scholarly journals MENGKAJI KEMBALI POSISI KORBAN KEJAHATAN DALAM SISTEM PERADILAN PIDANA

2016 ◽  
Vol 28 (1) ◽  
pp. 33 ◽  
Author(s):  
Rena Yulia
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Judicial Process ◽  
Left Behind ◽  
Bodily Injury ◽  
Victims Of Crime ◽  
The Law ◽  
The Moment ◽  
The One

Victims of crime is the one suffer either a bodily injury or a mental injury, or both of them in a crime. At the moment, the legal tratment of the victims of crime is not worth the legal treatment of the offender. The victims tend to be left behind in the law enforcement process as the victims cannot be directly involved in the judicial process to defent their rights. The state through the general prosecutor, took charge of such rights. The prosecution to represent the victims in the judicial process and provide protection interests of the victim. Korban kejahatan merupakan pihak yang menderita kerugian baik secara fisik, psikis maupun materiil ketika terjadi sebuah kejahatan. Namun perlindungan hukum terhadap korban kejahatan tidak sebanding dengan perlindungan terhadap pelaku. Bahkan korban cenderung menjadi pihak yang terabaikan dalam proses penegakan hukum. Korban tidak dapat menjadi pihak sebagaimana pelaku. Korban tidak terlibat langsung dalam proses peradilan untuk membela hak-haknya. Negara mengambil sebagian hak korban untuk melakukan penuntutan, kemudian menugaskan jaksa penuntut umum untuk melakukan penuntutan. Dengan diserahkannya hak-hak korban dalam penuntutan maka penuntutan yang dilakukan harus melindungi kepentingan korban.

Indian Democracy and the ‘Moment of Contradiction’

2018 ◽  
pp. 310-362
Author(s):  
Anushka Singh
Keyword(s):  
Law Enforcement ◽  
Liberal Democracy ◽  
The State ◽  
Nuclear Movement ◽  
Dominant Discourse ◽  
The Law ◽  
The Moment ◽  
The Relationship ◽  
Communal Politics

The sixth chapter theorizes the patterns emerging in the working of the law of sedition in India by identifying specific themes along which the law has been used. It focuses on the quotidian life of the law in the hands of the state executives who have the power of law enforcement. It chronicles the various cases of sedition in contemporary times, its use against anti-nuclear movement, students’ organizations, communal politics, the dominant discourse of nation, and so on. Through these narratives, also emerges the idea of sedition in public imaginings and its identification with what is loosely termed as ‘anti-national’ or deshdroh. It also theorizes the relationship between the routine law of sedition and the exceptional or extraordinary counter terror laws. Through the patterns identified, this chapter identifies the Indian liberal democracy being characterized by a ‘moment of contradiction’ in relation to the offence of sedition.

scholarly journals Ganti Kerugian dan Rehabilitasi Bentuk Perlindungan Terhadap Korban Tindak Pidana dan Korban Proses Penegakan Hukum di Indonesia

2020 ◽  
Vol 2 (1) ◽  
pp. 68
Author(s):  
Haeranah Haeranah ◽  
Amriyanto Amriyanto
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
The State ◽  
Judicial System ◽  
Procedural Law ◽  
The Future ◽  
Victims Of Crime ◽  
The Law

This research and analysis is interesting because the author divides victims into 2 (two) forms, namely, general victims of law enforcement processes and crimes. Compensation and rehabilitation are the rights of victims that the state must enforce through legal means. This research is a normative research through a conceptual and statutory approach and the legal materials obtained are analyzed in an explanatory-deductive. The results indicate that the normative aspects of the balance of regulations related to compensation and rehabilitation for victims of the law enforcement process and victims of crimes in the Indonesian judicial system are still partial, so that its realization still requires criminal procedural law, law civil procedural or a combination of the two, as well as through state administrative law facilities, especially rehabilitation. We note several shortcomings and weaknesses in the use of legal means in this document. the form of compensation for the victim is in cash, while rehabilitation is in the form of restoring the good name, dignity and respect. The mechanisms and procedures for enforcing compensation and rehabilitation for victims still need to be simplified in order to realize the rights of victims of crime and victims of a balanced law enforcement process in the future.

The Munich conference of Minister-Presidents of German lands in 1947

2020 ◽  
Vol 2020 (10-2) ◽  
pp. 86-98
Author(s):  
Ivan Popov
Keyword(s):  
The State ◽  
State Governments ◽  
The West ◽  
Constitutional Development ◽  
The Moment ◽  
The One

The paper deals with the organization and decisions of the conference of the Minister-Presidents of German lands in Munich on June 6-7, 1947, which became the one and only meeting of the heads of the state governments of the western and eastern occupation zones before the division of Germany. The conference was the first experience of national positioning of the regional elite and clearly demonstrated that by the middle of 1947, not only between the allies, but also among German politicians, the incompatibility of perspectives of further constitutional development was existent and all the basic conditions for the division of Germany became ripe. Munich was the last significant demonstration of this disunity and the moment of the final turn towards the three-zone orientation of the West German elite.

Law enforcement practice of judicial authorities on tax disputes

2021 ◽  
pp. 550-563
Author(s):  
Alexandr V. Izmalkov ◽  
Alexander A. Kuznetsov ◽  
Pavel A. Kuznetsov ◽  
Ella Y. Kuzmenko
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Russian Federation ◽  
The State ◽  
Effect Relationship ◽  
General Scientific ◽  
The Russian Federation ◽  
The Law ◽  
Qualitative Characteristics ◽  
State Body

We analyze the law enforcement practice of judicial authorities on taxes and fees, since the Tax Code of the Russian Federation is a rather controversial regulatory legal act. Tax disputes arise both at the initiative of tax authorities and at the initiative of taxpayers. Purpose: to determine the main directions of law enforcement practice of courts in tax disputes. We use general scientific and specially legal methods as research methods. The focus is on the method of analysis. In the course of the research, we analyze the con-sideration of cases by judicial authorities on tax disputes, their quantitative and qualitative characteristics. We conclude that the emergence of disagree-ments between taxpayers and the state body when resolving the issue of the legality of their actions (inaction), as well as the legality of a non-normative legal act is the main reason for the formation of law enforcement practice in tax disputes. During the passage of all stages of the application of the law, it is also necessary to establish the existence of a cause-and-effect relationship between the actions of the taxpayer and the resulting consequences. The main points of this process go through several stages. We define the main directions of the law enforcement practice of courts in tax disputes.

scholarly journals RETURNS OF ASSETS IN CORRUPTION CRIMINAL ACTS AS ALTERNATIVE RESTORING STATE LOSSES

2020 ◽  
Vol 2 (1) ◽  
pp. 27-34
Author(s):  
Komang Ekayana
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Procedure ◽  
The State ◽  
Recovery Model ◽  
Formal Approach ◽  
The Rule Of Law ◽  
Asset Recovery ◽  
Criminal Procedure Law ◽  
The Law

Corrupted state assets certainly hurt the country narrowly, but also broadly where it harms the country and its people. However, the formal approach through the current criminal procedure law has not been able to recover the losses suffered by the state. In fact, state losses resulting from corruption are state assets that must be saved. Then there needs to be a new breakthrough to recover state losses through the asset recovery model. When looking at the country from the perspective of the victims, the state must obtain protection, in this case recovery from the losses suffered due to corruption. This paper examines the model of returning assets resulting from corruption in the law enforcement process that focuses on the rule of law in the 2003 UNCAC Convention and the mechanism of returning state assets in terms of Law No. 20 of 2001 concerning amendments to Law No. 31 of 1999 concerning Eradication of Corruption Crimes. 

scholarly journals PERTANGGUNGJAWABAN ADVOKAT SEBAGAI GATEKEEPER DALAM KAITANNYA DENGAN TINDAK PIDANA PENCUCIAN UANG

Media Iuris ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 350
Author(s):  
Rendy Ardy Septia Yuristara
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Money Laundering ◽  
Legal Profession ◽  
The State ◽  
Professional Responsibilities ◽  
Basic Purpose ◽  
The Law

Advocates are the most vulnerable professions to be Gatekeepers in money laundering. Indeed, the advocate profession is part of the law enforcement apparatus that can contribute better in preventing money laundering activities to develop. Affirmation about the role of advocate that can suppress the occurrence of money laundering crime, that is with the issuance of PP. 43 of 2015, which places advocates as one of the reporting parties in the agenda of eradicating money laundering crime. However, the substance of the rule draws criticism from some misguided advocates in interpreting the intent and purpose of the arrangement. Moreover there are some advocates who consider that the rule is against the rules that regulate immunity rights in the profession advocate. The misinterpretation of some advocates related to the immunity rights inherent in the profession, causing the work of the advocate profession to be considered irrelevant, and not worthy of being called the nobleprofession (OfficiumNobile), But as a bad profession in integrity and promoting commercialization. In fact, the basic purpose of the arrangement of PP. 43 of 2015, which places the advocate profession as one of the reporting parties on the eradication agenda of money laundering, is a form of respect for the profession of advocate who is a noble profession, by prioritizing his professional responsibilities to the state, society and God, as well as his obligations as part of The legal profession to uphold the law and uphold the value of human rights while on duty.

scholarly journals АДМІНІСТРАТИВНО-ПРАВОВИЙ МЕХАНІЗМ РЕАЛІЗАЦІЇ ПРАВООХОРОННОЇ ФУНКЦІЇ ДЕРЖАВИ

2019 ◽  
Vol 15 ◽  
pp. 218-226
Author(s):  
О. І. Безпалова
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Effective Functioning ◽  
The Law ◽  
Legal Mechanism

Розкрито сутність адміністративно-правового механізму реалізації правоохоронної функції держави. З'ясовано основні ознаки, характерні для адміністративно-правового ме­ханізму реалізації правоохоронної функції держави. Визначено перелік елементів, що вхо­дять до цього механізму. Обґрунтовано, що основними системоутворюючими елементами є інституційна та правова складові. Визначено основні кроки в напрямі забезпечення ефек­тивного функціонування адміністративно-правового механізму реалізації правоохоронної функції держави.   The essence of the administrative and legal mechanism for the implementation of the law enforcement functions of the state. Find out the main characteristics of an administrative and legal mechanism for the implementation of the law enforcement functions of the state. The list of items included in this mechanism. It is proved that the main elements of the backbone is the institutional and legal components. The basic steps to ensure the effective functioning of the administrative and legal mechanism for the implementation of the law enforcement functions of the state.

Իրավունքի և օրենքի կոլիզիաները իրավունքի փիլիսոփայությունում

2021 ◽  
pp. 64-85
Author(s):  
Artur Ghambaryan
Keyword(s):  
Law Enforcement ◽  
Natural Law ◽  
Point Of View ◽  
The Other ◽  
Scientific Methods ◽  
Legislative Policy ◽  
The Law ◽  
Law And Justice ◽  
The One ◽  
Legal Understanding

The aim of the article is to reveal the collisional relationship between justice and the law in the philosophical dimension. The main objectives of the article are to analyze the contradictions between law from the point of view of broad legal understanding, as well as the answer to the question of how law enforcement agent should act if, in solving a specific case, an outrageous contradiction between law and justice is encountered. The author used a number of scientific methods, in particular, historical-legal-comparative methods. The author concludes that supporters of a broad legal understanding consider the issue of contradiction between law mainly from the point of view of legislative policy, however, they do not discuss the issue of how the law enforcement agent should act when an obvious contradiction between law is encountered in a particular case. In the article the sayings «dura lex sed lex» (The law [is] harsh, but [it is] the law) and «lex iniusta non est lex» (An unjust law is no law at all) are considered in the dimensions of the legalism and natural law. The author concludes that the Radbruch formula is an exception to the saying «dura lex sed lex» (The law [is] harsh, but [it is] the law), which has undergone practical approbation. On the one hand, this resolution values the certainty and stability of the law, and on the other hand, it protects the person (society) from the unjustly shouting unjust laws.

LIMITS OF JUDICIAL DISCRETION IN ASSESSING THE LEGAL BEHAVIOR AND LEGAL EFFECTIVENESS

2021 ◽  
Vol 10 (6) ◽  
pp. 84-100
Author(s):  
N.V. ZAYTSEVA
Keyword(s):  
Civil Society ◽  
Law Enforcement ◽  
Legal Regulation ◽  
Current Level ◽  
Judicial Discretion ◽  
Social Phenomenon ◽  
Formal Approach ◽  
The Will ◽  
The Law ◽  
The One

The article is devoted to the study of the concept of legal effectiveness in the context of the goals and purpose of law in general and separately in the private law relations. Since the law is a complex social phenomenon, the author paid special attention to the issues of refraction of normative tasks through the prism of judicial discretion. Law enforcement practice, on the one hand, shows the viability of a particular norm and its compliance with the current level of development of civil society, however, it can also distort the spirit of the law, which will not allow achieving the necessary legal result. Judicial discretion regarding the interpretation of certain legal elements and in assessing the behavior of participants in legal relations can lead to the transformation of legal relations, which does not allow to realize the goals set by the subjects. It is noted that the regulation of the limits of judicial discretion would help to ensure effective legal regulation. Assessing the behavior of participants due to the lack of mechanisms for proving the actual intentions of the parties is difficult for most countries of the continental legal system; therefore, a formal approach prevails and qualifies the will of the parties recorded exclusively in writing.

Mandatory Pre-trial Procedure for the Settlement of Disputes in Civil Procedure (Analysis of the Application of Part 5 of Article 4 of the Arbitration Procedure Code of the Russian Federation)

2021 ◽  
Vol 3 ◽  
pp. 35-47
Author(s):  
D. V. Kniazev ◽  
◽  
A. N. Kukartseva ◽  
Keyword(s):  
Law Enforcement ◽  
Judicial Process ◽  
Trial Procedure ◽  
Procedure Code ◽  
Arbitration Procedure ◽  
The Russian Federation ◽  
The One ◽  
Commercial Organizations ◽  
Settlement Of Disputes ◽  
Overall Effectiveness

The provisions of the arbitration procedural legislation on the pre-trial procedure for the settlement of the dispute are additional requirements to the filing to the court in comparison with civil procedural legislation. According to the legislator, on the one hand, these requirements encourage the independence of commercial organizations and individual entrepreneurs in the settlement of economic disputes, on the other hand, indicate the desire of the legislator to reduce the number of arbitration disputes and increase the effectiveness of justice. About three years have passed since the appearance of the norm in question and some conclusions can be drawn regarding its application by the courts. The authors of the article draw attention to the problematic aspects of law enforcement practice: categories of disputes when the application of pre-trial procedure is mandatory; compliance with the form, content, deadlines for submitting a claim; assessment by the court of the actions of the parties to resolve the dispute before going to court; overall effectiveness of the existing order. The authors conclude that the goal set by the legislator before the pre-trial procedure (an alternative pre-trial method for the resolution of disputes, designed to provide faster, less formalized and costly dispute resolution in comparison with the judicial process) is not achieved.

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