scholarly journals PERTANGGUNGJAWABAN ADVOKAT SEBAGAI GATEKEEPER DALAM KAITANNYA DENGAN TINDAK PIDANA PENCUCIAN UANG

Media Iuris ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 350
Author(s):  
Rendy Ardy Septia Yuristara
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Money Laundering ◽  
Legal Profession ◽  
The State ◽  
Professional Responsibilities ◽  
Basic Purpose ◽  
The Law

Advocates are the most vulnerable professions to be Gatekeepers in money laundering. Indeed, the advocate profession is part of the law enforcement apparatus that can contribute better in preventing money laundering activities to develop. Affirmation about the role of advocate that can suppress the occurrence of money laundering crime, that is with the issuance of PP. 43 of 2015, which places advocates as one of the reporting parties in the agenda of eradicating money laundering crime. However, the substance of the rule draws criticism from some misguided advocates in interpreting the intent and purpose of the arrangement. Moreover there are some advocates who consider that the rule is against the rules that regulate immunity rights in the profession advocate. The misinterpretation of some advocates related to the immunity rights inherent in the profession, causing the work of the advocate profession to be considered irrelevant, and not worthy of being called the nobleprofession (OfficiumNobile), But as a bad profession in integrity and promoting commercialization. In fact, the basic purpose of the arrangement of PP. 43 of 2015, which places the advocate profession as one of the reporting parties on the eradication agenda of money laundering, is a form of respect for the profession of advocate who is a noble profession, by prioritizing his professional responsibilities to the state, society and God, as well as his obligations as part of The legal profession to uphold the law and uphold the value of human rights while on duty.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

THE ROLE OF THE JUDICIARY IN THE CONSTITUTIONAL AND LEGAL MECHANISM FOR THE PROTECTION OF HUMAN RIGHTS AND FREEDOMS

2018 ◽  
Author(s):  
Mariana Khmyz ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Legal Aspect ◽  
Legal Protection ◽  
The State ◽  
Time Dynamic ◽  
Protection Of Human Rights ◽  
The Law ◽  
Judicial Protection

The article reveals the role of the judiciary in the context of ensuring the protection of human rights and freedoms in terms of practical approach. It was found that ensuring the protection of human rights and freedoms in Ukraine is regulated by the Constitution of Ukraine, the Law of Ukraine «On the Commissioner for Human Rights of the Verkhovna Rada of Ukraine» and the Law of Ukraine «On Citizens' Appeals». It is established that in Ukraine judicial protection is enshrined in the Constitution of Ukraine, in particular in Article 55, according to which the rights and freedoms of man and citizen in particular are protected by the court. It is proved that the functioning of the constitutional mechanism for the protection of human rights and freedoms can occur only if the state actively participates in ensuring such rights and freedoms. It is determined that an important component of subjective human rights is the right to judicial protection, which should be realized not only in the direct dimension, but also through the activities of state bodies or bodies or organizations authorized by the state. It is established that the concept of «protection» from the standpoint of the legal aspect is interpreted as a legal obligation of the state in the face of bodies, organizations or officials authorized by it, and as the ability of a person to exercise personal subjective right. It was clarified that the concept of «protection of human rights and freedoms» should be interpreted as a set of measures of organizational and legal nature to ensure legal protection or remove obstacles that arise in the context of the exercise of subjective rights and rights to restore such rights, if they were violated with the application of measures on this basis in the form of punishment of the offenders. It is proposed under the mechanism of protection of human and civil rights and freedoms, in particular, to define a holistic, legally enshrined and at the same time dynamic system, which includes subjects, objects, methods and means of protection of human and civil rights and freedoms. to neutralize illegal obstacles, as well as to prevent the emergence of new obstacles. It is proved that the mechanism of protection of human and civil rights and freedoms in particular should consist of institutional and functional systems. It is noted that the prospects for further research in this area are to determine the requirements for the incompatibility of the position of a judge with other activities in a comparative constitutional and legal aspect.

A Right to Assist? Assisted Dying and the Interim Policy

2010 ◽  
Vol 74 (1) ◽  
pp. 31-52
Author(s):  
Ben Livings
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Assisted Suicide ◽  
The State ◽  
European Convention ◽  
Life And Death ◽  
The Law ◽  
New Guidelines ◽  
Potential Challenge

There are few more controversial, or emotive, debates within the criminal law than that which surrounds the topic of euthanasia, questioning as it does the fundamental role of the law in regulating the most intimate aspects of a person's life and death. The acknowledgement by the courts (notably in the cases of Diane Pretty and Debbie Purdy) that this area engages a person's rights under the European Convention on Human Rights exacerbates the urgency of the problem, and further nuances the debate as to the extent to which the autonomy of the person is impinged upon, and whether this is a function legitimately exercised by the state. In the wake of the announcement of new guidelines for prosecution in cases of assisted suicide, this article examines the state of the law regarding assisted suicide in England and Wales, and the fragile position of euthanasia within the criminal law. It will look to the various, and often rights-based, challenges to the law, and in particular a potential challenge through Article 7 of the European Convention on Human Rights.

scholarly journals Peranan Dan Fungsi Praperadilan Dalam Penegakan Hukum Pidana Di Polda Jateng

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Dodik Hartono ◽  
Maryanto Maryanto
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Active Role ◽  
District Court ◽  
Central Java ◽  
Procedure Code ◽  
The Law

ABSTRAK�Penelitian dengan judul Peranan Dan Fungsi Praperadilan Dalam Menegakkan Hukum Pidana di Polda Jateng. Berdasarkan uraian dalam Tesis ini, permasalahan yang akan yang akan di teliti adalah: 1) Bagaimanakah fungsi dan peran praperadilan dalam penegakan hukum di Indonesia berdasarkan peraturan perundang-undangan yang berlaku? 2) Apa hambatan dalam pelaksanaan fungsi dan peran pra peradilan dalam penegakan hukum di Polda Jateng? 3) Bagaimanakah solusi dari hambatan dalam pelaksanaan fungsi dan peran pra peradilan dalam penegakan hukum di Polda Jateng?Hasil penelitian menyimpulkan bahwa : 1) Maksud dan tujuan utama yang hendak ditegakkan dan dilindungi, dalam proses praperadilan yaitu tegaknya hukum dan perlindungan hak asasi tersangka dalam tingkat pemeriksaan penyidikan dan penuntutan. Pasal 1 butir 10 KUHAP dipertegas dalam Pasal 77 KUHAP yang menyebutkan Pengadilan Negeri berwenang untuk memeriksa dan memutus, sesuai dengan ketentuan yang diatur dalam undang-undang. Wewenang pengadilan untuk mengadili dalam praperadilan dijelaskan dalam Pasal 95 KUHAP. 2) Hambatan dalam pelaksanaan fungsi dan peran praperadilan dalam penegakan hukum di Polda Jateng meliputi : a. hakim lebih banyak memperhatikan perihal dipenuhi atau tidaknya syarat-syarat formil penangkapan dan penahanan, atau ada tidaknya perintah penahanan dan sama sekali tidak menguji dan menilai syarat materilnya. b. setiap pelaksanaan upaya paksa selalu ada perenggutan HAM. c. pemeriksaan untuk melakukan penahanan, masih ada penyalahgunaan dalam tahap penyidikan oleh Polisi dan penuntutan oleh jaksa. d. selain luasnya kewenangan penyidikan dalam menentukan bukti permulaan yang cukup, pengawasan terhadap kewenangan tersebut juga lemah. 3) Solusi dari hambatan dalam pelaksanaan fungsi dan peran praperadilan dalam penegakan hukum di Polda Jateng meliputi : ����������� a. Diperlukan upaya kontrol terhadap setiap aparat penegak hukum pada lembaganya masing-masing secara vertikal. b. KUHAP perlu direvisi khususnya mengenai mekanisme saling mengawasi antara penegak hukum dan lembaga dalam subsistem peradilan. c. diperlukan peran aktif hakim dalam menggunakan kewenangannya pada saat pemeriksaan pokok perkara untuk mempertimbangkan penyidikan atau penuntutan yang tidak sesuai dengan ketentuan hukum acara atau yang melawan hukum guna menghindari penyalahgunaan HAM. d. dalam tahap ajudikasi, hakim seharusnya berkonsentrasi untuk menentukan hasil pembuktian di persidangan dan dalam tahap ini, hakim dapat menilai apa yang terjadi dalam tahap praajudikasi.Kata Kunci : Peranan dan Fungsi, Praperadilan, Penegakan Hukum Pidana�ABSTRACT�Research with the title Role And Practice Function In Enforcing Criminal Law in Central Java Regional Police. Based on the description in this Thesis, the issues that will be examined are: 1) How is the function and role of pretrial in law enforcement in Indonesia based on the prevailing laws and regulations? 2) What are the obstacles in the implementation of pre-justice functions and roles in law enforcement in the Central Java Regional Police? 3) How is the solution of the obstacles in the implementation of functions and the role of pre-judiciary in law enforcement in Central Java Regional Police?The results of the study conclude that: 1) The main purpose and objectives to be upheld and protected, in the pre-trial process, namely the enforcement of the law and the protection of human rights of suspects in the level of investigation and prosecution investigation. Article 1 point 10 of the Criminal Procedure Code is affirmed in Article 77 of KUHAP stating that the District Court has the authority to examine and decide upon, in accordance with the provisions stipulated in law. The jurisdiction of the courts to adjudicate in pre-trial is described in Article 95 of the Criminal Procedure Code. 2) Obstacles in the implementation of functions and the role of pretrial in law enforcement in Central Java Police include: a. judges pay more attention to whether or not the formal conditions for arrest and detention, or whether there is a detention order and not test and judge material requirements at all. b. every execution of forced efforts is always a rush of human rights. c. checks for detention, there is still abuse in the investigation stage by the Police and prosecution by the prosecutor. d. besides the extent of investigative authority in determining sufficient preliminary evidence, the oversight of the authority is also weak. 3) Solutions from obstacles in the implementation of functions and pretrial roles in law enforcement in Central Java Police include: a. Control of each law enforcement apparatus is required on each institution vertically. b. The Criminal Procedure Code needs to be revised, especially regarding the mechanism of mutual supervision between law enforcement and institutions within the judicial system. c. an active role of the judge in the use of authority at the time of examination of the principal matter to consider investigations or prosecutions that are not in accordance with the provisions of procedural law or against the law in order to avoid abuse of human rights. d. in the stage of adjudication, the judge should concentrate on determining the results of the evidence in the hearing and in this stage the judge can judge what happened in the pre-certification stage.Keywords: Roles and Functions, Pretrial, Criminal Law Enforcement

Femicidio and Feminicidio Laws in Latin America

2020 ◽  
Author(s):  
Pamela Neumann
Keyword(s):  
Human Rights ◽  
Latin America ◽  
The State ◽  
Gender Violence ◽  
Legal Activism ◽  
Role Of The State ◽  
Mexican State ◽  
The Law ◽  
Precise Content

Femicidio refers to the murder of a woman because of her gender. Feminicidio emphasizes the role of the state in enabling these crimes and the impunity with which they are treated. Feminist legal activism and the development of supranational and regional human rights instruments throughout the 1990s and 2000s were essential to the development of femicidio/feminicidio laws across Latin America. As of 2018, such laws were in effect in 18 countries across the region. However, the precise content and scope of laws criminalizing femicidio/feminicidio vary. For example, in the case of Mexico, transnational feminist legal activism, including a case brought before the Inter-American Human Rights Court, was essential to shaming the Mexican state into codifying feminicidio. This process was facilitated by the presence of feminist legislators within the Mexican legislature, who advocated for such legislation. In the case of Nicaragua and Peru, local feminist advocacy and copious documentation of the scope of the problem of femicidio/feminicidio proved more significant in the ultimate codification of femicidio/feminicidio. However, the legal advances against gender violence achieved in Nicaragua in 2012 were subsequently undone due to pressure from men’s rights and religious conservatives, leading to the weak implementation of the law criminalizing femicidio.

PRINSIP-PRINSIP NEGARA HUKUM INDONESIADALAM UUD NRI TAHUN 1945

2018 ◽  
Vol 1 (1) ◽  
pp. 1-12
Author(s):  
Putra Astomo
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
The State ◽  
Human Culture ◽  
Balance System ◽  
Court Administration ◽  
The Law

Human was thinking about law state developed in the various history situation of human culture. Although law state concept viewed as universal concept real have kind characteristic. The kind characteristic became principles which as must built. For example Indonesian State was law state mentioned in Article 1 Clause (3) Constitution 1945 years. After change Constitution 1945 years there are some principles Indonesian Law State include: law enforcement, Human Rights of protection, separation of power by check and balance system, limitation of power in the state, equality before the law, with Court Administration.

Ensuring human rights in activities of law enforcement agencies

2017 ◽  
Author(s):  
Альфия Акмалова ◽  
Alfiya Akmalova ◽  
Владимир Капицын ◽  
Vladimir Kapitsyn
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
The State ◽  
International Standards ◽  
Law Enforcement Agencies ◽  
Public Authorities ◽  
National Legislation ◽  
The Law ◽  
The Individual

In the textbook on the basis of consideration of international standards and national legislation in the field of the rights and freedoms of the individual are considered main mechanisms of their law-enforcement agencies. Special attention is paid to the analysis of the requirements to the law enforcement practice of public authorities concerning the rights of separate categories of citizens. The tutorial is intended for professionals studying in the direction of training "law Enforcement" and anyone involved in human rights activities, asked about the situation of the individual in society and the state.

scholarly journals Interaction between the state migration service and the national police – an important guarantee of human rights

2021 ◽  
pp. 29-38
Author(s):  
Valeriia Golub
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Migration Policy ◽  
The State ◽  
Public Order ◽  
Constitutional Rights ◽  
Joint Work ◽  
Law Enforcement Agencies ◽  
The Law ◽  
National Police

The study is devoted to the problem of the need to increase the efficiency of the law enforcement system of Ukraine, its institutions such as the State Migration Service of Ukraine and the National Police of Ukraine. The article considers one of the areas of intensification of the system of the Ministry of Internal Affairs - the organization of their interaction, namely: a comprehensive approach to the state to ensure the constitutional rights and freedoms of man and citizen in Ukraine, effective measures to ensure public order and public security. Emphasis is placed on the need to take further steps to strengthen the interaction between the National Police and the State Migration Service, study and use in this process the positive experience of the law enforcement system of Ukraine. Appropriate measures are proposed for more effective cooperation between the State Migration Service and the National Police in ensuring human rights and freedoms in Ukraine. Considering the experience of the results of joint activities of the SCSU and the NPU on the protection of constitutional human rights and freedoms in the Kharkiv region, the study provides sound proposals for further and more effective promotion of such forms of work. The article provides examples of practical results of joint work of the SCSU and NPU, which confirm the feasibility of establishing cooperation in the functioning of these law enforcement agencies. The situation in the country with the protection and realization of the rights of some categories of foreign citizens and stateless persons staying on the territory of Ukraine is also analyzed. The study examines the current situation in the country with the protection of refugee rights, highlights the factors that force society and government agencies that determine migration policy in Ukraine, to pay attention to this, to focus on the factors and consequences of these violations. Keywords: National Police of Ukraine, State Migration Service of Ukraine, interaction, law enforcement body, human rights, migrant, refugee, public safety, public order.

scholarly journals PERLINDUNGAN HUKUM DARI KEKERASAN DALAM RUMAH TANGGA MENURUT UU NOMOR 23 TAHUN 2004

to-ra ◽  
2017 ◽  
Vol 3 (2) ◽  
pp. 607
Author(s):  
L. Elly AM Pandiangan
Keyword(s):  
Law Enforcement ◽  
The State ◽  
The Public ◽  
The Law ◽  
Internal Affairs ◽  
At Home

Abstract The Violence in Family often too difficult to detect and the public paradigm still assume that stuff is internal affairs of the families concerned, the presence of Laws number 23 years 2004 about the elimination of the violence at home, is expected to provide protection for the citizen of the state from the unconfortable sense and as forms of the violence however number of the violence at home in everyday instantly increase. As the Writer will explore how does the role of Laws number 23 years 2004 about exlusion of the violence at home in giving guarantee protections for the citizen of the state especially for them which is a victims of the violence that happened at home. By the question which focused on: Whether it has enough to protect the citizen of the state that being a victim of violence a Home?, and How should be done for decreasing of the number violence case at home that happened in Indonesia? The conclusion that founded by the writer that is principle Laws number 23 years 2004 about removal of the Violence at Home has been enough to provide the protection to the victims and the elementary to the law enforcement. But in its implementation must be done in a way of comprehence and sistematic, not only with the country through the tools of its power and also with the public that supporting the deletion of the violence at Home.   Keywords: Perlindungan hukum dari kekerasan dalam rumah tangga

Theories of human rights and its history

2021 ◽  
Vol 70 (09) ◽  
pp. 58-62
Author(s):  
Nigar Hafiz qızı Məmmədova ◽  
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
The State ◽  
Right To Education ◽  
Personal Rights ◽  
Criminal Charges ◽  
The Law ◽  
The Right ◽  
To Receive

Human rights are the opportunities that people have from birth to death. Regardless of race, nationality, gender, every person has certain rights. These rights must be applied regardless of where and in what position people live. No one has the right to receive these rights from people. But there are also some restrictive cases in this area. If a person violates the law or acts contrary to the national security interests of the state, then it is inevitable to make decisions within the framework required by the law. Human rights are norms that seek to protect people from serious political, legal and social exploitation. The most important of these rights are freedom of religion, the right to a fair trial on criminal charges, the right not to be tortured and the right to education. The philosophy of human rights is understood to answer questions about the existence, essence, validity, justification and legal status of human rights. Human rights are relations that determine the place and role of a person and a citizen in society and the state, the essence of the realization of a person's own capabilities and limits established by the state, as well as ways of ensuring and protecting. At the same time, the legal status of a person includes socio-economic, civil, political and personal rights and freedoms. Key words:human rights,ombudsman,social exploitation,occupied lands,refugees

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