scholarly journals COMPENSATION OF NON-PECUNIARY DAMAGE CAUSED BY UNLAWFUL OR UNJUSTIFIED RESTRICTION OF LIBERTY

2018 ◽  
Vol 2 (83) ◽  
pp. 85
Author(s):  
Aldis Kaļva
Keyword(s):  
Law Enforcement ◽  
Comparative Method ◽  
Civil Law ◽  
Criminal Proceedings ◽  
Existing Problems ◽  
Law Enforcement Agency ◽  
The Law ◽  
Compensation For Damage ◽  
Article 5

In this publication it was research non-pecuniary damages caused by law enforcement agency and its indemnification. As the goal of publication was set to discover and analyse the problem about non-pecuniary damages caused by law enforcement agency and its indemnification and to investigate whether the newly adopted law on Compensation for Damage Caused in Criminal Proceedings and Administrative violations eliminates pre-existing problems with indemnification of non-pecuniary damage caused by law enforcement agency. The raised aim was achieved. It was found, that law on Compensation for Damage Caused in Criminal Proceedings and Administrative Violations eliminates pre-existing problems when courts had problems determining the amount of compensation of non-pecuniary damages in accordance with Civil law article 5. However there are problems with fixed calculation of daily wages in the article 15. of the law on Compensation for Damage Caused in Criminal Proceedings and Administrative violations.The article uses the systemic, dogmatic and comparative method of studying and analyzing normative acts and court rulings.

ORGANIZATIONAL AND FUNCTIONAL PROBLEMS OF THE STATE BUREAU OF INVESTIGATION AND WAYS OF THEIR SOLUTION

2017 ◽  
Author(s):  
Olexandr Berezhnyi ◽  
◽  
Bogdan Klimchuk ◽  
Arthur Litvinenko ◽  
◽  
...  
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Law Enforcement Agencies ◽  
Stable Law ◽  
Functional Aspects ◽  
Law Enforcement Agency ◽  
History Of ◽  
The Law ◽  
Article 5 ◽  
Functional Problems

The article examines the organizational and functional problems of the State Bureau of Investigation and suggests ways to solve them. The article analyzes the works of scientists who are devoted to the analysis of the law enforcement system of Ukraine. The paper also proposes the structure of a new law enforcement agency. The paper provides a comparative analysis of the structure and functions of the State Bureau of Investigation with other bodies of pre-trial investigation and operational-search activities of Ukraine. The experience of creation and functioning of similar law enforcement agencies in other countries of the world is considered. Attention is focused on the history of the implementation of a specialized law enforcement agency. The article proposes to improve the subject and subject jurisdiction of the State Bureau of Investigation. The author has formulated his own vision of solving the problems of the organization and functioning of the State Bureau of Investigation, taking into account international experience in organizing such law enforcement agencies and on the basis of constitutional principles according to which other pre-trial investigation bodies operate. It is proposed to amend the provisions of clause 1 of part 1 of article 5 of the Law of Ukraine "On the State Bureau of Investigation" so that those crimes that are committed by officials directly during the performance of their official duties are under investigation and it is concluded that the following improvement of the organizational and functional aspects of the activities of the State Bureau investigations based on the principles of legality, fairness, reasonableness and the rule of law will guarantee a stable law enforcement system, and hence a stable investment climate and a stable economic situation in the country.

scholarly journals TO THE QUESTION ABOUT THE CONCEPT «PROCEDURAL COSTS IN CRIMINAL PROCEEDINGS»

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 89-93
Author(s):  
S.M. Darovskikh ◽  
◽  
Z.V Makarova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Procedural Costs ◽  
The Russian Federation ◽  
Definition Of ◽  
Article 5

The article is devoted to the issues of formulating the definition of such a criminal procedural concept as «procedural costs». Emphasizing the importance both for science and for law enforcement of clarity and clarity when formulating the definition of criminal procedural concepts, the authors point out that the formulation of this concept present in the current Criminal Procedure Code of the Russian Federation is far from being improved. Having studied the opinions on this issue of the Constitutional Court of the Russian Federation, a number of procedural scholars, the authors propose their own version of the definition of the concept of «criminal procedural costs» with its allocation in a separate paragraph of Article 5 of the Criminal Procedure Code of the Russian Federation.

scholarly journals Law Enforcement of Right of Equality in Work for People with Disability: Evidence from Sleman, Indonesia

Rechtsidee ◽  
2016 ◽  
Vol 3 (2) ◽  
pp. 97
Author(s):  
Susilo Andi Darma
Keyword(s):  
Law Enforcement ◽  
People With Disability ◽  
The Law ◽  
Article 5 ◽  
Research Show

This research aims to understand the implementation of supervision law supervision toward Articles 5 and 14, and the law enforcement toward Article 28 of Law No.4 Year 1997 on People with Disability in Sleman Regency. Data are obtained through interviews and literature related to the problem. The results of this research show that the implementation toward article 5 and 14 are not yet effective and the law toward article 28 is not implemented yet in Sleman.

scholarly journals PERANAN ALAT BUKTI DALAM PERKARA PIDANA DALAM PUTUSAN HAKIM MENURUT KUHAP

Yuridika ◽  
2017 ◽  
Vol 32 (1) ◽  
pp. 17
Author(s):  
Bastianto Nugroho
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Law Enforcement Officers ◽  
The State ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Procedure Law ◽  
The Law ◽  
Examination Process

The trial of a criminal case is to find out whether a criminal offense has occurred in an event, therefore in the most important criminal proceedings the proceedings are proved. Evidence is a problem that plays a role in the examination process in court because with this proof is determined the fate of a defendant. The legal function in the State of Indonesia is to regulate the order of society in the life of the nation and the state, whereas the violation of the law itself is an event that must exist in every society and is impossible to be eliminated absolutely, because violation of law is an integral part of development More complex. One of the provisions governing how the law enforcement officers carry out the task in the field of repressive is the criminal procedure law which has the purpose of searching and approaching material truth, the complete truth of a criminal case by applying the provisions of criminal procedure law honestly darn precisely with The purpose of finding out who the perpetrator can be charged with is a violation of the law. 

scholarly journals KEDUDUKAN ADVOKAT DALAM PASAL 5 UNDANGUNDANG NOMOR 18 TAHUN 2003 TENTANG ADVOKAT PERSPEKTIF HUKUM

JURISDICTIE ◽  
2017 ◽  
Vol 5 (2) ◽  
pp. 188
Author(s):  
Adib Khoirul Umam
Keyword(s):  
Law Enforcement ◽  
Islamic Law ◽  
Legal Theory ◽  
Secondary Data ◽  
Primary Data ◽  
High Quality ◽  
Positive Law ◽  
The Law ◽  
Article 5

<p>This study aims to determine how Islam views which in this case is limited only four schools of opinion about the position of an advocate as law enforcement. In Islam indeed advocates known as providers of legal bantuah namely Hakam, mufti and mashalih alaih that functions similar to advokat.Penelitian function is called normative research with descriptive methods comparative analysis between positive law and Islamic law, namely Law No. 18 2003 and scholarly opinion four schools as primary data. Secondary data were taken from books or books that explain the legal theory of primary data. Article 5 of Law No. 18 of 2003 on lawyers has been explained that the position of advocate parallel with other law enforcement such as judges, prosecutors and police. But in fact appear black advocates not to enforce the law but instead became mafias that sell traded equity law. For it will be studied how exactly Islam's view of the position of Advocates with the formulation of the problem sebegai follows, first how the views of Islamic law for the position of advocate in Article 5 of Law No. 18 of 2003 on advocates, who both like where the relevance of Islam's view of the position of advocate in enforcement law in Indonesia. From research conducted authors argue for their refisi against the law number 18 of 2003 on advocates. alignment between advocates and other law enforcement must be followed by the high quality of an advocate and supervision of the performance of lawyers in order to minimize the occurrence of fraud in practice in providing legal aid.</p><p>Penelitian ini bertujuan untuk mengetahui bagaimana pandangan Islam yang dalam hal ini hanya dibatasi pendapat empat madzhab tentang kedudukan advokat sebagai penegak hukum. Dalam Islam memang advokat dikenal sebagai lembaga pemberi bantuah hukum yaitu hakam, mufti dan mashalih alaih yang secara fungsi hampir sama dengan fungsi advokat. Penelitian ini disebut penelitian normatif dengan metode deskriptif analisis perbandingan antara hukum positif dan hukum Islam, yaitu undang-undang nomor 18 tahun 2003 dan pendapat ulama empat madzhab sebagai data primer. Data sekunder diambil dari kitab-kitab atau buku-buku teori hukum yang menjelaskan tentang data primer. Dari penelitian yang dilakukan penulis berpendapat perlunya adanya refisi terhadap undang-undang nomor 18 tahun 2003 tentang advokat. kesejajaran antara advokat dan penegak hukum lainya harus diikuti dengan tingginya kualitas seorang advokat dan pengawasan terhadap kinerja advokat agar bisa meminimalisir terjadinya penyelewengan dalam praktiknya dalam memberi bantuan hukum.</p>

scholarly journals The National Police of Ukraine as a component of the domestic law enforcement system

2019 ◽  
pp. 61-65
Author(s):  
Yu.V. Harust ◽  
S.Yu. Kalyta
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Police Officer ◽  
Public Confidence ◽  
Scientific Article ◽  
Emergency Situations ◽  
Law Enforcement Agency ◽  
The Law ◽  
National Police ◽  
Domestic Law

In Ukraine, there are qualitative changes in the reform of law enforcement agencies in order to more effectively ensure the rule of law in the country, protect human rights and freedoms and increase public confidence in these bodies. Undoubtedly, it is important to create a National Police, which plays an important role in the domestic law enforcement system. Since the first days of its operation, the police have received support from citizens, who argue with various sociological surveys, because this law enforcement agency is open enough in its activity, there is contact with the population. The article is devoted to the activity of a component of the domestic law enforcement system – the National Police. The National Police of Ukraine (police) is a central executive body that serves society by ensuring the protection of human rights and freedoms, combating crime, maintaining public safety and order. This topic is very relevant, as the police are a relatively new subject in the law enforcement system and are on their way. The scientific article investigates which regulatory acts regulate the activity of this law enforcement agency, the structure, main tasks of the police are found out on the basis of the current legislation. The structure of the National Police is quite complex and due to the shortcomings in the legislation, there are problems concerning the interaction between the units. The publication examines the procedure for appointing persons to the post of a police officer and identifies the main problems of selecting candidates to the ranks of the National Police. The importance of introducing in the Law of Ukraine “On National Police” the task of the police is emphasized – to provide within the limits specified by the law services for assistance to persons who, for personal, economic, social reasons or due to emergency situations, need such assistance. Some of the shortcomings of the Law of Ukraine “On the National Police” have been identified and suggestions for improvement of this legal action have been proposed. Keywords: law enforcement system, National Police of Ukraine, police tasks, police structure, police officer.

scholarly journals PERANG TARIF PENYEDIA LAYANAN OJEK DALAM JARINGAN DALAM PERSPEKTIF HUKUM PERSAINGAN USAHA DI INDONESIA

2020 ◽  
Vol 9 (1) ◽  
pp. 92
Author(s):  
Rimarsha Agitta ◽  
Putu Ade Harriestha Martana
Keyword(s):  
Law Enforcement ◽  
Legal Research ◽  
Predatory Pricing ◽  
Law Enforcement Agency ◽  
Written Law ◽  
Motorcycle Taxi ◽  
Article 5 ◽  
Competition Behavior

Penulisan jurnal ini bertujuan untuk mengetahui serta memahami perang tarif pada penyedia layanan ojek dalam jaringan dalam perspektif hukum persaingan usaha di Indonesia dan juga untuk mengetahui tugas Komisi Pengawas Perlindungan Usaha dalam mengawasi kasus persaingan usaha. Metode penelitian yang digunakan dalam jurnal ini adalah penelitian hukum normatif yang dimana mengkonsepsikan hukum dalam bentuk hukum yang sudah tertulis seperti undang-undang tertulis, dan bersifat deskriptif yaitu diartikan penelitian yang dilakukan dengan cara menggambarkan secara lengkap. Hasil penelitian menunjukkan bahwa perang tarif antara para penyedia layanan ojek daring yaitu PT. X dan PT. Y terdapat beberapa tanda dan pola praktik predatory pricing penetapan harga oleh perusahaan transportasi daring. Menurut UU No. 5 Tahun 1999 dikatakan bahwa PT. X dan PT. Y melawan hukum dengan tidak mengikuti aturan Pasal 5 ayat (1)  UU No. 5 tahun 1999. Berdasarkan pasal tersebut sudah terbukti bahwasanya pihak PT. X dan PT. Y melanggar karena kedua perusahaan ojek daring tersebut melakukan perjanjian antara keduanya untuk menaikkan harga pada pelanggan ojek daring. Persaingan usaha memiliki lembaga pengawas yaitu Komisi Pengawas Persaingan Usaha (KPPU) yang dalam masalah persaingan usaha antara PT. X dan PT. Y ini berperan sebagai salah satu lembaga penegak hukum, dan tanggung jawabnya mengawasi perilaku persaingan usaha tidak sehat para pelaku usaha. In order to  writing this journal is to know and understand the rates war between two corps who will be start to be some perspective from business competition in Indonesia and also to determine the role of the Business Protection Supervisory Commission. The research method used in this journal is normative legal research which conceptualizes law in the form of written law such as written law, and is descriptive in nature, which is defined as research that provides data about a situation or social symptoms that develop in the midst society in accordance with the facts and without any engineering. The results show that the tariff war between online motorcycle taxis, namely X Ltd. and Y Ltd., has several signs and patterns of predatory pricing practices by online transportation companies, including discounts that reach unreasonable prices, long-term promotions that exceed standards. With that it can be said that X Ltd. and Y Ltd. violate Article 5 paragraph (1) of Law no. 5 of 1999. From this article, it has been proven that X Ltd. and Y Ltd. violated it because the two online motorcycle taxi companies entered into an agreement between the two of them to increase prices for online motorcycle taxi customers. In business competition, there is the Business Competition Supervisory Commission (KPPU), which in the business competition case between X Ltd.  and Y Ltd. plays a role as a law enforcement agency, and its responsibility is to supervise the unfair business competition behavior of business actors.

scholarly journals Urgensi Saksi Pelaku yang Bekerjasama (Justice Collaborator) dalam Tindak Pidana Korupsi

2020 ◽  
Vol 1 (1) ◽  
pp. 179-185
Author(s):  
Ni Luh Made Dwi Pusparini ◽  
A. A. Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Law Enforcement ◽  
Social Life ◽  
Government Regulation ◽  
Legal Protection ◽  
The State ◽  
Major Influence ◽  
Criminal Sanctions ◽  
The Supreme Court ◽  
The Law ◽  
Article 5

The State of Indonesia appears as a State of Law meaning that State power is exercised according to applicable laws so the law applies to all aspects of social life that lead to the creation of an objective of the law. As a consequence of the weakness of the law in the State of Indonesia there are still a large number of crimes that are developing, including the criminal acts of corruption as one of organized crimes. Not only have corruption crimes developed in Indonesia but also in other countries. As a result, in tackling the emergence of the criminal acts of corruption, it is necessary to have perpetrators cooperating as witnesses with law enforcement authorities in terms of revealing the main perpetrators and others so it has a major influence on the corruption case. Using the normative legal research method, this research examines the urgency of regulating witnesses of collaborating perpetrators in a the criminal act of corruption and the criminal sanctions against witnesses of collaborating perpetrators in criminal acts of corruption. The results show that in positive Indonesian law there are regulations regarding Justice Collaborator in Government Regulation No 71 Article 5 Paragraph (2) of 2000 regulating the rights and legal protection of every witness, criminal reporter / witness who reports. Whereas judges’ considerations in imposing criminal sanctions on justice collaborators in the criminal acts of corruption which are based on Law No. 20 of 2001 related to Law No. 31 of 1999 concerning Eradicating Corruption Crimes and is contained in the Supreme Court Circular No. 4 of 2011 in specific actions regarding Criminal Sanctions namely providing relief in other forms of protection.

scholarly journals Criminal law policy about KPK authorities in the perspective of criminal action in corruption in Indonesia

2019 ◽  
Vol 3 (2) ◽  
pp. 156-162
Author(s):  
Ilham Ilham
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
The State ◽  
State Agency ◽  
Constitutional Design ◽  
State Constitution ◽  
The People ◽  
Law Enforcement Agency ◽  
The Common ◽  
The Law

Criminal law policy of the authority of the Corruption Eradication Commission the authority associated with the Corruption Eradication Commission (KPK) is the state agency that are unconstitutional, although not spelled out in the state constitution is the 1945 Constitution. Corruption eradication commission (KPK) was formed to look at the nature of the corruption itself is an extraordinary crime, so it requires an independent institution to fight corruption in Indonesia. Background The Commission is not due to the formation of the constitutional design rigidly interpreted, but rather incidental issues in the country and the common will of the people of Indonesia to combat corruption. Position of the Commission as a state agency is independent and free from the influence of any power, it is meant for combating corruption Commission did not get the intervention of any party. The establishment of the Commission was also a response to the ineffectiveness of the law enforcement agency performance so far in combating corruption, which impressed protracted in handling even indicated there was an element of corruption in the handling of his case. The authority granted by the Act prosecution to the Commission under the authority of the legitimate .The authority of the Commission is constitutional, it is reinforced by a number of decisions of the Supreme constitution..

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