The Law Enforcement Surveillance Reporting Gap

2011 ◽  
Author(s):  
Christopher Soghoian
Keyword(s):  
Law Enforcement ◽  
The Law

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

Influential Factors in The Law Enforcement Process of Sexual Violence Cases in Children in The City of Semarang

SOEPRA ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 4
Author(s):  
Liya Suwarni
Keyword(s):  
Law Enforcement ◽  
Sexual Violence ◽  
Medical Record ◽  
Child Protection ◽  
Influential Factors ◽  
Medical Record Data ◽  
Violence Against Children ◽  
Record Data ◽  
The Law ◽  
The City

Background. Cases of sexual violence increase every year, victims ranging from adolescents, children to toddlers. Based on data from the Indonesian Child Protection Commission, abuse and violence against children in Indonesia in 2013 were 23 cases, in 2014 there were 53 cases, in 2015 there were 133 cases, 2017 reached 1,337 cases, and as of July 2018 there were 424 cases. Purpose. Knowing the factors that influence the law enforcement process of sexy violence cases in Semarang City. Method This study uses descriptive analytical methods for cases of violence against children, based on medical record data in hospitals, documents in Mapolrestabes, the District Attorney's Office and the Semarang City Court for the period of January 2015 to December 2018. Results. Based on research results obtained 213 experimental cases section from medical record data in hospitals in the city of Semarang. Most cases of child abuse occurred in 2018 with 72 cases. Most victims are 12-14 years old age group, female. Most types of cases are cases of intercourse. The majority of violations are persons known as victims, perpetrators not working, and most of the places of occurrence are in the defendant's house. At the time of prosecution and trial, the number of cases was significantly reduced to only 8 cases. Factors related to this include lack of evidence, difficulty in obtaining information from victims, convoluted statements of coverage, lack of election, and obtaining diversion rates. Conclusion Cases of sexual violence have increased from year to year. The process of law enforcement on this problem still has many difficulties in each manufacturing process which is still difficult to overcome.

The Use of Lethal Force by Military Forces on Law Enforcement Operations — is There a ‘Lawful Authority’?

2009 ◽  
Vol 37 (3) ◽  
pp. 441-469 ◽  
Author(s):  
Rob McLaughlin
Keyword(s):  
Law Enforcement ◽  
Difficult Situation ◽  
Lethal Force ◽  
Military Forces ◽  
Bona Fide ◽  
The Law ◽  
Commander In Chief ◽  
Peace Officer

Now a person, whether a magistrate, or a peace-officer, who has the duty of suppressing a riot, is placed in a very difficult situation, for if, by his acts, he causes death, he is liable to be indicted for murder or manslaughter, and if he does not act, he is liable to an indictment on an information for neglect; he is, therefore, bound to hit the precise line of his duty: and how difficult it is to hit that precise line, will be a matter for your consideration, but that, difficult as it may be, he is bound to do. R v Pinney (1832) 5 Car & P [254], [270] (Littledale J). A soldier is bound to obey any lawful order which he receives from his military superior. But a soldier cannot any more than a civilian avoid responsibility for breach of the law by pleading that he broke the law in bona fide obedience to the orders (say) of the commander-in-chief. Hence the position of a soldier is in theory and may be in practice a difficult one. He may, as it has been well said, be liable to be shot by a court-martial if he disobeys an order, and to be hanged by a judge and jury if he obeys it. A V Dicey, Introduction to the Study of the Law of Constitution (10th ed, 1959) 303.

Soft Law Enforcement in the Nigerien Gendarmerie

2017 ◽  
Author(s):  
Mirco Göpfert
Keyword(s):  
Law Enforcement ◽  
Soft Law ◽  
The Law ◽  
The Republic

This chapter explores how gendarmes in the Republic of Niger, notwithstanding their aspiration for popular legitimacy, try to justify their actions, not to others, but to themselves. Civilians bring the stories of their problems to the gendarmes’ attention in the form of complaints. Whether a complaint turns into a case, and thus whether the gendarmes become active, depends on their appreciation of the complainant’s story and whether their ‘vocational ear’ is attuned to this story; and their vocational ear functions much more in terms of the material and moral gravity of the alleged offence, not in terms of the law.

scholarly journals Selling international law enforcement: Elite justifications and public values

2020 ◽  
Vol 7 (3) ◽  
pp. 205316802095678
Author(s):  
Melissa M. Lee ◽  
Lauren Prather
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Public Support ◽  
International Order ◽  
Third Party ◽  
Public Values ◽  
Norm Enforcement ◽  
The Usa ◽  
The Law ◽  
Order Increase

International law enforcement is an understudied but indispensable factor for maintaining the international order. We study the effectiveness of elite justifications in building coalitions supporting the enforcement of violations of the law against territorial seizures. Using survey experiments fielded in the USA and Australia, we find that the effectiveness of two common justifications for enforcement—the illegality of a country’s actions, and the consequences of those actions for international order—increase support for enforcement and do so independently of two key public values: ideology and interpersonal norm enforcement. These results imply elites can build a broad coalition of support by using multiple justifications. Our results, however, highlight the tepidness of public support, suggesting limits to elite rhetoric. This study contributes to the scholarship on international law by showing how the public, typically considered a mechanism for generating compliance within states, can impede or facilitate third-party enforcement of the law between states.

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