urgent thing to do. The main issue to be discussed in this paper is: How is the contribution of the Judge's decision to legal reform in Indonesia? This study used the perspective of the School of Sociological Jurisprudence, mainly the philosophical mind of Roscoe Pound. The results of this study show that the effort to make a judge's decision as a means of legal reform is a necessity. This can be realized through a progressive legal paradigm. The presence of a progressive legal paradigm is very important in order to give birth to a progressive type of judge who has a legal decision that qualifies maturity of law. The product of a progressive judge's decision is expected to become a jurisprudence that can be used as a reference in solving the next case so that judges will be able to make the law, not merely as a tool of social control as well as a tool of social engineering. These conceptions of legal function are essentially about to reveal that the nature of the law is dynamic rather than static. The legal philosophy of the sociological jurisprudence school offers a holistic understanding and a holistic view of the law, that is, the law applied must pay attention to the values, the living law, and the local wisdom of society. This holistic understanding of the law will ultimately be able to unify the law and society as its sociological basis.

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