scholarly journals PROFESIONALISME POLISI DALAM PENEGAKAN HUKUM

2011 ◽  
Vol 11 (3) ◽  
Author(s):  
Agus Raharjo ◽  
Angkasa Angkasa

Violence is often done by police in the investigation to get a confession the suspect. This behavior has become a habit that can be referenced from various research results, which are caused by lack of supervisory agency investigation, an incomplete legal instruments, the protection of the institution, and the unprofessional attitude of the police. This situation causes no chance to fight for a suspect his rights and the perpetrators of violence inaccessible. Professionalism associated with standardized moral issues into the code of conduct, and any violation of ethics code indicates a problem in the body of moral police. There should be a moral improvement in the investigator for investigation can take place properly and correctly according to expectations. Key words: police violence, investigation, criminal justice system, code of conduct

2020 ◽  
Vol 44 (2) ◽  
pp. 87-97 ◽  
Author(s):  
Robert O Motley ◽  
Yu-Chih Chen ◽  
Carnayla Johnson ◽  
Sean Joe

Abstract The prevalence of community-based violence (CBV) exposure among black American male emerging adults ages 18 to 25 with a history of involvement with the criminal justice system is a major public health concern. Although exposure (whether as victim or witness) to CBV is linked with negative outcomes, empirical research examining black men’s negative emotional responses to seeing videos of real-life incidents of CBV on social media is scant. To address these identified concerns and make recommendations for future research, the present study examines the relationship between seeing videos of CBV on social media and three types of negative emotional responses (that is, feeling sad, angry, and fearful) prior to incarceration among a sample of 101 black men detained in a midwestern jail. Social media use and seeing videos of CBV on social media were moderately high for study participants. Seeing a video involving police violence was significantly associated with an increase in the odds of feeling sad, angry, and fearful. Social media research is an emerging area that has the potential to advance our understanding of the impact of seeing social media videos of police violence on the well-being of black men and factors that mediate or moderate this relationship.


2020 ◽  
Vol 16 (28) ◽  
Author(s):  
Idowu Owoeye ◽  
David Kiiru ◽  
Jedidah Muli

The knowledge, skills, and abilities constituting employee characteristics are often described as the capacity needed by a firm to attain competitive advantage which in turn occasions performance outcomes at various firm’s levels. While evidence of significant and insignificant relationships between ability-enhancing practices and performance outcomes at firm’s levels has been registered across organisational contexts in human resource management literature, such evidence remains limited and anecdotal in the context of criminal justice system in Nigeria. Using a survey data from 321 police officers, this study investigated the interactional effect of justice perception on the relationship between ability-enhancing practices and performance of police force in Nigeria. The study adopted both descriptive and explanatory designs, and the study instruments were adapted. The validity and reliability of the study instruments were determined via Principal Component Analysis, and thereafter data collected were analysed employing both descriptive and inferential statistical methods with the aid of analytical tool of Statistical Package for Social Sciences. The moderating effect of justice perception was established using PROCESS macro and the results were interpreted using Baron and Kenny’s (1986) approach for determining mediation effect. The results of the analysis revealed that the performance of police force in Nigeria was predicted by composite construct of ability enhancing practices, and the relationship was completely moderated by justice perception. The results also revealed significant effects of rigorous recruitment and selection, and coaching on performance of police force, however, insignificant effects of job rotation and mentoring practices were found with performance of police force in Nigeria. The study contributes to the body of empirical knowledge that individual’s perception of fairness of the implemented organisational systems to enhance employee knowledge, skills, and abilities is vital to the attainment of favourable performance outcomes. The institution of Criminal Justice System can leverage on the findings of this study to improve human capital development so as to attain desired performance outcomes.


2019 ◽  
Vol 12 (1) ◽  
pp. 1
Author(s):  
Imran Imran

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. 


2015 ◽  
Vol 35 (5/6) ◽  
pp. 290-305 ◽  
Author(s):  
Philip Whitehead

Purpose – The criminal justice system in England and Wales is being reconstructed on a new operating platform of which Payment by Results (PbR) is the material signifier. This critical historic transformation is occurring during a period of radical economic disruption and political restructuring after 2007-2008. PbR signals the deeper penetration of the core principles of capitalism into the body of the state and its welfare and criminal justice system. Conceptually a Lacanian-Žižekian framework is put to work to theorise these important transformations. The paper aims to discuss these issues. Design/methodology/approach – The design and methodology of this research paper utilises open sources and documentary materials on the development of PbR, in its application primarily to the criminal justice system. Findings – There is evidence that PbR, located within the wider context of capitalist reconstruction, is radically transforming the delivery of criminal justice services. Originality/value – This is the first critical analysis of PbR located within the context of late modern capitalism.


2021 ◽  
Author(s):  
Maia Fujimoto

This paper presents a literature review on restorative justice, immigration detention and alternatives to detention. I propose that a restorative justice approach and practices could be taken into consideration when developing ATD programs in Canada as well as for addressing current issues that surround immigration detention. Restorative justice is a process to involve, to the extent possible, those who have a stake in a specific offence and to identify and address harms, needs and obligations collectively, with the objective to ‘heal’ and put things as right as possible (Zehr, 2015). There is a research gap in the field of restorative justice and immigration in general. Restorative justice traditionally aligns itself with the criminal justice system but has potential to be applied to many areas and its application to immigration issues is a relatively new area. As these concepts can provide for a new approach towards reconciling issues involving victims and offenders outside of criminal justice, an argument can be made that there is potential for the implementation of restorative justice to have value within immigration detention. Key Words: Restorative Justice, Alternatives to Detention, Immigration detention, Canada


2019 ◽  
Vol 16 (3) ◽  
pp. 337-357
Author(s):  
Antje Deckert

A growing body of research investigates women’s experiences within New Zealand’s criminal justice system, and several studies have addressed the misrepresentation of crime’s reality in news media. However, the discriminatory depiction of Indigenous women offenders in New Zealand’s press has yet to receive scholarly attention. Indigeneity and gender are both critical factors because Māori women constitute the fastest growing segment of New Zealand’s prison population, and media discourses help shape public consent to penal policies. To address this research gap, New Zealand newspaper articles featuring women offenders were collected over a 2-year period (2016–2018) and analysed for their use of neutralization and exacerbation techniques. The findings reveal that New Zealand newspapers distort our understanding of who is most affected by the criminal justice system and what crimes Pākehā1 and Māori women typically commit. Most importantly, stories about Pākehā women were more likely to use a favourable tone (56.5%), while stories about Māori women were more likely to take on an unfavourable tone (83.3%). Finally, motherhood, as an additional exacerbating factor, was mentioned nearly twice as often for Māori women. This article adds to the body of knowledge on the portrayal of Māori people in the media, linking it to public consent to governmental policies.


2021 ◽  
Author(s):  
Maia Fujimoto

This paper presents a literature review on restorative justice, immigration detention and alternatives to detention. I propose that a restorative justice approach and practices could be taken into consideration when developing ATD programs in Canada as well as for addressing current issues that surround immigration detention. Restorative justice is a process to involve, to the extent possible, those who have a stake in a specific offence and to identify and address harms, needs and obligations collectively, with the objective to ‘heal’ and put things as right as possible (Zehr, 2015). There is a research gap in the field of restorative justice and immigration in general. Restorative justice traditionally aligns itself with the criminal justice system but has potential to be applied to many areas and its application to immigration issues is a relatively new area. As these concepts can provide for a new approach towards reconciling issues involving victims and offenders outside of criminal justice, an argument can be made that there is potential for the implementation of restorative justice to have value within immigration detention. Key Words: Restorative Justice, Alternatives to Detention, Immigration detention, Canada


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