scholarly journals Labeling Theory On the Legal Expression of Police Clearance Certificate

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Athari Farhani ◽  
Ahmad Yulianto
Keyword(s):  
Crime Prevention ◽  
Code Of Conduct ◽  
State Institution ◽  
Labeling Theory ◽  
Legal Certainty ◽  
Preventive Action ◽  
Community Members ◽  
Legal Norms ◽  
Prevention Of Crime ◽  
National Police

Through state-owned equipment, the police are empowered to issue a Police Clearance Certificate (SKCK). However SKCK cannot label someone if someone is evil or not. Whereas written legal norms are characterized by legal certainty, in other words, law without certainty values will lose its meaning because it can no longer be used as a code of conduct for everyone. By reviewing references or literature related to criminal acts, prevention of crime, legal certainty and authority. SKCK is a preventive action carried out by the police institution as the State institution that has the authority over security and order. The responsibility for crime prevention is carried out by the National Police and the public by carrying out pre-emptive and preventive tasks, namely making community members obey and obey the law. Polri is responsible for approximately 20% of activities while 80% of other activities are the responsibility of the community which consists of various elements. The most important thing is that the label of criminal  not criminal is the authority of the court. So that SKCK is not based on crime prevention but is based on the concept of labeling.

THEORETICAL BASIS FOR THE PREVENTION OF PENITENTIARY CRIMES

2021 ◽  
pp. 73-79
Author(s):  
Андрей Александрович Нуждин
Keyword(s):  
Crime Prevention ◽  
Theoretical Basis ◽  
Information Support ◽  
Scientific Article ◽  
Sources Of Information ◽  
Preventive Action ◽  
Theoretical Understanding ◽  
The Difference

В свете роста числа преступлений, совершаемых осужденными и лицами, заключенными под стражу, аспекты предупредительного воздействия на возникающие в уголовно-исполнительной системе процессы выходят на лидирующее место. Важно понимать, что сотрудниками учреждений и органов уголовно-исполнительной системы принимаются значительные усилия для минимизации преступных посягательств. Тем не менее данная деятельность не всегда является системной и логически последовательной. Представляется, что проблема кроется в теоретическом базисе борьбы с пенитенциарной преступностью, который до настоящего времени так полноценно и не сложился. Цель научной статьи заключается в теоретическом осмыслении института предупреждения пенитенциарных преступлений, уяснении методов и мер предупредительного воздействия, определения источников информационного обеспечения. Автор постарался максимально точно определить границы пенитенциарных преступлений, показать разницу в методах и мерах предупреждения преступности в уголовно-исполнительной системе. В статье указаны источники информационного обеспечения, проводя анализ которых возможно предельно ясно понимать, какие методы будут эффективными при выявлении причин и условий, способствующих совершению пенитенциарных преступлений, а какие меры будут способствовать борьбе с преступностью осужденных и лиц, заключенных под стражу. In the light of the growing number of crimes committed by convicted persons and persons in custody, the aspects of preventive impact on the processes that arise in the penitentiary system are taking a leading place. It is important to understand that employees of institutions and bodies of the penitentiary system make significant efforts to minimize criminal attacks. However, this activity is not always systematic and logically consistent. It seems that the problem lies in the theoretical basis of the fight against penitentiary crime, which has not yet fully developed. The purpose of the scientific article is to provide a theoretical understanding of the Institute for the prevention of penitentiary crimes, to understand the methods and measures of preventive action, and to determine the sources of information support. The author tried to define the boundaries of penitentiary crimes as accurately as possible, to show the difference in methods and measures of crime prevention in the penitentiary system. The article indicates the sources of information support, analyzing which is possible to understand very clearly what methods will be effective in identifying the causes and conditions that contribute to the Commission of penitentiary crimes, and what measures will contribute to the fight against crime of convicts and persons in custody.

scholarly journals Discrepancy between the Theory and Practice of Crime Prevention

2021 ◽  
Vol 15 (3) ◽  
pp. 605-612
Author(s):  
Igor’ M. Matskevich
Keyword(s):  
Crime Prevention ◽  
Theory And Practice ◽  
Federal Law ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Prevention System ◽  
Preventive Work ◽  
Research Problems ◽  
Prevention Of Crime ◽  
Selection Of

Introduction: the article considers the concept of prevention in several aspects (social prevention, criminological prevention, situational prevention, evolutionary prevention). We describe the subjects implementing the prevention of offenses and consider the issue of public participation in this process in historical and modern periods. We focus our attention on the prevention of new crimes in the institutions of the Federal Penitentiary Service, emphasize its importance during the period of serving a sentence (educational techniques and methods) and after release (interaction of probation inspectorates with law enforcement agencies for the re-socialization of released convicts). We outline possible risks and difficulties of organizing crime prevention together with public organizations: determining preferences for activists; politicization of preventive work (obtaining additional electoral points); selection of activists (preventing the involvement of representatives of the criminal environment). In the context of considering ways to improve prevention, much attention is paid to the prevention of crime through technological innovations: control over people’s movement using a mobile phone; analysis of web browsing history; computer programs for crime prevention; compilation and maintenance of federal database programs; chipping, etc. The study is based on the accumulated experience of implementing preventive work, which is described in the sections “Prevention yesterday” and “Prevention today”. The article analyzes examples of crime prevention in Thailand, the U.S. etc., and reflects the results of implementation of the “Safe City” program in Moscow. The methodological basis of this study is represented by the axiological approach. Research problems were addressed with the use of general philosophical principles of dialectics and special methods of cognition: systematic, formal-legal, sociological, etc. Results: the public remains the most important element of the prevention system. It is necessary to develop and legally consolidate the relevant activities, for example, as it is done in Article 11 of the Federal Law “On the fundamentals of the system for prevention of neglect and juvenile delinquency”. Legal education should be the main weapon in the hands of the subjects of prevention. Elimination of crime should become the main direction of prevention.

scholarly journals Analisis Hukum Perjanjian Penyembuhan Kepada Pasien Dari Penyelenggara Praktik Pengobatan Tradisional

PRANATA HUKUM ◽  
2018 ◽  
Vol 13 (2) ◽  
pp. 133-142
Author(s):  
Rissa Afni Martinouva
Keyword(s):  
Traditional Medicine ◽  
Health Care Providers ◽  
Traditional Healers ◽  
Health Law ◽  
Care Providers ◽  
Legal Certainty ◽  
Community Members ◽  
Traditional Treatment ◽  
Medical Practices ◽  
Treatment Providers

The organization of traditional medicine practices is an alternative healing path besides medical methods. The practice of traditional medicine must be supported by a health law device intended to provide legal certainty and protection for community members as patients and traditional treatment providers. This study is intended to find out the regulations that protect the organization of traditional medical practices and the forms of healing agreements provided by providers of traditional medical practices for patients. The research method used is normative by reviewing regulations, literature studies and observations of traditional medicine. The implementation of traditional medical practices is supported by several regulations including the Minister of Health Decree No. 1076 / MENKES / SK / VII / 2003 concerning Traditional Medicine Administrators and Law No. 36 of 2009 concerning Health. The health law instrument is intended to provide legal certainty and protection for community members as patients and traditional treatment providers. The traditional treatment agreement is clear that if carried out in accordance with the procedures specified by law is a legal agreement and binds the parties to traditional healers and patients. The type of agreement used by traditional healers and patients is a healing agreement (therapeutic agreement). A therapeutic agreement is a term of agreement that deals with a doctor that also applies to traditional healing staff as health care providers. Healing agreements within the scope of traditional medicine are not currently supported by clarifying the legal requirements of the agreement specifically.

scholarly journals GAGASAN PENGATURAN HUKUM PEMERIKSAAN PERSEROAN TERBATAS (Suatu Evaluasi Normatif terhadap Pasal 138 - Pasal 141 Undang-Undang Nomor 40 Tahun 2007 tentang Perseroan Terbatas)

2011 ◽  
Vol 11 (2) ◽  
Author(s):  
Muhammad Syaifuddin
Keyword(s):  
Corporate Governance ◽  
Legal Certainty ◽  
Legal Norms ◽  
Legal Rules ◽  
Good Corporate Governance ◽  
Normative Evaluation ◽  
Limited Company ◽  
A Company

Law No. 40 Year 2007 oblige good corporate governance. Practically, there is a chance to do wrongful act which cause bad corporate governance. Law No. 40 Year 2007 have some legal inconsistencies, so that cause uncertainty and unused legal practically. The idea of regulating on investigating of a company in forward has to develop of strengthening of legal certainty principle and legal utility principle (besides legal justice principle) which concrete in positive legal norms about performing, governing, investigating and post-investigating of a limited company by shares as a system. Then, the revising of positive legal norms about investigating of a limited company by shares consistently, which refers to the logics of legal rules. Keywords: the investigating, limited company by shares, normative evaluation, legal inconsistency

CRIME PREVENTION IN URBAN PLANNING

2020 ◽  
Vol 3 (XX) ◽  
pp. 153-166
Author(s):  
Mariusz Paradowski
Keyword(s):  
Urban Planning ◽  
Crime Prevention ◽  
Short Summary ◽  
Prevention Of Crime ◽  
Preventive Law

This article presents issues the prevention of crime. In the introduction, it’s creates to the understanding of security in sociological and legal terms. Then, it’s indicates the essence and importance of planning acts in the sphere of crime prevention. Further, it’s discusses preventive law of administration and rules of the CPTED program in crime prevention. The elaboration has short summary.

Analysis of Legislative Supply of Informational and Informational– Analytical Activities of National Police of Ukraine

2020 ◽  
Vol 12 (1) ◽  
pp. 69-76
Author(s):  
Svіatoslav Senyk
Keyword(s):  
Law Enforcement ◽  
European Community ◽  
Social Relations ◽  
Effective Interaction ◽  
Important Criterion ◽  
Law And Order ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
The Social ◽  
National Police

In the article a number of Laws of Ukraine are analysed, which are the basis for the development of sub-normative legal acts in the field of informational and informational–analytical activities of the National Police of Ukraine, in order to establish a connection between the legal norms and the social relations that are regulated. It is accordingly one of the aspects that will contribute to achieving the highest possible level of law and order in society. As a result of the research, the underlying Laws and Derivatives (Laws based on the fundamental and specific provisions) in this area have been identified. It is proven that realisation and strict observance of the considered legislative norms in the field of informational and informational–analytical support of the activities of the National Police of Ukraine will help to bring the standards of this type of activity to the relevant standards of law enforcement bodies of European states, to ensure effective interaction between separate units of both the National Police of Ukraine, and between the National Police and other law enforcement agencies of Ukraine and European states, and it will also help to build the trust of the European community in the activities of the National Police, which is an extremely important criterion for assessing the activities of law enforcement agencies in Ukraine.

The Conceptual Framework of the Information and Telecommunication Law: Enforcement Issues

2016 ◽  
Vol 4 (10) ◽  
pp. 0-0
Author(s):  
Людмила Терещенко ◽  
Lyudmila Tyeryeyenko
Keyword(s):  
Law Enforcement ◽  
Conceptual Framework ◽  
Internet Technology ◽  
The Internet ◽  
Legal Certainty ◽  
Legal Norms ◽  
Communication Law ◽  
Legal Science ◽  
Information Law ◽  
Use Of Internet

This article analyzes the existing conceptual framework of the information and telecommunication law in general and those norms, which recently have been included into the legislation of terms and their definitions, and relation of the terms used. It is shown that information law and communication law are heavily influenced by the information and telecommunication technologies, the Internet. First and foremost these technologies are sources of new terms in law. It is noted that the use of Internet technology arises questions in legal science: whether regulation is required within emerging relationships, whether it is possible to apply existing "traditional" legal norms and whether law is really able to influence these relationships. Given the fact that a mandative feature of norms established by a State should be legal certainty, it is necessary to adapt the new terms to law, to include them into the framework and to provide adequate definitions.

scholarly journals WANPRESTASI TERHADAP AKTA PENGAKUAN UTANG DIBAWAH TANGAN DENGAN JAMINAN SERTIFIKAT HAK MILIK ATAS TANAH DITINJAU DARI PASAL 12 UNDANG-UNDANG NOMOR 4 TAHUN 1996 TENTANG HAK TANGGUNGAN ( Analisis Putusan Kasasi Nomor 837 K/Pdt/2019 )

2020 ◽  
Vol 3 (1) ◽  
pp. 105
Author(s):  
Aria Dimas Harapan ◽  
Andi Safira Yan Istiany
Keyword(s):  
Research Method ◽  
Court Decisions ◽  
Legal Certainty ◽  
Legal Norms ◽  
Civil Case ◽  
Sense Of Security ◽  
Ratio Decidendi ◽  
Credit Agreement ◽  
Case Number ◽  
Legal Consequences

Starting from the need for capital, in practice some people are reluctant to make credit with banks, because the process is considered difficult, and too convoluted. Therefore, some people prefer to borrow a certain amount of money from individuals or what is better known as debt or credit. Talking about the debt and credit agreement, it will be closely related to collateral because every creditor needs a sense of security for the funds he lends. The author's research is made to examine and find out what efforts can be made if there is default in an underhand debt acknowledgment that guarantees the title of title to land without being preceded by a principal agreement, as well as the judge's consideration (Ratio Decidendi) in the Cassation Decision Number 837K / Pdt / 2019 concerning default in the debt acknowledgment. The research method used in this study is a descriptive normative juridical approach, namely research that refers to the legal norms contained in statutory regulations and court decisions. The results of the research obtained by the author in this study are the first consideration of the judge in deciding Case Number 837 / K / Pdt / 2019 is not quite right because in theory the judge's decision overrides legal certainty for a civil case by deciding in default of a debt acknowledgment, which then the judge also also declared null and void the debt acknowledgment. Where based on the provisions of Article 12 of Law Number 4 of 1996 concerning Mortgage Rights, the guarantee which is the object of the author's research, is a forbidden cause that is contrary to the validity of an agreement, so that the legal consequences are null and void from the start without having to obey prior default in the debt recognition deed. So that the author's suggestion is necessary for parties who want to carry out lending and borrowing activities, especially in terms of debt and credit, first understand any rules and legal norms that apply to their actions, so that they will not cause losses among the parties who bind themselves in the future.

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