Safeguards

2020 ◽  
pp. 189-214
Author(s):  
William Douglas Woody ◽  
Krista D. Forrest
Keyword(s):  
Law Enforcement ◽  
Court Decisions ◽  
False Confession ◽  
Video Record ◽  
Limited Effectiveness ◽  
Growing Body ◽  
Confession Evidence

This chapter examines safeguards for suspects and defendants who provide false or coerced confessions, opening with laypersons’ typical acceptance of confessions. The authors then review protections from law enforcement, particularly recommendations that police video-record interviews and interrogations with a balanced perspective. The authors next explore court decisions that shape jurors’ roles in evaluation of confession evidence; they then discuss the growing body of scholarship that investigates jurors’ perceptions and trial decisions. The authors then examine judges, ways that judges differ from jurors and juries, and ways that judges remain vulnerable to false or coerced confessions and the testimony of experts. The authors emphasize the limited effectiveness of these safeguards to prevent a false confession from becoming a mistaken conviction.

scholarly journals State Owned Enterprises Finance from the Perspective of State Funds

Yuridika ◽  
2019 ◽  
Vol 35 (2) ◽  
pp. 363
Author(s):  
Sopian Sitepu
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Company Law ◽  
Legal Issues ◽  
Clear Distinction ◽  
Constitutional Court ◽  
Court Decisions ◽  
State Budget ◽  
Legal Subject ◽  
The Status

The existence of State-Owned enterprises (SOE) as one of Indonesia’s legal entities, whereby the State owns part of all of the capital of the company has presented several legal issues. The BUMN Act that has become the basis for establishing State-Owned enterprises has become its own independent legal subject and separates itself from the wealth of the State and has adhered to the provisions of the Company Law Act so that the capital that is presented by the State to the corporation remains as the capital of the SOE and not form the State. However, existing legislations regarding State funds places the funds for SOE as being part of the State budget. This ambiguity in the status of BUMN Funds is not only found in legislations but also in two different constitutional court decisions that presents inconsistencies towards law enforcers. This clear distinction is crucial in the practice of law enforcement in Indonesia.

The Administrative Response to Court Decisions

1969 ◽  
Vol 15 (3) ◽  
pp. 377-386 ◽  
Author(s):  
Sol Rubin
Keyword(s):  
Law Enforcement ◽  
Positive Reaction ◽  
Positive Response ◽  
Considerable Extent ◽  
The Other ◽  
Court Decisions ◽  
Appellate Courts ◽  
Vital Part ◽  
Long Run ◽  
Better Than

The decisions of the appellate courts are a vital part of the environment in which law enforcement and correction must function. The reactions of administrators in these fields to the decisions are, to a considerable extent, a matter of choice. The choices may be labeled provocative, defensive, or positive. The defensive position looks like the easiest one to take but may, in the long run, pose more difficulties than the positive reaction. The positive response is "right" in that it works better than the other responses toward advancing correctional practice.

Administrative Prejudice in Criminal Law: Law Enforcement Problems

2016 ◽  
Vol 4 (6) ◽  
pp. 0-0 ◽  
Author(s):  
Элина Сидоренко ◽  
Elina Sidorenko
Keyword(s):  
Content Analysis ◽  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Code ◽  
Court Decisions ◽  
Legal Institutions ◽  
Methods Of Analysis ◽  
Administrative Responsibility

The author analyzes the problem of inclusion in the Russian criminal law of the institute of administrative prejudice. The paper comprises three blocks: assessment of the need to introduce rules on prejudice in the Criminal Code; the timing of bringing persons to administrative responsibility and consideration of private issues of classification of individual components. The aim of the study is to develop scientifically based and up-to-date recommendations for the application of criminal law to administrative prejudice. The author achieves the goal through solving specific problems associated with the beginning of the expiration of the period of limitation for bringing persons to administrative responsibility, revealing differences in understanding by administrative and criminal legal institutions of the concepts of duplicity and recurrence and others. The author proposes the solution of these problems through the use of privatescientific methods of analysis: comparative legal, formal-legal methods, content analysis, and others. The study of court decisions and doctrinal positions on the classification of acts containing administrative prejudice has allowed the author to formulate a number of conclusions regarding the inconsistency of legislative structures of some articles of the Criminal Code. In particular, the use of different approaches to determining the time for bringing a person to administrative responsibility, the absence in Art. 154 and Art. 180 of the Criminal Code of indication on the prejudicial character of the rules etc draw objections. The author pays particular attention to assessing the recurrence of administrative offences and transition of this concept to criminal law relations.

scholarly journals IMPLEMENTASI TUGAS HAKIM PENGAWAS DAN PENGAMAT DALAM PENGAWASAN DAN PENGAMATAN TERHADAP NARAPIDANA (Kajian di Lembaga Pemasyarakatan Klas II A Purwokerto)

2010 ◽  
Vol 10 (2) ◽  
Author(s):  
Dessy Perdani Yuris PS
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Criminal Procedure ◽  
Internal Resistance ◽  
Court Decision ◽  
Court Decisions ◽  
Research Results ◽  
Procedure Code ◽  
The Supreme Court

The implementation of court judgments needs to be observed and perceived, thus the birth of Supervisor and Observer Judge Institution by Law No. 8 of 1981. The position of a Judge is not simply responsible for imposition of punishment, but also have to responsible for completion of punishment term by inmates in Correctional Institute by appropriate pattern and program of counseling. Besides in article 277 KUHAP till article 288 KUHAP it is charged another task as supervisor and observer of the court decision. The research results show that the implementation of the Supervisory Judge task and Observers in the execution of court decisions in Purwokerto Penitentiary is based on the Criminal Procedure Code Article 277 through Article 283 Criminal Procedure Code, the implementing regulations of the Supreme Court Circular No. RI. No. 7 of 1985. Supervisory Judge in the performance of duties and Observers in Purwokerto Penitentiary still met the constraints that are internal or external, internal resistance from law enforcement and the factors of factor means or facilities. Then the external barriers are the ruling factor.Keywords : Supervisor and Observer Judge, Purwokerto Penitentiary and prisoner

scholarly journals Jaksa Selaku Eksekutor dalam Putusan Pengadilan Tindak Pidana Pembunuhan

2020 ◽  
Vol 1 (2) ◽  
pp. 154-158
Author(s):  
I Wayan Edi Kurniawan ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Law Enforcement ◽  
Descriptive Analysis ◽  
Court Decisions ◽  
Internet Studies ◽  
Legal Rules ◽  
Applicable Law ◽  
Criminal Offender ◽  
Law Enforcement Officials ◽  
The Republic ◽  
Legal Force

Enforcement of the criminal justice system in Indonesia can also be carried out by implementing court decisions that have permanent legal force. The party that has the authority to implement the judge's decision is the prosecutor. In the contents of the criminal decision, the prosecutor's office has the authority to immediately carry out the execution in accordance with the Criminal Procedure Code. This study aims to determine the authority of the prosecutor in carrying out the execution, and to determine the execution mechanism for the crime of murder. This research uses normative methods, statutory approaches, conceptual approaches, primary legal materials, secondary legal materials, tertiary legal materials, document studies, literature studies, internet studies and analysis of legal interpretations, and descriptive analysis. The only executing agency in the State of Indonesia is the Attorney General's Office of the Republic of Indonesia. The meaning of executor is the party who has the authority to carry out court decisions based on the applicable law. The results showed that in carrying out court decisions, the prosecutor's office had duties and functions, one of which was as an executor as well as a general prosecutor. A decision that can be executed is only one that has permanent legal force and there are no more legal remedies. Prosecutors as law enforcement officers in carrying out their duties must be based on the applicable legal rules. Do not let the prosecutor violate rules that are not under their authority. Law enforcement officials who carry out executions must carry out the execution as quickly as possible and no criminal offender is executed late.

scholarly journals ANALISIS YURIDIS PENGATURAN IDEAL PENINJAUAN KEMBALI PERKARA PIDANA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 34/PUU-XI/2013

2018 ◽  
Vol 5 (2) ◽  
Author(s):  
Agung Barok Pratama ◽  
Aminah . ◽  
Mohammad Jamin
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Judicial Review ◽  
Secondary Data ◽  
Court Decision ◽  
Constitutional Court ◽  
Court Decisions ◽  
Literature Study ◽  
Law Enforcement Officials ◽  
The Ideal

<p>Abstract<br />This article  discusses the ideal setting reconsideration after the Constitutional Court decision No. 34/PUU-XII/2013. This research is legal (judicial) normative, namely by reviewing library materials (literature study). Therefore, the data used in this research is secondary data, which includes the primary legal materials, secondary, and tertiary. The results of this study showed that realizing an ideal regulatory application for review should be conducted, first, the MA should retract SEMA 7 2014 it is necessary to avoid confusion law enforcement officials and people seeking justice so as to interfere with the judicial system. If want to make additional rules to facilitate the course of justice, the MA should be poured in the form of PERMA. Second, by accelerating the process of PK and execution. Thirdly, provision PK in the future submission must be adapted to the Constitutional Court decision No. 34/PUU-X/2013. That way the material truth and justice will actually be realized.</p><p>Keywords: Judicial Review; Justice; Rule of Law; Supreme Court Decisions.</p><p>Abstrak<br />Artikel ini meneliti tentang pengaturan ideal peninjauan kembali pasca putusan Mahkamah Konstitusi No. 34/PUU-XII/2013.Penelitian ini merupakan penelitian hukum (yuridis) normatif, yaitu dengan mengkaji bahan-bahan pustaka (studi kepustakaan). Karena itu, data yang digunakan dalam penelitian ini adalah data skunder, yang mencakup bahan hukum primer, skunder, dan tersier. Hasil Penelitian ini menunjukan bahwa, demi menwujudkan suatu peraturan yang ideal permohonan peninjauan kembali maka perlu dilakukan, pertama, MA harus menarik kembali SEMA No.7 Tahun 2014 hal ini ini diperlukan agar tidak terjadi kebingungan aparat penegak hukum dan masyarakat pencari keadilan sehingga dapat mengganggu sistem peradilan. Kedua, dengan mempercepat proses PK dan eksekusinya. Ketiga, ketentuan pengajuan PK kedepanya harus disesuaikan dengan putusan MK No. 34/PUU-XI/2013. Dengan begitu keadilan dan kebenaran materiil akan benar-benar dapat diwujudkan.<br />Kata kunci: Peninjauan Kembali, Keadilan, Kepastian Hukum, Putusan Mahkamah Agung</p>

scholarly journals DISPARITAS PENEGAKAN HUKUM DI INDONESIA (ANALISIS KRITIS KASUS NENEK MINAH DALAM PERSPEKTIF HUKUM PROGRESIF)

2017 ◽  
Vol 16 (2) ◽  
pp. 221
Author(s):  
Murdoko Murdoko
Keyword(s):  
Law Enforcement ◽  
Public Domain ◽  
Economic Power ◽  
Court Decisions ◽  
The Real ◽  
The Poor ◽  
The Law ◽  
Sense Of Justice

<em>This paper examines the law enforcement in public domain. The court decisions on many cases often undergo disparities that deny the sense of justice. The disparities increasingly appear when the case comes to people who have political or economic power. However, when the case comes to the poor, who do not have power and so on, the law can be very sharp to enforce. In perspective of the progressive law, the case of </em>Nenek Minah is<em> ideally not relevant to prosecute at the court. In fact, that case shows that the working of the law in Indonesia is still based on the text rather than the context. The law enforcement is solely based on the written provisions (legalistic-positivistic) without paying attention to sociological dimension, so that the law enforcement is still far away from the purpose of law that is able to present the real justice.</em>

scholarly journals The Replacement of Criminal Fine in Criminal Taxation

Yuridika ◽  
2019 ◽  
Vol 35 (1) ◽  
pp. 113
Author(s):  
Putri Ayu Wulandari ◽  
Mochammad Zaidun
Keyword(s):  
Law Enforcement ◽  
Legal Issues ◽  
Court Decision ◽  
Court Decisions ◽  
Legal Certainty ◽  
Legal Principles ◽  
Legal Reforms ◽  
Law Enforcement Officials ◽  
Legal Uncertainty ◽  
Financial Losses

The absence of provisions regulating the substitution of criminal fines in the KUP Law, raises legal uncertainty for law enforcement officials, especially prosecutors in executing court decisions. Considering the recovery of state financial losses that can be resolved by the consistency of court decisions, so the provisions in the KUP Law must meet the legal principles in criminal fines in criminal taxation acts. By not clearly stipulated the substitution of criminal fines in the KUP Law raises legal uncertainty. While substituting criminal fines in the KUP Law is only in the form of imprisonment. In practice, there are several forms of court rulings, there are substituting criminal fines with imprisonment, substituting criminal fines with confiscation of assets then auctioned to pay underpayment taxes, substituting criminal fines with confiscation of assets then auctioned to pay underpayment taxes if the convicted person does not have property that is adequate then replaced with imprisonment. The formulation of the legal issues in this study are: (1) the philosophy of substituting criminal fines in criminal acts in the taxation field, (2) Characteristics of substitution of criminal fines in criminal acts in the taxation field. The results of this study are expected to have a conceptual and legal reforms related to substituting criminal fines in criminal acts in the taxation field, so as to ensure legal certainty, justice and benefit, then the replacement of criminal substitute fines in criminal acts in the taxation field must be included in court decisions and followed up with execution of court decision by the Prosecutor as the executor.

Substitution of Parties in the Obligation and Suretyship: Contradictions in the Construction of a Solidary Plurality of Persons (Part 1)

Legal Concept ◽  
2021 ◽  
pp. 119-124
Author(s):  
Natalia Kvitsinia ◽  
◽  
Elvira Osadchenko ◽  
Keyword(s):  
Law Enforcement ◽  
Civil Law ◽  
Court Decisions ◽  
Legal Position ◽  
The Russian Federation ◽  
Similarities And Differences ◽  
Historical Comparative ◽  
Broad Interpretation ◽  
Proper Performance ◽  
Logical Research

Introduction: the authors conducted a study of the differentiation of the norms on surety and substitution of parties in the obligation due to the lack of their clear regulation by the legislator. The paper discusses the concepts of co-suretyship and individual suretyship, reveals their similarities and differences. The authors highlighted the problems of applying the rules on the substitution of parties in the obligation and the responsibility of the surety and also suggested the ways to resolve them. The purpose of the study is to develop some proposals for improving the institution of suretyship and bringing it into line with the norms on the substitution of parties in an obligation. Methods: the study used historical, comparative law, logical research methods, as well as the method of the literal and broad interpretation of normative legal acts and court decisions. Results: the civil law doctrine of the institute of suretyship and co-suretyship was supplemented, the legal position of suretyship in the proper performance of its obligations for the debtor was determined from the standpoint of the science of civil law. Conclusions: according to the results of the study, it is proposed to amend the current legislation and completely exclude from it the provisions on the independent regulation of “joint suretyship”, i.e. to recognize Part 3 of Article 363 of the Civil Code of the Russian Federation as invalid. The provisions developed by the authors will simplify and streamline the law enforcement practice in the issues under consideration.

scholarly journals Reserva do plenário e a (in)segurança jurídica: análise da súmula vinculante número 10

2019 ◽  
Vol 42 (3) ◽  
pp. 225-247
Author(s):  
Giovane Moraes Porto ◽  
Luís Henrique Barbante Franzé
Keyword(s):  
Law Enforcement ◽  
Common Law ◽  
Law Enforcement Officers ◽  
Court Decisions ◽  
Legal Certainty ◽  
Original Culture ◽  
Ratio Decidendi ◽  
Legal Uncertainty

No intuito de minimizar a insegurança jurídica e a falta de isonomia trazida pelas decisões judiciais conflitantes sobre a mesma matéria, foi editada a Súmula Vinculante nº 10, que obriga a reserva de plenário mesmo quando o pronunciamento proferido por órgão fracionário de tribunal não reconhecer a inconstitucionalidade da norma expressamente. Mas, esta súmula perderá a sua finalidade se não houver um critério para assegurar que seja aplicada ao mesmo fato que lhe deu origem. Assim, o objetivo desta pesquisa é buscar, na cultura da “common law”, critérios da “ratio decidendi” que gerem maior confiabilidade na aplicação da referida súmula, além de propor uma nova redação. Será usada a pesquisa doutrinária e jurisprudencial, inclusive originária da cultura da “common law”. É esperado chamar atenção dos juristas para a importância do debate sobre a necessidade de maior segurança jurídica e igualdade, notadamente, por meio da aplicação da Súmula Vinculante nº 10. Abstract In order to minimize legal uncertainty and the lack of equality brought about by conflicting court decisions on the same matter was issued Binding Precedent nº 10, which requires the reservation plenum even when the speech given by fractional referring court does not recognize the unconstitutionality of the norm explicitly. But, this summary will lose its purpose if there is no criteria to ensure that it is applied to the same facts that gave rise. The objective of this research is to look at the culture of "common law" criteria "ratio decidendi" that generate greater confidence in applying that precedent, as well as propose a new wording. Doctrinal and jurisprudential research, including original culture of "common law" will be used. It is expected to draw the attention of law enforcement officers to the importance of the debate on the need for greater legal certainty and equality, notably through the implementation of Binding Precedent nº 10.

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