scholarly journals Penerapan Sanksi dalam Meminimalisir Kejahatan Anak Ditinjau dari Undang-undang Nomor 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak

FENOMENA ◽  
2018 ◽  
Vol 10 (2) ◽  
Author(s):  
Abnan Pancasilawati ◽  
Muhamad Noor
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Social Integration ◽  
Restorative Justice ◽  
Law Enforcement Officers ◽  
Legal Culture ◽  
The Other ◽  
Legal Structure ◽  
The Law

The implementation of legislation either nationally or internationally linked to the implementation of restorative justice as one of the alterntif in the process of implementation of conviction against children in conflict with the law had been applied, but the case has not yet been thoroughly and still limited at the law enforcement officers and observers who are committed and integrity as well as having the attention to this problems. The implementation of restorative justice which is applied at each level of the process of criminal justice in the form of taking back the children to their parents, versioned by handing the children to Panti Sosial Marsudi Putra (PSMP), and the implementation of social integration through giving CB, CMB, and PB for children who are already serving imprisonment. Some obstacle factors the implementation of restorative justice as one of the alternatives in the implementation of conviction against children in conflict with the law, including physical building facilities and non-physical facilities and legal substance. It is because restorative justice has not been expressly regulated, even though in the law nomer 11, 2012 concerning about the Child Criminal System has been regulated but until now it has not been declared valid. The other factors are legal structure and legal culture.

scholarly journals NAWACITA AND THE LAW ENFORCEMENT OF CIVIL STATE APPARATUS IN CONSTITUTIONAL LAW PERSPECTIVES IN INDONESIA

2017 ◽  
Vol 4 (2) ◽  
pp. 201
Author(s):  
Jawade Hafidz
Keyword(s):  
Law Enforcement ◽  
Constitutional Law ◽  
Law Enforcement Officers ◽  
Legal Culture ◽  
Legal Structure ◽  
Presidential Decree ◽  
Key Factor ◽  
The Law ◽  
The Government ◽  
Substantive Law

“Nawacita” and Constitutional Law needs to be a legal approach to make improvements to the legal system, in order to encourage enforcement of the law with justice, then at least have to involve three pillars consisting of: (1) the substantive law (legal substance), which include legislative reform; (2) legal structure (law structure), including human resources law-enforcement officers (human resource), entered in it anyway coordination among law enforcement officers; and (3) the legal culture (legal culture), both culture and public law enforcement officers or citizens in general.Then, constitutional law and can be answered correctly, can be practiced within their Constitutional Act and may be unenforceable government in running the government. The key factor to keep in mind is eliminating ego-sectoral government agencies. Do not stop until the Act, a similar effort was also made to the laws which are in the executive area, such as government regulations, a presidential decree and ministerial regulation

scholarly journals Pembatalan Perkawinan dan Akibat Hukumnya: Studi Putusan Nomor 1384/Pdt.G/2013/PA Mks

2020 ◽  
Vol 1 (1) ◽  
pp. 145-161
Author(s):  
Husaima Husaima ◽  
Ma’ruf Hafidz ◽  
Hasbuddin Khalid
Keyword(s):  
Law Enforcement ◽  
Consumer Protection ◽  
Legal Protection ◽  
Legal Culture ◽  
Legal Structure ◽  
The Law

Penelitian ini bertujuan untuk mengetahui dan menganalisis bentuk perlindungan hukum bagi konsumen terhadap perusahaan leasing yang melakukan perbuatan melawan hukum. Serta menganalisis faktor-faktor efektivitas yang mempengaruhi penegakan hukum bagi perlindungan konsumen terhadap perusahaan leasing yang melakukan perbuatan melawan hukum. Hasil yang diperoleh penulis dalam melakukan penelitian ini adalah Perlindungan Konsumen terhadap perusahaan Leasing yang melakukan perbuatan melawan hukum terbagi menjadi dua yakni bentuk preventif dan represif. Penegakan hukum sengketa konsumen tidak lepas dari tiga faktor yaitu Substansi Hukum, Struktur Hukum dan Kultur Hukumnya yang mempengaruhi keberhasilan prosesnya. Adapun diantaranya ialah ketentuan yang kontradiktif dan rumusannya tidak jelas serta tegas, terlalu banyak peranan lemabaga yang terlibat dalam penegakan hukum UUPK,  tidak adanya pedoman operasioanl, dan pelaku usaha tidak melaksanakan putusan BPSK dengan sukarela. This study aims to determine and analyze the form of legal protection for consumers against companies leasing that commit acts against the law. As well as analyzing the factors that influence law enforcement for consumer protection agains tcompanies leasing that commit acts against the law. The results obtained by the author in conducting this research are consumer protection against companies leasing that commit acts against the law is divided into two, namely preventive and repressive forms. Law enforcement of consumer disputes cannot be separated from three factors, namely Legal Substance, Legal Structure and Legal Culture which affect the success of the process. Among them are contradictory provisions and the formulation is not clear and firm, there are too many roles of institutions involved in UUPK law enforcement, there are no operational guidelines, and business actors do not voluntarily implement BPSK decisions.

scholarly journals The Role of Legal Culture in Corruption Eradication Effort (A Comparative Study of Indonesian and Japanese Corruption Crime Handling)

2019 ◽  
Vol 3 (1) ◽  
pp. 25-34
Author(s):  
Laely Wulandari ◽  
Lalu Parman
Keyword(s):  
Law Enforcement ◽  
Comparative Study ◽  
Significant Role ◽  
Law Enforcement Officers ◽  
Legal Culture ◽  
The Other ◽  
The One ◽  
Strong Culture ◽  
Eradication Effort

In a comparative study of Eradicating Corruption in Indonesia and Japan appears that law culture plays a significant role. Indonesia has special institution that deals with corruption while Japan does not have it. Nevertheless, cases of corruption in Indonesia are higher than in Japan. This is due to the Indonesian culture of ewuh pakewuh, reluctant, and has two different views in dealing with corruption. On the one hand, Indonesia rejects corruption, but on the other hand, it commits actions that support corruption. Meanwhile, Japan has a strong culture of shame for committing law violations both at the community level and law enforcement officers.  

scholarly journals KENDALA DALAM PELAKSANAAN PENEGAKAN HUKUM TERHADAP PRAKTIK PARANORMAL SEBAGAI TINDAK PIDANA

2018 ◽  
Vol 1 (1) ◽  
pp. 1908
Author(s):  
Yusi Permatasi ◽  
Yuwono Prianto
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Legal Structure ◽  
The Law

In Society, Paranormal practices is considered as common things. Paranormal Practices is used for any good and also for crime, so to cope with the activities, government had regulated the act to control the crime by using paranormal background. The paranormal practices have been included as criminal acts. It has regulated in article 545 and article 546 of the criminal law act and set on as supernatural powers activity. As time passes, there are constraint in the alleviation law it’s law enforcement. This research was done with empirical or law sociological point of view, where Lawrence M. Friedman state that the elements of the legal system consist of Legal Structure, Legal Substance, and Legal Culture. The result of this research is the paranormal practices are differentiate by it used which is good or bad. The bad paranormal practices cause loss for society. This gave rise to uncertainty of law enforcement on the paranormal practices, therefore it need a deep research which is not only from the law enforcement point of view, but also the religious and cultural represented by figure.

scholarly journals AKTUALISASI PANCASILA SEBAGAI LANDASAN POLITIK HUKUM INDONESIA

2015 ◽  
Vol 91 ◽  
Author(s):  
Derita Prapti Rahayu ,
Keyword(s):  
Social Justice ◽  
Legal Culture ◽  
The Other ◽  
National Integration ◽  
Legal Structure ◽  
The Law ◽  
Law And Legislation

<h4>Abstract</h4> <p><strong><em> </em></strong></p> <p><em>Pancasila is a major cornerstone in the making of law (law and Legislation) with a new or replacement of laws (political law), so that the values of the Deity, Humanity and Society (nationalistic; democratic; social justice) must be actualized into the substance of the law, the legal structure and legal culture to be built, is expected to strengthen national integration, democratization of law, achieve prosperity and social justice by putting Pancasila, ranging from values, goals until the actualization of the various fields of existing law, whether criminal, civil, administrative and the other, as well as the internalization of the structures of law and legal culture of Pancasila.</em><em> </em></p> <p><strong>Keyword</strong><em>s : Actualization, Pancasila, Politics of Law</em><em> </em></p> <p><em> </em></p> <h3>Abstrak</h3> <p><strong> </strong></p> <p>Pancasila merupakan landasan utama dalam pembuatan hukum (Peraturan Perundang-Undangang) baru maupun dengan penggantian hukum lama (politik hukum), sehingga nilai-nilai Ketuhanan, Kemanusiaan dan Kemasyarakatan (nasionalistik; demokratik; berkeadilan sosial) harus teraktualisasi kedalam substansi hukum, struktur hukum maupun kultur hukum yang akan dibangun, diharapkan dapat menguatkan integrasi bangsa, demokratisasi hukum, tercapainya kesejahteraan dan keadilan sosial dengan menempatkan Pancasila, mulai dari nilai, tujuan sampai dengan aktualisasi kepada berbagai bidang hukum yang ada, baik hukum pidana, perdata, tata usaha negara dan lain-lain, serta internalisasi pada struktur hukum dan budaya hukum Pancasila.</p> <p><strong>Kata Kunci : </strong>aktualisasi, Pancasila, Politik Hukum</p>

scholarly journals Pendekatan dalam Penanganan Sengketa Pilkada Menunjang Kinerja Kepolisian dalam Pelaksanaan Tugas Sebagai Pelindung, Pengayom dan Pelayan Masyarakat

2018 ◽  
Author(s):  
husain kasim
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Police Officers ◽  
Justice System ◽  
Descriptive Analysis ◽  
Mass Violence ◽  
Basic Law ◽  
The Law

This study aims to: 1) knowing the basic law enforcement restorative justice approach in handling criminal acts riots, 2) to know how to implement a restorative justice approach and the factors that influenceThe experiment was conducted at the Police Resort Ternate, North Maluku province, with a population of security officers who work directly handling and protection against acts of mass violence with less sampling as many as 50 people through random sampling techniques. Data were collected by questionnaire and interview techniques. Data analysis was performed using qualitative descriptive analysis and interpretation.The results showed that: 1) The perpetrator of criminal acts of rioting should be avoided from the formal criminal justice system. The best solution that must be done is through the act of diversion (transfer) the completion of its case outside the criminal justice system, but there is no definite legal basis for implementing diversion measures in addition to referring to the Law 2 of 2002, which only specifies that police officers have the authority of police discretion. 2) Treatment of the criminal action in a dispute over the election unrest in North Maluku, which was held on Sat. Criminal Police Ternate is through mediation. This means that the principle of restorative justice has been implemented on Sat. Criminal Police Ternate, however, efforts to address criminal acts there are influences from the substance of the law, law enforcement officers, legal culture of society and their own community.

scholarly journals Law Enforcement against Children's Criminal Action Based On Law Number 11 of 2012 Concerning Children Criminal Justice Systems

2020 ◽  
Vol 8 (06) ◽  
pp. 226-235
Author(s):  
Feddy Hantyo Nugroho ◽  
Rodliyah ◽  
Amiruddin
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Restorative Justice ◽  
Criminal Law ◽  
Justice System ◽  
Normative Study ◽  
Criminal Sanctions ◽  
Criminal Justice Systems ◽  
Objective Interpretation ◽  
The Law

This research was conducted to analyze and find out how criminal law policy is in the effort to apply criminal sanctions against children facing the law in terms of Law No. 11 of 2012 concerning the Criminal Justice System for Children and whether the concept of Diversity can be applied in the process of law enforcement against children involved in Narcotics Crimes. This research is a normative study, to analyze the legal material related to the problem under study, the author uses the Interpretation, Subjective and Objective Interpretation instruments, after that the authors process these legal materials by deductive thinking. The results obtained from the study that the drafting of Law Number 11 of 2012 is a replacement to Law Number 3 of 1997 concerning juvenile justice conducted with the aim of establishing a judiciary that truly guarantees the best protection of the interests of children facing the law as nation's next generation. The concept of Restorative Justice is one of the important things in Law Number 11 of 2012 where restoring the situation as it used to be the main goal and also no less important is the form of criminal sanctions that can be imposed on Children where criminal sanctions that are harsh and miserable are used as ultimum Remedium is not as a premium remedium especially as a maximum remedium. The concept of diversion that should be applied in Indonesia in the future, should be a combination of the concept of diversion that is applied in Australia, namely Police Diversion which is combined with the process of handling cases with the diversion prevailing in Indonesia today.

scholarly journals PROBLEMATIKA PENEGAKAN HUKUM DAN NAWACITA JOKOWI-JK DALAM PERSPEKTIF HUKUM TATA NEGARA DI INDONESIA

Yustitia ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 90-107
Author(s):  
Sugianto Sugianto
Keyword(s):  
Law Enforcement ◽  
Constitutional Law ◽  
Law Enforcement Officers ◽  
Legal Culture ◽  
Public Law ◽  
Legal Structure ◽  
Presidential Decree ◽  
Key Factor ◽  
The Government ◽  
Substantive Law

“Nawacita” and Constitutional Law needs to be a legal approach to make improvements to the legal system, in order to encourage enforcement of the law with justice, then at least have to involve three pillars consisting of: (1) the substantive law (legal substance), which include legislative reform; (2) legal structure (law structure), including human resources law-enforcement officers (human resource), entered in it anyway coordination among law enforcement officers; and (3) the legal culture (legal culture), both culture and public law enforcement officers or citizens in general. Then, constitutional law and can be answered correctly, can be practiced within their Constitutional Act and may be unenforceable government in running the government. The key factor to keep in mind, eliminating egosektoral government agencies. Do not stop until the Act, a similar effort was also made to the laws which are in the executive area, such as government regulations, a presidential decree and ministerial regulation

scholarly journals The Existence and Legal Problems of Pak Ogah in Indonesia

FIAT JUSTISIA ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 33
Author(s):  
Adhi Putra Satria
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Law Enforcement Officers ◽  
Legal Culture ◽  
Primary Data ◽  
Work Safety ◽  
Legal Structure ◽  
Road Users ◽  
Legal Problems ◽  
Main Factors

Pak Ogah is a citizen, either an individual or a group that participates in regulating traffic order in the hope of being rewarded by road users who will pass or turn around at intersections in major cities in Indonesia. In this study, the issues will be presented that factors influence the emergence of Pak Ogah, and what legal problems arise from the phenomenon. The method used in this study is a qualitative research method with a juridical-empirical approach which uses facts in the field as the primary data. The results of the study stated that the emergence of the phenomenon of Pak Ogah was caused by three main factors, namely the legal substance, legal structure (law enforcement officers), and the legal culture of the Indonesian people. Furthermore, the problem arising from the phenomenon is that there is no legal guarantee and work safety for the protection of Pak Ogah if an accident occurs when regulating traffic order.

scholarly journals Legal Review Enforcement Repressive Legal Efforts Against Narcotics Users Of Children

2021 ◽  
Vol 1 (2) ◽  
pp. 1
Author(s):  
Alfredo Risano ◽  
Ayu Dian Ningtias
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Criminal Law ◽  
Justice System ◽  
Legal Basis ◽  
Original State ◽  
Legal Remedies ◽  
The Law

 In terms of enforcement the law. Second, legal instruments in the framework of criminal law enforcement abuse of narcotics against minors using a legal basis Law Number 11 of 2012 concerning the Criminal Justice System for Children. In the the provisions of the SPPA Law, in order to prosecute children who are involved with the law, then a diversion effort is carried out, namely a restorative effort or recovery state solve the problem together, in this research is focous about How are repressive legal measures against child narcotics users in under age?. As previously explained, in act Number 11 In 2012 concerning the Juvenile Criminal Justice System, there is a restorative principle (Restorative justice), which is aimed at restoring the original state, meaning efforts to restore the attitudes and mentality of children who have committed acts the crime of narcotics abuse to be as before or as a cure for the criminal act he has committed. Of course, the provisions of the Narcotics Law are not sidelined even though his repressive legal remedies are based on the provisions of law SPPA.

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