scholarly journals The Alternative Concepts of Blasphemy Law in Indonesia: Legal Comparison with Ireland and Canada

BESTUUR ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 17
Author(s):  
Loresta Cahyaning Lintang ◽  
Adriano Martufi ◽  
J.W. Ouwerker

<p>This study explores the future implementation of blasphemy law in Indonesia. This research suggests some recommendations for Indonesian blasphemy law by looking at different blasphemy policy options in Ireland and Canada. This research will focus on the principle of legal certainty. Legal certainty is an essential aspect for criminal law to avoid state arbitrariness and to have predictability. The results of this research indicate that some aspects of Indonesian blasphemy law may be reconstructed in five ways: expanding the protected religions to include the minority religions, defining explicit limitations, specifying <em>mens</em><em> </em><em>rea </em>element, measuring the ‘threat to public’ elements, and more professional law enforcement officers.  </p><p><strong><br /></strong></p><p><strong>Keywords:</strong> Blasphemy; Indonesia; Ireland; Canada; Comparative.</p>

Author(s):  
Сергей Александрович Грязнов

Несколько лет назад об идее обучения сотрудников правоохранительных органов посредством виртуальной реальности (VR) не могло быть и речи, прежде всего, из-за высокой стоимости данной технологии. Сегодня виртуальная реальность стала технически зрелой, затраты снизились, а технологии широко распространились по многим профессиям. Можно уверенно сказать, что правоохранительным органам нужны лидеры, обладающие навыками и компетенциями XXI в., выходящими за рамки традиционного обучения. Целью данной статьи является рассмотрение (на зарубежном примере) важности применения технологии виртуальной реальности для обучения сотрудников правоохранительных органов. Автором сделан вывод о том, что использование виртуальной реальности в обучении - это наиболее эффективный способ передачи информации. Данные технологии обучения можно использовать для безопасного повышения квалификации, чтобы в будущем избежать реальных рисков. A few years ago, the idea of training law enforcement officers through virtual reality (VR) was out of the question, primarily because of the high cost of this technology. Today, virtual reality has become technically mature, costs have decreased, and technology has spread widely across many professions. We can confidently say that law enforcement agencies need leaders with skills and competencies of the 21st-century that go beyond traditional training. The purpose of this article is to consider (on a foreign example) the importance of using virtual reality technology for training law enforcement officers. The author concluded that the use of virtual reality in training is the most effective way of transmitting information. These training technologies can be used for safe professional development in order to avoid real risks in the future.


2020 ◽  
Vol 1 (2) ◽  
pp. 35-39
Author(s):  
Efraim Mbomba Reda ◽  
I Nyoman Putu Budiartha ◽  
I Made Minggu Widyantara

Progressive law puts forward the sociology of law rather than legal certainty which is the focus of legal positivism. In Indonesia, this law was coined by Satjipto Rahardjo. This study aims to determine the formulation of progressive law in future criminal law, and to determine the actualization of the concept of progressive law in regulating corruption in Indonesia. The research method used is a normative legal research method with statute and conceptual approaches. The technique of collecting legal materials in this study is a descriptive method that aims to obtain the meaning of reality related to the problems to be discussed and solved in this study. The results show that in the current Criminal Code Bill, progressive law has been regulated, to be precise in Article 2 paragraph (1) and (2). Progressive law is also regulated in Law no. 48 of 2009 concerning Judicial Power. Then, the actualization of progressive law in regulating corruption in Indonesia is a judge with the powers that take into account the sociological context of society in making decisions. Judges, prosecutors and lawyers can certainly discuss together in eradicating corruption. Efforts are also being made to reconstruct and redefine the power of law enforcement. This arrangement can also encourage the KPK to be more progressive in eradicating corruption, as well as building law enforcers who have morality so that they can become role models and increase public participation, for example by forming NGOs in preventing or fighting corruption in various agencies.


Yuridika ◽  
2020 ◽  
Vol 35 (3) ◽  
pp. 533
Author(s):  
I Made Suarnawan

The legal vacuum associated with in absentia examinations can benefit corruptors. Unprofessional law enforcement officers can help the suspect by providing opportunities or facilities for the suspect to escape in order to suspend the investigation. In the event where the investigation is suspended for this reason, then there would be no legal certainty and fairness in the effort to recover the financial loss of the State. Article 38 of the PTPK Law only applies in the examination of cases without the presence of the defendant in the trial. In Absentia is a suspect or defendant whose whereabouts is not known, does not present for the examination of the case or whom cannot be forced to be present in the trial. The general philosophy of in absentia examination in corruption cases is that criminal acts of corruption are not justified, as they result in detrimental loss of the country's finances or economy. In the essence, in absentia examination is an effort to eradicate corruption in a serious or extraordinary manner because corruption is a serious crime and as an effort to recover the country's financial and economy loss.


Author(s):  
Dmitry Ovchinnikov

Currently, the economic sector of public relations is characterized by exceptional criminality. One of the main phenomena responsible for this is illegal money cashing. Almost every business entity considers it acceptable and even necessary to resort to various criminal schemes for obtaining unaccounted cash and tax evasion. The very type of this crime has actually become a thriving and profitable business, which consists in providing services for withdrawing funds from legal circulation. While the existing judicial and investigative practice in the issue of countering this phenomenon has not yet developed a clear answer about the need for appropriate qualifications. There are about a dozen articles of the criminal law in which law enforcement officers try to find the correct legal assessment, and at present, article 172 of the Criminal code of the Russian Federation “Illegal banking activities” deserves special attention.


2019 ◽  
Vol 9 (3) ◽  
pp. 1-22
Author(s):  
Claude H. Miller ◽  
Norah E. Dunbar ◽  
Matthew L. Jensen ◽  
Zachary B. Massey ◽  
Yu-Hao Lee ◽  
...  

Extant research indicates that professional law enforcement officers (LEOs) are generally no better than untrained novices at detecting deception. Moreover, traditional training methods are often less effective than no training at all at improving successful detection. Compared to the traditional training, interactive digital games can provide an immersive learning environment for deeper internalization of new information through simulated practices. VERITAS—an interactive digital game—was designed and developed to train LEOs to better detect reliable deception cues when questioning suspects and determining the veracity of their answers. The authors hypothesized that reducing players' reactance would mitigate resistance to training, motivate engagement with materials, and result in greater success at deception detection and knowledge. As hypothesized, LEOs playing VERITAS showed significant improvement in deception detection from the first to the second scenario within the game; and the low-reactance version provided the most effective training. The authors also compared various responses to the game between LEOs and a separate undergraduate student sample. Relative to students, findings show LEOs perceived VERITAS to be significantly more intrinsically motivating, engaging, and appealing as a deception detection activity.


2016 ◽  
Vol 47 (2) ◽  
pp. 185-204 ◽  
Author(s):  
Jacinta M. Gau ◽  
Erika J. Brooke

The present research evaluates recent changes to Florida law and policy to reduce problematic pain clinics (pill mills) and criminal diversion of prescription opioids. These changes entailed a multipronged effort linking regulatory and criminal-law approaches. Quantitative data from the Florida Department of Health and qualitative data from in-depth interviews with law-enforcement officers assigned to pill-mill taskforces reveal steep declines in pain clinics and pill mills. Respondents credit some regulatory enhancements for the reduction, although they describe some interagency cooperation problems and emphasize that despite success, many troublesome establishments continue to operate. The results suggest that Florida’s effort to reduce opioid diversion by tightening regulatory restrictions and law-enforcement scrutiny illustrates a multiagency approach to a problem spanning public health and criminal justice. This could be an example for other states seeking to combat problems that cannot be effectively addressed using regulatory or criminal law alone.


2021 ◽  
Vol 2 ◽  
pp. 41-44
Author(s):  
O.A. Galustyan ◽  
◽  
A.G. Solomatina ◽  

In this article, taking into account the latest scientific achievements in the development of artificial neural networks, the problem concerning the process of obtaining knowledge by future law enforcement officers in the context of the transition to other previously unknown methods and forms of artificial intelligence implementation, including in the educational process, is identified. Based on the analysis of the epistemological essence of knowledge and asking questions: how and what should be taught to future lawyers, what knowledge and skills they will need in the future, the authors offer their own interactive educational methods for obtaining knowledge at a higher level. To solve the identified tasks and achieve the goal, using general scientific and private methods of cognition, the article analyzes the opinions of scientists who support the positive dynamics of education with the use of artificial intelligence technologies, and opponents of this concept. Based on the results of scientific research and their own pedagogical experience, the authors criticize the process of education in which it is proposed to maximize the use of artificial intelligence, replacing the teacher and teacher, since students receive information without using the capabilities and abilities of the human brain, ignoring many effective methods of cognition, which negatively affects the assimilation of information, obtaining new knowledge and developing independent skills. The authors defend the position that in the process of education, a synergy of artificial and natural intelligences is necessary, otherwise many of a person’s cognitive abilities may be lost. Based on the conducted research, it is concluded that in the era of modern times, completely different standards and principles of education are needed. And, despite all the effectiveness of using artificial intelligence technologies, the task of teachers, first of all, is to teach future law enforcement officers to develop their own intelligence, their personal cognitive abilities.


Author(s):  
Peter Jeremiah Setiawan ◽  
Xavier Nugraha ◽  
Elma Putri Tanbun

The nature of law enforcement in resolving multi-dimensional information disputes has a logical consequence on the need for constructive law enforcement. This research aims to examine the forms of law enforcement that exist in resolving disputes over requests for public information and to formulate a constructive mechanism to realize a series of law enforcement procedures with legal certainty. This research is normative legal research using a statutory and conceptual approach. The results showed that law enforcement in the settlement of public information disputes consists of the objection, non-litigation adjudication, and litigation covering civil, state administration, and criminal law. In this case, The Criminal law instruments are placed as the final law enforcement if the relevant public agency does not carry out a decision that has permanent legal force. In addition, in the context of realizing comprehensive and constructive law enforcement, a Memorandum of Understanding was held between the Information Commission and the Police to synergize and effectively implement the criminal law as a final resort.


2019 ◽  
Vol 2 (2) ◽  
pp. 129-143
Author(s):  
Citra

Children are the next generation of the nation, the existence of children is very important because the child is a potential fate of the nation as well as a mirror attitude of life of the nation in the future. A child who is a superior seed and has the widest hope to prepare for his future as a milestone of success of a nation in the future should not fall in the world of evil. It is unfortunate that children at an early age have been involved in criminal offenses and past their youth behind bars, increasingly contaminated with other inmates. This research was empirical legal research, that is the research on the provisions of the legislation in the national law concerning restorative approach in the imposition of action sanctions against children in conflict with law in order to keep children away from imprisonment and negative stigma in society . Addressing the issue of a child in conflict with the law should be done in a familial approach and avoiding children from prison as much as possible. The sanction of action for the child contained in Article 82 of Law Number 11 of 2012 on Criminal Justice System for Children expected to prevent the child from the negative stigma in society and keep the children from bad effects of prison. Thus the current restorative model of punishment is more applicable in handling child offenders. It is expected that law enforcement officers to pay attention to the provisions of the rules that apply to children in conflict with the law in terms of imposition of more sanctions toward education and character development of children so that the threat of imprisonment becomes the last alternative in imposing sanctions for children


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