Combating Corruption: Problems and Challenges in Indonesia

Corruption has been regarded as commonplace, under the pretext of "being in line with procedures". Corruptors no longer have a sense of shame and fear, instead of showing off their demonstrative corruption results. A crime corruption is a violation of social rights and economic rights of society, so that crime corruption can no longer be classified as ordinary crimes but has become a crime extra-ordinary crimes. So in the effort to eradicate it seems still require the struggle is heavy and can no longer be done "as usual", but it takes "extraordinary ways" (extraordinary crimes). Given the actions by law enforcement officials, it is hoped that the crime of corruption is not increasing expanding. If law enforcement is not as good as it is today, crime is growing, corruption more rampant, bribery cases happening everywhere, abuse of narcotics, and so can only be controlled from a penitentiary. Finally, as well as any existing legislation on ultimately depending on law enforcement officers.

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ANAK NAKAL: DIVERSI DAN DILEMA PENERAPANNYA

Jurnal Hukum & Pembangunan ◽

10.21143/jhp.vol39.no4.290 ◽

2009 ◽

Vol 39 (4) ◽

pp. 418

Author(s):

Eva Achjani Zulfa

Keyword(s):

Criminal Justice ◽

Law Enforcement ◽

Criminal Justice System ◽

Justice System ◽

Law Enforcement Officers ◽

Management Policy ◽

Criminal Case ◽

Judicial Process ◽

Law Enforcement Officials ◽

Discourse Management

AbstrakHandling problems through brat children and children who have problems with the law have occurred again when some kids sticking a gamble being arrested at near Soekarno Hatta Airport areas then processed into the judicial process. Diversion is a form of change the process by which a program can only take place on hold pre-adjudication in the criminal justice system. Forms of transfer or diversion of this case are indeed associated with the authority possessed discretion of law enforcement officers. Giddiness has appeared in the process of implementation of diversion by law enforcement officials, the search for forms of application of the criminal case handlingchild has become a growing discourse management. Policy taken toward the institution of criminal diversion not only becomes demand for law enforcement officers, but also must be institutionalized through plain legal mechanisms. It becomes author's concern to create more certain procedures to brighten solve on deviant children in this way

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Improvement of law enforcement officers training to act in emergency situations

SHS Web of Conferences ◽

10.1051/shsconf/20208700040 ◽

2020 ◽

Vol 87 ◽

pp. 00040

Author(s):

P.N. Voynov ◽

S.I. Kramskoy ◽

I.A. Amelchenko

Keyword(s):

Law Enforcement ◽

Professional Training ◽

Law Enforcement Officers ◽

Action Plans ◽

Highly Qualified ◽

Time Duration ◽

Work Related ◽

Emergency Situations ◽

Law Enforcement Officials ◽

Operational Service

The article presents a method of stage-by-stage training of law enforcement officers and proves its efficiency. The analysis of law enforcement officials’ professional qualifications shows the lack of knowledge about action plans in special conditions. The presented situation leads to the employee’s injuries or death, as well as failure of the operation being conducted. As a consequence, the Internal Affairs Agencies need highly qualified specialists who are able to perform operational service tasks in emergency situations. Similarly, the decline in the level of professional training is due to the change of generations and retirement of highly qualified law enforcement officers. There is a trend that characterizes the decrease in the efficiency of work related to the improvement of the personnel’s qualifications. The presented method defines the time duration of the stages, tasks and goals for each stage, conditions created at each stage and a form of control.

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MENYOAL PENGATURAN PEMBERIAN BANTUAN HUKUM TERHADAP ANAK PASCA REFORMASI

Yurispruden ◽

10.33474/yur.v2i2.2789 ◽

2019 ◽

Vol 2 (2) ◽

pp. 223

Author(s):

Aditya Wiguna Sanjaya

Keyword(s):

Law Enforcement ◽

Law Enforcement Officers ◽

Legal Rights ◽

Legal Assistance ◽

Best Interest ◽

Conceptual Approach ◽

The Future ◽

Law Enforcement Officials ◽

Legal Consequences ◽

The Ideal

ABSTRACTThe regulation regarding legal assistance for children has basically been stated in Law Number 11 of 2012, however in the formulation of regulation it appears that there is a contradiction between the meaning of legal assistance as legal rights and assistance as an obligation, especially in the context of legal assistance as an obligation attached to law enforcement officers. The purpose is to analyze whether the regulation of providing legal assistance to children in Law Number 11 of 2012 is in accordance with the principle of the best interest of the child, and provides ideas for formulating arrangements for providing legal assistance to children in the future. This paper using normative legal research methods with a legal approach and conceptual approach. The ideal arrangement in the future can be done by reformulating arrangements regarding existing legal assistance for children, namely eliminating legal aid as children's rights in the criminal justice system and formulating legal consequences in the form of illegal actions taken by law enforcement officials at every level of examination.Key words: Regulation, Legal assistance, Children ABSTRAKPengaturan bantuan hukum terhadap anak telah dituangkan dalam Undang-Undang Nomor 11 Tahun 2012, namun dalam formulasi pengaturan tersebut tampak adanya pertentangan makna antara bantuan hukum sebagai hak dan bantuan hukum sebagai kewajiban, terlebih dalam konteks bantuan hukum sebagai kewajiban yang melekat pada aparat penegak hukum. Tujuan penulisan ini yaitu untuk menganalisis apakah pengaturan pemberian bantuan hukum terhadap anak dalam Undang-Undang Nomor 11 Tahun 2012 telah sesuai dengan prinsip the best interest of the child dan memberikan gagasan formulasi pengaturan pemberian bantuan hukum terhadap anak di masa yang akan datang. Dalam penulisan makalah ini menggunakan metode penelitian hukum normatif dengan pendekatan perundang-undangan dan pendekatan konseptual. Pengaturan ideal di masa mendatang dapat dilakukan dengan mereformulasi kembali pengaturan mengenai bantuan hukum terhadap anak yang ada yaitu menghapuskan bantuan hukum sebagai hak anak dalam sistem peradilan pidana dan memformulasikan akibat hukum berupa tidak sahnya tindakan yang dilakukan aparat penegak hukum dalam setiap tingkat pemeriksaan.Kata Kunci: Pengaturan, Bantuan Hukum, Anak

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Penegakan Hukum Pidana Terhadap Penyelundupan Baby Lobster

PAMPAS: Journal of Criminal Law ◽

10.22437/pampas.v1i3.11085 ◽

2021 ◽

Vol 1 (3) ◽

pp. 45-57

Author(s):

Ayu Veronika ◽

Kabib Nawawi ◽

Erwin Erwin

Keyword(s):

Law Enforcement ◽

Human Resources ◽

Community Participation ◽

Criminal Law ◽

Law Enforcement Officers ◽

Law Enforcement Officials ◽

The Law

The purpose of this article is to find out the enforcement of the Criminal Law Against the Smuggling of Baby Lobster in the Legal Area of the Tanjung Jabung Timur Police and the obstacles in enforcing the Criminal Law. Using the empirical juridical method, this article shows that the criminal law enforcement of Baby Lobster Smuggling in the Legal Area of the Tanjung Jabung Timur Police has not been implemented effectively because of the integration and coordination between law enforcement officials and community participation to play a role in law enforcement is still lacking, law enforcement will run effectively if law enforcement officers can cooperate professionally in enforcing the law. Constraints in enforcing the criminal law of smuggling baby lobster in the Legal Area of the Tanjung Jabung Timur Police against the perpetrators, among others, are the factors of facilities and infrastructure and insufficient human resources of investigators, limited funds and the lack of public legal awareness. Abstrak Tujuan artikel ini adalah untuk mengetahui penegakan hukum Hukum Pidana Terhadap Penyelundupan Baby Lobster di Wilayah Hukum Polres Tanjung Jabung Timur serta kendala dalam penegakan hukum Hukum Pidana tersebut?. Dengan menggunakan metode yuridis empiris, artikel ini menunjukkan penegakan hukum pidana Penyelundupan Baby Lobster di Wilayah Hukum Polres Tanjung Jabung Timur belum terlaksana dengan efektif karena keterpaduan dan koordinasi antar aparat penegakan hukum serta partisipasi masyarakat untuk ikut berperan dalam pelaksanaan penegakan hukum masih kurang, penegakan hukum akan berjalan dengan efektif apabila aparat penegak hukum dapat bekerja sama secara profesional dalam menegakan hukum. Kendala dalam penegakan hukum pidana penyelundupan Baby Lobster di Wilayah Hukum Polres Tanjung Jabung Timur terhadap pelaku, antara lain pada faktor sarana dan prasaranannya dan sumber daya manusia personil penyidik yang kurang banyak, dana yang terbatas dan faktor kurangnya kesadaran hukum masyarakat.

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Kebijakan Formulasi Hukum Pidana terhadap Hak Anak Sebagai Pelaku Tindak Pidana dalam Undang-Undang Nomor 35 Tahun 2014 Tentang Perubahan Atas Undang-Undang Nomor 23 Tahun 2002 Tentang Perlindungan Anak

Wajah Hukum ◽

10.33087/wjh.v3i1.54 ◽

2019 ◽

Vol 3 (1) ◽

pp. 42

Author(s):

Nurhasan Nurhasan

Keyword(s):

Law Enforcement ◽

Child Protection ◽

Law Enforcement Officers ◽

Children's Rights ◽

Children’S Rights ◽

Criminal Sanctions ◽

Criminal Offender ◽

The Face ◽

Law Enforcement Officials ◽

Better Than

Today there are many perpetrators of crimes committed by minors. Such a thing has been proven because there has been a Juvenile Justice specifically dealing with child cases. In this case, the Judge in deciding a case carried out by minors rarely sees the rights of children as perpetrators of crimes, the Judge actually imposes criminal sanctions in accordance with the actions carried out by the child and often detained by law enforcement officers. This is the case, there is no listed children's rights as perpetrators of criminal acts in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. Even though children are criminals, they should receive the same treatment as other children. The reason for the emergence of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection is to provide guarantees for the fulfillment of their rights without discrimination and violence, especially sexual violence. Then the implication if a regulation on the rights of children is held as a criminal offender in Law Number 35 of 2014 concerning Amendment to Law Number 23 of 2002 concerning Child Protection is to protect children in the face of the law from the arbitrariness of law enforcement officials and the child remains get a decent education so that they can change the character of him who was evil to be better than the previous one. then the policy on the formulation of future criminal law relating to children's rights as perpetrators of criminal acts in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection is a need to regulate the rights of children as perpetrators of crimes in order to realize children smart kids

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Extremist Crimes Committed Using the Sphere of Telecommunications and Computer Information

Actual Problems of Russian Law ◽

10.17803/1994-1471.2021.133.12.167-176 ◽

2021 ◽

Vol 16 (12) ◽

pp. 167-176

Author(s):

L. V. Glazkova

Keyword(s):

Law Enforcement ◽

Law Enforcement Officers ◽

Virtual Space ◽

Telecommunication Networks ◽

High Tech ◽

The Social ◽

Law Enforcement Officials ◽

Definition Of ◽

Intellectual Level

To successfully counter extremist and terrorist crime in the virtual space, it is important to implement measures for improving legislation (clarification of extremism features, the introduction of a list of extremist crimes into the law, etc.), as well as measures to improve the training of law enforcement officials, wider involvement of specialists and experts in the investigation of cases, establishing cooperation with providers in order to timely identify extremist and terrorist crimes, a deeper study of the personality of criminals who specialize in committing extremist crimes using the field of telecommunications and computer information. The use of telecommunications and computer information in the commission of extremist crimes indicates a high intellectual level of the criminal, which helps him not only to commit high-tech crimes, but also to hinder the investigation of his actions using the same knowledge and experience. In this regard, the social danger of both the criminal and the offence committed by him increases, which should be taken into account when solving and investigating crimes. In addition, the professionalism of criminals makes increased demands on law enforcement officers investigating crimes of this type, which means that it is necessary to constantly improve their training in the field of computer information and telecommunication technologies. The paper discusses some issues of classification of extremism using computer and telecommunication networks, gives a definition of extremism, and suggests ways to solve problems in the qualification and organization of the investigation of the crimes in question.

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Types Of Crimes Perpetration Of Which By Law Enforcement Officer Is Of Criminal And Legal Importance

Actual problems of improving of current legislation of Ukraine ◽

10.15330/apiclu.49.34-46 ◽

2019 ◽

pp. 34-46

Author(s):

I.V. Bahan

Keyword(s):

Law Enforcement ◽

Criminal Responsibility ◽

Law Enforcement Officers ◽

Criminal Code ◽

Official Position ◽

Enforcement Officer ◽

The Status ◽

Law Enforcement Officials ◽

The Subject ◽

Law Enforcement Officer

The article is devoted to the analysis of some problematic aspects of determining the types of crimes perpetration of which by a law enforcement officer is of criminal and legal importance; various scientific works related to this topic are analyzed. The status of a law enforcement officer, who is an official, in many cases has criminal and legal value and affects both the qualification of the crime committed and the imposition of punishment. However, it should be noted that in the majority of cases such acts committed by law enforcement officers are too far from their law enforcement activities. The article investigates crime composition that provides for criminal responsibility for committing crimes by law enforcement officers and delineates them, conditionally dividing the crimes into seven groups that can be committed by a law enforcement officer, and the status of a law enforcement officer is of criminal and legal importance directly in the last four groups. Attention is drawn to the lack of a comprehensive study of the responsibility of law enforcement officials in the country and to the fact that the status of a law enforcement officer is of criminal and legal significance only in cases when a crime is committed in which according to the provisions of the Criminal Code of Ukraine, the subject of a crime is an official himself or when a law enforcement officer commits socially dangerous act, the subject of which is an official, or a qualifying feature of which is the commission of an act by an official using his or her official position, since the law enforcement officer is also an official performing the functions of a representative of the authorities.

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THE MODEL OF PENAL MEDIATION AS A COUNTERMEASURES OF VIOLENCE CONFLICT (CAROK) IN MADURESE SOCIETY BASED ON THE LOCAL WISDOM

JURNAL HUKUM DAN PERADILAN ◽

10.25216/jhp.8.2.2019.275-296 ◽

2019 ◽

Vol 8 (2) ◽

pp. 275

Author(s):

Cahyono Cahyono

Keyword(s):

Criminal Justice ◽

Law Enforcement ◽

Criminal Justice System ◽

Justice System ◽

Law Enforcement Officers ◽

Criminal Court ◽

Court System ◽

Sociological Jurisprudence ◽

Law Enforcement Officials ◽

Violent Conflicts

This research is to explore criminal mediation based on local wisdom in dealing with carok violent conflicts in Madurese society. There are two important problems in this study, which is the reason why the criminal justice system is less than optimal in dealing with carok in Madurese society and how criminal mediation can be a model in dealing with conflict based on local wisdom. The research method used in this study is the doctrinal and non-doctrinal methods. By using Freidman's theory and Sociological Jurisprudence related to comparative law, it was found that the criminal justice system is not fully optimal in dealing with carok violent conflicts in Madurese society because of differences in interpreting the concept of justice in the perspective of local communities, the dominance of legalistic perspectives on law enforcement officers and the strong practicality of maintaining self-esteem and religion. The criminal mediation model used by law enforcement officers on Madurese people is based on local wisdom which is a model of family criminal mediation (victim-perpetrators, families, reparations) that is connected to the criminal court system ranging from investigations, closing speeches, examination of cases involving parties warring parties, with mediators, scholars, and law enforcement officials, and the results are written as an act of peace that can be used by the perpetrators to change the sentence. The study recommends that it is very important for law enforcement officials and social leaders, religious scholars and district governments to act as neutral mediators by empowering customary peace institutions that are connected to the criminal justice system.

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Radical Islamists in the publications of the central press during the Dagestan campaign of 1999

Historia provinciae – the journal of regional history(rus ) ◽

10.23859/2587-8344-2021-5-1-6 ◽

2021 ◽

Vol 5 (1) ◽

pp. 217-255

Author(s):

Denis V. Tumakov

Keyword(s):

Law Enforcement ◽

Law Enforcement Officers ◽

War Crimes ◽

Military Operations ◽

Front Line ◽

Military Leaders ◽

The Caucasus ◽

Law Enforcement Officials ◽

The Media ◽

The Military

The article examines the image of radical Islamists, which was created in the publications of the largest domestic periodicals during the military operations in Dagestan in August–September 1999. The author analyses front-line reports and interviews with high-ranking military leaders published in such central newspapers and magazines as Nezavisimaya gazeta, Trud, Izvestiya, Kommersant, Echo planety, Novoe vremya and some others. Among the sources, there are both serious analytical broadsheets and tabloids. The author also pays attention to the regional press, for example, the Yaroslavl periodicals Karavan-Ros and Yaroslavskie novosti. These publications delivered valuable information on the ideology of the enemy, their weapons and equipment, and the war crimes they committed, and also reflected the attitude to the militants of the Russian soldiers and policemen who opposed them. The detachments of militants who opposed the federal forces and the Dagestani law enforcement officers appeared in these reports as cruel religious fanatics, intolerant of the bearers of any other ideology, ready to impose it on other people by force. At the same time, following military and law enforcement officials, Russian journalists were forced to recognize high combat qualities of the enemy, their perseverance and steadfastness in battle. Most of the pieces mentioned the fact that the rebels possessed a large number of modern weapons, both domestic and foreign-made, and also said that they had developed professionally competent in-depth defense. The author draws a conclusion about the antipathy of Russian reporters to the rebel combat units and identifies the reasons for the change in the attitude of the media towards them in comparison with the First Chechen War of 1994–96. In those years, journalists condemned military actions of the federal forces in the Caucasus, but in 1999 they supported the operation in Dagestan and considered Islamic radicals as ordinary bandits.

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HILANGNYA KEADILAN DALAM PENEGAKAN HUKUM MENURUT TEORI DISKRIMINASI

Jurnal Hukum dan Pembangunan Ekonomi ◽

10.20961/hpe.v8i2.49763 ◽

2021 ◽

Vol 8 (2) ◽

pp. 141

Author(s):

Nurindria Naharista Vidyapramatya

Keyword(s):

Law Enforcement ◽

Research Method ◽

Law Enforcement Officers ◽

Legal Certainty ◽

Conceptual Approach ◽

Legal Doctrine ◽

Legal Principles ◽

Donald Black ◽

Law Enforcement Officials ◽

The Law

AbstractThe Indonesian nation is currently experiencing a crisis of justice in law enforcement. This happens because it is only concerned with the aspects of legal certainty and formal-legality rather than justice. The law cannot be enforced if there are no credible, competent and independent law enforcement officers. Legal discrimination is a way for law enforcement officials to differentiate in the imposition of sanctions against someone who is influenced by that person’s ability both in the economic and power fields. This study discusses how discriminatory law enforcement is when viewed from Donald Black’s theory. The author will compare two cases with the same type of crime but different decisions. Then studied through Donald Black’s theory of legal discrimination. The purpose of this study was to determine the existence of discrimination in law enforcement from two similar cases but with different decisions which were reviewed through Donald Black’s theory of legal discrimination. The research method used by the author in this study is a normative juridical research method. The preparation of this research is analytical descriptive with a conceptual approach. The conceptual approach needs to examine legal principles that can be found from the perspective of scholars or legal doctrine. The results of this research are indeed proven that there is legal discrimination that occurs, this can be seen from the study of Donald Black’s theory. The suggestion for law enforcers is to be fair in any case, do not favoritism and discriminate, because all citizens are the same, equally need justice. AbstrakBangsa Indonesia saat ini sedang mengalami krisis keadilan dalam penegakan hukum. Hal ini terjadi karena semata-mata hanya mementingkan aspek kepastian hukum dan legalitas-formal daripada keadilan. Hukum tidak dapat ditegakkan apabila tidak ada aparat penegak hukum yang berkredibilitas, berkompeten dan independen. Diskriminasi hukum merupakan cara aparat penegak hukum yang membedakan dalam pemberian sanksi terhadap seseorang yang dipengaruhi oleh kemampuan orang tersebut baik dalam bidang ekonomi maupun kekuasaan. Penelitian ini membahas tentang bagaimana diskriminasi penegakan hukum jika ditinjau dari teori milik Donald Black. Penulis akan membandingkan dua kasus dengan jenis tindak pidana yang sama namun putusan yang berbeda. Lalu dikaji melalui teori diskriminasi hukum milik Donald Black. Tujuan dari penelitian ini adalah untuk mengetahui adanya diskriminsi dalam penegakan hukum dari dua kasus yang serupa tetapi memiliki putusan yang berbeda yang ditinjau melalui teori diskriminasi hukum milik Donald Black. Metode penelitian yang digunakan penulis dalam penelitian ini adalah metode penelitian yuridis normatif. Penyusunan penelitian ini bersifat diskriptif analitis dengan pendekatan konseptual. Pendekatan konseptual perlu mengkaji prinsip-prinsip hukum yang dapat ditemukan dari pandangan sarjana ataupun doktrin hukum. Hasil dari penelitian ini memang terbukti adanya diskriminsinasi hukum yang terjadi, hal ini dapat dilihat dari kajian teori Donald Black. Saran bagi para penegak hukum adalah bersikap adil terhadap kasus apapun jangan pilih kasih dan membeda-bedakan, karena semua warga negara adalah sama, sama sama butuh keadilan.

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