A Study on the Development of the KOREAN National Police Workers Union from a Criminal LAW Perspective

J-Institute ◽  
2018 ◽  
Vol 3 (1) ◽  
pp. 7-14
Author(s):  
Gun-woong Yeom ◽  
Keyword(s):  
Criminal Law ◽  
National Police

scholarly journals Grounds and Conditions for the Application of Restrictive Measures Applied to Persons who have Committed Domestic Violence

2021 ◽  
pp. 100-110
Author(s):  
Tetiana NIKIFOROVA
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Local Governments ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Restrictive Measure ◽  
The Law ◽  
Restrictive Measures ◽  
National Police

The grounds and conditions for the application of restrictive measures applied to persons, who have committed domestic violence, are provided in Art. 911 of the Criminal Code of Ukraine. It is established that in the science of criminal law there is a unanimous position that the basis for the application of restrictive measures under Art. 911 of the Criminal Code is the commission by a person of a crime related to domestic violence, and the conditions are: 1) sentencing a person not related to imprisonment; 2) release of a person from criminal liability on the grounds provided by the Criminal Code; 3) release of a person from punishment on the grounds provided by the Criminal Code. These conditions are alternative. The content of the concept of «crime related to domestic violence» is analyzed and it is established that it should be understood more broadly than the act provided for in Art. 1261 of the Criminal Code «Domestic Violence». It is proposed to add to Art. 911 of the Criminal Code a note explaining the meaning of the term «criminal offense related to domestic violence», where it is necessary to note that this concept is broader than the crime under Art. 1261 of the Criminal Code. The content of each of the conditions of application of restrictive measures is analyzed. It has been established that in the application of restrictive measures during the imposition of non-custodial sentences in practice there are problems with the interpretation of the relevant concept. It is proposed to clarify the meaning of the concept of «punishment not related to imprisonment» in Art. 911 of the Criminal Code. It is also established that the application of restrictive measures in releasing a person from criminal liability is a declarative norm and is subject to exclusion from the conditions of application of restrictive measures due to the incompatibility of the latter with the nature of exemption from criminal liability. The legislation clearly regulates the procedure for applying restrictive measures to persons released from serving a probation sentence. A number of problems that arise during the control over the behaviour of persons to whom restrictive measures have been applied by the probation authorities have also been identified. The solution to these problems is possible by harmonizing the provisions of the Criminal Code and the Law of Ukraine «On Probation», as well as other regulations governing the activities of probation bodies. It is proposed to refer the application of restrictive measures to supervisory probation, which will lead to a number of changes to the articles of the Law of Ukraine «On Probation» in terms of regulation of supervisory probation, to refer to probation subjects persons subject to restrictive measures, and to exclude the fact that it is assigned to a person released from serving a probation sentence, and in the regulations governing the development and implementation of probation programs to provide for their application to persons to whom restrictive measures have been applied. It is concluded that the probation body should be endowed with a coordinating function to implement all restrictive measures and it is necessary at the level of bylaws to establish a clear procedure for interaction of the probation body with the National Police, local state administrations and local governments to control the behaviour of individuals, which the appropriate restrictive measure is applied.

scholarly journals Effectiveness Through Crime Investigation Complaint Case Holds In Central Java Police Jurisdiction

2018 ◽  
Vol 1 (2) ◽  
pp. 323
Author(s):  
Yuniar Pradhana Mukti ◽  
Gunarto Gunarto
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Law ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
Central Java ◽  
Crime Investigation ◽  
National Police ◽  
Police Effectiveness

Problems of criminal law, especially the problem of crime, abuse and all kinds of acts that fall into the category of offense is now becoming one of the crucial problems and quite tricky to overcome. In line with the task of institution Indonesian National Police (INP) in an effort to maintain security and order and enforcement of justice citizens, then the effectiveness of the investigation and the disclosure of a criminal offense it is important to be maximized. The aim is to give meaning to the rule of law in Indonesia that provides fairness, expediency and legal certainty.Keywords: Criminal Law; Police; Effectiveness; Law Enforcement

COMPETENCE OF NATIONAL POLICE IN FAMILY PROTECTION FROM DOMESTIC VIOLENCE

2019 ◽  
pp. 206
Author(s):  
Marika Magaziņa
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Police Officers ◽  
Legal Aspects ◽  
Women And Children ◽  
The Republic ◽  
Victims Of Violence ◽  
Definition Of ◽  
National Police ◽  
Specific Definition

Domestic violence continues to be a global problem that kills and maims – physically, psychologically, sexually and economically. This problem is present in every country. Domestic violence is enshrined in the Civil Procedure Law of the Republic of Latvia, but there is no specific definition of domestic violence. The vast majority of victims of violence are women and children. Following sections of the Criminal Law of the Republic of Latvia are related to violence in general, not to domestic violence. There are no definitions of domestic/family violence in Latvian legislation. The purpose of this article: to identify problems which are connected with definition of the concept „domestic violence”, identifying procedural problems of its application, exploring the legal aspects of the legal action of national police officers in identifying domestic violence and identifying the most important problems.

Integration of Kalinga Indigenous Law in the Implementation of Modern Criminal Law in Tabuk City

2013 ◽  
Vol 5 (1) ◽  
Author(s):  
Pinky Larcelle D. Lang-Ay ◽  
Jessie Grace S. Martin ◽  
Joy Grace P. Doctor ◽  
James S. Guidangen
Keyword(s):  
Social Sciences ◽  
Criminal Law ◽  
Formal System ◽  
Descriptive Statistics ◽  
Legal Norms ◽  
Informal Justice ◽  
Indigenous Law ◽  
Linguistic Group ◽  
National Police ◽  
The City

In all societies, it is common for people to look to shared substantive norms to resolve problems rather than to resort to legal norms, whether or not there is also a strong formal system of law. The operations of both formal and informal justice systems should ideally be complementary. In the mountains of Cordillera, the Kalinga “Bodong” institution governs the lives of the Kalinga ethno linguistic group. This paper determined the agreement on the integration of Kalinga indigenous laws in the implementation of modern criminal law in the City of Tabuk, Kalinga. The study was conducted among the Personnel of the Philippine National Police stationed in Tabuk City during the period 2011-2012. Descriptive Statistics were used to analyze the research data. Interviews were also conducted to validate the data collected. The study revealed that the PNP Personnel strongly agreed on the integration of Kalinga indigenous law in the implementation of modern criminal law in Tabuk City but there are still problems that must be resolved in order to attain full integration. Based on the results of the study, it is recommended that some provisions should be amended to become relevant and complementary with the provisions of the laws of the land. Keywords - Social Sciences, Indigenous Laws, Kalinga Bodong, Northern Philippines

scholarly journals The Implementation Of Criminal Law To The Forester Of Land And Land Combustion In Blora Regency

2020 ◽  
Vol 3 (2) ◽  
pp. 275
Author(s):  
Solikun Ni'am ◽  
Akhmad Khisni ◽  
Lathifah Hanim
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Forest Fires ◽  
Public Awareness ◽  
Secondary Data ◽  
Analysis Method ◽  
The Public ◽  
Approach Method ◽  
Analytical Research ◽  
National Police

The problems discussed in this study are how is the enforcement of criminal law against the perpetrators of forest and land burning in Blora Regency, as well as the factors inhibiting the enforcement of criminal law against perpetrators of forest and land burning in Blora Regency and its solutions. The approach method used is normative juridical, descriptive analytical research specifications. The data used is secondary data. Data collection method is a field study. The data analysis method uses qualitative analysis. As a knife for analysis, law enforcement theory, justice theory and legal certainty theory are used. The results showed that criminal law enforcement against perpetrators of forest and land burning in Blora Regency was not running optimally. This is evidenced by the absence of investigative efforts carried out by PPNS and the National Police in the crime of burning forests and land, so that there has never been a case of forest fires that has been resolved through a criminal route. Law enforcement efforts are preferred through preventive measures. The inhibiting factors of criminal law enforcement against forest and land arsonists in Blora Regency are the factors of laws where there is disharmony of laws governing forest and land burning crimes, difficulties in finding perpetrators and witnesses, limited costs in investigating forest crime and land and lack of public awareness. The solution to overcome these obstacles is to make criminal law the last resort in enforcing forest and land burning laws, not continuing forest fire cases to the investigation stage, and conducting socialization to the public about preventing forest and land burning.Keywords: Criminal Law Enforcement; Forest And Land Burning.

scholarly journals FUNGSI SENTRA PENEGAKAN HUKUM TERPADU (GAKKUMDU) DALAM PENEGAKAN HUKUM TINDAK PIDANA PEMILU TAHUN 2019 DI KABUPATEN CIANJUR

2021 ◽  
Vol 1 (2) ◽  
pp. 116
Author(s):  
Budi Nuryanto
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Supervisory Board ◽  
Legal Certainty ◽  
National Police

ABSTRAKPemilihan yang dilakukan di Indonesia, dalam penyelenggaraannya, terdapat banyak permasalahan dan pelanggaran. Permasalahan permasalahan tersebut tentunya perlu adanya penyelesaian dari pihak-pihak yang harus bertanggung jawab secara professional, yaitu dengan adanya Sentra Penegakan Hukum Terpadu (GAKKUMDU). Sentra Penegakan Hukum Terpadu, adalah forum yang dibentuk guna untuk menangani pelanggaran secara cepat. Sentra Penegakan Hukum Terpadu adalah Forum Badan Pengawas Pemilu/Panitia Pengawas Pemilu, Polri dan Kejaksaan di tiap angkatan yang dibentuk sejak Pemilu Tahun 2004. Metode Penelitian yang digunakan adalah yuridis normatif, yaitu penelitian hukum yang dilakukan dengan cara meneliti bahan pustaka atau data sekunder sebagai bahan dasar untuk diteliti dengan cara mengadakan penelusuran terhadap peraturan-peraturan dan literature-literatur yang berkaitan dengan permasalahan yang diteliti.  Sentra Penegakan Hukum Terpadu (GAKKUMDU), dibentuk guna mengefektifkan  koordinasi antara institusi yang terlibat dalam penanganan pelanggaran maupun kejahatan dalam tahap tahapan Pemilu. Sentra Penegakan Hukum Terpadu Kabupaten Cianjur dalam kerangka Penegakan Hukum Pidana Tindak Pidana Pemilu guna memberikan kepastian hukum bagi masyarakat.ABSTRACTElections conducted in Indonesia, in the implementation, there are many problems and violations. These problems certainly need to have a settlement from the parties that must be responsible professionally, namely by the existence of The Integrated Law Enforcement Center, is a forum formed in order to deal with violations quickly. The center for Integrated Law Enforcementmi The Election Supervisory Board Forum/Election Supervisory Committee, the National Police and The Prosecutor’s office in each force, established since the 2004 Elections. A bases for research by conducting a search of the rules and literature relating to the problem under study. The Integrated Law Enforcement Center (GAKKUMDU) was formed to make coordination between institutions involved  in handling violations and crime both in stages and in the elections process. Integrated Law Enforcement Center Kabupaten Cianjur in the framework of Election Criminal Law Enforcement in order to provide legal  certainty for the community. 

scholarly journals Promising directions of scientific research on the issues of operational-search combatting mercenary and violent crimes in Ukraine

2020 ◽  
Vol 4 (4) ◽  
pp. 256-263
Author(s):  
Maryna Voloshyna
Keyword(s):  
Criminal Law ◽  
Scientific Research ◽  
Legal Regulation ◽  
Scientific Development ◽  
Search Activity ◽  
Violent Crimes ◽  
Current State ◽  
Points Of View ◽  
National Police ◽  
Personal Research

The article deals with issues of scientific elaboration of the problems of counteracting mercenary and violent crimes in Ukraine and the main directions of their scientific research. The article analyzes the main provisions of modern scientific developments in the field of criminal law, criminology, criminalistics, the theory of operational-search activity. The author, based on the analysis of existing points of view, the results of personal research, expresses his attitude to the aforementioned issue and proposes qualitatively new approaches to defining promising areas of scientific research on the issues of operational-search counteraction to mercenary and violent crimes in Ukraine. It is determined that the purpose of the article is to analyze the current state of scientific development of problems of operational and investigative counteraction to mercenary and violent crimes in Ukraine and outline promising areas of research on operational and investigative counteraction to mercenary and violent crimes in Ukraine in modern conditions. In the article the author analyzes in detail the scientific works of domestic scientists of different times on various aspects of combating mercenary and violent crime. In particular, issues of criminal law, criminology, forensic, criminal procedure and operational and investigative nature are studied. It is noted that in the territory of independent Ukraine a large number of scientists have studied the problematic issues of operational and investigative counteraction to mercenary and violent crimes both at the level of dissertations and at the level of scientific articles and textbooks. The author argues that the study of dissertations and monographs in recent years indicates a lack of general theoretical and organizational and tactical issues of operational and investigative counteraction to mercenary and violent crimes in Ukraine. Today remain: undefined and undeveloped: issues of normative-legal regulation of operative-search counteraction to mercenary-violent crimes; determining the features of operational and investigative characteristics of mercenary and violent crimes in Ukraine; content and direc-tions of improvement of information-analytical support of operative-search counteraction to mercenary-violent crimes; directions of internal and external cooperation of the National Police units in combating mercenary and violent crimes in Ukraine; tactical features of operational and investigative measures to combat mercenary and violent crimes in Ukraine, etc.

scholarly journals The Formulation Of Community Policing Strategy To Settle Criminal Cases (Within community policing perspective)

2018 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Dody Eko Wijayanto ◽  
Koesno Adi ◽  
Masruchin Rubai
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Community Policing ◽  
Justice System ◽  
The Other ◽  
Criminal Cases ◽  
Policing Strategy ◽  
A Minor ◽  
National Police

It is stipulated in the Criminal Law that only crime by accusation can be abrogated. On the other hand, common criminal cases must be processed within criminal justice system although it is only a minor legal offense. However, reality shows that minor legal offenses have often been put into a crime trial and community has often reacted against such a practice. This stimulates crime investigators to invent more peaceful ways to settle minor legal offenses although such ways are not acknowledged in criminal laws. Therefore, the Indonesian National Police have searched for a breakthrough to settle minor offenses by applying ADR in the form of penal mediation which puts the formulation of community policing strategy as the leading elementKeywords : Formulation, Community Policing, Settle Criminal

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