scholarly journals The Paradigm of Progressive Judge’s Decision and Its Contribution to Islamic Legal Reform in Indonesia

2021 ◽  
Vol 15 (2) ◽  
pp. 249-262
Author(s):  
Suad Fikriawan ◽  
Syamsul Anwar ◽  
Misnen Ardiansyah

All this time, both in academic discourse and the reality of legal practice in the field tend to show a lack of attention to the rule of judges as an instrument of legal reform. Generally, the law is regarded as the main instrument of legal reform. Therefore, instilling an understanding of the law enforcement officers, especially the judges through their decision, is a very urgent thing to do. The main issue to be discussed in this paper is: How is the contribution of the Judge's decision to legal reform in Indonesia? This study used the perspective of the School of Sociological Jurisprudence, mainly the philosophical mind of Roscoe Pound. The results of this study show that the effort to make a judge's decision as a means of legal reform is a necessity. This can be realized through a progressive legal paradigm. The presence of a progressive legal paradigm is very important in order to give birth to a progressive type of judge who has a legal decision that qualifies maturity of law. The product of a progressive judge's decision is expected to become a jurisprudence that can be used as a reference in solving the next case so that judges will be able to make the law, not merely as a tool of social control as well as a tool of social engineering. These conceptions of legal function are essentially about to reveal that the nature of the law is dynamic rather than static. The legal philosophy of the sociological jurisprudence school offers a holistic understanding and a holistic view of the law, that is, the law applied must pay attention to the values, the living law, and the local wisdom of society. This holistic understanding of the law will ultimately be able to unify the law and society as its sociological basis.

2019 ◽  
Vol 1 (2) ◽  
pp. 92-103
Author(s):  
Purwadi Wahyu Anggoro

ABSTRACT Objectives: This article aims to explain the causes of criminal acts of violence that occur in cases of violence involving the masses and explicate the concept of preventing violent crimes involving masses who have a transcendental paradigm. Methodology: This research was qualitative nondoctrinal research. The strategy of applying Preventive Law with a Transcendental paradigm as a concept of preventing criminal acts of mass violence with religious nuances is as a way to reduce the emotions of the masses and eliminate the intention of the masses to commit acts of violence. The sources of data were in the form of research and interviews of cases of mass violence. The data analysis used interpretation techniques based on the (premise) stage of mass violence, according to Niel Smelser and transcendental preventive patterns in accordance with the literature reviews of books and scientific journals. Results: The results showed that violence is an act against the law (onrechtmatige daad), where it is the human state of nature. In the crowd, people will imitate other people's actions, lose control, and take aggressive actions. The law is a tool for social engineering to prevent crime, maintain an orderly society, and provide protection for citizens. Law enforcement is prioritized using soft methods (the soft hand of society) to prevent violence from happening with a transcendental paradigm approach to restoring human nature, according to Surah Ali Imran (3) paragraph 110, namely amar ma'ruf, which contains transcendental ethical values. Functions: This research is useful in the implementation of the Transcendental Preventive Law for law enforcement officers, in this case, the National Police, as an effort to break the 4th stage, namely the stage before triggering incidents occur. It is intended that at the time of mass violence, the Preventive Transcendental Law can cool down the emotions of the masses while at the same time restore human awareness that peace, compassion, and the world and its contents are a gift that must be accountable to God Almighty. Originality/Novelty: Transcendental Preventive Law is an effort to prevent violent crime in mass violence that is based on transcendental principles, by giving a religious touch to remind the masses that violence is a sinful act and to remind the existence of God Almighty. 


Mathematics ◽  
2020 ◽  
Vol 8 (10) ◽  
pp. 1806 ◽  
Author(s):  
Zhenyu Zhang ◽  
Jie Lin ◽  
Huirong Zhang ◽  
Shuangsheng Wu ◽  
Dapei Jiang

The phenomenon of the judgment debtor evading the execution of legal documents and concealing his property by improper means has become increasingly prominent in China, which seriously affects the realization of the people’s legitimate rights and interests. To protect the legitimate rights and interests of the people, it is necessary to study the law enforcement possibility evaluation of judgment debtors and quickly judge which judgment debtor is likely to complete the legal documents. A novel hybrid TODIM (an acronym in Portuguese for Interative Multi-criteria Decision Making) method for evaluating the law enforcement possibility of judgment debtors is developed. The main idea of the hybrid TODIM method is to obtain the relative possibility value of judgment debtors by comparing the attribute values between two judgment debtors and aggregating all the attributes’ differences. The result shows that the hybrid TODIM method fully considers the psychological and behavioral factors of the law enforcement officers in the evaluation process. The evaluation result is more in line with the law enforcement officers’ experience in handling execution cases. Compared with the hybrid TOPSIS (technique for order preference by similarity to ideal solution) method, the hybrid TODIM method is more suitable for solving the problem.


Yuridika ◽  
2017 ◽  
Vol 32 (1) ◽  
pp. 17
Author(s):  
Bastianto Nugroho

The trial of a criminal case is to find out whether a criminal offense has occurred in an event, therefore in the most important criminal proceedings the proceedings are proved. Evidence is a problem that plays a role in the examination process in court because with this proof is determined the fate of a defendant. The legal function in the State of Indonesia is to regulate the order of society in the life of the nation and the state, whereas the violation of the law itself is an event that must exist in every society and is impossible to be eliminated absolutely, because violation of law is an integral part of development More complex. One of the provisions governing how the law enforcement officers carry out the task in the field of repressive is the criminal procedure law which has the purpose of searching and approaching material truth, the complete truth of a criminal case by applying the provisions of criminal procedure law honestly darn precisely with The purpose of finding out who the perpetrator can be charged with is a violation of the law. 


2019 ◽  
Vol 2 (2) ◽  
pp. 129-143
Author(s):  
Citra

Children are the next generation of the nation, the existence of children is very important because the child is a potential fate of the nation as well as a mirror attitude of life of the nation in the future. A child who is a superior seed and has the widest hope to prepare for his future as a milestone of success of a nation in the future should not fall in the world of evil. It is unfortunate that children at an early age have been involved in criminal offenses and past their youth behind bars, increasingly contaminated with other inmates. This research was empirical legal research, that is the research on the provisions of the legislation in the national law concerning restorative approach in the imposition of action sanctions against children in conflict with law in order to keep children away from imprisonment and negative stigma in society . Addressing the issue of a child in conflict with the law should be done in a familial approach and avoiding children from prison as much as possible. The sanction of action for the child contained in Article 82 of Law Number 11 of 2012 on Criminal Justice System for Children expected to prevent the child from the negative stigma in society and keep the children from bad effects of prison. Thus the current restorative model of punishment is more applicable in handling child offenders. It is expected that law enforcement officers to pay attention to the provisions of the rules that apply to children in conflict with the law in terms of imposition of more sanctions toward education and character development of children so that the threat of imprisonment becomes the last alternative in imposing sanctions for children


Legal Concept ◽  
2020 ◽  
pp. 154-163
Author(s):  
Ivan Arkhiptsev ◽  
Alexander Sarychev ◽  
Roman Krasnikov

Introduction: according to the official statistics, the number of acts involving information technology is increasing every year in Russia. In particular, currently, the types of crimes in the field of information technology are changing qualitatively and continue to evolve continuously, becoming highly organized and more sophisticated. Through the use of information technologies in Russia, such crimes as hacking, illegal data acquisition (information espionage), theft of other people’s property from payment (settlement) cards and accounts of citizens, trafficking of drugs, arms, human beings are committed; the extremist literature is distributed, new members of terrorist groups are recruited; pornography, including children, is spread, illegal gambling and online games are conducted; fraud through the use of cellular and IP-telephony services, theft of personal data in large amount and selling them, and other crimes are committed using information technologies. The current type of computer fraud – phishing – is gaining momentum. Its essence is that cybercriminals seek to get hold of the data of ordinary people through computer technology, and using this data, get hold of their funds, including financial ones. It seems that such actions can neither contribute to the development of Russian society, nor to the development of civilized relations in society, nor to the development of information networks themselves. After all, any technology can be used for both constructive and non-constructive technologies. And when these goals are destructive, the law enforcement agencies, in our opinion, should have an effective level of training to deal with such violations. We believe that it is not enough to calculate, detect, and establish. We still need to be able to bring the culprit to criminal responsibility. In this regard, the most important thing is to ensure that anonymity not only creates the illusion of impunity, but also that the law enforcement agencies have a sufficient legal, organizational and, first of all, personnel basis to expose the criminal. In order to successfully thwart crimes in the field of information technology, the availability of implementation of the adopted standards and the key to the implementation of the state policy in the field of information security is the training and education of appropriate personnel who would provide “breakthrough” results in this area. The purpose of the research is to study the issues of improving the training of the law enforcement officers in countering crimes committed through the use of information technologies. Methods: the research uses a comparative analysis and generalization of the examples of the educational methods used in the educational organizations of the Ministry of Internal Affairs in the field of information security. The authors study, in particular, the general theoretical and practical orientation of the educational process in this area, synthesizing the results obtained, whose purpose is to improve the training of highly qualified specialists for the Internal Affairs bodies capable of countering crimes in the field of information technologies. Results: the authors formulate the main directions for improving the training of the law enforcement officers to counter crimes committed using information technologies, in particular, on the example of the educational organizations used in the educational process of the Ministry of Internal Affairs of Russia. Thus, one of the measures proposed by the authors in this direction is the opening of a new specialty – cyber-investigator or cyber-criminalist. The entry of developed countries into the sixth technological order and the further active digitalization of the world economy predict a huge scale and replication of crimes using information technologies. This circumstance actualizes the need to popularize the profession of a cyber-investigator – a specialist with an interdisciplinary education, i.e. experience in the investigative agencies will have to be combined with the skills of a criminalist and a specialist in the field of information protection.


2021 ◽  
Vol 16 (1) ◽  
pp. 46
Author(s):  
Ni Luh Gede Yogi Arthani ◽  
Made Emy Andayani Citra

<p><em>Ilicit Traffic in Narcotic Drugs is carried out by international networks operating in several countries. Ilicit traffic in narcotic drugs results in huge financial and wealth gains that enable transnational crime organizations to penetrate, pollute and undermine the structure of government, legitimate commercial and financial business, and society at all levels. In dealing with this situation, Indonesia harmonizes the law through mutual legal assistance arrangements. In this study two issues will be discussed namely legal reform through mutual legal assistance and mutual legal assistance in narcotics crimes.</em></p><p><em>Legal reform is a policy carried out by a country to deal with the situation that occurs in the country. The development of transnational crime was responded by the state through a policy of mutual legal assistance as outlined in the Law of the Republic of Indonesia Number 1 of 2006 concerning Reciprocal Assistance in Criminal Matters. Cooperation between countries in the process of law enforcement needs to be done to tackle the crime of trafficking in narcotics. Ilicit traffic in narcotic drugs is carried out by involving several countries. Reciprocal legal assistance in narcotics crimes can be implemented in three ways, namely diplomatic channels, through central authorities and through direct cooperation between law enforcement agencies.</em></p><p><strong>Keywords</strong>: <em>Mutual legal assistance, Ilicit Traffic, Narcotic Drugs</em></p>


2021 ◽  
Vol 235 (12) ◽  
pp. 61-70
Author(s):  
VIKTORIYA Y. KURDYUKOVA ◽  

The article examines the relevance of the problem of studying the phenomenon of suggestibility as a factor of exposure to information and psychological influence in the modern information society in relation to the activities of law enforcement officers. The subject of the article is the methods of psycho-diagnostic assessment of suggestibility as a factor of susceptibility to information and psychological influence. The aim of the study is to analyze the features of the theoretical and empirical research of the suggestibility phenomenon and to determine the possibilities of its psycho-diagnostic assessment within the framework of the activities of practical psychologists of the law enforcement system. The methodological basis of the work was formed by general scientific and formal-logical research methods: analysis, synthesis, induction, generalization, typology and classification. As a result of the work carried out, the terminological apparatus was clarified within the framework of the problem set and the boundaries of the concept of suggestibility with related phenomena were determined. A theoretical review of the existing psycho-diagnostic tools for determining the degree of suggestibility (hypnotizability) is made: diagnostic methods for empirical research of the phenomenon that are found in scientific literature are analyzed and presented, and the author's classification of existing methods for determining the degree of suggestibility for various grounds is made. Conclusions are drawn about the possibility of using timely diagnostics and assessment of the degree of suggestibility of law enforcement officers using the methods described in the article, as well as about further preventive and corrective work with employees aimed at reducing exposure to information and psychological impact and the formation and strengthening of information and psychological stability, which will affect positively the efficiency of the law enforcement system. Key words: law enforcement officers, susceptibility to information and psychological influence, information and psychological stability, suggestibility, hypnotizability, suggestibility, suggestibility tests, methods for determining suggestibility, psychological experiment.


Author(s):  
Oleh Yemets ◽  
Olha Zlahoda ◽  
Yevhen Shapovalenko

The purpose of the article is to study the genesis of national legislation in the field of operational investigative activities in independent Ukraine, with the subsequent identification of conceptual problems, as well as the development and publication of proposals to address them taking into account the experience of post-Soviet countries. It is established that the process of formation and becoming of the legal basis for the work of operative subdivisions of authorized state bodies is not complete and it must be continued, as there are problems even with definition of conceptual bases of such activity, in particular related to the requirements of current legislation regarding its grounds. It is a question of whether the operative subdivisions should initiate operative-investigative cases and conduct operational investigative activities or send materials about preparations for a crime to the pre-trial investigation body, except for minor gravity, that is, about crimes being prepared, as well as persons preparing crimes. To solve the problem, we propose to discuss amendments to article 6 of the Law of Ukraine «On operational investigative activities», which would exclude from the list of grounds for conducting for operational investigative activities such as the availability of sufficient information obtained in accordance with the law, requiring verification by means of operational investigative measures, about crimes being prepared, as well as persons preparing crimes. At the same time, information about crimes being prepared, as well as persons who are preparing crimes, should be immediately entered into the Unified Register of Pre-trial Investigations, except for minor ones, and preparation for a crime should be investigated immediately by an investigator. This model is more consistent with the work of Western law enforcement agencies, but, as the study showed, is not typical of post-Soviet countries. These proposals, as well as alternative ones, on the harmonization of operational investigative and Criminal procedure legislation require professional discussion, but changes in one form or another are inevitable. The obtained and published results can be used by scientists in further research in this area, as well as law enforcement officers in the conduct of operational investigative activities and crime investigations.


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