scholarly journals ISLAM DAN KEMAJEMUKAN DI INDONESIA (Upaya Menjadikan Nilai-nilai yang Menjunjung Tinggi Kemajemukan dalam Islam sebagai Kekuatan Positif bagi Perkembangan Demokrasi)

Asy-Syari ah ◽  
2015 ◽  
Vol 18 (2) ◽  
Author(s):  
Nurrohman Syarif

Indonesia is a pluralistic nation when seen from diverse ethnic, cultural, linguistic, ethnic and religious diversity as a result of it is likely to have a positive impact or negative. Pluralism in Islamic thought caused by the many schools of theology, jurisprudence flow or Islamic law, schools of philosophy, mysticism or the mysticism and political currents. In this paper, the authors focus on explaining some of the factors that hinder the development of pluralism in Indonesia, which is associated with the concept of the protection of religion, the concept of ‘amar ma‘ruf nahyi munkar, the concept nasakh-mansukh, other threats to diversity is the rise of authoritarianism in the interpretation of religion, lack of enforcement law from law enforcement officials in Indonesia, and the weakness of education and understanding among Muslims toward religion.

2017 ◽  
Vol 17 (1) ◽  
pp. 135
Author(s):  
Sakirman Sakirman

Ethics is the foundation of a profession which becomes a common concern because of frequent misusesymptoms to the profession. The emergence of the discourse of professional code of ethics for judgesdeparted from the reality of law enforcement officials (especially judges) that ignores the values ofmorality. Although professional actors (judges) already have the code of professional conduct of judgesas moral standards, it has not been a positive impact, especially not able to change the image of societyto face justice for the better. Existing code of ethics is not providing value in favor of the realization ofthe purpose of the law, so it needs to be reviewed or revised to suit the changing situation. One way toenforce the rule of law is to enforce ethics, professionalism, and discipline. The values contained in thecode of professional conduct of judges in an ethical standpoint of Islamic law is very important to bestudied. Professional ethics of judges in principle contain moral values underlying professional personality,namely freedom, fairness and honesty. Professional ethics of judges and law is a unity that isinherently contained ethical values of Islam which is the foundation of understanding the Islamic law,so basically the code of professional conduct of judges in line with the values of the Islamic ethicalsystem. Islamic legal ethics built on four basic values which are the values of truth, justice, free will andresponsibility.


Author(s):  
Dean A. Dabney ◽  
Richard Tewksbury

The actual activities, strategies, and processes of how law enforcement officials work with and manage confidential informants is explicated in this chapter. Here the processes of working within (and around) bureaucratic requirements for establishing and maintaining a relationship with an informant is examined. So too are the many ways that relationships between individual officers and informants are structured and maintained, the costs, benefits, and dangers (personal and professional) of creating a “too close” relationship are outlined and the ways in which such relationships are authentic or manipulative presented. Management of the relationship with an informant, while keeping them motivated, honest and reliable are underscored through reports of relationships, both successful and not.


2021 ◽  
Author(s):  
Vladimir Duyunov

The monograph continues the study of the phenomenon of criminal law as a purposeful special state activity carried out in the order of the state's reaction to criminal behavior and crime. Proceeding from the key value of goal-setting and the goals of activities in the field of combating crime, the author attempted an in-depth study of this problem through the prism of the goals of the state policy of combating crime, the goals of criminal law impact, an analysis of the debatable problem of punishment and the problem of goal-setting in the criminal legislation of the Russian Federation. The monograph is intended for students, graduate students, researchers, teachers of law schools, law enforcement officials and all persons interested in the problems of criminal law.


Author(s):  
Joseph Williams ◽  
Georgina Humphries

Law enforcement officials (LEOs) in the UK conduct open source research (OSR) as part of their routine online investigations. OSR, in this instance, refers to publicly available information that is accessed via the Internet. As part of the research, identifying and tracing the electronic suspect (RITES) course provided by the UK's College of Policing, LEOs are introduced to the open source internet research tool (OSIRT); a free software tool designed to assist LEOs with OSR investigations. This article draws on analyses from questionnaires and observations from a RITES course; mapping them to Kirkpatrick's evaluation model. Results showed the positive impact the RITES course had in transferring knowledge back on-the-job, with LEOs applying knowledge learned to real-life investigative scenarios. Additionally, results showed OSIRT integrated both in the RITES course and into the LEOs investigative routine.


2020 ◽  
Vol 3 (1) ◽  
pp. 69-80
Author(s):  
Budi Pramono

The implementation of law enforcement in the Indonesian military environment according to the writer's observation is still chaotic and there is sectoral ego. Discretion is very important in law enforcement in the military legal system, law enforcement officials are required to act wisely, wisely and responsibly. This research is a study of normative law using statutory and conceptual approaches. Every policy issued by public officials must pay attention to the signs that do not conflict with law and human rights, do not conflict with statutory regulations, must apply the general principles of good governance; and does not conflict with public order and decency. The use of discretion has a positive impact on law enforcement, although in certain circumstances the public interest must violate the law. In conducting discretion a clear and accurate consideration is needed, so that it can be accounted for legally, morally and to the community seeking justice, so that military soldiers before becoming law enforcers must go through education/courses first.Pelaksanaan penegakan hukum di lingkungan militer Indonesia menurut pengamatan penulis masih terjadi carut marut dan adanya ego sektoral. Diskresi sangat penting dalam penegakan hukum dalam sistem hukum militer, aparat penegak hukum dituntut untuk bertindak arif, bijaksana dan bertanggung jawab. Penelitian inimerupakan peneltian hukum normatif dengan menggunakan pendekata perundang-undangan dan konseptual. Sertiap kebijaksaan yang dikeluarkan oleh pejabat publik harus memperhatikan rambu-rambu tidak bertentangan dengan hukum dan HAM,  tidak bertentangan dengan peraturan perundang-undangan, wajib menerapkan asas-asas umum pemerintahan yang baik; serta tidak bertentangan dengan ketertiban umum dan kesusilaan. Penggunaan diskresi berdampak positif terhadap penegakan hukum, meskipun dalam keadaan  tertentu untuk kepentingan umum harus melanggar hukum. Dalam melakukan diskresi diperlukan  pertimbangan yang jelas dan akurat, sehingga dapat dipertanggung jawabkan secara hukum,  moral dan kepada masyarakat pencari keadilan, sehingga prajurit militer sebelum menjadi penegak hukum harus melalui pendidikan/kursus terlebih dahulu.


2019 ◽  
Vol 1 (1) ◽  
pp. 13-26
Author(s):  
Joseph Williams ◽  
Georgina Humphries

Law enforcement officials (LEOs) in the UK conduct open source research (OSR) as part of their routine online investigations. OSR, in this instance, refers to publicly available information that is accessed via the Internet. As part of the research, identifying and tracing the electronic suspect (RITES) course provided by the UK's College of Policing, LEOs are introduced to the open source internet research tool (OSIRT); a free software tool designed to assist LEOs with OSR investigations. This article draws on analyses from questionnaires and observations from a RITES course; mapping them to Kirkpatrick's evaluation model. Results showed the positive impact the RITES course had in transferring knowledge back on-the-job, with LEOs applying knowledge learned to real-life investigative scenarios. Additionally, results showed OSIRT integrated both in the RITES course and into the LEOs investigative routine.


2021 ◽  
Vol 4 (2) ◽  
pp. 92-102
Author(s):  
Gerald Theodorus L. Toruan ◽  
Daryono

Human trafficking cases are now a serious problem in Indonesia. This problem has reached remote areas. Victims of People Trafficking Crimes (TPPO) come from low-educated and poor families. The beginning of this victim is because an invitation from someone, usually from the family itself persuades the prospective victim to work in the land of people in the hope of earning a large income to change the family life. Most of the TPPO victims are about 15-20 years old and do not finish school, they are tempted by the promise of working abroad. In reality, what is promised is not realized. Kupang is one of the many regions in Indonesia that is the largest TPPO victim sender area in Indonesia. TPPO cannot be eradicated because of the involvement of Law Enforcement Officials in Indonesia, in addition to the lack of understanding of law enforcement officials related to the use of TPPO legislation. This study uses a qualitative method with a case study approach, the location of data collection is in Kupang, East Nusa Tenggara. This study concluded that TPPO law enforcement in the area is still not running to the maximum, some shortcomings occur in the field in addition to the inconsistency among law enforcement officials. As for the recommendations of this study is the need to provide intensive training for Law Enforcement Officers to have a good understanding of TPPO, the head of law enforcement officials must dare to dismantle the mafia practices of people trafficking in their institutions.


2021 ◽  
Vol 3 (2) ◽  
pp. 339-352
Author(s):  
Puji Handoyo ◽  
Mufidah Mufidah

The existence of the Law on Eradicating Corruption (PPTK Law) became a hope for the Indonesian nation in eradicating corruption, but eradicating corruption cases continues to be difficult. Corruption is a disease that has infected the Indonesian people for a long time. Corruption has infiltrated all levels of government, including state-owned enterprises. This study investigates the risks of corruption to the Republic of Indonesia and the Corruption Eradication Commission's (KPK) strategy for reducing corruption in Indonesia. This study employs qualitative methods in conjunction with a literature and law approach. This study's data came from legislation, court decisions, legal theory, books, and legal journals. According to the findings of this study, the dangers of corruption in Indonesia resulted in four things: inefficiency, uneven distribution, stimulants (incentives) in an unproductive direction, and political alienation, community cynicism, and political instability. Strategies to reduce corruption through preventive efforts, such as law enforcement officials supervising various sectors, particularly the public sector, and establishing the National Action Plan to Eradicate Corruption (RAN-PK). Through education and religion, the prevention of criminal acts of corruption from the standpoint of Islamic law.


2018 ◽  
Vol 1 (4) ◽  
Author(s):  
ELMA YANTI

The settlement of criminal offenses with mild motives can be carried out by reasoning penal mediation called the restorative justice approach, which focuses on the direct participation of perpetrators, victims and the community. The research that use in this study is sociological legal research (social legal research). The concept of restorative justice through reasoning penal mediation in the settlement of a mildly criminal case for the indigenous people of village kuala gasib in koto gasib siak, was carried out with the intermediary of the headman. Headman as customary village heads and as government administrators have an important role in creating peace efforts in resolving disputes that occur in the community, one of which is through the settlement of criminal cases by reasoning penal mediation with the concept of restorative justice. The constraints of the concept of restorative justice through reasoning penal mediation in the settlement of mildly criminal cases for the indigenous people of village kuala gasib in koto gasib siak are: a) The absence of a special law mediation of regulation, b) Lack of facilities and infrastructure in mediating, c) Lack of mediator skills for village head to reconcile the parties to the dispute, d) There are differences of opinion among law enforcement officials about the concept of restorative justice through penal mediation


2018 ◽  
Vol 2 ◽  
pp. 1-12
Author(s):  
Dyah Adriantini Sintha Dewi

The Ombudsman as an external oversight body for official performance, in Fikih Siyasah (constitutionality in Islam) is included in the supervision stipulated in legislation (al-musahabah al-qomariyah). Supervision is done so that public service delivery to the community is in accordance with the rights of the community. This is done because in carrying out its duties, officials are very likely to conduct mal administration, which is bad public services that cause harm to the community. The Ombudsman is an institution authorized to resolve the mal administration issue, in which one of its products is by issuing a recommendation. Although Law No. 37 of 2018 on the Ombudsman of the Republic of Indonesia states that the recommendation is mandatory, theombudsman's recommendations have not been implemented. This is due to differences in point of view, ie on the one hand in the context of law enforcement, but on the other hand the implementation of the recommendation is considered as a means of opening the disgrace of officials. Recommendations are the last alternative of Ombudsman's efforts to resolve the mal administration case, given that a win-win solution is the goal, then mediation becomes the main effort. This is in accordance with the condition of the Muslim majority of Indonesian nation and prioritizes deliberation in resolving dispute. Therefore, it is necessary to educate the community and officials related to the implementation of the Ombudsman's recommendations in order to provide good public services for the community, which is the obligation of the government.


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