scholarly journals Law Enforcement of Right of Equality in Work for People with Disability: Evidence from Sleman, Indonesia

Rechtsidee ◽  
2016 ◽  
Vol 3 (2) ◽  
pp. 97
Author(s):  
Susilo Andi Darma
Keyword(s):  
Law Enforcement ◽  
People With Disability ◽  
The Law ◽  
Article 5 ◽  
Research Show

This research aims to understand the implementation of supervision law supervision toward Articles 5 and 14, and the law enforcement toward Article 28 of Law No.4 Year 1997 on People with Disability in Sleman Regency. Data are obtained through interviews and literature related to the problem. The results of this research show that the implementation toward article 5 and 14 are not yet effective and the law toward article 28 is not implemented yet in Sleman.

scholarly journals KEDUDUKAN ADVOKAT DALAM PASAL 5 UNDANGUNDANG NOMOR 18 TAHUN 2003 TENTANG ADVOKAT PERSPEKTIF HUKUM

JURISDICTIE ◽  
2017 ◽  
Vol 5 (2) ◽  
pp. 188
Author(s):  
Adib Khoirul Umam
Keyword(s):  
Law Enforcement ◽  
Islamic Law ◽  
Legal Theory ◽  
Secondary Data ◽  
Primary Data ◽  
High Quality ◽  
Positive Law ◽  
The Law ◽  
Article 5

<p>This study aims to determine how Islam views which in this case is limited only four schools of opinion about the position of an advocate as law enforcement. In Islam indeed advocates known as providers of legal bantuah namely Hakam, mufti and mashalih alaih that functions similar to advokat.Penelitian function is called normative research with descriptive methods comparative analysis between positive law and Islamic law, namely Law No. 18 2003 and scholarly opinion four schools as primary data. Secondary data were taken from books or books that explain the legal theory of primary data. Article 5 of Law No. 18 of 2003 on lawyers has been explained that the position of advocate parallel with other law enforcement such as judges, prosecutors and police. But in fact appear black advocates not to enforce the law but instead became mafias that sell traded equity law. For it will be studied how exactly Islam's view of the position of Advocates with the formulation of the problem sebegai follows, first how the views of Islamic law for the position of advocate in Article 5 of Law No. 18 of 2003 on advocates, who both like where the relevance of Islam's view of the position of advocate in enforcement law in Indonesia. From research conducted authors argue for their refisi against the law number 18 of 2003 on advocates. alignment between advocates and other law enforcement must be followed by the high quality of an advocate and supervision of the performance of lawyers in order to minimize the occurrence of fraud in practice in providing legal aid.</p><p>Penelitian ini bertujuan untuk mengetahui bagaimana pandangan Islam yang dalam hal ini hanya dibatasi pendapat empat madzhab tentang kedudukan advokat sebagai penegak hukum. Dalam Islam memang advokat dikenal sebagai lembaga pemberi bantuah hukum yaitu hakam, mufti dan mashalih alaih yang secara fungsi hampir sama dengan fungsi advokat. Penelitian ini disebut penelitian normatif dengan metode deskriptif analisis perbandingan antara hukum positif dan hukum Islam, yaitu undang-undang nomor 18 tahun 2003 dan pendapat ulama empat madzhab sebagai data primer. Data sekunder diambil dari kitab-kitab atau buku-buku teori hukum yang menjelaskan tentang data primer. Dari penelitian yang dilakukan penulis berpendapat perlunya adanya refisi terhadap undang-undang nomor 18 tahun 2003 tentang advokat. kesejajaran antara advokat dan penegak hukum lainya harus diikuti dengan tingginya kualitas seorang advokat dan pengawasan terhadap kinerja advokat agar bisa meminimalisir terjadinya penyelewengan dalam praktiknya dalam memberi bantuan hukum.</p>

scholarly journals Urgensi Saksi Pelaku yang Bekerjasama (Justice Collaborator) dalam Tindak Pidana Korupsi

2020 ◽  
Vol 1 (1) ◽  
pp. 179-185
Author(s):  
Ni Luh Made Dwi Pusparini ◽  
A. A. Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Law Enforcement ◽  
Social Life ◽  
Government Regulation ◽  
Legal Protection ◽  
The State ◽  
Major Influence ◽  
Criminal Sanctions ◽  
The Supreme Court ◽  
The Law ◽  
Article 5

The State of Indonesia appears as a State of Law meaning that State power is exercised according to applicable laws so the law applies to all aspects of social life that lead to the creation of an objective of the law. As a consequence of the weakness of the law in the State of Indonesia there are still a large number of crimes that are developing, including the criminal acts of corruption as one of organized crimes. Not only have corruption crimes developed in Indonesia but also in other countries. As a result, in tackling the emergence of the criminal acts of corruption, it is necessary to have perpetrators cooperating as witnesses with law enforcement authorities in terms of revealing the main perpetrators and others so it has a major influence on the corruption case. Using the normative legal research method, this research examines the urgency of regulating witnesses of collaborating perpetrators in a the criminal act of corruption and the criminal sanctions against witnesses of collaborating perpetrators in criminal acts of corruption. The results show that in positive Indonesian law there are regulations regarding Justice Collaborator in Government Regulation No 71 Article 5 Paragraph (2) of 2000 regulating the rights and legal protection of every witness, criminal reporter / witness who reports. Whereas judges’ considerations in imposing criminal sanctions on justice collaborators in the criminal acts of corruption which are based on Law No. 20 of 2001 related to Law No. 31 of 1999 concerning Eradicating Corruption Crimes and is contained in the Supreme Court Circular No. 4 of 2011 in specific actions regarding Criminal Sanctions namely providing relief in other forms of protection.

scholarly journals FUNCTION OF THE COMMISSION FOR THE SUPERVISION OF BUSINESS COMPETITION AND THE PROHIBITION OF MONOPOLY PRACTICES

2020 ◽  
Vol 1 (2) ◽  
Author(s):  
Berli Yudiansah
Keyword(s):  
Law Enforcement ◽  
Antitrust Law ◽  
Antimonopoly Law ◽  
The Law ◽  
Law Making ◽  
Research Show

Nowadays, the law enforcement of prohibition monopolistic practices by KPPU is quite effective. But it is cannot be done optimally. This is influenced by the limited authority possessed by KPPU as regulated in Law No. Law. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition or the Antitrust Law, making it difficult to enforce the law. The problem in this paper is how the KPPU functions in law enforcement prohibiting monopolistic practices. The method used in this paper is a method with a normative and empirical juridical approachThe results of the research show that to maximize the KPPU's function in carrying out their duties, it is necessary to make improvements to the Antimonopoly Law, such as the loading of the KPPU's authority and duties to make it clearer. The establishment of special regulations for KPPU that are more technical in the context of applying the substance of the Antimonopoly Law.

ORGANIZATIONAL AND FUNCTIONAL PROBLEMS OF THE STATE BUREAU OF INVESTIGATION AND WAYS OF THEIR SOLUTION

2017 ◽  
Author(s):  
Olexandr Berezhnyi ◽  
◽  
Bogdan Klimchuk ◽  
Arthur Litvinenko ◽  
◽  
...  
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Law Enforcement Agencies ◽  
Stable Law ◽  
Functional Aspects ◽  
Law Enforcement Agency ◽  
History Of ◽  
The Law ◽  
Article 5 ◽  
Functional Problems

The article examines the organizational and functional problems of the State Bureau of Investigation and suggests ways to solve them. The article analyzes the works of scientists who are devoted to the analysis of the law enforcement system of Ukraine. The paper also proposes the structure of a new law enforcement agency. The paper provides a comparative analysis of the structure and functions of the State Bureau of Investigation with other bodies of pre-trial investigation and operational-search activities of Ukraine. The experience of creation and functioning of similar law enforcement agencies in other countries of the world is considered. Attention is focused on the history of the implementation of a specialized law enforcement agency. The article proposes to improve the subject and subject jurisdiction of the State Bureau of Investigation. The author has formulated his own vision of solving the problems of the organization and functioning of the State Bureau of Investigation, taking into account international experience in organizing such law enforcement agencies and on the basis of constitutional principles according to which other pre-trial investigation bodies operate. It is proposed to amend the provisions of clause 1 of part 1 of article 5 of the Law of Ukraine "On the State Bureau of Investigation" so that those crimes that are committed by officials directly during the performance of their official duties are under investigation and it is concluded that the following improvement of the organizational and functional aspects of the activities of the State Bureau investigations based on the principles of legality, fairness, reasonableness and the rule of law will guarantee a stable law enforcement system, and hence a stable investment climate and a stable economic situation in the country.

scholarly journals COMPENSATION OF NON-PECUNIARY DAMAGE CAUSED BY UNLAWFUL OR UNJUSTIFIED RESTRICTION OF LIBERTY

2018 ◽  
Vol 2 (83) ◽  
pp. 85
Author(s):  
Aldis Kaļva
Keyword(s):  
Law Enforcement ◽  
Comparative Method ◽  
Civil Law ◽  
Criminal Proceedings ◽  
Existing Problems ◽  
Law Enforcement Agency ◽  
The Law ◽  
Compensation For Damage ◽  
Article 5

In this publication it was research non-pecuniary damages caused by law enforcement agency and its indemnification. As the goal of publication was set to discover and analyse the problem about non-pecuniary damages caused by law enforcement agency and its indemnification and to investigate whether the newly adopted law on Compensation for Damage Caused in Criminal Proceedings and Administrative violations eliminates pre-existing problems with indemnification of non-pecuniary damage caused by law enforcement agency. The raised aim was achieved. It was found, that law on Compensation for Damage Caused in Criminal Proceedings and Administrative Violations eliminates pre-existing problems when courts had problems determining the amount of compensation of non-pecuniary damages in accordance with Civil law article 5. However there are problems with fixed calculation of daily wages in the article 15. of the law on Compensation for Damage Caused in Criminal Proceedings and Administrative violations.The article uses the systemic, dogmatic and comparative method of studying and analyzing normative acts and court rulings.

scholarly journals EFEKTIVITAS SISTEM PERADILAN SEDERHANA, CEPAT, DAN BIAYA RINGAN DI LINGKUNGAN PERADILAN UMUM

2008 ◽  
Vol 8 (1) ◽  
Author(s):  
Pramono Sukolegowo
Keyword(s):  
Law Enforcement ◽  
Judicial Power ◽  
The Law ◽  
Article 5

Article 5 sentence ( 2) Law No. 4 Year 2004 concerning Judicial Power stated that the court help all searchers of justice and overcoming all barricade and resistance to reached the simple, quick, and light expense jurisdiction, so the system of judicature can be effective and efficient. There are some factors that influence the function of law in the society or make effectiveness of the law enforcement which are: substance of law, law enforcement, facility, and also society factor that the law environment applied. Keyword: Simple, quick, and Light Expense Jurisdiction

scholarly journals Analysis of The Implementation of The Equality Before the Law Principles Against the Perperators of Corruption in the Jurisdiction of the Criminal Court of Corruption at the Surabaya State Court of the Decision Number 119/Pid.Sus.TPK/2018/PN.Sby

2021 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Tinuk Dwi Cahyani ◽  
Yohana Puspitasari Wardoyo
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Criminal Court ◽  
District Court ◽  
State Court ◽  
Judicial Process ◽  
The Public ◽  
Law Enforcement Officials ◽  
The Law ◽  
Research Show

Corruption that still occurs a lot in Indonesia from year to year, even though it is shown in the perception index that has increased from year to year for the better, is still in a harmful situation for the country. At this time can observe, see and feel that law enforcement is in a position that is can not be trusted. The public questioned the performance of law enforcement officials in eradicating corruption, the spread of judicial mafia, violations of the law in assessing the APBN and APBD among bureaucracy. In 2018 the public was dumbfounded by the mass corruption committed by 41 members of the Malang City DPRD (Regional People's Representative Assembly) during 2018. Malang City is considered the ‘general champion' in the corruption category in the number of suspects. 6 of them have been tried at the Corruption Court at the Surabaya District Court and have been decided by the Panel of Judges as in Decision Number 119/Pid.Sus.TPK/2018/PN.Sby with different sentences. How is the application of the principle of equality before the law against perpetrators of Corruption in the jurisdiction of the corruption court at the Surabaya District Court against the Decision Number 119/Pid.Sus.TPK/2018/PN.Sby? The research method used is the normative legal research method. The results of the research show that the judicial process in handling corruption crimes is in accordance with the rules regarding the types of punishment in the Corruption Crime Court and meets the principle of equality before the law. Keywords: corruption; equality before the law; Malang

scholarly journals TINDAKAN CONTEMPT OF COURT DALAM PROSES PENYELESAIAN SENGKETA PERDATA DI INDONESIA DAN PERBANDINGANNYA DENGAN SINGAPURA

2021 ◽  
Vol 6 (2) ◽  
pp. 1
Author(s):  
Muhammad Ridwan Fadhly ◽  
Anita Afriana ◽  
Sherly Ayuna Putri
Keyword(s):  
Law Enforcement ◽  
Dispute Resolution ◽  
Secondary Data ◽  
Primary Data ◽  
Criminal Sanctions ◽  
Scientific Papers ◽  
The Law ◽  
Resolution Processes ◽  
Research Show ◽  
Civil Dispute

Contempt of Court behavior is rife in the process of resolving court disputes in Indonesia including civil disputes. Contempt of Court actions constitute an insult to the judiciary so that it is appropriate to be sanctioned as a deterrent eff ect. This study aims to determine the actions that can be qualified as a Contempt of Court in the settlement of civil disputes, as well as understanding the law enforcement of the Contempt of Court in the practice of dispute resolution in court and its comparison with Singapore. This study uses normative juridical methods. This method is carried out by examining library materials in the form of legislation, doctrine, and other scientific papers related to the Contempt of Court and interviews with sources to obtain primary data as a secondary data extras, which is then analyzed in a qualitative juridical analysis. The results of the research show that Civil Contempt actions in the practice of civil dispute resolution processes can be interpreted as any act done intentionally not in compliance with every summons, orders, decrees, warnings, or decisions issued by the court resulting in losses to parties who litigate and undermine the authority, dignity and honor of the court. Law enforcement against the actions of Civil Contempt of Court in Indonesia is still considered less eff ective when compared to Singapore. Singapore has included its arrangements in written rules governing the qualifi cations of actions and sanctions imposed. In addition to administrative and civil sanctions, criminal sanctions also apply in order to increase the effectiveness of enforcement of the Civil Contempt of Court.

scholarly journals CULTURAL DEVELOPMENTS IN ELECTRONIC LAW ENFORCEMENT IN CRIMINAL ACTS OF THEORY IN INDONESIA

2021 ◽  
Vol 7 (1) ◽  
Author(s):  
Yusep Mulyana
Keyword(s):  
Law Enforcement ◽  
Public Prosecutor ◽  
Electronic Information ◽  
Electronic Documents ◽  
Legal Evidence ◽  
Electronic Evidence ◽  
Electronic Transactions ◽  
The Law ◽  
Article 5 ◽  
Material Requirements

The culture of proving electronic evidence in law enforcement of criminal acts of terrorism in Indonesia is Law Number 11 of 2008 concerning Information and Electronic Transactions ("UU ITE") which provides a legal basis for the legal culture of electronic and formal evidence and material. requirements for electronic evidence to be accepted in court. Electronic Evidence is Electronic Information and/or Electronic Documents that meet the formal requirements and material requirements stipulated in the ITE Law. Article 5 paragraph (1) of the ITE Law stipulates that Electronic Information and/or Electronic Documents and/or their printouts are legal evidence. The implementation of the regulation of electronic evidence in law enforcement of criminal acts of terrorism in Indonesia is the use of evidence in the form of wiretapping and video recordings which were actually applied in the 2002 Bali Bombing Case. 1 of 2002 concerning the Eradication of Criminal Acts of Terrorism. Despite the controversy, the Public Prosecutor emphasized that the reading of the statements of witnesses from Malaysia and Singapore who were unable to attend the trial was legal because it was in accordance with the description of the evidence in the law. The same is regulated in the Law on Information and Electronic Transactions. Article 5 states that electronic information and/or printed electronic information are legal evidence and have legal consequences. Of course, electronic information is declared valid if it uses an electronic system in accordance with the applicable laws and regulations.

scholarly journals PENGENDALIAN PEREDARAN GELAP NARKOTIKA OLEH NARAPIDANA DARI DALAM LEMBAGA PEMASYARAKATAN (LAPAS)

2015 ◽  
Vol 4 (3) ◽  
Author(s):  
I Gede Artha ◽  
I Wayan Wiryawan
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Operation Mode ◽  
Drug Smuggling ◽  
Case Investigation ◽  
Ethic Code ◽  
Enforcement Officer ◽  
The Law ◽  
Coordination Function ◽  
Research Show

Drug smuggling by high and sophisticated operation mode recently was able reach theprisoner which is as society prison status. Law enforcement officer especially the police inconducted their function as law enforcement to the prisoner that involved in drug smuggling,in disclosure and sttlement their case (investigation step) did not easy because the prisonerwas a society in prison encironment. There are two problem in this research : 1. why theconected and correlated of the legal system for drug ? 2. Why the drug smuggling is highoperation by the prisoner which is as society prison status and to up from in the prison ?The result of this research show that the law enforcement to the doer drug smuggling bythe law enforcer. Should faced ethic code profesion society, there for it was impossible forthe law the optimize of law enforcement by law enforcer to the doer of drug smuggling inprisoner society such as intern and extern efforts, where the intern effort include increasethe coordination function and cooperation between the law enforcement especially with theprison officers.

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