scholarly journals Tinjauan Yuridis terhadap Penegakan Hukum Tindak Pidana Penyelundupan Bibit Lobster

2021 ◽  
Vol 2 (3) ◽  
pp. 569-574
Author(s):  
I Made Agus Sanjaya ◽  
I Made Minggu Widyantara ◽  
Luh Putu Suryani
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Marine Biota ◽  
Legal Research ◽  
Legal Principles ◽  
Marine Products ◽  
Fisheries Regulation ◽  
The Republic ◽  
The Government

Smuggling is common given the fact that marine products are very attractive. In a really basic way, transactions of billions of rupiah can be carried out illegally, mostly by avoiding the customs office of different rates provided by Customs. Currently, the Government is trying to prevent the smuggling of marine products that are prohibited for trading, because in addition to harming the State, this can result in minimal marine biota and losses of up to trillions. The purpose of this study is to determine the regulation regarding the prohibition of catching lobster seeds and law enforcement against the crime of smuggling lobster seeds, the type of normative legal research. The sources of this research are obtained through approaches by examining based on statutory regulations, legal principles, and legal doctrines to respond to legal themes encountered in order to obtain new opinions, thoughts and understandings as rules for ending events that occur. The sources of this research are obtained through approaches by examining based on statutory regulations, legal principles, and legal doctrines to respond to legal themes encountered in order to obtain new opinions, thoughts and understandings as rules for ending events that occur. The guidelines for catching lobster seeds have recently been regulated in the Minister of Marine Affairs and Fisheries Regulation No. 56 / PERMEN-KP / 2016 concerning the Prohibition of Catching and or Exporting Lobster, Crab and Crab. In 2020 the Ministry of Maritime Affairs and Fisheries of the Republic of Indonesia again provided guidelines Number 12 / PERM EN -KP / 2020 concerning Management of Lobster and Crabs. Which indirectly opens the export of lobster seeds in Indonesia.

scholarly journals Formulative Policy of Death Penalty for Corruptors in Indonesia

2020 ◽  
Vol 4 (2) ◽  
pp. 55-69
Author(s):  
Ni Wayan SINARYATI ◽  
I Gede ARTHA
Keyword(s):  
Law Enforcement ◽  
Death Penalty ◽  
Capital Punishment ◽  
Legal Research ◽  
Criminal Sanctions ◽  
Analysis Technique ◽  
Library Studies ◽  
The Republic ◽  
The Government ◽  
Materials Used

Corruption is committed by state officials, law enforcement and other related parties. Various efforts have been made by the government in preventing and eradicating corruption in Indonesia, but the efforts that have been made have not yet gotten optimal results. The fundamental weakness in eradicating corruption in Indonesia is the formulation of the main criminal sanctions in the form of criminal threats that are facultative, uncertain or must be. So that the corruptors are never deterred or afraid. In the future, the legislators need to reformulate the provisions of Article 2 paragraph (2) of the Republic of Indonesia Law Number 31 of 1999 as amended to Law of the Republic of Indonesia Number 20 of 2001 concerning Eradication of Corruption. Various criminal law policies still need to be carried out by the state in order to eradicate corruption to achieve the expected results. This type of research in this paper uses the type of normative legal research. The type of approach is in the form of a legal approach related to corruption. There are two legal materials used, namely primary legal materials and secondary legal materials, with legal material collection techniques used in the form of library studies. The analysis technique used is descriptive, interpretation, evaluation and argumentative techniques. The research in this paper intends and aims to examine and analyze the facts and phenomena of corruption that are stated in specific legislation concerning criminal sanctions (capital punishment) for corruptors in Indonesia. Moreover, corruption is qualified as an extraordinary crime so it needs extraordinary handling as well.

scholarly journals Election violation and election law enforcement in general election in Indonesia

2019 ◽  
Vol 4 (1) ◽  
pp. 25-34
Author(s):  
Syailendra Anantya Prawira
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
General Election ◽  
Political Rights ◽  
Election Law ◽  
Legal Research ◽  
The People ◽  
General Elections ◽  
The Republic ◽  
The Government

General Elections are the embodiments of the mandate stipulated in the 1945 Constitution of the Republic of Indonesia Article 1 paragraph (2) which affirms that "sovereignty is in the hands of the people and carried out according to the Constitution". The Formulation Document that will be formulated in the research are: (1) What is the violation in the general election? And (2) What is law enforcement in general election. The method used in this study is normative legal research, normative legal research methods or library law research methods are methods or procedures that are used in legal research by examining existing library material. Election violations constitute acts prohibited by the Election Law against election organizers resulting in the imposition of sanctions for violations. The enactment of Law Number 7 Year 2017 on General Elections provides for different types of violations, disputes, criminal offenses and electoral disputes. The crime of elections is a criminal offense punishable by a particular punishment based on the criminal justice system. The purpose of election is to carry out popular sovereignty and the realization of the political rights of the people to produce leaders who will occupy important positions in the government.

scholarly journals Natural Resources Management Rights in Land Conservation Areas in Coastal Areas and Small Islands Based on Environmental Sustainability

2021 ◽  
Vol 16 (7) ◽  
pp. 1309-1316
Author(s):  
Adonia Ivone Laturette ◽  
Rory Jeff Akyuwen ◽  
Barzah Latupono ◽  
Arman Anwar ◽  
La Ode Angga ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Environmental Sustainability ◽  
Spatial Planning ◽  
Central Government ◽  
Legal Analysis ◽  
Legal Research ◽  
Conservation Areas ◽  
Legal Principles ◽  
The Government ◽  
Legal Consequences

The coastal area is an area that is very intensively used for human activities, such as the central government area, settlements, industry, ports, aquaculture, agriculture/fishery, tourism, and so on. The existence of these various activities raises the need for space as supporting facilities and infrastructure for each of these activities. This research is a normative legal research. normative legal research is a process to find the rule of law, legal principles, and legal doctrines in order to answer the legal problems faced. The answer obtained from the legal analysis regarding the legal consequences is that the Government does not specifically regulate the regulation of land rights in conservation areas which are determined through the Regional Spatial Planning (RTRW) and Regional Spatial Planning (RZWP3K) so that the legal consequences are uncertainty in law enforcement and also overlapping powers.

scholarly journals PEMBUBARAN ORMAS “RADIKAL” DALAM PERSEPEKTIF PERUNDANG-UNDANGAN (Kajian Khusus Perppu No. 02 Tahun 2017)

Nuansa ◽  
2017 ◽  
Vol 10 (2) ◽  
Author(s):  
Imam Mahdi
Keyword(s):  
Law Enforcement ◽  
Government Regulation ◽  
Community Organizations ◽  
The State ◽  
Public Organization ◽  
Legal Action ◽  
Legal Basis ◽  
Pros And Cons ◽  
The Republic ◽  
The Government

The Government Regulation on Law Enforcement (Perppu), has the same  legal force as the law, but is tem- porary because it must  obtain approval by the Parliament. Exit of Perppu No. 2 Year 2017 on Amendment to Law no. 17Year 2003 on Public  Organization. The legal basis  of the President to issue  the Perppu is stipulated in Article 22 of the1945 Constitution of the Republic of Indonesia, essentially the Perppu is issued because of the urgency of the matter, meaning that  if not issued by the Perppu, the government can not take legal action for the interest of the State. In fact, this Perppu is used to dissolve community organizations, especially Hizbur Tahrir Indonesia (HTI) which is considered by the government to deviate from Pancasila ideology and endanger the integrity of NKRI. As a result, there are pros and cons against Perppu No. 2 Year 2017. .

scholarly journals INTERACTION OF LAW ENFORCEMENT AGENCIES WITH THE POPULATION AS A FACTOR OF NATIONAL SECURITY

2016 ◽  
Vol 2 (1) ◽  
pp. 0-0
Author(s):  
Алмас Канатов ◽  
Almas Kanatov ◽  
Максим Баранов ◽  
Maksim Baranov
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Fire Service ◽  
Economic Security ◽  
The State ◽  
Law Enforcement Agencies ◽  
The Public ◽  
The Republic ◽  
The Government ◽  
Political Security

Various forms of cooperation between law enforcement authorities and the public (civil society) in the fight against offenses in order to strengthen national security are detailed in the article. Among the law enforcement agencies the following authorities are highlighted: the prosecuting authorities, internal affairs bodies, state fire service, anti-corruption service and the service of economic investigations, which are operating in accordance with the legislative acts of the Republic of Kazakhstan. Certain aspects are researched, the principles for such interaction are proposed. Within counteract threats to national security the author fragmentarily emphasized in particular, social security, military security, political security, economic security, informational security and environmental safety. The role of inter-ministerial committees for prevention of offenses under the Government of the Republic of Kazakhstan and the public councils under law enforcement bodies was distinguished. The authors note that the participation of public organizations in law enforcement activities of the state is provided by the Plan of measures on realization of the State Program of further modernization of the judicial system of the Republic of Kazakhstan for 2014—2020. The mandatory learning of the basics of personal and public safety by citizens, involved in law enforcement activity and the need of methodological and logistical support is provided.

scholarly journals PERBANDINGAN TUGAS MEDIATOR PADA PENGADILAN AGAMA INDONESIA DENGAN MAHKAMAH SYARIAH MALAYSIA

2021 ◽  
Vol 6 (2) ◽  
pp. 101
Author(s):  
Mardalena Hanifah
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Secondary Data ◽  
Materials Processing ◽  
Mediation Process ◽  
Legal Research ◽  
Legal Principles ◽  
The Supreme Court ◽  
The Republic ◽  
Religious Courts

Article 3 (2) Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures, Case Examining Judges in the consideration of a decision must state that the case has been pursued peace through mediation by mentioning the mediator. The court is not only tasked with examining, trying, and resolving cases it receives but also seeks to reconcile the parties. The court, which has been impressed as a law enforcement and justice institution, now appears as an institution that seeks peaceful solutions for the parties. The implementation of Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures in Courts can be an eff ort to resolve civil disputes so that the settlement of civil disputes through mediation is the main choice. The research method used is normative legal research which includes research on legal principles which is very basic in guided law. The nature of the research carried out is descriptive, namely research that describes and explains in clear and detailed sentences. The data used are secondary data obtained from literature, consisting of primary, secondary, and tertiary legal materials. Processing and data analysis used qualitative methods. The defi nition of mediation according to the Religious Courts in Indonesia and the Syari’ah Courts in Malaysia is the eff ort of the judges and courts to reconcile the parties so that the divorce process does not continue at the next trial. When the mediation process was carried out at the Indonesian Religious Court and the Syari’ah Court in Malaysia, there was a similarity, namely the mediation process was carried out at the fi rst trial and it was an obligation for the disputing parties in a divorce case to take mediation. according to the procedure for the appointment of mediators at the Indonesian Religious Courts and the Syari’ah Courts in Malaysia and the appointments of these mediators are both made by the judges. 

scholarly journals Status Kewarganegaraan Ganda Dilihat dari Perspektif Undang-Undang Nomor 12 Tahun 2006 tentang Kewarganegaraan Republik Indonesia

2020 ◽  
Vol 2 (1) ◽  
pp. 43-54
Author(s):  
Glery Lazuardi
Keyword(s):  
The State ◽  
Legal Problem ◽  
Legal Research ◽  
Biological Father ◽  
Citizenship Status ◽  
The Status ◽  
The Republic ◽  
The Government ◽  
Conducting Research ◽  
Role Of The Government

This study aims to analyze the status of dual citizenship in terms of Law Number 12 of 2006 on Citizenship of the Republic of Indonesia. This research uses normative legal research methods. Normative legal research is research conducted by conducting a study of statutory regulations, namely Law Number 12 of 2006 on Citizenship of the Republic of Indonesia, whether it is relevant to be applied to a legal problem. The legal problem in this study is the citizenship status of Gloria Natapradja. In 2016, Gloria Natapradja was dismissed as an official of the Heirloom Flag raiser after having French citizenship, who followed the citizenship of her biological father. After conducting research, it is known, the state has an obligation to protect the rights of citizens. The state should pay attention and protect citizens regarding the status of citizens. The problems experienced by Gloria Natapradja, because citizenship status can be seen as not yet the maximum role of the government to protect citizens. The issue of citizenship in Gloria Natapradja requires the government to review the regulation of citizenship status as regulated in Law Number 12 of 2006 on Citizenship of the Republic of Indonesia.

scholarly journals PELAKSANAAN DISKRESI APARATUR SIPIL NEGARA DALAM RANGKA PENEGAKAN HUKUM

2020 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
Rossi Suparman
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Primary Data ◽  
The Public ◽  
Government Administration ◽  
Legal Position ◽  
The Law ◽  
The Republic ◽  
The Government ◽  
National Police

Secreted as an action or decision that can be used by the state civil service (ASN) under certain conditions, in carrying out the law enforcement duties of civil servants especially the police the authority to use discretion can be applied according to the conditions needed in the context of law enforcement, but after the enactment of Law Number 30 of 2014 concerning Government Administration requires clarity regarding the position of discretion in law enforcement. The method used is a normative approach using secondary and primary data that is analyzed qualitatively. The results showed (1) That the enactment of the Law on Government Administration is an effort to provide a legal position for discretion within the State Civil Apparatus. Discretion is regulated more clearly, from the definition, the limit according to the law, the limit is issued by the authorized official, the purpose, scope, conditions, use of discretion and approval procedures, and the consequences of discretionary law. (2) POLRI in its position as a law enforcement apparatus has the function of enforcing law in the judicial field both preventive and repressive. So with the discretionary authority in the judicial field as stipulated in Law No. 2 of 2002 in Article 18 paragraph (1) that "In the public interest of the Republic of Indonesia National Police officials in carrying out their duties and authorities can act according to their own judgment". (3) that in the relationship between the implementation of discretion according to the Government Administrative Law and the Police Law of the Republic of Indonesia there is an expansion of the purpose of police discretion in law enforcement, which is not only to create and maintain security and order, but also to launch and overcome obstacles in the process of law enforcement.Keywords : Discretion, State Civil Apparatus, Law Enforcement.

scholarly journals PERGESERAN KOMPETENSI PERADILAN TATA USAHA NEGARA PASCA DIUNDANGKAN UNDANG-UNDANG NOMOR 30 TAHUN 2014 TENTANG ADMINISTRASI PEMERINTAHAN

2020 ◽  
Vol 2 (1) ◽  
pp. 200-207
Author(s):  
Iskatrinah Iskatrinah
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
The State ◽  
Legal Principles ◽  
Government Administration ◽  
Role Of The State ◽  
State Administration ◽  
Approach Method ◽  
The Law ◽  
The Government

One of the characteristics of State Administrative Law, among others, states that the field of state administrative law is difficult to codify because its arrangements are scattered in various institutions / institutions / government agencies. However, difficult does not mean it can not be done. The promulgation of Law 30 of 2014 concerning Government Administration proves that there has been a codification of the law governing the practice of government administration, therefore it is expected to be able to reinforce the existence of the State Administrative Court in administrative law enforcement. Through this paper, the author tries to explain the authority of the State Administrative Court after the Government Administration Act. This research uses the Normative Juridical Approach method, by tracing, examining the object of research through its legal principles, through its laws and legal history, which is used to find out the rationale, background of the legislation that is the object of research, namely the Law 30 of 2014 concerning Government Administration. So at the end of this study it can be concluded that the enactment of Law Number 30 of 2004 concerning Government Administration has increasingly complemented and strengthened the role of the State Administrative Court in the order of administrative law in Indonesia, and as a legal political basis for law enforcement in state administration

Recommendations of The Ombudsman’s Dilemma: Between Law Enforcement Officials and Protection of Credibility

2018 ◽  
Vol 2 ◽  
pp. 1-12
Author(s):  
Dyah Adriantini Sintha Dewi
Keyword(s):  
Law Enforcement ◽  
Public Service ◽  
Public Services ◽  
Point Of View ◽  
Law Enforcement Officials ◽  
Muslim Majority ◽  
The Republic ◽  
The Government ◽  
The One ◽  
Oversight Body

The Ombudsman as an external oversight body for official performance, in Fikih Siyasah (constitutionality in Islam) is included in the supervision stipulated in legislation (al-musahabah al-qomariyah). Supervision is done so that public service delivery to the community is in accordance with the rights of the community. This is done because in carrying out its duties, officials are very likely to conduct mal administration, which is bad public services that cause harm to the community. The Ombudsman is an institution authorized to resolve the mal administration issue, in which one of its products is by issuing a recommendation. Although Law No. 37 of 2018 on the Ombudsman of the Republic of Indonesia states that the recommendation is mandatory, theombudsman's recommendations have not been implemented. This is due to differences in point of view, ie on the one hand in the context of law enforcement, but on the other hand the implementation of the recommendation is considered as a means of opening the disgrace of officials. Recommendations are the last alternative of Ombudsman's efforts to resolve the mal administration case, given that a win-win solution is the goal, then mediation becomes the main effort. This is in accordance with the condition of the Muslim majority of Indonesian nation and prioritizes deliberation in resolving dispute. Therefore, it is necessary to educate the community and officials related to the implementation of the Ombudsman's recommendations in order to provide good public services for the community, which is the obligation of the government.

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