scholarly journals Legal protection justice collaborators in corruption justice system

2021 ◽  
Vol 10 (6) ◽  
pp. 306-316
Author(s):  
Mochmad Ali Asgar ◽  
I Nyoman Nurjaya ◽  
Bambang Sugiri ◽  
Tunggul Anshari
Keyword(s):  
Law Enforcement ◽  
White Collar Crime ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Philosophical Approach ◽  
Abuse Of Power ◽  
The Right ◽  
Official Crime ◽  
Binding Power ◽  
Economic Crimes

Corruption is a crime that is difficult to eradicate because the perpetrators of corruption usually have a strong economic and political position so that corruption is classified as a white-collar crime, crimes as business, economic crimes, official crime, and abuse of power. The purpose of this research is to know the urgency of providing legal protection for witnesses to perpetrators who are willing to cooperate with law enforcement in the investigation of Corruption Crimes. This research is normative legal research using the statute approach, philosophical approach, and case approach. The results can be explained that the urgency of providing legal protection for perpetrators of witnesses who are willing to cooperate with law enforcement in the investigation of Corruption Crimes because Justice Collaborator is the main actor who can help uncover a crime because it has the potential to have evidence to drag the main perpetrator and other suspects in. Third, the future arrangements for perpetrator witnesses who are willing to cooperate with law enforcement still cannot be used as a strong legal basis regarding the right of commutation of sentence for Justice Collaborators in criminal justice by law enforcement officers and many have weaknesses, especially in terms of commutation of sentences for Justice Collaborators for their testimonies in assisting law enforcement officers but are only used as considerations by judges without any binding power that obliges judges to provide leniency.

scholarly journals PERLINDUNGAN HUKUM TERHADAP TERSANGKA PADA TAHAP PENYIDIKAN YANG TDAK SESUAI DENGAN PASAL 52 KITAB UNDANG-UNDANG HUKUM ACARA PIDANA (contoh kasus: penangkapan tersangka pemilik ribuan rokok illegal)

2019 ◽  
Vol 1 (2) ◽  
pp. 425
Author(s):  
Andri Tjhin ◽  
Mety Rahmawati
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
International Law ◽  
Research Method ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Scientific Paper ◽  
Theory Of Justice ◽  
Article 50 ◽  
The Right

Human rights are the rights attached to every individual and recognized by international law, in practice regarding human rights is regulated to become more specific, namely being the right of the suspect. The KUHAP regulates the rights of suspects precisely in Article 50 until 68. In the case of writing this scientific paper, there are several suspect rights in the stage of investigations that are violated by law enforcement officers, especially article 52, which means there are differences between those stipulated in the law with reality. The research method used is a normative legal research method which is based on primary, secondary, and supported by the results of interviews with related professions, which are then analyzed deductively. The results of this study illustrate that there is legal uncertainty amid law enforcement in Indonesia. Theory of justice, Theory of legal protection and the theory of legal certainty used which essentially becomes a benchmark for conformity of law enforcement in Indonesia.

scholarly journals Deviant behavior of employees of internal affairs bodies: experience of dialectical assessment

2021 ◽  
Vol 2021 (1) ◽  
pp. 151-163
Author(s):  
Sergey Milyukov ◽  
Andrey Nikulenko
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Deviant Behavior ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Point Of View ◽  
Practical Implementation ◽  
Law Enforcement Agencies ◽  
The Right

In modern Russia, the problem of countering socially dangerous manifestations acts as a national project that proclaims the right of citizens to safe living conditions. Much attention is paid to the ability of law enforcement officers to resist criminal expansion legally, to be able to protect themselves and others by means of legal use of force against persons who commit socially dangerous encroachments. Guided by the concept of deviance, the authors made an attempt to analyze the problem of lawful behavior by law enforcement officers, primarily police officers. The researchers came to a reasonable conclusion about the need to adjust the current state of affairs. The legislation and the practice of its application cannot satisfy the interests of representatives of law enforcement agencies engaged in official activities for the protection of public order and ensuring of public safety. Imperfect legislation is the main reason of deviant behavior of police officers who are in permanent stress situations. Their abundance also provokes deviant behavior of police officers, which sometimes manifests itself in extreme brutality towards lawbreakers. From our point of view, the current norms of the Criminal Code of the Russian Federation, primarily the norms of Chapter 8, are not clear enough. Moreover, their legislative wording is far from being perfect and gives the opportunity to shift the blame for causing harm to persons who do it in circumstances that exclude the criminality of the act. The proposed careful adjustment of the norms of criminal legislation will significantly increase the effectiveness of their practical implementation, instill confidence in the consciousness of police officers about the importance and possibility of offensive legitimate steps to influence crime, as well as to increase their legal protection.

scholarly journals PENYELESAIAN KONFLIK PERTANAHAN PADA KAWASAN PARIWISATA LOMBOK (STUDI KASUS TANAH TERLANTAR DI GILI TRAWANGAN LOMBOK)

2014 ◽  
Vol 14 (2) ◽  
Author(s):  
Zainal Asikin
Keyword(s):  
Land Use ◽  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Land Dispute ◽  
The People ◽  
Agrarian Law ◽  
The Government ◽  
The Right ◽  
Lombok Island

This research is aimed at exploring an appropriate solution for various conflicts in land use, particularly in optimizing the utilization of the neglected land in Gili Terawangan, Lombok Island.  This solution is required to avoid potential horizontal conflicts among people, companies and government since 1993. Conflict over land in Lombok Island in general and Gili Terawangan particularly shows several factors; first, the wrong policy in the area of land (especially in tourist areas); second, the infirm attitude of the Party and the Government Land Office in the enforcement of laws; third, the jealousy of Gili Terawangan natives as cultivators; fourth, less responsibility employers (who acquire cultivating right); fifth, the absence of law protection for Gili Terawangan natives; sixth, the arrogant attitude of law enforcement officers. The comprehensive and final resolution to the conflicts of land use could only be achieved if: (i) the people, who already control and use or manage the land from time to time, are provided certainty on managing and optimizing the land based on the principles of welfare, justice, equity, efficiency and sustainability; (ii) the selection and determination of the companies that will be granted the right to cultivate (HGU) and the right to build (HGB) should be conducted based on the transparent principle. In this respect, the government could establish an independent team that involves all components of society and higher education.Key words: land dispute, tourism area, agrarian law.

scholarly journals LEGAL PROTECTION FOR CONSUMERS IN TRANSACTIONS FOR E-COMMERCE

2019 ◽  
Vol 3 (1) ◽  
pp. 57
Author(s):  
Bing Yusuf
Keyword(s):  
Law Enforcement ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Community Members ◽  
Daily Consumption ◽  
Business World ◽  
Positive Law ◽  
Technological Developments ◽  
The Government ◽  
Legal Subjects

The development of information and electronic technology every time becomes faster, supported by the great curiosity of humans to make information technology and electronics as daily consumption. Technology penetrated into the business world pampering the community with ease of accessibility through ecommerce systems. People enjoy buying and selling facilities through e-commerce, but most people forget that every thing has a positive and negative side. The majority of people enjoy the convenience and convenience of e-commerce to access and obtain the desired items, but not a few community members have become victims of e-commerce transactions. The government acting as a regulator has issued a lot of laws and regulations, but until now all forms of injustice, fraud, and even crime through ecommerce buying and selling have not been completely blocked. Institutions established specifically to defend disadvantaged consumers also do not yet have adequate specifications to protect disadvantaged consumers through e-commerce buying and selling. The capabilities and facilities possessed by law enforcement officers are still limited, there are still many perpetrators of injustice, fraud and crime in buying and selling e-commerce that are still moving and operating freely. Based on the reality of e-commerce buying and selling formulated a problem regarding how legal protection is actually for consumers in buying and selling e-commerce? What obstacles are faced by consumers to get legal protection in buying and selling e-commerce? How is the legal effort made by consumers who are disadvantaged in buying and selling ecommerce? Using positive law analyzed with reality that occurs in the community it can be concluded that e-commerce buying and selling is arguably a new thing so that it demands for the whole legal system and legal subjects to adapt to technological developments and the progress of civilization

scholarly journals Corruption in the Economy of Ukraine

2021 ◽  
Vol 10 (3) ◽  
Author(s):  
Andrii Kofanov ◽  
◽  
Nataliia Pavlovska ◽  
Maryna Kulyk ◽  
Yuliia Tereshchenko ◽  
...  
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Public Life ◽  
Law Enforcement Officers ◽  
The State ◽  
Key Issues ◽  
Internal Affairs ◽  
National Police ◽  
Economic Crimes

The research was conducted on the basis of the method of system analysis and generalization of information obtained during the survey conducted by different categories of law enforcement officers who carry out pre-trial investigation of the said crimes, as well as reports from the Ministry of Internal Affairs of Ukraine, the National Police of Ukraine, National Anti-Corruption Bureau of Ukraine, etc. for 2016-2019. The most relevant motives and methods of committing corruption crimes were analyzed and found that bribery and corruption were the first among economic crimes, and the increase in the number of these crimes was facilitated by the high corruption of state bodies in various spheres of public life. The key issues that will reduce the level of corruption in the state are outlined.

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.

scholarly journals Perlindungan Hukum terhadap Anak yang Menjadi Korban Tindak Pidana Persetubuhan di Bawah Umur

2020 ◽  
Vol 1 (2) ◽  
pp. 1-5
Author(s):  
Agustinus Yitsak Mannuel Kapitan ◽  
I Made Sepud ◽  
I Nyoman Sujana
Keyword(s):  
Law Enforcement ◽  
Sexual Intercourse ◽  
Child Protection ◽  
Legal Protection ◽  
Medical Assistance ◽  
Criminal Sanctions ◽  
Sense Of Security ◽  
Law Enforcement Officials ◽  
Body And Soul ◽  
The Right

Legal protection is a legal effort that must be provided by law enforcement officials to provide a sense of security to the community both body and soul from interference and threats from any party. The protection of children who are victims of moral crimes is regulated in Law Number 23 of 2002 jo and Law Number 35 of 2014 concerning Child Protection. This research was conducted with the aim of describing the legal protection of a child who is the victim of criminal acts of sexual intercourse and the criminal sanctions against the perpetrators of the sexual intercourse crime on a child. This research was conducted using the normative legal research method. Based on the results of the research and discussion, the legal protection for children who are victims of criminal acts of intercourse is regulated in Law No. 35/2014. Children who are victims are given protection in the form of medical assistance, psycho-rehabilitation, the right to restitution, the right to compensation. Criminal sanctions against the perpetrator of the criminal act of child sexual intercourse in decision number 58 / Pid.Sus / 2015 / PN.Tab, the perpetrator was sentenced to 7 (seven) years in prison and a fine of 150,000,000.00. Seeing the perpetrator's actions were very cruel, robbing other people's honor, namely his own daughter, the punishment that should be given to the perpetrator is the maximum punishment. If the fine cannot be paid, the defendant's sentence will be increased to 6 (six) months.

scholarly journals Instilling Anti-Corruption Spirit Early on: An Sociological Juridical Review of Anti-Corruption Education that Grows among Students in the City of Semarang, Central Java

2019 ◽  
Vol 5 (1) ◽  
pp. 31-46
Author(s):  
Nindya Putri Edytya ◽  
Annisa Annisa
Keyword(s):  
Law Enforcement ◽  
White Collar Crime ◽  
Law Enforcement Officers ◽  
The Body ◽  
Bright Spot ◽  
Foreign Matter ◽  
Central Java ◽  
Corruption Perception ◽  
The Government ◽  
The City

White Collar Crime or Corruption is no longer a foreign matter in the government of the State of Indonesia. Like a culture that is rooted and continues to evolve, the problem of corruption in Indonesia has not yet found a bright spot, all the resources and efforts continue to be deployed to eradicate the already chronic disease in the body of this country. In 2018, the International Transparency Organization launched data on the Corruption Perception Index (CPI). Based on these data, Indonesia was ranked 89th with a score of 38. The government is well aware that this problem is no longer an ordinary problem, but has become an entrenched culture even to the line of life of the Indonesian people, this certainly requires us to work harder to eradicate this disease to its roots. Based on this, the author argues that in an effort to solve the problem of corruption is not enough if we only rely on law enforcement officers. There is another aspect that the writer values ​​are very important in fighting this problem, that aspect is education. Eradication of corruption in the aspect of education can be applied as a preventive step, namely by instilling the value of honesty and justice in the souls of students. Based on this, the author took the initiative to conduct a research with a sociological juridical approach in the city of Semarang, Central Java.

scholarly journals LEGAL PROTECTION ON CHILDREN AS A VICTIMS OF SEXUAL VIOLENCE BASED ON PROGRESSIVE LAW

2017 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Etik Purwaningsih
Keyword(s):  
Law Enforcement ◽  
Sexual Violence ◽  
Legal Protection ◽  
Secondary Data ◽  
Law Enforcement Officers ◽  
International School ◽  
Primary Data ◽  
Child Victims ◽  
Legal Obligations

Sexual violence happened to children are often occurred, after the emergence of sexual cases in Jakarta International School (JIS). It began to arise attention to child victims of sexual violence. This paper aims to provide a review of the protection on child victims of sexual violence at this time. With the sociological juridical method, the primary data were obtained from direct interviews with law enforcement officers, while secondary data were obtained from literature references. The result shows that the legal protection does not pay attention on children as victim. The legal protection for children as victim sexual violence is expected to give punishment to the criminals in the form of payment of compensation to the victim whose amount is determined in the court, or fulfillment of the obligation of the Local custom or legal obligations that live in society or social and mental rehabilitation. If the convicted person tries to avoid giving the compensation, the convicted person is not entitled to a reduction in the criminal term and does not get conditional released.

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