scholarly journals Kewenangan Kepolisian Daerah Bali dalam Penegakan Hukum Terhadap Aksi Unjuk Rasa yang Anarkis

2021 ◽  
Vol 2 (3) ◽  
pp. 575-581
Author(s):  
I Nyoman Budiantara ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Nyoman Sutama
Keyword(s):  
Law Enforcement ◽  
Freedom Of Expression ◽  
Police Chief ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
Inhibiting Factors ◽  
The Right ◽  
National Police ◽  
Laws And Regulations

Freedom of expression in public is the right of every citizen which is protected by law. There are several principles that must be followed in expressing opinions in public, namely the principle of balancing rights and obligations, deliberation and consensus, legal certainty and justice, proportionality, and benefits. However, the fact is that demonstrations are often carried out in an anarchic manner. The purpose of this study is to determine the authority of the Bali police in law enforcement against anarchic demonstrations, and to find out the obstacles faced by the Balinese police in dealing with demonstrations. This study uses empirical legal research because of the gap between theory and reality. The results of the research that the authority of the Bali Regional Police in law enforcement against anarchist demonstrations refers to Law/8/1998 and the National Police Chief Regulation No. Pol. 16 of 2006, as well as Protap No. PROTAP/1/X/2010. Barriers to the Bali Police in dealing with anarchic demonstrations are divided into internal inhibiting factors such as knowledge, emotions, and delays in information. The external such as no permission to protest, influenced by alcohol. To the public, to always comply with the laws and regulations in terms of demonstrations.

scholarly journals The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

scholarly journals Peran Anggota Kepolisian Dalmas Polda Bali dalam Penegakan Hukum terhadap Penanganan Unjuk Rasa Tolak Reklamasi Teluk Benoa

2020 ◽  
Vol 1 (2) ◽  
pp. 362-368
Author(s):  
I Kadek Windi Pranata Putra ◽  
Ida Ayu Putu Widiati ◽  
I Nyoman Gede Sugiartha
Keyword(s):  
Law Enforcement ◽  
External Factor ◽  
Police Chief ◽  
Legal Research ◽  
Internal Factor ◽  
The Law ◽  
The Right ◽  
Internal And External Factors ◽  
Recent Demonstration

Every citizen has the right to express an opinion in accordance with Law Number 9 of 1998 concerning Freedom of Expressing Opinions in Public. Freedom of opinion is generally carried out by demonstrations. The recent demonstration in Bali is a demonstration against the reclamation of Benoa Bay. This is of particular concern to members of the Bali Police Dalmas as the main party in the handling of this demonstration. In handling it, the Bali Police Dalmas is guided to enforce the law against each of these demonstrations. Based on this background, this research was conducted with the aim of describing how the role of members of the Bali Police Dalmas police in law enforcement against the Benoa Bay protest against the Benoa Bay reclamation and what factors hindered the implementation of handling the Benoa Bay reclamation protest action by members of the Bali Police Dalmas. This study used an empirical legal research method. The results of this study indicated that the role of the Bali Police Dalmas in enforcing the law against the protest against Benoa Bay reclamation was carried out based on pre-emptive, preventive, and repressive actions based on statutory regulations and the police chief regulations regarding the handling of demonstrations. In addition, the factors that hindered the implementation of the protest against the reclamation of Benoa Bay by members of the Bali Police Dalmas include internal and external factors. the internal factor is factor of Dalmas members themselves, both from a mental perspective, professionalism, and knowledge about how to handle protests. Meanwhile, the external factor is generally the mass of protesters who do not understand the provisions that apply to the implementation of a demonstration.

scholarly journals THE ROLES OF BHAYANGKARA OF TRUSTEES OF SECURITY AND PUBLIC ORDER (BHABINKAMTIBMAS) OF THE POLICE OF REPUBLIC OF INDONESIA (POLRI) IN IMPLEMENTATION OF RESTORATIVE JUSTICE AGAINST CRIMINAL OF PRESECUTION IN THE LAW OF THE NORTH BENGKULU POLICE

2020 ◽  
Vol 10 (2) ◽  
pp. 199-210
Author(s):  
Yosril Radiansyah ◽  
Antory Royan Adyan ◽  
Hamzah Hatrik
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Legal Culture ◽  
Public Order ◽  
Legal Research ◽  
The Public ◽  
Legal Reforms ◽  
The North ◽  
National Police ◽  
Research Type

This study raises issues related to the roles of Bhabinkamtibmas and the constraints of Bhabinkamtibmas in implementing restorative justice against criminal acts of persecution in the North Bengkulu Police. This study aims to find out and analyze what the roles and constraints of Bhabinkamtibmas in implementing the process of restorative justice against criminal acts are. This research is an empirical legal research type from the facts that exist ina society, legal entity or government agency. The results of this study indicate that the existence of Bhabinkamtibmas has helped many Police institutions especially North Bengkulu Resort Police starting from the early detection of criminal acts (pre-emptive functions), the process of preventing criminal acts (preventive functions) and the process of problem solving and law enforcement (repressive functions) one of its role is as a mediator and facilitator inthe process of restorative justice. The constraints or obstacles of Bhabinkamtibmas in carrying out their roles from the internal of the National Police and the personnel of Bhabinkamtibmas itself are related to knowledge, skills and ethics as well as external constraints such as the lack of a legal culture or response from the public and the absence of positive laws governing. The results of this study suggest that it needs legal reforms that accommodate the process of restorative justice in order to improve the legal culture and effectiveness of criminal law enforcement in Indonesia.

scholarly journals THE INHIBITING FACTORS IN THE IMPLEMENTATION OF WOMEN AND CHILDREN PROTECTION UNIT’S ROLESS IN LAW ENFORCEMENT OF IMMORAL CRIMINAL ACT COMMITTED BY THE CLOSEST ADULTS TO MINORS IN THE JURISDICTION OF KEPAHIANG POLICE RESORT

2021 ◽  
Vol 11 (1) ◽  
pp. 12-25
Author(s):  
Davinsi Josie Sidabutar ◽  
Lidia Br Karo ◽  
Herlambang Herlambang
Keyword(s):  
Law Enforcement ◽  
External Factors ◽  
Private Sphere ◽  
The Public ◽  
Violence Against Children ◽  
Service Unit ◽  
Inhibiting Factors ◽  
Women And Children ◽  
Internal And External Factors ◽  
National Police

The increase in violence committed by parents and the closest adults to children brings a new concept that must be understood together where violence against children is not only a trivial matter and the private sphere, but has become the state and the public problem. Based on the facts and data that showed the rampant violence against children that often occurs in the area of Kepahiang Regency, namely, violence committed by parents and the closest adults to children, it becomes necessary for the efforts to protect children to be maximized. The protection efforts must be carried out by the police, especially by the Women and Children Service Unit. The Women and Children Service Unit also has main tasks contained in Article 3 of KAPOLRI Regulation Number 10 of 2007 concerning the Organization and Work Procedures of the Women and Children Service Unit within the Indonesian National Police environment. This study was conducted to obtain an overview, to understand and to analyze the factors inhibiting the implementation of the roles of Women and Children Protection Unit in law enforcement of immorality criminal acts committed by the closest adult to minors in the jurisdiction  of Kepahiang Police Resort. The method applied in this study was an empirical juridical approach with qualitative analysis. The result of the study stated that the inhibiting factors in the implementation of the roles of Women and Children Protection Unit in law enforcement of immoral criminal acts committed by the closest adults to minors in the jurisdiction of Kepahiang Police Resort arose from internal and external factors.

scholarly journals Discrimination against Children Born Outside of Marriage in Indonesia

2020 ◽  
Vol 7 (9) ◽  
pp. 121
Author(s):  
Nahdiya Sabrina ◽  
Thohir Luth ◽  
Masruchin Rubai ◽  
Nurini Aprilianda
Keyword(s):  
Research Method ◽  
Equal Treatment ◽  
Legal Certainty ◽  
Next Generation ◽  
Legal Research ◽  
Biological Father ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
Laws And Regulations

The protection of Indonesian children as the nation's next-generation that is free from discrimination has not been fully implemented, it is evident in our society that there are still many children who do not get enough attention in protecting and fulfilling their rights. Children born out of wedlock are sometimes not recognized and neglected by their biological father. Unlike legitimate children whose rights are guaranteed and there are sanctions if these rights are not fulfilled by the father, for children born outside of marriage there is no penalty if the biological father neglects them. The method used in this research is the normative legal research method. This paper discusses the conditions of children born outside of marriage in Indonesia, discrimination against children born outside of marriage in Indonesia, and expectations for children born outside of marriage in Indonesia. Currently, there are no laws and regulations that state sanctions if the biological father does not want to be responsible for the birth of this child. This is certainly not in accordance with the mandate of the 1945 Constitution of the Republic of Indonesia Article 28D paragraph (1) which reads: “Everyone has the right to recognition, guarantee, protection and legal certainty that is just and equal treatment before the law.

scholarly journals THE ROLE OF THE COMMUNITY IN THE FRAMEWORK OF PREVENTION AND ERADICATION OF CORRUPTION IN THE PERSPECTIVE OF LAWS IN INDONESIA

2019 ◽  
Vol 2 (2) ◽  
pp. 47-58
Author(s):  
Yulia Monita ◽  
Elizabeth Siregar ◽  
Dheny Wahyudi
Keyword(s):  
Law Enforcement ◽  
Community Participation ◽  
Active Role ◽  
Legal Research ◽  
Legal Norms ◽  
The Public ◽  
Materials Used ◽  
Laws And Regulations

Law Enforcement Problems including corruption, both prevention and eradication of corruption are not only the duty of law enforcers, but the duties of all parties including the public, community participation in the prevention and eradication of corruption have been regulated in many laws and regulations in Indonesia, this matter is interesting in detail, whether the regulation of community participation is still not appropriate so that the public does not know it or still needs a deeper analysis of the provisions of the articles on community participation so that the community is more optimal in playing an active role in efforts to prevent and eradicate corruption. Based on the explanation, the problem in this research is: How are the Settings and Forms of Community Participation in the Prevention and Eradication of Corruption in the Perspective of Laws in Indonesia? To answer this problem, the type of research used in this study is the type of normative legal research that is a type of research that examines matters that are theoretical, principles, conceptions, legal doctrines and legal norms relating to community participation in the framework of prevention and combating corruption in the perspective of legislation in Indonesia. While the legal materials used are primary, secondary and tertiary legal materials. The results of this study will analyze legally the rules and forms of community participation in the prevention and eradication of criminal acts of corruption in various laws and regulations in Indonesia. There are several regulations that still need to be improved in the formulation of norms so that they can be more understood and understood by the public. Recommendations from this research are the arrangement and forms of community participation in the prevention and eradication of criminal acts of corruption in various laws and regulations in Indonesia must have a good norm formulation and need to be socialized to the public so that people know and participate, so the formulation of norms in the legislation is not only contained in legislation but can be applied by the community in the context of preventing and eradicating criminal acts of corruption in the perspective of legislation in Indonesia.

Tanggung Jawab Hukum Penilai Publik terhadap Laporan Penilaian Kegiatan Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum (Studi Atas Kantor Jasa Penilai Publik Toto Suharto)

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein
Keyword(s):  
Future Development ◽  
Public Interest ◽  
Legal Responsibility ◽  
Legal Research ◽  
The Public ◽  
The Government ◽  
Conducting Research ◽  
The Right ◽  
The Relationship ◽  
Systematic Explanation

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.

JUAL BELI TANAH YANG DILAKUKAN TANPA AKTA PPAT

2018 ◽  
Vol 4 (1) ◽  
pp. 89-107
Author(s):  
Cheri Bayuni Budjang
Keyword(s):  
Everyday Life ◽  
Government Regulation ◽  
Land Rights ◽  
The Other ◽  
Legal Certainty ◽  
Land Registration ◽  
The Future ◽  
The Right ◽  
Laws And Regulations

Buying and selling is a way to transfer land rights according to the provisions in Article 37 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration which must include the deed of the Land Deed Making Official to register the right of land rights (behind the name) to the Land Office to create legal certainty and minimize the risks that occur in the future. However, in everyday life there is still a lot of buying and selling land that is not based on the laws and regulations that apply, namely only by using receipts and trust in each other. This is certainly very detrimental to both parties in the transfer of rights (behind the name), especially if the other party is not known to exist like the Case in Decision Number 42 / Pdt.G / 2010 / PN.Mtp

Freedom of Expression versus Privacy and the Right to Reputation

2017 ◽  
Author(s):  
Dirk Voorhoof
Keyword(s):  
Public Interest ◽  
Freedom Of Expression ◽  
Media Freedom ◽  
Investigative Journalism ◽  
The Public ◽  
The Right Of Privacy ◽  
The One ◽  
Grand Chamber ◽  
The Right ◽  
The Impact

The normative perspective of this chapter is how to guarantee respect for the fundamental values of freedom of expression and journalistic reporting on matters of public interest in cases where a (public) person claims protection of his or her right to reputation. First it explains why there is an increasing number and expanding potential of conflicts between the right to freedom of expression and media freedom (Article 10 ECHR), on the one hand, and the right of privacy and the right to protection of reputation (Article 8 ECHR), on the other. In addressing and analysing the European Court’s balancing approach in this domain, the characteristics and the impact of the seminal 2012 Grand Chamber judgment in Axel Springer AG v. Germany (no. 1) are identified and explained. On the basis of the analysis of the Court’s subsequent jurisprudence in defamation cases it evaluates whether this case law preserves the public watchdog-function of media, investigative journalism and NGOs reporting on matters of public interest, but tarnishing the reputation of public figures.

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