scholarly journals Wewenang dan Hambatan Penyidik Pegawai Negeri Sipil Satuan Polisi Pamong Praja dalam Pelaksanaan Upaya Paksa terhadap Pelanggaran Kasus Asusila

2014 ◽  
Vol 9 (2) ◽  
pp. 230
Author(s):  
Yudistira Rusydi

Penelitian ini bertujuan untuk menganalisis wewenang Penyidik Pegawai Negeri Sipil dalam kasus asusila dengan mengambil studi kasus di Kota Palembang. Data yang digunakan adalah data Primer yang dikumpulkan melalui metode wawancara dengan Satuan Polisi Pamong Praja. Hasil penelitian ini menunjukkan bahwa Penyidik Sipil memiliki beberapa wewenang, yaitu: menerima laporan atau pengaduan dari individu tentang tindak pidana, Mengambil sidik jari jari dan menembak seseorang, Memanggil orang untuk didengar dan diperiksa sebagai tersangka atau saksi, membawa ahli dalam hubungannya dengan pemeriksaan kasus ini, penghentian penyelidikan setelah menerima instruksi dari penyidik bahwa ada cukup bukti dan bukan merupakan tindak pidana, melakukan tindakan lain yang secara hukum dapat dibenarkan. Selain itu, dalam rangka pelaksanaan fungsi kepolisian Kota untuk kasus yang terjadi di Kota Palembang, Penyidik Pegawai Negeri Sipil juga memiliki kewenangan untuk melakukan tindakan preventif melalui penyuluhan, bimbingan, pelatihan, pengawasan dan bantuan pembinaan, baik perorangan maupun kelompok orang diyakini sebagai sumber munculnya pengemis galandangan dan Pelacur. Dalam menjalankan tugasnya tersebut, Penyidik Pegawai Negeri Sipil menghadapi sejumlah kendala, seperti faktor undang-undang, dimana kewenangan yang dimiliki oleh Polisi Pamong Praja dalam konteks penegakan hukum terbatas pada non-yudisial, seperti hanya terbatas pada pelaksanaan dan penegakan peraturan daerah. Selain itu, faktor yang paling berpengaruh dalam menegakkan hukum adalah faktor penegak hukum khususnya menyangkut kemampuan dan profesioanlitasnya. <br /><br /><br /><em>This study aims to analyze the Civil Servant authority in investigating the immoral cases and their barriers. This study takes a case in the city of Palembang. The data used is Primary data were collected through interviews with the Civil Service Police Unit. The results of this study indicate that the Civil Investigators have some authority, namely: to receive reports or complaints from individuals regarding the crime, taking finger prints and shoot someone, Calling people to be heard and questioned as a suspect or witness, bringing experts in conjunction with the examination of this case, termination of the investigation after receiving instructions from the investigator that there is sufficient evidence and is not a criminal offense, other actions that may be legally justified. Moreover, in the framework of the implementation of the City police function for the case in Palembang, Civil Servant Investigators also have the authority to take preventive measures through counseling, guidance, training, supervision and coaching support, both individuals and groups of people believed to be the source of the emergence of a beggar galandangan and Prostitutes. In carrying out these duties, Civil Servant Investigators face a number of obstacles, such as legislation factor, where the authority of the Municipal Police in the context of law enforcement is limited to non-judicial, as only limited to the implementation and enforcement of local regulations. In addition, the most influential factor in enforcing the law is a factor, especially regarding the ability of law enforcement and profesioanlitasnya.</em>

2020 ◽  
Vol 3 (1) ◽  
pp. 10-17
Author(s):  
Ridzwan Budiadi ◽  
Eriska Englin Sofia Butarbutar ◽  
Rony Parlungutan Tampubolon

The circulation of narcotics is one of the problems that should get more attention in Indonesia, especially in the city of Medan. This study uses the juridical-normative method in explaining research questions. In reinforcing arguments and explanations, researchers used primary data through direct interviews with the North Sumatra National Narcotics Agency (BNN) and secondary through scientific writings, news and official government publications. This paper explains that the government must be able to enforce the law related to the crime of narcotics trafficking, this is due to the large impact that can arise from the destruction of Indonesia's young generation.


Author(s):  
St. Nurjannah

AbstractThe form of law enforcement against brand violations in the city of Makassar has been regulated in Law No. 20 of 2016 that has been good and perfect because it has gone through several revisions and in practice, law enforcement against these violations has been carried out well by investigators of the civil service Ministry of Law and Human Rights who work closely with the Republic of Indonesia National Police investigators and Public Prosecutors. But it is needed addition to the number of civil servant investigators in the scope of ministries that specifically deal with violations of brand rights and IPR as a whole so that enforcement and implementation of the Law / 20 of 2016 is more maximal. The stipulation of laws concerning brands which constitute complaint offenses must be changed to the usual offense of enforcement of violations of Brand Rights which can be immediately processed by the authorities without waiting for a complaint.Key Words: Law Enforcement, Brand RightsAbstrakBentuk penegakan hukum terhadap pelanggaran merek di kota Makassar telah diatur didalam UU No. 20 Tahun 2016 yang telah bagus dan sempurna karena telah melalui beberapakali revisi dan dalam prakteknya, penegakan hukum terhadap pelanggaran ini telah dijalankan dengan baik oleh penyidik pegawai negeri sipil kementerian Hukum dan Ham yang berkerja sama dengan penyidik Kepolisian Negara republik Indonesia serta Penuntut Umum. Namun, diperlukan penambahan jumlah penyidik pegawai negeri sipil dilingkup kementrian yang khusus menangani pelanggaran hak merek dan HKI secara keseluruhan agar penegakan dan penerapan UU/20 tahun 2016 lebih maksimal. Penetapan UU tentang merek yang merupakan delik aduan harus diubah menjadi delik biasa sehingga penegakan terhadap pelanggaran Hak Merek dapat segera diproses oleh pihak yang berwajib tanpa menunggu adanya aduan.Kata Kunci: Penegakan Hukum, Hak Merek


2015 ◽  
Vol 6 (2) ◽  
pp. 169
Author(s):  
Teguh Amor Patria

Tourism is one of the largest industries in the world today, and heritage tourism is one tourism segment that has shown a rapid growth. Heritage tourism in Indonesia only began to grow in the beginning of this millennium, marked by emergence of heritage tourism organizations in a number of major cities. In the city of Bandung, heritage tourism activities were initially organized in 2003 following the birth of Bandung Trails. The organization has been active in organizing heritage tours annually. Identification of heritage tourism development, both from demand and supply side, is the goal of a research that became the basis for this paper. The type of the research is qualitatiive and the population taken was the participants of tours organized by the Bandung Trails between 2003 and 2007. Samples were chosen randomly involving around 750 respondents who were given questionnaires from which primary data of profiles and demand patterns were generated. Aside from that, secondary data from literatures were used to identify the conditions of heritage tourism products at the supply side. Heritage tourism is a new phenomenon in Bandung that began to develop in the early millennium and pioneered by grassroots communities in heritage conservation. Findings of this research include, from the supply side, some challenges in the development of heritage tourism in Bandung, such as weak law enforcement, limited economic condition of local communities, and lack of attachment between the communities and heritage objects. From the demand side, heritage tourists in Bandung was domnated by young people aged 19-30 (78%) and it is assumed that there is a connection between level of education and interest in heritage tourism.


2018 ◽  
Vol 1 (2) ◽  
pp. 383
Author(s):  
Misbakhul Munir ◽  
Sri Endah Wahyuningsih

Issues examined in this study were (1) Implementation of law enforcement against liquor by the Police Demak. (2) Obstacles encountered. (3) How the solutions do about it. The purpose of this study was to understand, describe, analyze and assess the implementation of enforcement by the Police in combating liquor Demak. The method used is Juridical Sociological with specification of descriptive analysis, the data used are primary data and secondary data so that the data collection method used is qualitative analysis. (1). Implementation of Law Enforcement by Police in combating liquor Demak carried out by (a) Preventive measures, namely the dissemination and raids (b) repressive actions, namely investigation, investigation, prosecution and trial. (2). Barriers Police Demak in law enforcement in combating the circulation of liquor (a) factor is the law that is not yet the enactment of a special law regulating the circulation of liquor (b) Factors law enforcement, namely the limited human resources (c) Factors of facilities (d) community factors, namely the lack of legal awareness (e) Cultural factors of society violates the cultural values of society. (3) Efforts by the Police Demak to overcome the obstacles in the fight against the circulation of liquor (a) Factors law (b) Improve the quality of Human Resources (c) Adding equipment and funds (d) Conducting socialization (e) To promote cooperation between agencies Related in Demak district.Keywords: Law Enforcement, Police, Liquors.


2020 ◽  
Vol 4 (1) ◽  
pp. 226
Author(s):  
Tinuk Dwi Cahyani

Currently we are concerned when witnessing the news about Operation CatchingHands (OTT) or the action of the regional head. As for the case in East Java alone,there were 13 regional heads affected by the KPT OTT. In 2018 yesterday the KPKconducted OTT, as many as 30 times OTT and 20 of them involved regional heads(Kompas, 2/28/2019). Regarding the Eradication of Corruption, Indonesia actually has had regulations since 1971, through Law Number 3 of 1971 concerning Eradication of Corruption. Subsequently in 1999, Law Number 31 of 1999 concerning the Eradication of Corruption Acts became the main rule regarding law enforcement in eradicating corruption in Indonesia, which was later revised through Law Number 20 of 2001 in several articles. Based on the background above, the formulation of the problem in this study is: What is the community's understanding of corruption especially in the city of Malang? The type of data used are primary data, secondary data and tertiary data. Primary data were obtained from interviews with people in Malang who were not legal experts. Whereas Secondary Data is obtained from various sources or legal materials such as Law Number 31 of 1999 Concerning Corruption and other Regulations relating to corruption. While tertiary material is obtained from various corruption cases that occur in the city of Malang. Data is processed based on qualitative analysis. Where the researcher uses secondary legal material sources, namely by examining the elements of criminal acts of corruption, especially in Law Number 31 of 1999 concerning Eradication of Corruption, is it in accordance with the applicable regulations. The process of analyzing the data first is to examine the results of interviews with the community in Malang, then analyzed using Law Number 31 of 1999 Concerning Eradication of Corruption, is it in accordance with the applicable regulations. the results of the study the authors get field data that illustrates that in fact there are already a lot of general public especially in the poor city of Lowokwaru  sub-district who understand about criminal acts of corruption, but about 16% of the people there are less understanding of corruption, they just know the meaning corruption without knowing how and what they have to do if that happens or they know even they fear their security is threatened when showing their active role against corruption.


2020 ◽  
Vol 3 (1) ◽  
pp. 41
Author(s):  
Junaidi Junaidi ◽  
Sri Endah Wahyuningsih ◽  
Ira Alia Maerani

The problems of this study were 1) corporate position as the subject of criminal law in Indonesia? 2) law enforcement against corporations as subjects of a criminal offense of embezzlement in office at the Court Sumber of Cirebon Regency? 3) accountability of corporate directors to the crime of embezzlement in office by Court Sumber of Cirebon Regency.The method used by researchers is sociological approach juridical law and specification in this study were included descriptive analysis. The source and types of data in this study are primary data obtained from interviews with field studies The defendant and the Legal Counsel in prisons Cirebon, And secondary data obtained from the study of literature. Data were analyzed qualitatively.Based on the results of this study are The position of the corporation as a subject of criminal law in particular is currently only recognized in the Act governing the criminal offense outside the Criminal Code. Law enforcement has inkracht / final until a court decision with the principle of lex generalis / delict general, instead of using the principle of lex sepesialis for in the Penal Code there is no article regulating the criminal offense of corporate (Company Law) Law Company Limited of the Republic of Indonesia No. 40 of 2007 . Accountability director of the corporation against the crime of embezzlement in a position based on the decision of the Court Sumber of Cirebon Regency is from the start (LP) Police Report Number: LP B / 446 / X / 2017 / Jabar / RES CRB dated October 8, 2018 and has been decided by the Court in decision Number 202 / Pid.B / 2019 / PN Sbr.Keywords : Responsibility; Corporate; Crime; Fraud; Position.


2020 ◽  
Vol 19 (2) ◽  
pp. 111-132
Author(s):  
Wan Agusti

Protection and law enforcement in the field of health for the people of Pekanbaru City is clearly still lacking, many people complain about the protection of health. So that in this study will be discussed about how the legal protection of public health services in the city of Pekanbaru based on Law Number 36 of 2009 concerning Health. This type of research is sociological, so the data source used is primary data from interviews, secondary data from libraries and tertiary data from dictionaries, media, and encyclopedias. Data collection techniques are done by observation, interviews, and literature review.


Author(s):  
Fahrul Rizki Hidayat ◽  
Lalu Sabardi ◽  
Kurniawan Kurniawan

This study discusses the role and function of the Notary Supervisory Board against the notary who violates the code of ethics and notary position. It applies the empirical legal juridical research method that is carried out by examining the conditions in the field related to the implementation of supervision and guidance of notaries by the Supervisory Board in Mataram City. Based on Article 1 paragraph (6) Law on Notary Position, the Notary Supervisory Board is an institution that has the authority and obligation to carry out guidance and supervision of the notary. In carrying out supervision and guidance, the Minister forms a Supervisory Board consisting of 3 (three) levels which include the Regional Supervisory Board in the city/regency, the Provincial Supervisory Board in the province and the Central Supervisory Board in the capital. Each level consists of 9 (nine) different people; each of 3 (three) people came from government, notary, expert/academic elements. The Supervisory Board has very important roles and functions in law enforcement against notaries in their territories in holding hearings to check for suspected violations of the code of ethics and notary position. Law enforcement can be in the form of preventive measures (supervision) and curative steps (implementation of sanctions). Thus, if the notary commits a violation, the Supervisory Board has the right to examine and sanction him/her. Sanctions can be in the form of written warning, temporary dismissal, respectful dismissal and/or disrespectful dismissal.


2017 ◽  
Vol 19 (4) ◽  
pp. 306 ◽  
Author(s):  
Bitta Pigawati ◽  
Nany Yuliastuti ◽  
Fadjar Hari Mardiansjah

The need to settle is a basic need of people that must be fulfilled. The weakness of law enforcement and public awareness on the spatial planning implicate the emergence of settlement areas in various locations that are less suitable for its allocation. The settlements in Semarang are growing very fast and tending to be unfocused. The increase of built area especially in residential areas indicates reduced of green open space and the catchment area. This phenomenon begins to appear in the outskirts of Semarang. This study aims to examine the development of settlements that occurred during the period of 10 years in the outskirts of the city of Semarang. It includes 10 districts, further, this study used descriptive quantitative and spatial analysis. The results showed that the completeness of the factor is the most influential factor on the development of settlements. Settlements tend to develop regularly with a regular pattern. The residential development areas also occur in the catchment area and in locations that are not suitable for allotment, so that limitation efforts should be made on the development of settlements. There are still some locations that are possible for the construction of settlements in the outskirts of Semarang. The government needs to follow up this issue by providing information to the community, so that the development of settlement is in accordance with the direction of urban development


Author(s):  
Anastasiya Senko

. The article deals with some aspects of investigating theft of citizens' luggage at the airport. The features of forensic characteristics for faster investigation of the investigated category of criminal offenses are considered. The author emphasizes that the creation of a stable system is a prerequisite for the effectiveness of any activity. The process of pre-trial investigation of criminal offenses is not an exception. An important element of the methodology of investigation of a particular criminal offense is its forensic characteristics. This element allows law enforcement officials to build versions and determine the direction of criminal proceedings at its initial stage. At the same time, when investigating theft of citizens' luggage at the airport, the initial stage is in many cases crucial. It provides an opportunity to gather sufficient evidence that will be lost over time without being able to recover it. Therefore, the issue of research and development of the cur-rent forensic characteristics of the offense is important for the investigation as a whole. It is also noted that the forensic characteristics of the citizens' luggage theft committed at the airport is a system of generalized evidence of the studied materials of the forensic practice, which reflect the connection and correlation of individual forensically significant elements that can be used in the pre-trial investigation of a specific criminal offense. The system of the designated category consists of the following elements: method of preparation, commission and concealment of a criminal offense; the subject of the assault; the situation of committing a criminal offense; a trace picture; the person of the offender; the identity of the victim.


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