Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

scholarly journals KENDALA DALAM PELAKSANAAN PENEGAKAN HUKUM TERHADAP PRAKTIK PARANORMAL SEBAGAI TINDAK PIDANA

2018 ◽  
Vol 1 (1) ◽  
pp. 1908
Author(s):  
Yusi Permatasi ◽  
Yuwono Prianto
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Legal Structure ◽  
The Law

In Society, Paranormal practices is considered as common things. Paranormal Practices is used for any good and also for crime, so to cope with the activities, government had regulated the act to control the crime by using paranormal background. The paranormal practices have been included as criminal acts. It has regulated in article 545 and article 546 of the criminal law act and set on as supernatural powers activity. As time passes, there are constraint in the alleviation law it’s law enforcement. This research was done with empirical or law sociological point of view, where Lawrence M. Friedman state that the elements of the legal system consist of Legal Structure, Legal Substance, and Legal Culture. The result of this research is the paranormal practices are differentiate by it used which is good or bad. The bad paranormal practices cause loss for society. This gave rise to uncertainty of law enforcement on the paranormal practices, therefore it need a deep research which is not only from the law enforcement point of view, but also the religious and cultural represented by figure.

scholarly journals POLITIK HUKUM LINGKUNGAN HIDUP DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP

FIAT JUSTISIA ◽  
2016 ◽  
Vol 9 (2) ◽  
Author(s):  
Dani Amran Hakim
Keyword(s):  
Environmental Management ◽  
Law Enforcement ◽  
Environmental Pollution ◽  
Legal System ◽  
Deterrent Effect ◽  
Environmental Damage ◽  
Law Enforcement Agencies ◽  
Environmentally Sustainable ◽  
The People ◽  
The Law

The legal political environment in Indonesia in terms of protection, management and control of environmental pollution in Indonesia and to investigate the implementation of environmental pollution control and law enforcement in Indonesia. the results of the study stated that the renewal law of Environmental management is influenced by a variety of development changes occurring in society, such as the influence of the era of democratization, industrialization, advancement of science and technology and the rise of the welfare demands of various parties. Political aspects contained in the politics of Law Number 32 of 2009 on the protection and management of the environment has not been run in accordance with the legal political objective, because there are natural resources that can not be utilized for the prosperity and welfare of the people. It is also still a lot of water pollution, air pollution, deforestation and other actions of the parties who damage the environment. It is necessary to implement environmental management to preserve the environment and develop skills which are harmonious, consistent and balanced in order to support the implementation of the development of environmentally sustainable. Law enforcement agencies in understanding the perceived environmental legal system are still experiencing difficulties. Lack of understanding of the law enforcement officers will cause rules is formed in one unified national legal system will deviate from the direction of the political objectives of the law. The need for clear law enforcement for the doer / destroyer of the environment in order to create a deterrent effect and between 3 penalties (criminal, civil and administrative) is not overlapping. Law enforcement difficult because of the difficulty of proving and determining the standard criteria of environmental damage. Keywords: Legal Politic, Environment, The Act Number 32 years 2009 on The Protection and Environmental Management

scholarly journals Frontline Response to High Impact Domestic Violence in Portugal

2021 ◽  
pp. 215-238
Author(s):  
Paulo Machado ◽  
Lúcia G. Pais ◽  
Sérgio Felgueiras ◽  
Carina Quaresma
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Criminal Law ◽  
High Impact ◽  
Law Enforcement Agencies ◽  
Social Transformations ◽  
National Network ◽  
The Law ◽  
The Government

There have been profound social transformations in Portugal in the last 50 years. Portugal currently adheres to the international and European agenda to prevent domestic violence. In the chapter the Portuguese legislation and the reporting figures regarding domestic violence, the role of the Law Enforcement Agencies, other first responder agencies, and pertinent stakeholders in responding to high impact domestic violence, as well as the National Network for the Support of Victims of Domestic Violence, are addressed. The authors also discuss good practices and significant challenges. Two of these are intertwined – none of them is quickly addressed, nor can they be addressed by themselves. One is developing a collective attitude that considers domestic violence as unacceptable behaviour, besides being punished by the criminal law. The other is directly posed to the law enforcement agencies and has to do with the increasing complexity of the operational procedures (derived from the new tools presented by the government recently). The problem of elites provoking social change on a superlative level is to forget that adopting new social models is not achieved by decree but through social influence processes, which takes time.

scholarly journals The Coordination of Activities of the Law Enforcement Agencies in the Fight Against Crime

Legal Concept ◽  
2021 ◽  
pp. 26-32
Author(s):  
Ekaterina Azarova ◽  
Vyacheslav Vnukov
Keyword(s):  
Law Enforcement ◽  
Organizational Support ◽  
System Analysis ◽  
Criminal Activity ◽  
Point Of View ◽  
Theory And Practice ◽  
Russian Society ◽  
Legal Analysis ◽  
Law Enforcement Agencies ◽  
The Law

Introduction: in modern Russian society, the fight against crime requires the legislative regulation. Crime is a multifaceted phenomenon that is becoming more complex in parallel with the development of society. Its growth makes it necessary to research the fundamentals of the theory and practice of coordinating the activities of the law enforcement agencies in the fight against crime. The important factors from the point of view of the state of coordination activities are their proper organizational support, the development of the right strategies and tactics when performing the necessary actions, as well as their effective use by the law enforcement agencies to curb criminal activity. The authors of the paper set the goal of the study, which is to analyze the coordination activities of the law enforcement agencies in the fight against crime. Methods: the methodological framework for the research is the dialectical-materialistic method of cognition, which includes the elements of system analysis, and the specific scientific methods, such as the logical and legal one. Results: based on the legal analysis, the content of coordination activities as the effective coordinated actions in the fight against crime is revealed. Conclusions: it is revealed that there is a need to adopt a special law aimed at improving the status of prosecutors in the framework of these coordination activities.

scholarly journals PERLINDUNGAN HUKUM TERHADAP WHISTLEBLOWER DI INDONESIA: SINERGI ANTARA UNITED NATIONS CONVENTION AGAINST CORRUPTION DAN HUKUM NASIONAL TENTANG PERLINDUNGAN SAKSI DAN KORBAN

2016 ◽  
Vol 32 (1) ◽  
Author(s):  
Ratna Juwita
Keyword(s):  
Law Enforcement ◽  
United Nations ◽  
Legal System ◽  
Legal Protection ◽  
The State ◽  
Law Enforcement Agencies ◽  
United Nations Convention ◽  
Victim Protection ◽  
The Law ◽  
Criminal Legal System

AbstractIndonesia ratified the United Nations Convention against Corruption (UNCAC) through the Law number 7 of 2006. Article 33 of the UNCAC legally obliges the State Parties to provide protection to whistleblowers. The existence of whistleblower is pivotal to uncover the hidden practices of corruption. Anti-corruption strategy encourages whistleblowers to unveil corrupt practices to the law enforcement agencies and public. Due to this task, therefore, whistleblowers must be protected from any kind of retaliation. Indonesia has the Law number 13 of 2006 juncto the Law number 31 of 2014 concerning witness and victim protection which regulates the protection of whistleblower in the Indonesian criminal legal system. This paper analyzes existence of legal protection for whistleblowers in the respective provisions which contained within the Law number 13 of 2006 and the Law number 31 of 2014, specifically on anti-retaliation protection by analyzing the synchronization of the law with Article 33 of the UNCAC. The provisions of national law vis-à-vis with the provisions of UNCAC concerning whistleblower protection, the national law has not provided best protection to whistleblower yet due to the possibility of retaliation be made against the whistleblowers that is not regulated by the national law.Keywords: Indonesia, corruption, whistleblower, United Nations Convention Against Corruption.IntisariIndonesia meratifikasi United Nations Convention Against Corruption (UNCAC) melalui Undang-undang Nomor 7 Tahun 2006. Pasal 33 UNCAC memberikan kewajiban hukum bagi Negara Pihak untuk menyediakan perlindungan terhadap para whistleblowers. Eksistensi whistleblower merupakan hal yang sangat penting untuk membuka praktek tersembunyi korupsi. Strategi anti-korupsi memberikan dorongan bagi para whistleblower untuk membuka praktek-praktek korupsi kepada penegak hukum dan masyarakat. Oleh karena tugasnya tersebut, para whistleblower harus dilindungi dari segala bentuk tindakan pembalasan. Indonesia memiliki Undang-Undang Nomor 31 Tahun 2014 tentang Perubahan atas Undang-Undang Nomor 13 Tahun 2006 tentang Perlindungan Saksi dan Korban  yang di dalamnya mengatur perlindungan terhadap whistleblower dalam sistem hukum pidana Indonesia. Tulisan ini menganalisis eksistensi perlindungan hukum bagi whistleblower dalam pasal-pasal tentang perlindungan whistleblower dalam Undang-Undang Perlindungan Saksi dan Korban, secara spesifik pada perlindungan terhadap tindakan pembalasan dengan menganalisis sinkronisasi hukum terhadap Pasal 33 UNCAC. Pasal-pasal dalam hukum nasional vis-à-vis dengan Ppasal UNCAC tentang perlindungan terhadap whistleblower, hukum nasional belum mampu menyediakan perlindungan terbaik bagi whistleblower dikarenakan adanya kemungkinan untuk dilakukannya tindakan pembalasan terhadap whistleblower yang belum diatur dalam hukum nasional.Kata kunci: Indonesia, korupsi, whistleblower, United Nations Convention Against Corruption.

scholarly journals The Dispute Settlement Model of Regional Head Election Perspective Theory of Legal System in Indonesia

2017 ◽  
Vol 5 (1) ◽  
pp. 97-106 ◽  
Author(s):  
Dedi Mulyadi ◽  
Tanti Kirana Utami
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Dispute Settlement ◽  
Descriptive Analysis ◽  
Legal Culture ◽  
Law System ◽  
Perspective Theory ◽  
The Law ◽  
The Moment ◽  
Electoral Law

The effectiveness of law enforcement depends on three law aspects; those are the structure of law, the substance of the law, and legal culture. Law structure is about the law enforcers, law substance is about the legislative means, and law culture is about a living law adopted by society. This study defines the background of simultaneous regional head elections in Indonesia, the problems of the simultaneous regional head elections in Indonesia, and the implementation of legal system theory to solve the simultaneous regional head election problems in Indonesia. The research method used is normative juridical with the specification of descriptive analysis research. The result of the research is needed permanent law structures that cover (Election Police, Election Prosecutor, Election lawyer, and Election Jury), the law substance through the issuing of general regulations (lex general) which can integrate the Laws of Legislative, Presidential, and Regional Head Elections (lex specialist) and the legal culture of society as human behavior (including the legal culture of law enforcement officers) on the electoral law and law system that are in force at the moment.

scholarly journals Crime and Punishment in coplas of cante flamenco

2021 ◽  
pp. 168-181
Author(s):  
Tatiana Mikhailovna Balmatova
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Common Ground ◽  
Physical Punishment ◽  
Russian Language ◽  
Law Enforcement Agencies ◽  
Crime And Punishment ◽  
The Law ◽  
Xix Century

The XXI century, marked by numerous achievements in various fields, became the time of systematic arrangement of not only cante flamenco, but the law enforcement agencies and procedures in Spain as well. These phenomena, which at first glance have no common ground, appear to be inextricably entwined, since in the folklore of Southern Spain are often mentioned the committed crimes and the imposed punishments. The object of this research is the coplas of cante flamencto that contain information about crimes against ethnic groups, prison conditions, family visits procedure, death penalty, correctional labor, physical punishment and other aspects of being in the penitentiary institutions of that time and interaction with the judicial and legal system. The subject of this research is the law enforcement and penitentiary practices in Spain of the XIX centuries. The texts of cante flamenco have not been translated into the Russian language; only some of them drew the attention of domestic researchers, which defines the relevance of conducting interdisciplinary research dedicated to the historical records on the judiciary, prisons and law enforcement practice in Spain of the XIX century, which were contained in coplas of cante flamenco. The goal of this article lies in determination of peculiarities of delivering information related to crimes and punishments in coplas of cante flamencto, and its correspondence to the historical realities of that time. The research is based on the cante flamento colletcions of A. Machado-Alvarez and M. Balmaceda published in 1881. It is established that the lyrics of flamenco songs accurately reflect the difficulties and flaws in various aspects of functionality of the judicial and legal system and penitentiary institutions during their integration into the state system.

scholarly journals PENEGAKAN HUKUM LINGKUNGAN DALAM BIDANG PENGELOLAAN SAMPAH SEBAGAI PERWUJUDAN PRINSIP GOOD ENVIRONMENTAL GOVERNANCE DI KOTA SURAKARTA

2015 ◽  
Vol 93 ◽  
Author(s):  
Rosita Candrakirana ,
Keyword(s):  
Environmental Management ◽  
Law Enforcement ◽  
Waste Management ◽  
Legal System ◽  
Environmental Governance ◽  
Legal Research ◽  
Healthy Environment ◽  
Community Awareness ◽  
The Law ◽  
The Government

<h3>Abstract</h3> <p><em>Waste management still be a problems which not yet solved. This research aims to study the problems in waste management in Surakarta. It was a doctrinal/normative legal research using the statute approach, which then analyzed qualitatively. There are laws correlated to waste management in Indonesia, they are Law number 18 Year 2008 on Waste Management, Law No. 32 of 2009 on the Protection and Environmental Management, and some more. The law enforcement in waste management refers to as known as legal system i.e. structure, substance, and culture. There are two kinds of waste management law enforcement; preventive and repressive way. The effectiveness on the enforcement refers to the combination of structure, substance, and law cultures of the community. The effective law enforcement on waste management also indicates the commitment of the government, both local and national, in applying the principles of Good Environmental Government in order to build community awareness on good and healthy environment.</em></p> <p><strong><em>Keywords: </em></strong><em>Effective law enforcement, waste management</em></p> <p><em> </em></p> <h2>Abstrak</h2> <p><strong> </strong></p> <p>Pengelolaan sampah saat ini masih menjadi permasalahan yang belum terselesaikan. Penelitian ini bertujuan untuk mengkaji permasalahan dalam pengelolaan sampah di Surakarta. Penelitian ini adalah penelitian hukum doktrinal/normatif dengan pendekatan perundang-undangan. Data dikumpulkan dengan studi kepustakaan, kemudian dianalisis secara kualitatif. Terdapat beberapa peraturan perundang- undangan yang mempunyai korelasi dengan pengelolaan sampah di Indonesia yaitu Undang-Undang No. 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup dan beberapa undang-undang lainnya. Penegakan hukum dalam pengelolaan sampah mengacu pada 3 sistem hukum yang merupakan gabungan dari komponen-komponen yaitu struktur, substansi, dan budaya. Selain itu berkaitan dengan penegakan hukum dalam pengelolaan sampah dapat dikaji dari 2 sisi yaitu penegakan hukum secara preventif dan represif. Penegakan hukum dalam pengelolaan sampah juga menjadi sebuah perwujudan pemerintah maupun pemerintah daerah dalam menerapkan prinsip Good Environmental Governance dengan tujuan akan menumbuhkan kesadaran bagi masyarakat akan lingkungan hidup yang baik dan sehat.</p> <strong>Kata kunci : </strong>penegakan hukum, pengelolaan sampah

scholarly journals Intrusion of international law into the national legal system

2021 ◽  
Vol 5 (1) ◽  
pp. 40-57
Author(s):  
V. F. Anisimov ◽  
Yu. V. Truntsevskiy
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Legal System ◽  
The State ◽  
Point Of View ◽  
Legal Systems ◽  
Foreign Law ◽  
National Legal System ◽  
International Obligations ◽  
The Law

The subject of the research is the peculiarities of the implementation of international law in national legal systems, the law enforcement practice of the implementation of international legal obligations of the state, doctrinal approaches to the interaction of the norms of international and domestic law. The purpose of the article is to confirm or disprove the hypothesis that the limits, forms and methods of the ex-ante intrusion of international law into the national legal system are determined not only as a result of the agreed will of States, but also against such will, under the influence of the interests of individual States or their political blocs that occupy a dominant position in an international organization. Methodology. The authors use such general theoretical and specific scientific methods as comparative analysis, generalization, interpretation and classification as well as systemic analysis and formal logical methods. The main results. The forms and methods of intrusion of international law into the legal systems are diversified. International law is not limited to interstate relations. Global processes require the development of new scientific approaches to understanding the processes of intrusion of international law into the legal systems of States. These processes require the study of the forms and methods of the impact of international law and international institutions on the national legal order. States are sometimes forced to implement measures developed in the international implementation mechanism (due to the need for international financial assistance as well as the inability to single-handedly defeat internal corruption, create a favorable international image, etc.). The international legal invasion exist already ex – post through the decisions of international judicial bodies or the assertive recommendations of international organizations. Their demands are made not just to comply with international obligations, but to change national legislation. The implementation of the norms of international law in national legal systems should be carried out at the domestic level just as much as it is necessary to fulfill these international obligations. The law enforcement practice in the state is based solely on national principles of law, and it is unacceptable to comply with the requirements from the outside to change them from the point of view of the independence of the state. It is the exclusive right of each State to determine the content of acts of interpretation of international bodies in relation to the decisions and actions of specific States from the point of view of their national interests. We prove that every state has the important right to determine the limits of the invasion of international law in their national legal system: the contents of implementing legislation; the completeness of implementation of the decisions and recommendations of international bodies and courts; the recognition of the extraterritorial validity of foreign law and forms of its implementation. Conclusions. The fundamental principle of international law- pacta sunt servanda – is transforming into a practical imperative – national legislation must change. This is due to the recognition of the jurisdiction of international judicial bodies. This is due to the extraterritorial effect of foreign law; it is connected with the transnational character of the law of international integration entities. This is due to the inability of individual States to resist exponential corruption. The continuous nature of the intrusion of international law into national legal systems is reflected in the various methods of such interference. The article proves the importance of each state having the right to independently determine the limits of the intrusion of international law into their national legal system.

scholarly journals Actual problems of formation of legal culture in Ukraine at the present stage

2020 ◽  
pp. 79-87
Author(s):  
Makarenko Larysa
Keyword(s):  
Legal System ◽  
Professional Training ◽  
Legal Culture ◽  
Scientific Article ◽  
Legislative Process ◽  
Clear Understanding ◽  
Legal Development ◽  
The Law ◽  
The Government

Introduction. The scientific article analyzes the features of legal culture of Ukraine, which is in the status of a national legal culture has absorbed not only by a common legal culture, but also special about it and specific to a given legal culture. Provided that there are no two identical legal systems, and no two identical legal cultures. Each national legal culture is developing in a separate society, which has its own cultural characteristics, its own history, develops in particular natural and historical conditions; and that primarily is due to the specificity of state-legal development of society, and therefore the specifics of the national legal culture. Noted that the peculiarities of formation and development of legal system of Ukraine at its initial stage are the objective factors that significantly influenced the development of legal culture of Ukraine, and with it – at the societal, group and individual perception of the new law in the minds of the people and their choice of the relevant legal values. It is argued that under adverse and highly controversial economic, social and state-legal development of Ukraine in the early 90-ies, national legal culture is acquired not progressive, and chaotic and even regressive trend of its development. By the authorities to attempt to reform society, including the state and legal reform, led mainly to the opposite effect, to the increasingly obvious destruction of the system of state administration and legal system, to the denial of the principle of legality and criminality, corruption, and systematic disregard for and violations of the ruling subjects of human rights. Therefore, instead of approval in public life generally accepted legal values in Ukraine today questioned the value of the law and legal nihilism entered level generally threatening the company's existence. The aim of the article. To find out the problems of the formation and development of legal culture in Ukraine, taking into account certain aspects of it to cover them in this article. Results. When talking about the formation of legal culture, it is noted in the literature, apparently, mean measures that create for this process, the necessary conditions, providing the opportunity to the highest degree manifest objective factors that should serve as a conditions of development of legal culture of a society in transition. However, the objectivity of the process of formation of legal culture of society does not mean elimination of human factor from the process. It is also alleged that in the professional legal culture on the legal culture in Ukraine, a special place belongs to the legal culture of lawmakers because of the level of their professional training, legal culture depends on the quality of laws, the timely and proper amendments and additions to the existing legislation with a view to its improvement. The actions of the lawmakers form the authority of the government, contribute to a proper understanding of the law, the observance of the current legislation. For legislative success is essential continuous professional legal culture of direct participants. As shown by practical experience, a high level of professional legal culture of the participant of the legislative process reaches the combining of the two requirements. The first involves the education of the participant of the legislative process, his personal conviction of the need of observance of laws in everyday life. The second is directly connected with the process of obtaining the quality of professional knowledge regarding the mechanism of creating laws and the legal system and develop skills to professionally apply that knowledge. Conclusions. The authors mainly focus not on the characteristics of the development and current state of national legal culture and on various aspects of relations "society-state" in whose context also refers to the legal culture in its private manifestations, and expressed opinions relative to problems of formation in Ukraine of a higher level or better quality of legal culture. But without a clear understanding of the specific and the real state of the national legal culture of Ukraine can not develop the necessary tools and levers of formation of legal culture necessary for the effective functioning of the national legal system.

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