scholarly journals Jaksa Selaku Eksekutor dalam Putusan Pengadilan Tindak Pidana Pembunuhan

2020 ◽  
Vol 1 (2) ◽  
pp. 154-158
Author(s):  
I Wayan Edi Kurniawan ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Law Enforcement ◽  
Descriptive Analysis ◽  
Court Decisions ◽  
Internet Studies ◽  
Legal Rules ◽  
Applicable Law ◽  
Criminal Offender ◽  
Law Enforcement Officials ◽  
The Republic ◽  
Legal Force

Enforcement of the criminal justice system in Indonesia can also be carried out by implementing court decisions that have permanent legal force. The party that has the authority to implement the judge's decision is the prosecutor. In the contents of the criminal decision, the prosecutor's office has the authority to immediately carry out the execution in accordance with the Criminal Procedure Code. This study aims to determine the authority of the prosecutor in carrying out the execution, and to determine the execution mechanism for the crime of murder. This research uses normative methods, statutory approaches, conceptual approaches, primary legal materials, secondary legal materials, tertiary legal materials, document studies, literature studies, internet studies and analysis of legal interpretations, and descriptive analysis. The only executing agency in the State of Indonesia is the Attorney General's Office of the Republic of Indonesia. The meaning of executor is the party who has the authority to carry out court decisions based on the applicable law. The results showed that in carrying out court decisions, the prosecutor's office had duties and functions, one of which was as an executor as well as a general prosecutor. A decision that can be executed is only one that has permanent legal force and there are no more legal remedies. Prosecutors as law enforcement officers in carrying out their duties must be based on the applicable legal rules. Do not let the prosecutor violate rules that are not under their authority. Law enforcement officials who carry out executions must carry out the execution as quickly as possible and no criminal offender is executed late.

scholarly journals Pelaksanaan Pembina Keamanan dan Ketertiban Masyarakat di Kepolisian Sektor Tapung

2020 ◽  
Vol 20 (1) ◽  
pp. 65-86
Author(s):  
Masri
Keyword(s):  
Law Enforcement ◽  
Community Policing ◽  
Research Method ◽  
Cultural Factors ◽  
Legal Research ◽  
Applicable Law ◽  
Law Enforcement Officials ◽  
The Republic ◽  
National Police

The problem examined in this research is how is the implementation of Regulation of the Head of the National Police of the Republic of Indonesia Number 3 of 2015 concerning Community Policing on the main duties and functions and authority of Bhayangkara Community Security and Order in the Tapung Sector Police. This research method is carried out directly in the field according to the type of sociological legal research. The results showed that the implementation of regulations on Community Policing against the Tupoksi and the authority of Bhabinkamtibmas in the Tapung Sector Police has not achieved maximum results. Factors that hinder the implementation of regulations concerning Community Policing of the Tupoksi and the authority of Bhabinkamtibmas in the Tapung Sector Police are: applicable law, law enforcement officials, supporting facilities or facilities, community and cultural factors. Efforts taken are in the form of preventive and repressive measures.

scholarly journals The Corruption Eradication Commission's Strategy for Reducing Corruption Crime in Indonesia

2021 ◽  
Vol 3 (2) ◽  
pp. 339-352
Author(s):  
Puji Handoyo ◽  
Mufidah Mufidah
Keyword(s):  
Law Enforcement ◽  
Islamic Law ◽  
Legal Theory ◽  
Action Plan ◽  
Court Decisions ◽  
The Public ◽  
Political Alienation ◽  
Long Time ◽  
Law Enforcement Officials ◽  
The Republic

The existence of the Law on Eradicating Corruption (PPTK Law) became a hope for the Indonesian nation in eradicating corruption, but eradicating corruption cases continues to be difficult. Corruption is a disease that has infected the Indonesian people for a long time. Corruption has infiltrated all levels of government, including state-owned enterprises. This study investigates the risks of corruption to the Republic of Indonesia and the Corruption Eradication Commission's (KPK) strategy for reducing corruption in Indonesia. This study employs qualitative methods in conjunction with a literature and law approach. This study's data came from legislation, court decisions, legal theory, books, and legal journals. According to the findings of this study, the dangers of corruption in Indonesia resulted in four things: inefficiency, uneven distribution, stimulants (incentives) in an unproductive direction, and political alienation, community cynicism, and political instability. Strategies to reduce corruption through preventive efforts, such as law enforcement officials supervising various sectors, particularly the public sector, and establishing the National Action Plan to Eradicate Corruption (RAN-PK). Through education and religion, the prevention of criminal acts of corruption from the standpoint of Islamic law.

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.

scholarly journals ANALISA YURIDIS PENYIMPANGAN PENEGAKAN HUKUM PADA KONFLIK LAHAN DI PROVINSI JAWA TIMUR

Arena Hukum ◽  
2021 ◽  
Vol 14 (1) ◽  
pp. 42-66
Author(s):  
Teddy Putra ◽  
Keyword(s):  
Law Enforcement ◽  
Service Providers ◽  
Land Conflicts ◽  
Study Approach ◽  
The Supreme Court ◽  
Judicial Administration ◽  
Law Enforcement Officials ◽  
The Republic ◽  
Corrupt Behavior

Abstract This paper examines the deviations of law enforcement in land conflicts in East Java based on the decision of the Supreme Court of the Republic of Indonesia No.38/Pra.Pe /2015.PN.Sby (case of Notary Nora Maria Lidwina, SH). This empirical or socio legal research uses a case study approach. The results show that irregularities in law enforcement in land conflicts by public service providers and law enforcement officials are generally based on corrupt behavior and violations of ethical codes, such as abuse of power, maladministration, case brokers, accepting bribes from certain parties, violence, intervening in cases, and other human rights violations. Mitigation efforts are improving the law enforcement officers isntitutions; improving the judicial administration and justice management systems; imposing strict sanctions; conducting supervision; conducting a transparent service and treatment; socializing anti-corruption movement; and creating an anti-corruption culture and excellent public services.

scholarly journals Exixtence of Indonesian Advocate Profession

2018 ◽  
Vol 7 (3.21) ◽  
pp. 317
Author(s):  
M Zamroni ◽  
. .
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Code ◽  
Pecking Order ◽  
The Rule Of Law ◽  
The Supreme Court ◽  
Before And After ◽  
Law Enforcement Officials ◽  
The Law ◽  
The Republic

Hope to have legislation that specifically set while an umbrella in running materialize advocate profession, lawyers are more confident in addition to other law enforcement officials, such as judges, prosecutors and police, as well as respected as an equal partner in the law enforcement process. But the big question is how the existence of the profession of advocate Indonesia before and after the enlawment of Act Number 18 of 2003 concerning the Advocate, as well as any constraints that occur in their implementation. The rule of law relating to the profession of advocate before the enLawment of Act Number 18 of 2003 concerning The Advocate, scattered in various laws, such as Act Number 1 of 1946 on the Law of Criminal Code, Act Number 1 of 1950 on the Supreme Court, Emergency Act Number 1 of 1951 governing temporary measures to organize the unity of the pecking order and civil court events, and Herziene Indlandsch Regalement (HIR). Before the release of Act Number 18 of 2003 concerning Advocates, advocate the use of the term in prLawice there has been no standard for the profession. In various provisions of the legislation of any inconsistency pr. For example Act Number 14 of 1970, as has been replaced by Act Number 35 of 1999, and was replaced again by Act Number 4 of 2004 as well as the latter is replaced by Act Number 48 of 2009, regarding the power of Justice, to use the term legal aid and lawyers. Birth of the Act of the Republic of Indonesia Number 18 of 2003 concerning The Advocate is the expectation of a long delayed during the 58 years since the independence of the Republic of Indonesia, the laws governing the profession of advocate a free, independent and responsible for the implementation of a judicial honest, fair, and legal certainty for all seekers of justice in upholding the law, truth, justice, and human rights.  

scholarly journals ANALISIS YURIDIS PENGATURAN IDEAL PENINJAUAN KEMBALI PERKARA PIDANA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 34/PUU-XI/2013

2018 ◽  
Vol 5 (2) ◽  
Author(s):  
Agung Barok Pratama ◽  
Aminah . ◽  
Mohammad Jamin
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Judicial Review ◽  
Secondary Data ◽  
Court Decision ◽  
Constitutional Court ◽  
Court Decisions ◽  
Literature Study ◽  
Law Enforcement Officials ◽  
The Ideal

<p>Abstract<br />This article  discusses the ideal setting reconsideration after the Constitutional Court decision No. 34/PUU-XII/2013. This research is legal (judicial) normative, namely by reviewing library materials (literature study). Therefore, the data used in this research is secondary data, which includes the primary legal materials, secondary, and tertiary. The results of this study showed that realizing an ideal regulatory application for review should be conducted, first, the MA should retract SEMA 7 2014 it is necessary to avoid confusion law enforcement officials and people seeking justice so as to interfere with the judicial system. If want to make additional rules to facilitate the course of justice, the MA should be poured in the form of PERMA. Second, by accelerating the process of PK and execution. Thirdly, provision PK in the future submission must be adapted to the Constitutional Court decision No. 34/PUU-X/2013. That way the material truth and justice will actually be realized.</p><p>Keywords: Judicial Review; Justice; Rule of Law; Supreme Court Decisions.</p><p>Abstrak<br />Artikel ini meneliti tentang pengaturan ideal peninjauan kembali pasca putusan Mahkamah Konstitusi No. 34/PUU-XII/2013.Penelitian ini merupakan penelitian hukum (yuridis) normatif, yaitu dengan mengkaji bahan-bahan pustaka (studi kepustakaan). Karena itu, data yang digunakan dalam penelitian ini adalah data skunder, yang mencakup bahan hukum primer, skunder, dan tersier. Hasil Penelitian ini menunjukan bahwa, demi menwujudkan suatu peraturan yang ideal permohonan peninjauan kembali maka perlu dilakukan, pertama, MA harus menarik kembali SEMA No.7 Tahun 2014 hal ini ini diperlukan agar tidak terjadi kebingungan aparat penegak hukum dan masyarakat pencari keadilan sehingga dapat mengganggu sistem peradilan. Kedua, dengan mempercepat proses PK dan eksekusinya. Ketiga, ketentuan pengajuan PK kedepanya harus disesuaikan dengan putusan MK No. 34/PUU-XI/2013. Dengan begitu keadilan dan kebenaran materiil akan benar-benar dapat diwujudkan.<br />Kata kunci: Peninjauan Kembali, Keadilan, Kepastian Hukum, Putusan Mahkamah Agung</p>

scholarly journals The Replacement of Criminal Fine in Criminal Taxation

Yuridika ◽  
2019 ◽  
Vol 35 (1) ◽  
pp. 113
Author(s):  
Putri Ayu Wulandari ◽  
Mochammad Zaidun
Keyword(s):  
Law Enforcement ◽  
Legal Issues ◽  
Court Decision ◽  
Court Decisions ◽  
Legal Certainty ◽  
Legal Principles ◽  
Legal Reforms ◽  
Law Enforcement Officials ◽  
Legal Uncertainty ◽  
Financial Losses

The absence of provisions regulating the substitution of criminal fines in the KUP Law, raises legal uncertainty for law enforcement officials, especially prosecutors in executing court decisions. Considering the recovery of state financial losses that can be resolved by the consistency of court decisions, so the provisions in the KUP Law must meet the legal principles in criminal fines in criminal taxation acts. By not clearly stipulated the substitution of criminal fines in the KUP Law raises legal uncertainty. While substituting criminal fines in the KUP Law is only in the form of imprisonment. In practice, there are several forms of court rulings, there are substituting criminal fines with imprisonment, substituting criminal fines with confiscation of assets then auctioned to pay underpayment taxes, substituting criminal fines with confiscation of assets then auctioned to pay underpayment taxes if the convicted person does not have property that is adequate then replaced with imprisonment. The formulation of the legal issues in this study are: (1) the philosophy of substituting criminal fines in criminal acts in the taxation field, (2) Characteristics of substitution of criminal fines in criminal acts in the taxation field. The results of this study are expected to have a conceptual and legal reforms related to substituting criminal fines in criminal acts in the taxation field, so as to ensure legal certainty, justice and benefit, then the replacement of criminal substitute fines in criminal acts in the taxation field must be included in court decisions and followed up with execution of court decision by the Prosecutor as the executor.

scholarly journals Competency Standards for Law Enforcement Officials in Land Disputes Resolution Through General Court in Indonesia

2021 ◽  
Vol 4 (3) ◽  
pp. 12-24
Author(s):  
Rielly Lontoh ◽  
Ronny A. Maramis ◽  
J. Ronald Mawuntu ◽  
Abdurrahman Konoras
Keyword(s):  
Law Enforcement ◽  
Legal Certainty ◽  
Land Disputes ◽  
Law Enforcement Officials ◽  
Agrarian Law ◽  
The Relationship ◽  
Legal Force

The role of the judiciary, law enforcement officials in the resolution of disputes is important. The number of disputes is increased, many authorities in Indonesia produce multiple decisions with conflicting legal force making it difficult to execute. The purpose of the study was to find the standardization of competency of law enforcement officials, the relationship between the professionalism of law enforcement officials and legal certainty in the settlement of land disputes as mandated by Article 33 paragraph (3) of the 1945 Constitution and the Basic Agrarian Law Number 5/1960. Settlement of land disputes is achieved through the General Court and the Administrative Court. The existence of regulations regarding competency standards for law enforcement officials who handle land disputes for the sake of fair settlement of land disputes and legal certainty.

scholarly journals ANALISIS ALAT BUKTI YANG SAMA DALAM PERKARA PIDANA YANG BERBEDA (STUDI KASUS SETYA NOVANTO DALAM PUTUSAN PRAPERADILAN PENGADILAN NEGERI JAKARTA SELATAN NOMOR: 97/PID.PRAP/2017/PN.JKT.SEL)

2018 ◽  
Vol 1 (1) ◽  
pp. 74
Author(s):  
Alnan Marchelita Pradewi ◽  
Firman Wijaya
Keyword(s):  
Law Enforcement ◽  
Needs Analysis ◽  
District Court ◽  
Court Decisions ◽  
Criminal Cases ◽  
The Public ◽  
Judicial Decisions ◽  
Law Enforcement Officials

Evidence is the important instrument to decide criminal cases and Its began from investigation, prosecution, until court decisions. Evidence is arrange in article 184 and explanation of KUHAP. Police investigating to determine someone be a suspect or unknown through investigation about entanglement according to evidence any goods and the evidence available. In fact many law enforcement officials such as police used power revenue and their authority to quickly resolve the cases with no accordance to the procedure. Therefore to minimize those things law enforcement need supervision as pretrial. Pretrial have authority to judge about legal or failure arrest, detention termination investigation or termination prosecution; compensation and or rehabilitation for criminal cases stopped at the investigation or prosecution. Related to the verdict of South Jakarta District Court number 97/Pid.prap/2017/Pn.Jkt.Sel, judge Cepi Iskandar said that the same evidence cannot be used as evidence in other criminal cases brought many different polemics. Generally judge decide on criminal cases based to article 183 KUHAP and in fact many criminal cases was using the same evidence especially to cases with more than one defendant or participation cases. Judge Cepi Iskandar decision have given uncertainty law in the public, so it needs analysis and further discussion about the evidence and the consideration on that judicial decisions.

scholarly journals PENERAPAN PIDANA TERHADAP PENyALAH GUNA NARKOTIKA UNTUK DIRINyA SENDIRI

2017 ◽  
Vol 4 (1) ◽  
pp. 15
Author(s):  
Dahlan Dahlan
Keyword(s):  
Drug Abuse ◽  
Law Enforcement ◽  
The State ◽  
Court Decision ◽  
Criminal Sanction ◽  
Narcotic Drug ◽  
Law Enforcement Officials ◽  
The Republic ◽  
Sense Of Justice ◽  
Common Perception

Article 2 of Law Number 35 Year 2009 on Narcotics mentioned Narcotics Act based on Pancasila and the Constitution of the State of the Republic of Indonesia Year 1945. Subsequently Article 3 letter a mentioned Narcotics Act held based on keadilah. But in his enforcement does not describe the sense of justice. This research is normative juridical, that is method whichdescribes or exposes a fact systematically then its analysis is conducted by juridical by linking between data and facts obtained by analyzing court decision related to criminal sanction to perpetrator of narcotic crime and related with regulation of law applicable. In order to achieve a common perception in the application of narcotic drug abuse for himself by law enforcement officials, it is necessary to reconstruct Law Number 35 Year 2009 on Article 132 Paragraph (1) to be: Experiment or conspiracy to commit narcotic crime and narcotics precursor as referred to in Article 111, Article 115, Article 119, Article 120, Article 121, Article 122, Article 123, Article 124, Article 125, Articles 126, 127, And Article 129, the perpetrator shall be subject to the same imprisonment in accordance with the provisions referred to in those Articles

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