scholarly journals Malpractice Advocate Profession in Indonesia

2020 ◽  
Vol 7 (8) ◽  
pp. 477
Author(s):  
Yayan Riyanto ◽  
Made Warka ◽  
Hufron Hufron
Keyword(s):  
Law Enforcement ◽  
Code Of Conduct ◽  
Law Enforcement Officers ◽  
Professional Standards ◽  
Legal Philosophy ◽  
Ethical Responsibility ◽  
Legal Services ◽  
Sociological Perspective ◽  
Legal Research ◽  
Applicable Law

Juridically, there is no clear and firm regulation related to the understanding and qualifications of malpractice advocates in Indonesia (there is a legal vacuum), but theoretically there have been many concepts and doctrines relating to legal malpractice, especially advocacy malpractice. In a sociological perspective, there have been many cases of advocacy malpractice that have emerged in the implementation of advocate practices in Indonesia. Meanwhile, in the perspective of legal philosophy, advocates as a noble legal profession (officium nobile) have no fair and certain formula for handling and settlement, both for clients who receive bad service from advocates and for advocates themselves as law enforcement officers. Based on the juridical, sociological, theoretical and philosophical reasons above, it is considered important to discuss the qualifications of an act including the malpractice of the Advocate profession and the forms of accountability of the advocate profession for advocacy malpractice cases. Therefore, this research uses normative legal research. Based on the results of the discussion, this study has the conclusion that the qualifications or parameters of the malpractice act of an advocate, if it meets the following requirements: (1) The existence of legal services provided by an advocate (rights and obligations); (2) Legal services are provided in: (a) below the applicable professional standards; (b) awarded in violation of the "fiduciary" obligation of the advocate; (c) defaults on contracts for providing legal services, or; (d) provided in a manner contrary to applicable law and code of conduct; (3) The advocate's actions take the form of acts against the law (intentional or negligence); (4) There are losses to the client; and (5) The loss is caused by the act of providing legal services by the advocate. There are three forms of advocacy accountability, namely ethical responsibility, juridical responsibility and disciplinary responsibility.

scholarly journals Efektivitas Penertiban Parkir Liar di Kawasan Obyek Wisata Ubud

2021 ◽  
Vol 2 (1) ◽  
pp. 207-212
Author(s):  
Pande Putu Gede Parwata ◽  
Ida Ayu Putu Widiati ◽  
I Wayan Artanaya
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Road User ◽  
Sociology Of Law ◽  
Road Transportation ◽  
Legal Research ◽  
User Community ◽  
The Road ◽  
Object Area

The problem of illegal parking that occurs in the tourist area of ​​Ubud has prompted the Gianyar Regency Government to issue a Gianyar Regent Regulation Number 57 of 2018 concerning the Management and Engineering of Traffic and Road Transportation and Parking in the Ubud Tourism Area. This study aims to determine the effectiveness of the Gianyar Regent Regulation Number 57 of 2018 concerning the Management and Engineering of Traffic and Road Transportation and Parking in the Ubud Tourism Area and to determine the application of sanctions against illegal parking prohibitions in the Ubud Tourism Object area. This research is an empirical legal research. The approach to the problem used is the sociology of law approach. Based on the results of the study, the parked vehicles are not properly organized due to the lack of parking arrangements that occur in the tourist area of ​​Ubud. The application of sanctions against the prohibition of illegal parking in the tourist area of ​​Ubud is carried out, starting from giving warnings for breaking tires, towing the transportation of violating vehicles to tickets. Thus, law enforcement officers should be more assertive in effectively implementing the prohibition on illegal parking on the shoulder of the Ubud road area. The road user community should be pro-active towards the applicable regulations. People who obey the rules should not only be there when there are traffic officers, but also obey the rules when there is no guard.

scholarly journals PENDEKATAN RESTORATIF DALAM PENJATUHAN SANKSI TINDAKAN BAGI ANAK YANG BERKONFLIK DENGAN HUKUM

2019 ◽  
Vol 2 (2) ◽  
pp. 129-143
Author(s):  
Citra
Keyword(s):  
Law Enforcement ◽  
Justice System ◽  
Character Development ◽  
Law Enforcement Officers ◽  
Early Age ◽  
Legal Research ◽  
Criminal Offenses ◽  
The World ◽  
The Future ◽  
The Law

Children are the next generation of the nation, the existence of children is very important because the child is a potential fate of the nation as well as a mirror attitude of life of the nation in the future. A child who is a superior seed and has the widest hope to prepare for his future as a milestone of success of a nation in the future should not fall in the world of evil. It is unfortunate that children at an early age have been involved in criminal offenses and past their youth behind bars, increasingly contaminated with other inmates. This research was empirical legal research, that is the research on the provisions of the legislation in the national law concerning restorative approach in the imposition of action sanctions against children in conflict with law in order to keep children away from imprisonment and negative stigma in society . Addressing the issue of a child in conflict with the law should be done in a familial approach and avoiding children from prison as much as possible. The sanction of action for the child contained in Article 82 of Law Number 11 of 2012 on Criminal Justice System for Children expected to prevent the child from the negative stigma in society and keep the children from bad effects of prison. Thus the current restorative model of punishment is more applicable in handling child offenders. It is expected that law enforcement officers to pay attention to the provisions of the rules that apply to children in conflict with the law in terms of imposition of more sanctions toward education and character development of children so that the threat of imprisonment becomes the last alternative in imposing sanctions for children

scholarly journals Criminal Action of Coral Reef Destruction on Kayoa Island, South Halmahera Regency

2021 ◽  
Vol 04 (10) ◽  
Author(s):  
Muhammad Amin Hanafi ◽  
Keyword(s):  
Coral Reef ◽  
Law Enforcement ◽  
Coral Reefs ◽  
Economic Factors ◽  
Legal Research ◽  
Applicable Law ◽  
The People ◽  
Empirical Research Methods ◽  
The Law ◽  
The Village

This study aims to find out what factors make people commit criminal acts of destroying coral reefs on the island of Kayoa and how to enforce the law against people who commit criminal acts of destruction of coral reefs on the island of Kayoa. The type of research used in this research is using empirical research methods. This method is used to identify the law, and research on the effectiveness of the law. Legal research is focused on testing the community's compliance with a legal norm with the aim of measuring the effectiveness or not of an applicable legal arrangement or material. The results of this study indicate that the factors that influence people to commit criminal acts of coral reef destruction are due to geographical, social and economic factors so that people carry out mining of coral reefs that are already in violation of applicable law. Law enforcement against people who commit criminal acts of coral reef destruction is ineffective due to the lack of socialization from the local government to the people of the island of Kayoa, the village, so that people carry out coral reef mining.

scholarly journals PELANGGARAN KODE ETIK DAN PEDOMAN PERILAKU HAKIM

2019 ◽  
Vol 12 (1) ◽  
pp. 1
Author(s):  
Imran Imran
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Research Method ◽  
Code Of Ethics ◽  
Code Of Conduct ◽  
Secondary Data ◽  
District Court ◽  
Legal Research

ABSTRAKDalam sistem peradilan pidana penanganan suatu kasus dimulai sejak kasus itu muncul, kemudian ditangani oleh polisi, hingga proses akhir dari penegakan hukum terletak pada putusan hakim. Putusan hakim dapat berupa menjatuhkan hukuman ataupun membebaskan seorang terdakwa. Dalam putusan hakim akan terlihat kemampuan hakim dalam mengonstruksi kasus sejak dakwaan dibacakan hingga pledoi diucapkan. Semua konstruksi hakim tersebut akan tergambar dalam pertimbangan-pertimbangan. Dalam pertimbangan tersebut akan terlihat apakah suatu putusan tersebut melanggar kode etik atau tidak. Apa yang terlihat dalam dua putusan hakim yang dikeluarkan oleh Pengadilan Negeri Tobelo, mencerminkan adanya persoalan ketika seorang terdakwa dua kali dihukum oleh majelis hakim yang sama untuk perbuatan yang sama pula. Hal inilah yang kemudian menjadi rumusan masalah, apakah putusan tersebut melanggar Kode Etik dan Pedoman Perilaku Hakim atau tidak? Dengan menggunakan metode penelitian hukum normatif yang memfokuskan kajian pada data sekunder, maka akan terlihat bagaimana sesungguhnya dua putusan tersebut. Hasil dari penelitian ini menunjukkan telah terjadi pelanggaran Kode Etik dan Pedoman Perilaku Hakim yang dilakukan oleh majelis hakim.Kata kunci: kode etik dan pedoman perilaku hakim; sistem peradilan pidana; profesionalisme.  ABSTRACT In the criminal justice system, the handling of a case starts since the claim arises, then is handled by the police, until the final process of law enforcement, which lies in the judge's decision. Judges' decisions can be in the form of sentencing or acquitting a defendant. The ability of a judge to construct a case will appear in the decision from the time the indictment is read until the plea is pronounced. In these considerations, it will be seen whether the judge's decision violates the code of ethics or not. Two judges' decisions issued by the Tobelo District Court reflect the problem in which a defendant was twice sentenced by the same panel of judges for violating the same law. This is what then becomes the formula of the problem, whether the decision violates the Code of Ethics and Code of Conduct of Judges or not. By using normative legal research method focusing on secondary data construing, it will expose the fact of these two decisions. The results of this analysis indicate that there are violations of the Code of Ethics and Code of Conduct of Judges been committed by the panel of judges examining the case. Keywords: code of ethics and code of conduct of judges; criminal justice system; professionalism. 

scholarly journals Code of Ethics and the Role of Advocates in Providing Legal Aid to the Poor

2020 ◽  
Vol 1 (2) ◽  
pp. 259-274
Author(s):  
Muten Nuna ◽  
Dince Aisa Kodai ◽  
Roy Marthen Moonti
Keyword(s):  
Law Enforcement ◽  
Code Of Ethics ◽  
Law Enforcement Officers ◽  
Legal Aid ◽  
Applicable Law ◽  
The Status ◽  
Political Intervention ◽  
Community Trust ◽  
The Law

Law No. 18 of 2003 concerning Advocates emphasizes the status of Advocates as one of the law enforcers who have roles and functions that are equal to the Police, Prosecutor's Office and Judicial Power as law enforcement officers, but there is specialness given by the law to lawyers, namely the independence of advocates in carrying out their duties and profession. The independence of advocates aims to support the implementation of a justice system that is free from power and political intervention in law enforcement, and with that independence the Advocate Profession is said to be a very noble profession (offiicium nobile). As a noble profession, of course, advocates are bound by ethical values ​​that become the guidelines in the implementation of their duties and authorities, where those values ​​are posited as a Professional Code of Ethics. Talking about advocates, of course it cannot be separated from law enforcement, talking about law certainly cannot be separated from the state system or the political colors of certain countries and so on. This article wants to explain how the code of ethics of the advocate profession in upholding the law is how the role of advocates in providing justice to society based on applicable law. In conclusion, this article wants to explain that the code of ethics can compensate for the negative aspects of the profession and with the existence of a code of ethics, community trust in a profession can be strengthened, because every client has the assurance that his interests will be guaranteed, and the implementation of legal aid must be in line with the breath that becomes the goal is protection human rights and ideals of justice.

Current Issues in Psychological Fitness-for-Duty Evaluations of Law Enforcement Officers

2017 ◽  
pp. 93-117
Author(s):  
Martin J. Mayer ◽  
David M. Corey
Keyword(s):  
United States ◽  
Law Enforcement ◽  
Law Enforcement Officers ◽  
The United States ◽  
Employment Law ◽  
Professional Standards ◽  
Police Psychology ◽  
Fitness For Duty ◽  
Standards Of Practice ◽  
Key Topics

Courts throughout the United States have ruled that that the “awesome powers” entrusted to law enforcement officers, and the safety-sensitive nature of their positions, impose on their public employers a responsibility to ensure that they are fit to perform their duties. But, as with an officer's powers, the authority of a police employer to mandate a psychological fitness-for-duty evaluation (FFDE) is not without boundaries. This chapter addresses the legal authority of a police employer to require an FFDE, the limits to that authority, and the implications of these constraints both for police employers and the psychologists who conduct these evaluations on their behalf. Written by two prominent experts in police employment law and police psychology, this chapter concerns itself with both the law and professional standards of practice. Key topics include the legal threshold for requiring an FFDE, limitations to the content of an FFDE report, and evaluator qualifications.

Proses Peradilan Dan Arti Sebuah Keyakinan Hakim dalam Memutus Suatu Perkara Di Pengadilan Agama Manado

2017 ◽  
Vol 15 (2) ◽  
Author(s):  
Nurlaila Harun
Keyword(s):  
Law Enforcement ◽  
Code Of Conduct ◽  
Law Enforcement Officers ◽  
Judicial Process ◽  
Wrong Decision ◽  
The Future ◽  
Future Society ◽  
Law And Justice ◽  
Innocent Defendant ◽  
The Right

The judicial process and the meaning of a Judge's belief in carrying out the functions and authority of the judiciary to enforce law and justice, through its verdict it is desirable that the Judge is able to apply the right and fair law, can provide education and lessons to the litigants and the community, give corrections firmly, repressively assert, can fabricate the future society order, and must be able to play a role in reconciling the litigants, who in doing these roles stick to the Code of Conduct and the Judicial Code of Conduct for Judges That Judges may participate in legal, either through the actualization of the existence of self in the midst of society, and by seeing the existence of himself as law enforcement officers. The judge should not take the wrong decision, so the innocent defendant must be sentenced, or the accused is actually guilty but released. However, according to the author, the judge should not hesitate to be convinced in making a decision in a decision and the decision may take the form of free judgment, the independent verdict of all charges, and sentence or punishment for the defendant.

scholarly journals An Examination of the Lethality Assessment Program (LAP): Perspectives on Implementation, Help-Seeking, and Victim Empowerment

2019 ◽  
Vol 26 (12-13) ◽  
pp. 1517-1537
Author(s):  
Tara N. Richards ◽  
Lane Kirkland Gillespie ◽  
Katherine Kafonek ◽  
Margaret Johnson
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Help Seeking ◽  
Service Use ◽  
Service Providers ◽  
Law Enforcement Officers ◽  
Legal Services ◽  
Use Of Self ◽  
Protective Measures ◽  
Assessment Program

The Lethality Assessment Program (LAP) aims to empower law enforcement officers to screen victims of domestic violence for potential lethality and connect them to service providers. This research surveyed domestic violence victims seeking legal services ( n = 141) to assess whether LAP receipt is associated with greater rates of self-protective measures, service use, or empowerment, and to examine victims’ perspectives on the LAP process. Findings indicate no relationship between receipt of the LAP and use of self-protective measures or victim empowerment, mixed evidence between receipt of the LAP and service utilization, and room for improvement regarding how law enforcement officers explain the LAP to victims. Implications are discussed.

scholarly journals PELAKSANAAN TUGAS DAN WEWENANG HAKIM PENGAWAS DAN PENGAMAT PENGADILAN NEGERI DENPASAR DALAM PEMBINAAN NARAPIDANA

2014 ◽  
Vol 3 (2) ◽  
Author(s):  
I Dewa Made Suartha
Keyword(s):  
Law Enforcement ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
District Court ◽  
Primary Data ◽  
Legal Research ◽  
Law Enforcement Agencies ◽  
Applicable Law ◽  
Special Fund ◽  
Qualitative Descriptive

How is the implementation of duties and authorities of supervisors andobservers judges of Denpasar District Court in founding the convict? What areobstacles that occur in implementation of duties and authorities of supervisorsand observers judges of Denpasar District Court in founding the convict? The method used in this research was empirical legal research. Itscharacteristic is descriptive.  The data sources that used are primary data,secondary data and tertiary data. The primary data / field data were obtained byinterviewing the relevant law enforcement officer that has been determined as asample. The secondary data were obtained of literature studies. The data wasanalyzed by qualitative descriptive analysis to get the vivid conclusion anddescription in discussing the problems in this research. Conclusions derived from this study include: implementation of duties andauthorities of supervisors and observers judges of Denpasar District Court infounding the convict are not running optimally in accordance with the legislationin force. The factor that obstruct are the numbers of supervisors and observersjudges of Denpasar District Court were not adequate, that was one person, therewas no special fund (Operational fund) and there were no strict sanctions forthose when they could not do the duties according to the applicable law; theycould only appeal to the law enforcement agencies / officers of Class IIADenpasar Penitentiary founding the convict.

scholarly journals PENENGGELAMAN KAPAL TERKAIT TINDAK PIDANA ILLEGAL FISHING SEBELUM ADANYA PUTUSAN PENGADILAN YANG BERKEKUATAN HUKUM TETAP

2020 ◽  
Vol 4 (2) ◽  
pp. 130-144
Author(s):  
Banan Prasetya
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Court Decision ◽  
Legal Research ◽  
Indonesian Government ◽  
Illegal Fishing ◽  
Fishing Vessels ◽  
The Status ◽  
Legal Consequences ◽  
Legal Force

ABSTRACTThis research will be reviewed by the legal facts of the act of sinking illegal fishing vessels conducted by law enforcement officers or fisheries investigators in the Indonesian Fisheries Waters. The sinking of ships was carried out given the increasingly widespread theft of fish by foreign ships. An interesting legal issue to explore is about the sinking of illegal fishing vessels in a review of Indonesia's legal perspective. The purpose of this study is to analyse the sinking of ships related to the crime of illegal fishing before a court decision has permanent legal force, whether it is following applicable law. The next objective is to analyse the legal consequences of the ship sinking in the practice of enforcing illegal fishing criminal acts before a court decision has permanent legal force. This research is legal research with normative legal research type so that the analysis method used is a qualitative study that is built based on legal arguments to answer the problematic issues of this research law. The results showed that the act of sinking illegal fishing vessels in Indonesian fisheries waters by law enforcement officers or Indonesian fisheries investigators, normatively dogmatically, was following the provisions of Indonesian national law, which had been informed in Article 69 Paragraph 4 of Law Number 45 the Year 2009 regarding Fisheries, has also been by the provisions of international law, as regulated in Article 73 of UNCLOS 1982. Furthermore, the legal consequences of the sinking of illegal fishing vessels before the existence of a court decision have permanent legal force, normatively, has juridical implications on three things, namely: First, after the sinking of illegal fishing vessels became the basis for law enforcement officers or fisheries investigators to conduct further investigations within the formal criminal law enforcement framework; Second, the sinking of the ship has a legal effect on the status of the ship that sunk into status as evidence of the proceeds of crime or criminal acts that can be confiscated; Third, the sinking of the illegal fishing vessel has legal implications on the offender who can be subject to the status of a suspect and can even be raised to the status of a defendant of an illegal fishing crime. The author recommends that the Indonesian government through the foreign ministry should make diplomatic efforts to the international community to urge the United Nations to make illegal fishing a transnational crime. The procedure of permanent sinking of illegal fishing vessels, should not only be limited to the regulations of the Director-General of Fisheries but by the Indonesian government in the form of special legislation. Kata Kunci: Penenggelaman Kapal, Illegal Fishing, dan Penegakan Hukum 

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