The Connecting Strand

2018 ◽  
pp. 60-66
Author(s):  
Eric M. Freedman
Keyword(s):  
Nineteenth Century ◽  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Present Situation ◽  
Legal Issues ◽  
Habeas Corpus ◽  
William Penn ◽  
Fact Finding ◽  
The One ◽  
Historical Developments

Until the first half of the nineteenth century the wide power of the jury was a central check on government as this Chapter shows through numerous examples. The jury might choose to render a special verdict determining the facts and letting the court apply the relevant law. This often happened in routine cases of a technical nature. But the law-determining power of the jury could not be taken from it involuntarily. The power was often utilized in high-visibility cases, e.g. the prosecution of John Peter Zenger for libel, and in ones where the legal issues were clear, e.g. most cases involving misconduct by law enforcement officers. The landmark English habeas corpus decision in Bushell’s Case established that a criminal jury (there, the one trying William Penn for unlawful preaching) could insist on an acquittal regardless of the judge’s view. Moreover, juries could constrain the judges’ sentencing options through fact-finding whose effect was to render the defendant guilty only of a lesser offense (e.g. Colony v. Bullojne (Mass. 1667)). The jury’s role as a constraint on power was eviscerated by subsequent historical developments. The present situation is undesirable and should be reconsidered.

scholarly journals PEMBERANTASAN KORUPSI DAN KEMAUAN POLITIK DI INDONESIA

2018 ◽  
Vol 3 (1) ◽  
Author(s):  
Aknolt Kristian Pakpahan ◽  
Albert Triwibowo ◽  
Raden Roro Mirna Astari Magetsari
Keyword(s):  
Law Enforcement ◽  
Development Process ◽  
National Development ◽  
Law Enforcement Officers ◽  
Political Will ◽  
Long Run ◽  
Systemic Impact ◽  
Problematic Issue ◽  
The Government ◽  
The One

<p><em>The problem of corruption is strongly rooted in Indonesia and became a problematic issue for Indonesia. Corruption that is also done by law enforcement officers is believed to have undermined the authority of the government not only in domestic but also in international scale. Systemic impact of corruption touches not only the economy sector as a strong pillar of the country's development but also touches the human spirit as part of the national development process. To overcome the problem of corruption, there must be a strong political will from the government that can be implemented in government policy such as promoting exemplary conduct and modest lifestyle, signing the integrity pact, creating an effective punishment, promoting a clear division and synergy among government agencies, establishing the one roof administration in the long run, and introducing an anti-corruption education early on.</em></p><p><em> </em></p><p><strong><em>Keywords:</em></strong><em> corruption, problems of fighting corruption, and political will.</em></p>

Former employees of the Ministry of Internal Affairs of the Tambov Governorate after the February Revolution of 1917

2021 ◽  
pp. 194-205
Author(s):  
Pavel S. Rakhmanov
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Professional Group ◽  
Political Life ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Political Conditions ◽  
Russian Law ◽  
Internal Affairs ◽  
The One

The problems of changing the position of the Ministry of Internal Affairs after the events of February–March 1917 in the Tambov Governorate are investigated. We study the state policy, the attitude of local authorities and the public to representatives of this socio-professional group, individual features of the adaptation of its representatives to new socio-political conditions. The relevance of the research is due to both significant gaps in the historiography of the issue, especially at the regional level of the study of the problem, and a certain consonance with the modern problems of Russian law enforcement agencies in the context of transformations. It is concluded that representatives of the broad popular strata and the soldier masses treated former em-ployees of the Ministry of Internal Affairs extremely negatively, which was especially pronounced in the period that followed the revolutionary events of February 1917. However, the leadership of both the governorate as a whole and in individual counties pursued an ambivalent policy towards representatives of this social and professional group. On the one hand, the tasks were set for the maximum removal of former law enforcement officers from participation in public and political life, and on the other, their professional skills were in demand in the newly created militia bodies.

REGARDING THE REGULATORY REGULATION OF TERMS AND PROCEDURE FOR ADMINISTRATIVE DETENTION OF OFFENSERS FOR DOMESTIC VIOLENCE

2021 ◽  
Vol 2 (2) ◽  
pp. 161-167
Author(s):  
Andrіy Shulha ◽  
◽  
Olha Peresada ◽  
Tetyana Khailova ◽  
◽  
...  
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Physical Nature ◽  
Law Enforcement Officers ◽  
The One ◽  
Administrative Proceedings ◽  
The Right ◽  
National Police ◽  
Current Code ◽  
Administrative Detention

The article deals with the issue of normative regulation of the terms and procedure of administrative detention of offenders committed domestic violence in order to justify increasing the detention period for domestic brawlers for more than three hours. It is proposed to supplement Article 263 of the Code of Ukraine on Administrative Offenses with the fourth part of the following content: “Persons who have committed domestic violence, i.e. the intentional commission of any act of a physical nature (use of violence that did not cause bodily harm; threats; insults or persecution; deprivation of housing, food, clothing, other property or funds that belongs to the victim, who has the right on it guaranteed by law, et.) must be detained for up to 72 hours for referral to trial if the physical or mental health of the victim was damaged or could be damaged. This applies to cases if the urgent injunction was not executed by the person in respect of whom the order was issued or if person did not notify the authorized units of the National Police of Ukraine of the place of his/her temporary stay”. It was proposed to detain domestic rowdies after administrative detention in special rooms for arrestees. The proposal of legal scholars and law enforcement officers regarding the possibility of administrative proceedings without the obligatory presence of a person who was brought to administrative responsibility for committing domestic violence has been also supported. This provision of the current Code of Ukraine on Administrative Offenses already in its content has certain precedents for increasing the term of compulsory detention of a detained person for committing certain administrative offenses. Thus, there is a certain procedural precedent, which makes it possible to increase the terms of administrative detention for other administrative offenses, which in their content have more significant harmful consequences for society, such as Article 10 of this Code. Thus, among the administrative offenses, such as those listed in paragraph 1 of part 2 of Article 262 of the Code of Administrative Offenses of Ukraine, for which administrative detention is provided for no more than three hours, domestic violence is the one that, on our opinion, has the most serious harmful consequences for society.

Policing Rome

1984 ◽  
Vol 74 ◽  
pp. 20-29 ◽  
Author(s):  
Wilfried Nippel
Keyword(s):  
Nineteenth Century ◽  
Roman Empire ◽  
Law Enforcement ◽  
Fundamental Question ◽  
Roman History ◽  
Public Order ◽  
Fundamental Change ◽  
The Everyday ◽  
The One ◽  
Considerable Loss

One fundamental question is already implied in the use of the word ‘policing’. A glance at the scholarly literature shows that ‘policing’ is used in the context of Roman history with respect to the aediles and the tresviri capitales, or as an equivalent of magisterial coercitio; or it is applied to the vigiles, the cohortes urbanae or the cohortes praetoriae of the Principate as well as to the respective praefecti; and, of course, to the various controlling bodies and agents of the Later Roman Empire. This is at least partly due to the fact that the fundamental nineteenth-century works reflect a usage of ‘policing’ which oscillates between the description of a function, i.e. securing public order, on the one hand and the designation of a specialized agency to fulfil this function on the other hand. This is due to the fact that the establishment of a specialized law-enforcement apparatus only took place during the (eighteenth and) nineteenth century. The institutionalization of a professional police force represents a fundamental change in societal as well as individual attitudes towards and demand for public order. It may easily be overlooked that the indisputable gain in security and public order had to be paid for with a considerable loss of flexibility in the interaction between rulers and ruled (which was now mediated by a bureaucratic organization), and with an intensification of control and discipline in the everyday life of most members and strata of society.

scholarly journals Progressive Law Functions In Realizing Justice In Indonesia

2019 ◽  
Vol 19 (1) ◽  
pp. 1
Author(s):  
Lisma Lisma
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Legal Theory ◽  
Law Enforcement Officers ◽  
Legal Issues ◽  
Question Mark ◽  
Good People ◽  
Community Justice ◽  
Normative Sociology ◽  
The Stability

Abstrak: Persoalan hukum yang terjadi di Indonesia seakan menjadi tanda tanya besar karena Indonesia merupakan Negara Hukum yang seharusnya dapat terjaga stabilitas, keamanan dan kesejahteraan masyarakat.  Keadilan menjadi salah satu tuntutan dalam penegakan hukum di Indonesia sehingga menimbulkan pertanyaan dimana letak persoalan ketidak adilan tersebut apakah pada substansi, strukture atau kulturenya ?. penegakan hukum seperti sebila pisau yang tumpul ke atas dan tajam ke bawah, persoalan ketidakadilan inilah yang menjadi dasar dalam penelitian ini sehingga dapat dirumuskan persoalan sebagai berikut, yaitu: (1) Bagaimanakah fungsi hukum progresif sebagai upaya menemukan keadilan?. (2) Bagaimanakah perwujudan Hukum Progresif dalam Hukum di Indonesia ?. penelitian ini bertujuan untuk memberikan sumbangsi pemikiran agar teori hukum progresif dapat dijadikan sebagai salah satu solusi dalam penegakan hukum di Indonesia.Metode penelitian menggunakan penelitian normatif dengan melakukan deskripsi terhadap aturan-aturan, putusan-putusan hakim dan tindakan aparat penegak hukum yang bersifat progresif. Penelitian ini menggunakan 2 sumber hukum yakni bahan hukum primer: Pancasila, Norma atau kaidah-kaidah (UUD NRI 1945 dan UU No 48 Tahun 2009) dan bahan sekunder: literatur-literatur, hasil penelitian ilmiah, makalah dan seminar, artikel, jurnal, buku dan berita. Analisis terhadap permasalah dalam penelitian dapat disimpulkan: (1)  bahwa hukum yang dianggap tidak adil dapat diabaikan demi menumkan keadilan dengan menggunakan pendekatan hukum progresif karena teori ini bisa dipahami sebagai sosiologis normatif sehingga bisa diterapkan dalam tiga komponen hukum yakni substansi, structure, dan kulture. (2) Perwujudan hukum progresif dapat diupayakan dengan beberapa gagasanyaknimempergunakanperan moral danetika, melakukanpenafsiran yang progresif, pendidikandimulaipadafakultashukumdanmengangkat orang-orang baik. Perwujudan hukum progresif di Indonesia dapat direlevansikan dengan pembangunan hukum nasional di Indonesia dengan upaya pemeliharaan, pembaharuaan dan penciptaan seperti hukum progresif yang merobohkan dan membangun hukum.Kata Kunci: Negara Hukum, Keadilan, Hukum Progresif Abstract: Legal issues in Indonesia seemto be a big question mark because Indonesia is the State of Law that should be able to maintain the stability, security, and welfare of the community. Justice becomes one of the demands in law enforcement in Indonesia that raises the question where the problem of injustice was whether, on substance, structure or culture ?. law enforcement such as blunt knife is blunt upward and sharp downward.the problem of injustice was the basis of this researcbe formulated as follows: (1) How is the function of progressive law as an effort to find justice ?. (2) How is the embodiment of Progressive Law in Indonesian Law ?. This study was aimed to provide a contribution to the idea that progressive legal theory can be used as one of the solutions in law enforcement in Indonesia. The research method was normative research with the description of rules, judges' decisions and progressive actions of law enforcement officers. The researcher used  two legal sources: primary law materials: Pancasila, norma or rules (UUD NRI 1945 and UU No 48 the Year 2009) and secondary materials: literature, scientific research results, papers and seminars, articles, journals, books, and news. The analysis of the problems in the research can be concluded as the followingas the following: (1) the unfair law can be ignored in order to put forward justice by using progressive law approach because this theory can be understood as normative sociology so it can be applied in three legal components namely substance, structure, and culture. (2) The embodiment of progressive law can be pursued by several ideas, as such as, the use of moral and ethical roles, doing progressive interpretations, providing education in law faculties and hiring some good people. The implementation of progressive law in Indonesia can be relatedto the development of national law in Indonesia bymaintaining, reforming, and creatinglike how progressive law breaks down and builds the law. 

scholarly journals The Role of Legal Culture in Corruption Eradication Effort (A Comparative Study of Indonesian and Japanese Corruption Crime Handling)

2019 ◽  
Vol 3 (1) ◽  
pp. 25-34
Author(s):  
Laely Wulandari ◽  
Lalu Parman
Keyword(s):  
Law Enforcement ◽  
Comparative Study ◽  
Significant Role ◽  
Law Enforcement Officers ◽  
Legal Culture ◽  
The Other ◽  
The One ◽  
Strong Culture ◽  
Eradication Effort

In a comparative study of Eradicating Corruption in Indonesia and Japan appears that law culture plays a significant role. Indonesia has special institution that deals with corruption while Japan does not have it. Nevertheless, cases of corruption in Indonesia are higher than in Japan. This is due to the Indonesian culture of ewuh pakewuh, reluctant, and has two different views in dealing with corruption. On the one hand, Indonesia rejects corruption, but on the other hand, it commits actions that support corruption. Meanwhile, Japan has a strong culture of shame for committing law violations both at the community level and law enforcement officers.  

The Federal Posse Comitatus Doctrine: Slavery, Compulsion, and Statecraft in Mid-Nineteenth-Century America

2008 ◽  
Vol 26 (1) ◽  
pp. 1-56 ◽  
Author(s):  
Gautham Rao
Keyword(s):  
Nineteenth Century ◽  
Law Enforcement ◽  
Henry David Thoreau ◽  
Law Enforcement Officers ◽  
The State ◽  
Public Welfare ◽  
Alexis De Tocqueville ◽  
Antebellum America ◽  
The Public ◽  
Nineteenth Century America

In antebellum America, as in pre-industrial England, it was commonplace to witness civilians accompanying sheriffs and justices, scouring the countryside in search of scoundrels, scalawags, and other law-breakers. These civilians were the posse comitatus, or uncompensated, temporarily deputized citizens assisting law enforcement officers. At its core, the posse comitatus was a compulsory institution. Prior to the advent of centralized police forces, sheriffs and others compelled citizens to serve “in the name of the state” to execute arrests, level public nuisances, and keep the peace, “upon pain of fine and imprisonment.” Despite its coercive character, though, the posse was widely understood as one among many compulsory duties that protected the “public welfare.” Americans heeded the call to serve in local posses, explained jurist Edward Livingston, because of communal “ties of property, of family, of love of country and of liberty.” Such civic obligations, wrote Alexis de Tocqueville in 1835, illustrated why Americans had such a pressing “interest in … arresting the guilty man.” At once coercive and communitarian, lamented Henry David Thoreau, the posse comitatus exemplified how those that “serve the state … with their bodies,” were “commonly esteemed good citizens.”

scholarly journals On the issue of bringing minors to criminal responsibility and execution of punishment against them

2020 ◽  
Vol - (1) ◽  
pp. 32-40
Author(s):  
N.V. Golovko ◽  
Keyword(s):  
Law Enforcement ◽  
Juvenile Offenders ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Law Enforcement Officers ◽  
Legal Issues ◽  
Criminal Punishment ◽  
Legal Literature ◽  
Criminal Penalties

The article is devoted to the analysis of theoretical and legal issues related to the problems of bringing minors to criminal responsibility, as well as the execution of criminal punishment imposed by the court against them. The analysis of legal literature, legislative acts, as well as judicial and investigative practice regarding the privileges provided by the criminal law in relation to juvenile offenders. On the basis of the research, the author identified the main tasks facing law enforcement officers, who are charged with the duty to perform the criminal penalties established by the court against adolescents.

Foreign Natives: Psychoactivity, Policing, and the Elusive Corporeality of the Post-Soviet Rave

2021 ◽  
pp. 009145092110468
Author(s):  
Pavel Vasilyev ◽  
Viktoria Vinokurova
Keyword(s):  
Law Enforcement ◽  
Drug Research ◽  
Law Enforcement Officers ◽  
Control Measures ◽  
Drug Control ◽  
Resistance Strategies ◽  
Wide Range ◽  
Spatio Temporal ◽  
The One ◽  
Material Studies

This article focuses on the rave subculture of St. Petersburg in the 1990s and demonstrates how new forms of psychoactive control and resistance emerged in the wake of the Soviet collapse. By staying sensitive to the material and corporeal aspects of these phenomena, it contributes to the socio-material studies of drug control and emphasizes that the physical body itself should be an important venue for drug research. In doing so, we build on existing literature that discusses bodies as information resources to detect drug use and identifies resistance strategies to increasingly technological drug control measures. We advance this discussion by suggesting that the psychoactive setting of rave in post-Soviet St. Petersburg gave rise to a highly particular yet notably elusive and difficult-to-define type of corporeality. On the one hand, this corporeality could be positively interpreted as a marker of resistance and belonging on the “inside.” At the same time, it could also be employed strategically by law enforcement officers to detect and prosecute drug-consuming individuals. Moreover, we propose to view this psychoactive “rave body” as deeply embedded in its spatio-temporal context—thus accounting for the influence of time and space on the materiality of drug control and resistance. In examining these dynamics, we draw on a wide range of sources, including memoirs, press materials, early Internet archives, publicly printed interviews, photographs, and video materials.

scholarly journals Akibat Hukum Jual Beli Organ Tubuh Manusia dalam Hukum Positif di Indonesia

2021 ◽  
Vol 2 (3) ◽  
pp. 661-666
Author(s):  
I Wayan Merta Jaya ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Maoe Hinggu Widyantara
Keyword(s):  
Law Enforcement ◽  
Health Services ◽  
Science And Technology ◽  
Law Enforcement Officers ◽  
Empirical Method ◽  
The Other ◽  
Criminal Sanctions ◽  
Human Organs ◽  
Positive Law ◽  
The One

Indonesia is a country whose population is located on various islands in various regions, has various backgrounds and different body conditions that make everyone has different conditions. This can be seen from the use of advances in science and technology as a solution in solving health problems which include treatment or healing of disease, recovery, care and health services. The purpose of this study is to determine the legal arrangements regarding the sale and purchase of human organs in positive law in Indonesia and criminal sanctions for perpetrators who buy and sell human organs in Indonesia. This study uses an empirical method using a statutory approach in analyzing and reviewing the research. The results showed that. The results of the study explain that the application of the law regarding the provisions of the legislation governing the sale and purchase of human organs has not been maximally implemented by law enforcement officers. Transparency of organs is still a pro and con on the one hand, this work can save a person's life, but on the other hand, a person can be penalized for transparency, which is different from other countries that allow someone to carry out organ transactions to save someone's life

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