scholarly journals The Handling of Criminal Act of Theft with Violence by Children of the Directorate of Criminal Investigation of the Central Java Regional Police

2020 ◽  
Vol 1 (2) ◽  
pp. 273-278
Author(s):  
Dhara Ayu Restuning Tyas ◽  
Rodiyah Rodiyah
Keyword(s):  
Law Enforcement ◽  
Criminal Investigation ◽  
Legal Regulations ◽  
Criminal Cases ◽  
Central Java ◽  
The Right

The crime of theft with violence is one of the most frequent crimes or criminal acts in the community. It almost happens in every region in Indonesia. They have the tendency to steal when the opportunity is present, then the perpetrators do it with no regard for time. However, in some cases, the theft is done in a certain time. It involves a condition where everyone will look for the right time to carry out their operations. It appears that in fact, we want to realize a handling of child cases. This handling has to pay attention to the needs of children, so that children affected by criminal cases are not harmed physically or mentally. The barriers experienced in law enforcement carried out by children include, legal regulations themselves, facilities and infrastructure, society, and  culture.

scholarly journals ABUSE OF THE RIGHT AND JUDICIAL ERRORS IN THE EXERCISE OF DISCRETION BY THE JUDGE IN THE CONSIDERATION OF CRIMINAL CASES WITH THE CONSENT OF THE ACCUSED WITH THE CHARGE BROUGHT AGAINST HIM

2021 ◽  
Vol 31 (3) ◽  
pp. 459-472
Author(s):  
N.O. Mashinnikova
Keyword(s):  
Law Enforcement ◽  
Criminal Cases ◽  
Special Procedure ◽  
Judicial Proceedings ◽  
Judicial Errors ◽  
Definition Of ◽  
The Right ◽  
Exercise Of Discretion ◽  
Abuse Of Law ◽  
Miscarriage Of Justice

The article examines the categories of "abuse of law" and" miscarriage of justice", as well as the factors contributing to their occurrence, reveals the mechanism of occurrence of miscarriages of justice, the sources and causes of their occurrence. The author substantiates the claim that the defect of interest, as an aspect of law enforcement, causes the occurrence of abuse and can cause a miscarriage of justice. The main characteristics of a miscarriage of justice, as well as the signs that distinguish a miscarriage of justice from abuse, are revealed. The definition of "abuse of the right" is given, its properties and features are revealed. The article analyzes the peculiarities of committing judicial errors and abuses under a special procedure of judicial proceedings.

scholarly journals PENGARUH SUMBER DAYA MANUSIA PENYIDIK TERHADAP KEBERHASILAN PENYIDIKAN (Studi Pada Satreskrim Polres Dharmasraya)

2020 ◽  
Vol 3 (1) ◽  
pp. 104-112
Author(s):  
Ardhy Zul Hasbih Nasution
Keyword(s):  
Human Resources ◽  
Human Resource ◽  
Criminal Investigation ◽  
Legal Regulations ◽  
Criminal Cases ◽  
Human Resource Capacity ◽  
Resource Capacity

The human resource capacity of the Satreskrim Polres Dharmasraya is still lacking due to the large number of criminal cases handled. The Influence of Human Resources of Investigators on the Success of Investigations at the Satreskrim at the Dharmasraya Police is the success of an investigation which is determined by whether or not an investigation is conducted. This influence can be measured by several criteria, namely the educational and vocational background (dikjur) of the investigators, at the Satreskrim of the Dharmasraya Police, investigators and assistant investigators who have participated in Dikjur in the field of criminal investigation or supporting the field of criminal investigation are 11 people during 2018. The number of investigators and assistant investigators is 34 people at the Satreskrim Polres Dharmasraya, so only 38 percent have a background in the field of Education and Culture in the field of criminal investigation or supporting in the field of criminal investigation. Experience conducting investigations. The efforts made and the obstacles faced by the Satreskrim of the Dharmasraya Police to fulfill the human resources of investigators was to increase the capacity of the Police Investigators so that they were able to understand and master laws / legal regulations. This can be pursued through improving education for members of the Satreskrim Polres Dharmasraya both formal and material education.

scholarly journals Telaah Yuridis terhadap Pengaturan Restorative Justice di Kepolisian

Wajah Hukum ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 562
Author(s):  
Rena Yulia ◽  
Aliyth Prakarsa
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Third Party ◽  
Criminal Investigation ◽  
Criminal Cases ◽  
Legal Research ◽  
Police Investigation ◽  
Perpetrators And Victims ◽  
Investigation Process

Police institutions are the first and main gate in law enforcement efforts. First, the police institution in charge of carrying out each criminal case’s enforcement, then the next stage will be determined by the police. The practice of law enforcement so far tends to be retributive justice, so that only a few cases can be resolved in the police investigation process. Restorative justice appears by offering various advantages, including a simple settlement process, involving both parties, both perpetrators and victims, and the role of a third party to mediate, so that cases can be resolved according to the agreement. The police, as the first institution in the law enforcement process, had already issued regulations regarding the application of restorative justice, as a form of law enforcement efforts to change retributive law enforcement. The purpose of this research judicially examined the regulation of restorative justice at the police investigation phase in line with the enactment of the regulation of the Chief of Police Number: SE/8/VII/2018 concerning the Application of Restorative Justice in the Settlement of Criminal Cases and the Regulation of the Chief of the Indonesian Police Number 6 of 2019 concerning Criminal Investigation. This research used a qualitative research method with the type of normative legal research through a statutory approach

scholarly journals The Right to Silence and the Pendulum Swing: Variations in Canadian and Scottish Criminal Law

2020 ◽  
Vol 1 (3) ◽  
pp. 291-313
Author(s):  
Kathryn M. Campbell
Keyword(s):  
Law Enforcement ◽  
Fair Trial ◽  
European Convention ◽  
Criminal Cases ◽  
Pendulum Swing ◽  
Canadian Law ◽  
Right To Silence ◽  
The Supreme Court ◽  
The Right ◽  
Constitutional Protections

The right to silence is afforded to suspects in criminal cases as part of a number constitutional protections contained within Canadian law through the Charter of Rights and Freedoms. It is closely linked to other such rights, including the right to counsel, the right against self-incrimination and the presumption of innocence. Moreover, in some cases, the denial of this right has resulted in convictions in error through false confessions and wrongful convictions. Decisions by the Supreme Court in Canada in recent times can be viewed as a slow encroachment onto individual Charter rights in favour of the needs of law enforcement. In Scotland, until recently, while afforded a right to silence suspects could still be questioned for up to six hours without a lawyer present. While other measures existed to protect an individual’s right to a fair trial, such practices were out of step with the European Convention on Human Rights Article 6(1) right to a fair trial. In the decision in Cadder v HMA, greater protections to suspects were introduced regarding the right to silence and the right to counsel, and the Criminal Justice (Scotland) Act 2016 later consolidated the relevant law on this matter. The focus of this paper will be to examine how the right to silence in both Canadian and Scottish law has evolved through statute and case law and the implications of this for law enforcement practices, the protection of rights and the safety of convictions.

scholarly journals Correlation of legal regulations on evidence and proof procedures with article 6 of the european convention on the protection of human rights and fundamental freedoms

2021 ◽  
Author(s):  
Angela Cuciurcă ◽  
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Legal Regulations ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Evidence And Proof ◽  
The Right ◽  
Criminal Matters

Evidence and evidence are of particular importance in criminal proceedings, as, together with evidence, they are closely linked to the realization of the principle of finding out the truth, as well as to the fact that in most criminal cases there are problems related to evidence and means of proof. The legality of the evidence depends on the issuance of a decision to convict or acquit the person in a criminal trial. Legal regulations are closely correlated with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, in particular Article 6, the right to a fair trial. In this context, a criterion of applicability of this article in criminal matters lies in the nature of the procedure; the text refers to the right to be tried by a court, in the sense of court, which must decide on the merits of any accusation in this matter criminal law, and the merits of an accusation are based on conclusive, pertinent and useful evidence administered by means of evidence and evidence procedures provided by law.

scholarly journals “Iatrogenic crimes” and complications of intensive care in pediatrics

2019 ◽  
pp. 91-94
Author(s):  
O. A. Dmitrieva ◽  
A. V. Golubeva ◽  
B. V. Sherstyuk ◽  
E. D. Kosinskaya
Keyword(s):  
Intensive Care ◽  
Law Enforcement ◽  
Medical Care ◽  
Specific Situation ◽  
Medical Worker ◽  
Criminal Cases ◽  
Medical Institutions ◽  
Effect Relation ◽  
The Right

Summary: In recent years doctors and medical institutions are increasingly in the focus of law enforcement bodies, the number of criminal cases against doctors and the number of cases bringing to administrative responsibility of medical institutions is growing. Despite the fact that defects in the provision of medical care are detected in half of the cases, a direct cause-effect relation and the determination of the severity of harm to health are detected in isolated cases. The right legal evaluation of action (inaction) of a medical worker in a specific situation can be given under methodologically correctly performed examination.

scholarly journals Crime Investigation on Theft by eighting with The Modus Of Prying Automated Teller Machine (ATM) in Jurisdiction Area of Central Java

2018 ◽  
Vol 1 (3) ◽  
pp. 693
Author(s):  
Mohamad Rofiqi ◽  
Anis Mashdurohatun
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Extension Agents ◽  
Criminal Cases ◽  
The Public ◽  
Criminal Investigations ◽  
Central Java ◽  
Procedure Code ◽  
Automated Teller Machine ◽  
Crime Investigation

This study aims to: 1) Review and analyze the implementation of the criminal investigations against theft by weighting with the modus of prying Automated Teller Machine (ATM) in the jurisdiction area of Central Java. 2) Assess and analyze the factors that hinder the investigation related to solve investigator in the criminal investigations against theft by weighting with the modus of prying Automated Teller Machine (ATM) in the jurisdiction area of Central Java. 3) Assess and analyze the efforts of investigators linked the criminal investigations against theft by weighting with the modus of prying Automated Teller Machine (ATM) in the jurisdiction area of Central Java? Results: 1). The process of investigations conducted by the Central Java Police in solving criminal cases of theft through Automated Teller Machine (ATM) with prying mode in accordance with the rules contained in the Criminal Procedure Code and the Law on Police No. 2 of 2002. 2). Based on the description of the Central Java Police investigators, the obstacles faced by the team of investigators of Central Java Police, among others: a. Evidence is hidden and difficult for investigators to look suspect. b. The suspect managed to flee with his colleagues by car, so investigators have to chase. c. In providing information with convoluted.3) Relatedwith efforts to overcome obstacles investigator in a criminal law enforcement ATM theft with prying mode is as follows: a. In search of evidence of the crime of investigators need to conduct more intensive searches of suspects. b. Coordinating with other entities by way of exchange of information / Data notify each DPO (List of People Searching) and when in the area to find people who sought immediately apprise and made arrests. c. Providing information (by extension agents) to the public to participate actively in supporting the work of police in the investigation of the theft through ATM.Keywords: Investigation; Crime of Theft By Weighting; Prying Automated Teller Machine (ATM).

scholarly journals Human Trafficking and Migrant Workers: Analysis of Indonesian Migrant Workers Protection in Overseas

2020 ◽  
Vol 6 (2) ◽  
pp. 173-180
Author(s):  
Angga Putra Mahardika ◽  
Sonny Saptoajie Wicaksono
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Migrant Workers ◽  
Legal Protection ◽  
Empirical Method ◽  
Trafficking In Persons ◽  
Central Java ◽  
Local Police ◽  
The Right ◽  
Important Form

The problems in this research are concerning to the regulations on the legal protection of illegal Indonesian migrant workers abroad who are victims of trafficking in persons already comprehensive, and the forms, mechanisms and procedures for legal protection of illegal Indonesian migrant workers abroad who are victims of trafficking in persons in BP3TKI Central Java already comprehensive?This thesis research uses a qualitative approach with a juridical-empirical method. The results of research and discussion show that based on Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers Overseas (PMI Law), the protection provided to victims of human criminal acts includes legal, social and economic protection. Whereas Law Number 21 of 2007 concerning Eradication of the Criminal Act of Trafficking in Persons (Huma Trafficking Act) grants the right to victims of human trafficking, among others, restitution, rehabilitation and repatriation. The most important form of legal protection for Indonesian migrant workers who are victims of trafficking in persons by Central Java BP3TKI is the repatriation of victims. In addition, the BP3TKI also conducts law enforcement against the perpetrators who are suspected of committing criminal acts of people. In conducting protection efforts, the Central Java BP3TKI collaborates with various parties such as the local police, BNP2TKI, and representatives of the Indonesian state in the placement country.      

Legal Balance between the Human Rights Protection and the Effectiveness of the Criminal Investigation

2020 ◽  
Vol 26 (2) ◽  
pp. 255-261
Author(s):  
Ralitsa Voynova
Keyword(s):  
Human Rights ◽  
Service Providers ◽  
Private Life ◽  
Criminal Investigation ◽  
Telecommunication Service ◽  
Criminal Prosecution ◽  
Criminal Cases ◽  
Human Rights Protection ◽  
The Right ◽  
Human Rights Standards

AbstractIn a digital age when national borders are not a barrier to offenders, access to electronic databases, often located in several countries, is required for a thorough criminal investigation and the correct resolution of a large number of criminal cases. The collection of information stored by cloud and telecommunication service providers for criminal prosecution purposes inevitably addresses issues of personal rights and freedoms. The CJEU has clarified that any restriction on the right to private life and data protection must be consistent with the requirements of legality, necessity and proportionality provided for in EU law. This study analyzes the compliance of the latest EU legislative instruments on a transnational collection of electronic data tothe European human rights standards and the principles of criminal justice.

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