scholarly journals Criminal Responsibility Of Corporate Crime Towards The Criminal Act Of Illegal Fishing (Study of Verdict No. 31/Pid.Sus/2013/PTR)

2017 ◽  
Vol 1 (1) ◽  
pp. 16
Author(s):  
Agung Tri Radityo
Keyword(s):  
Law Enforcement ◽  
Corporate Crime ◽  
Criminal Responsibility ◽  
Public Prosecutor ◽  
The Public ◽  
Illegal Fishing

Investigating the aspects or arresting the intellectual perpetrators of corporate crimes has not been typically done by the public prosecutor in the trial concerning the responsibility of corporate crime in criminal act of illegal fishing. Even though it has been stated clearly in law of state, the corporate crime of illegal fishing is not strictly enforced. Moreover, the criminal act of illegal fishing is considered as general crimes instead of special crimes. In this case, illegal fishing is supposed to be considered as special crimes that should be solved distinctively. This article particularly discusses the improper enforcement of corporate crime in illegal fishing conducted by law enforcement agents. Terribly, this concern would not bring deterrent effects for the perpetrators, particularly the intellectual perpetrators and their corporate.

ANALISIS YURIDIS TINDAK PIDANA PENGGELAPAN YANG TIMBUL DARI HUBUNGAN SEWA MENYEWA MOBIL DIKAITKAN DENGAN PASAL 372 KUHP

2016 ◽  
Vol 2 (2) ◽  
pp. 201-216
Author(s):  
Hurip Agustina ◽  
Dadang Suprijatna ◽  
Aal Lukmanul Hakim
Keyword(s):  
Rule Of Law ◽  
Criminal Responsibility ◽  
Bottom Layer ◽  
Criminal Code ◽  
Public Prosecutor ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
The Public ◽  
Criminal Offenses ◽  
Car Rental

Crime embezzlement car rentals are lately often devastating car rental owner. This is an issue where the meaning of a rule of law if the crime committed community can not be followed by the rule of law, such as crimes by way of evasion is one of the types of crimes against human wealth which is stated in Article 372 of the Criminal Code, which is a crime that does not exist inexhaustible, both from the bottom layer to the top layer of society can also be committing a criminal act embezzlement is a crime that originated from the existence of a trust in others, and that trust is lost because of the lack of an honesty. It is stated that the crime of embezzlement have a problem that is closely linked to attitudes, moral, mental, honesty and trust humans as individuals. The purpose of this study are as follows: 1) To determine and analyze the occurrence of the crime of embezzlement car rental. 2) To know and analyze the application of Article 372 of the Criminal Code the crime of embezzlement in the rental car. 3) To know and analyze the efforts of the police in preventing crime of embezzlement car lease. This study uses normative juridical approach that is used to make the description clear, systematic, transparent and precise about the facts / specific nature of the area and population which is then analyzed to obtain the desired facts. Criminal offense embezzlement rental car can be imprisoned if they meet the overall elements of the offenses charged by the public prosecutor and the offender accountable for his actions. If the offender does not meet one of the elements of which the accused, then it can not be convicted. The elements of criminal responsibility are: 1) committing illegal or criminal acts; 2) for the criminal should be able to be responsible; 3) to have a fault; 4) absence of an excuse. The conclusion from this study is the adoption of Article 372 of the Criminal Code in criminal offenses of embezzlement car rental where the incidence of criminal acts committed tenants for the rented goods belonging to the owner of the rental rights because of misuse or abuse of trust in which the crime of embezzlement are set in the provisions of Article 372 of the Criminal Code.

scholarly journals Optimizing The Role of Immigration Civil Servant Investigator in Treating Criminal Actions of People Smuggling

2020 ◽  
Vol 2 (1) ◽  
pp. 35-45
Author(s):  
Doniar Andre Vernanda ◽  
Tony Mirwanto
Keyword(s):  
Law Enforcement ◽  
Civil Servant ◽  
Immigration Law ◽  
Public Prosecutor ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Criminal Sanctions ◽  
Case Files ◽  
National Police

Immigration law enforcement is carried out by civil servant investigators (PPNS) of Immigration by the mandate of Law No. 6 of 2011 on immigration. Immigration civil servant investigators have the authority to carry out the investigation process to hand over case files for subsequent prosecution in court by the public prosecutor. The results and discussion of this research are: (i) People smuggling is a crime where people illegally enter humans without legal and valid immigration travel documents aimed at personal or group gain by entering a country without going through an examination. immigration at the immigration checkpoint (TPI). Criminal sanctions related to human smuggling are regulated in article 120 of the Immigration Law with a maximum threat of 15 years and a fine of Rp. 1,500,000,000.00. (ii) According to the Immigration Law, pro Justitia law enforcement in immigration crimes is carried out by immigration civil servant investigators who have the duties and functions of carrying out investigations & investigations, coordinating with the National Police and other law enforcement agencies as well as carrying out other matters which are ordered by immigration Law

scholarly journals Burden of Proof Reversal in Criminal Acts of Money Laundering

2019 ◽  
pp. 98-104
Author(s):  
Muhammad Khusnul Fauzi Zainal ◽  
Syukri Akub ◽  
Andi Muhammad Sofyan
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Burden Of Proof ◽  
Public Prosecutor ◽  
Legal Research ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Community Law ◽  
Legal Structure ◽  
Criminal Offenses

This study aims to analyze the burden of proof reversal system in handling cases of money laundering. This type of research is normative juridical legal research. The results of this study indicate that in the reversal system of the burden of proof of criminal acts of money laundering, each party has a burden of proof, the public prosecutor is burdened to prove that these assets are the property of the defendant and has a relationship with the original criminal act charged, while the defendant burdened to prove the origin of the assets claimed and if the defendant is unable to prove the origin of the assets, the assets can be strongly suspected to originate from criminal offenses. There are still obstacles in law enforcement both from the substance of the law (norms), legal structure (law enforcement agencies) and the culture of law (the culture of community law).

scholarly journals The Criminal Enforcement Of The Fraud Mode Of Multiple Money (Case study Decision No.61 / Pid.B / 2019 / PN.Blora)

2020 ◽  
Vol 3 (1) ◽  
pp. 237
Author(s):  
Sumaryono Sumaryono ◽  
Sri Kusriyah Kusriyah
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Research Method ◽  
Field Research ◽  
Secondary Data ◽  
Criminal Code ◽  
Primary Data ◽  
Public Prosecutor ◽  
The Public

Fraudulent criminal acts that have been regulated in the Criminal Code (KUHP) with various modes, one of which is fraud by shamans with a multiplied money mode has made law enforcers increasingly have to rack their brains to be able to prove it. This study aims to examine and analyze law enforcement by the judge in decision No.61 / Pid.B / 2019 / PN.Blora with consideration of the criminal elements. The research method used is a sociological juridical approach. The specifications of the study were conducted using descriptive analytical methods. The data used for this study are primary and secondary data. The data consists of primary data and secondary data using field research methods, interviews, and literature studies. Based on the research it was concluded that the case ruling number 61 / Pid.B / 2019 / PN Bla with a fraud case with shamanism practices in the mode of duplicating the judge's money considering that the Defendants have been indicted by the Public Prosecutor with alternative indictments, so the Panel of Judges paid attention to the facts The aforementioned law decides on the first alternative indictment as regulated in Article 378 of the Criminal Code Jo Article 55 paragraph (1) of the 1st Criminal Code by considering the elements of that article.Keywords: Criminal Law Enforcement; Fraud; Multiple Money.

scholarly journals Denunciafauna – A social media campaign to evaluate wildlife crime and law enforcement in Peru

2021 ◽  
Vol 28 (1) ◽  
Author(s):  
Noga Shanee ◽  
Sam Shanee
Keyword(s):  
Law Enforcement ◽  
Political Ecology ◽  
Public Prosecutor ◽  
Wildlife Crime ◽  
Street Vendors ◽  
Tourist Attractions ◽  
The Public ◽  
Quantitative Results ◽  
Private Homes ◽  
Court Appearance

General Public Complaint Against Captive Wildlife),in short Denunciafauna, ran from April 2014 to April 2017 as an experiment to empirically assess the capacity of Peruvian wildlife authorities to address animal trafficking. We used a political ecology activist research framework, where the campaign is part of research examining on-the-ground responses to complaints and opportunities for collaboration with civil society.During the campaign we collected information on 179 cases of wildlife crime involving animals, from which 214 official complaints were made. These cases involved thousands of illegally held and traded individuals. The official complaints included the illegal possession of animals at tourist attractions,in private homes, markets, circuses, street vendors, and as part of initiatives authorized by the State. Forty-four per cent of the complaints did not result in any type of intervention by the wildlife authorities. In a further 26% of cases we, the complainants, have not been informed of the results of the complaint. Thirty per cent of complaints resulted in the confiscation of all or some of the animals involved, but only 7% of all reported cases led to an official investigation by the public prosecutor, and of these, only 3% (7cases) resulted in a court appearance with a sentence given or pending. We describe 'typical' cases which illustrate some of the quantitative results.These quantitative results, cases presented, and participative observation methodologies were used to examine the main limitations of wildlife authorities in Peru. Chronic deficiencies have consistently resulted in the very limited responses of Peruvian wildlife authorities to attend to official complaints and their inability to provide efficient and proportionate responses to wildlife crime, and, in some cases, to even promote or participate in illicit activities. However, pressure and support from civil society can significantly improve authorities' performances.

scholarly journals Constraints by the Public Prosecutor in Proving Aspects of Criminal Liability for Narcotics Criminals with Undercover Buy Techniques

2021 ◽  
Vol 04 (12) ◽  
Author(s):  
Trynalia Slamet Tri Wahyudi ◽  
Keyword(s):  
Criminal Responsibility ◽  
Negative Impact ◽  
Criminal Liability ◽  
Law Enforcement Officers ◽  
External Factors ◽  
Advanced Technology ◽  
Public Prosecutor ◽  
Internal Factors ◽  
The Public ◽  
Internal And External Factors

Narcotics crime is one of the extraordinary crimes. In addition to the negative impact it causes, the disclosure of narcotics crimes is not easy because it is transnational in nature, is carried out in secret, organized, uses various modus operandi and uses advanced technology. Therefore, the Law on Narcotics regulates investigative techniques that can be used to uncover narcotics crimes, one of which is an undercover buy investigation technique. However, this technique sometimes also leaves its own problems in its implementation. The objective of this study is to identify and explain the various constraints faced by the Public Prosecutor in proving aspects of criminal responsibility for narcotics criminals, especially those carried out with the undercover buy technique. This paper using a normative research type through a statutory approach and a case approach. This study explains that the Public Prosecutor still has problems in proving aspects of criminal responsibility for narcotics criminals, both from internal and external factors. The constraints from internal factors was that the Public Prosecutor was not careful in checking the completeness of the formal. Meanwhile, external factors, namely investigators did not provide actual information regarding the completeness of the material submitted in the first stage of file submission. Therefore, it is necessary to improve the regulation and coordination between law enforcement officers in terms of proving the accountability aspects of narcotics criminals using undercover buy techniques.

scholarly journals Eksekusi Pembakaran/Penenggelaman Kapal Tindak Pidana Illegal Fishing Berbendera Asing Dalam Perspektif Sistem Peradilan Pidana

2020 ◽  
Vol 9 (4) ◽  
pp. 752
Author(s):  
Guntur Dirga Saputra
Keyword(s):  
Natural Resources ◽  
Court Decision ◽  
Public Prosecutor ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
Illegal Fishing ◽  
Procedure Code ◽  
The Government ◽  
Legal Force

Indonesia's natural resources in the form of very wide waters pose a threat to the crime of illegal fishing. The prevention of these crimes is carried out by giving the investigator authority to sink / burn ships with foreign flags directly without a court decision having permanent legal force as regulated in Law 45/2009. This research is a normative legal research. The results of this writing explain that the sinking / burning of foreign-flagged ships by investigators is contrary to Article 28D Paragraph (1) of the 1945 Constitution which is hierarchically higher than Law 45/2009 and SPP regulated in the Criminal Procedure Code so that it does not provide justice and legal certainty because it has seized the rights of the suspect / defendant. The sinking / burning of the ship is the authority of the Public Prosecutor to carry out the execution after a court decision has permanent legal force which stipulates that evidence in the form of a ship is seized for destruction and is not under the authority of the investigator. The government and the DPR RI should revise Law 45/2009 to revoke the authority of investigators who can directly sink / burn ships and to the Prosecutor to coordinate and involve investigators to become witnesses in the execution. Kekayaan alam Indonesia berupa perairan yang sangat luas menimbulkan ancaman terjadinya tindak pidana illegal fishing. Penanggulangan kejahatan tersebut dilakukan dengan memberikan kewenangan kepada penyidik untuk melakukan penenggelaman/pembakaran kapal yang berbendera asing yang secara langsung tanpa putusan pengadilan yang berkekuatan hukum tetap sebagaimana diatur dalam UU 45/2009. Penelitian ini merupakan penelitian hukum normatif. Hasil penulisan ini menjelaskan bahwa Penenggelaman/pembakaran kapal berbendera asing oleh Penyidik bertentangan dengan Pasal 28D Ayat (1) UUDNRI 1945 yang secara hirarki lebih tinggi dari UU 45/2009 dan SPP yang diatur dalam KUHAP sehingga tidak memberikan keadilan dan kepastian hukum oleh karena telah merampas hak tersangka/terdakwa. Penenggelaman/pembakaran kapal merupakan kewenangan Jaksa Penuntut Umum untuk melakukan eksekusi setelah adanya putusan pengadilan yang berkekuatan hukum tetap yang menetapkan barang bukti berupa kapal untuk dirampas untuk dimusnahkan dan bukan merupakan kewenangan penyidik. Pemerintah dengan DPR RI agar melakukan revisi UU 45/2009 untuk mencabut kewenangan penyidik yang secara langsung dapat melakukan penenggelaman/pembakaran kapal dan kepada Jaksa agar melakukan kordinasi dan melibatkan penyidik untuk menjadi saksi dalam pelaksanaan eksekusi.

scholarly journals KEWENANGAN KOMISI KEJAKSAAN TERHADAP TUGASNYA UNTUK MELAKUKAN PENGAWASAN KHUSUSNYA KEPADA KEWENANGAN PENUNTUT UMUM

2015 ◽  
Vol 4 (4) ◽  
Author(s):  
Putu Indrawan Ariadi
Keyword(s):  
Law Enforcement ◽  
The Body ◽  
Public Prosecutor ◽  
Internal Constraints ◽  
Law Enforcement Agencies ◽  
The Public ◽  
External Constraints ◽  
Legal Writing

Legal writing on the authority of the commission is entitled to the prosecutor's duty to carry out supervision authority specifically to the public prosecutor. The background of the writing of this law is the increasing distrust and dissatisfaction of the public on the performance of law enforcement agencies and institutions secaara public prosecutor's office in particular. The method in this research is using normative where in the writing of this law into the background issues penelituan is going to commissions and the prosecutor in the line of duty to supervise the performance of the public prosecutor and what are the constraints commission prosecutor in supervision where the constraint is divided into two parts: internal constraints and external constraints. In the study found that in order to carry out the process of supervision of the public prosecutor, the prosecutor commission can not directly supervise, why is that? this is because there is an internal watchdog in the body prosecutor who take a stand if there is a public prosecutor alleged violation. Constraints of commission prosecutor in carrying out the control can be internal constraints such an evil do not want sightings of the prosecutor who was in trouble, while the external constraints such as obstruction by certain groups who want to impede the work of the commission prosecutor. Therefore let fungis of the prosecutor commission is enforced to match the function of other commissions in Indonesia is the role bgitu stand out and let people participate in helping carry out the task of the prosecutor's commission.

scholarly journals Representative function of the public prosecutor`s office: defects of legislation

2019 ◽  
pp. 164-175
Author(s):  
M. Stefanchuk
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
The State ◽  
Public Prosecutor ◽  
The Public ◽  
Legislative Regulation ◽  
Legitimate Interests ◽  
Definition Of ◽  
Social Importance ◽  
Representative Function

The current legislative regulation of the representative function of the prosecutor’s office in Ukraine contains a number of defects, which leads to a decrease in the effectiveness of law enforcement activities and the level of protection of the rights, freedoms and legitimate interests of participants of legal relations, and therefore the social importance of the prosecutor’s office activities outside the sphere of criminal justice in Ukraine. In such circumstances, there is a scientific discourse on the feasibility of retaining the powers of the prosecutor’s office outside the sphere of criminal justice in Ukraine, since the society seeks not for process for the sake of process, but for the result, which necessitates the scientific investigation of these defects in order to eliminate their consequences in law enforcement. The purpose of the article is to analyze the legislative regulation of the prosecutor’s office outside the sphere of criminal justice in Ukraine and the practice of its application in order to identify the defects of the legislation in this field, presenting their own vision on the prospects of legal support of the prosecutor’s office in this area in accordance with the needs and resources of society, as well as introduction proposals to remedy legislative defects in order to improve its enforcement. It is established that the legislative regulation of the representative function of the prosecutor’s office contains several defects, including: the declarative nature of the powers of the prosecutor, by which he is empowered in the process of exercising the representative function, especially in the pre-trial form of its implementation; appraisal terms in the legislative regulation of relations in a particular area, such as «state interests» and «exceptional cases»; the mismatch between the language structure and the content that the legislator sought to reflect in law, the manifestation of which is the definition of the object of the public prosecutor’s office of the «interest of the state», which in some cases is understood by the jurisdictions as a public authority and distorts the defined mission of the prosecutor’s office outside the criminal justice system at the level of the European institutions; the collisions in the legislative regulation of the representative function of the prosecutor’s office, which cause legal uncertainty as to the extent of the prosecutor’s powers in its implementation; the absence of a legislative conceptual vision of the public prosecutor’s office powers outside the criminal justice sphere. It is suggested that the basis for eliminating these defects in the legislation should be the necessity to change the conceptual model of prosecutor’s activity outside the sphere of criminal justice. The main elements of this model should be the clarification of the grounds for giving the prosecutor’s office guaranteed, not declarative powers outside the sphere of criminal justice, determined by the task of protecting human rights and freedoms, the general interests of society and the state. It is clarified the author’s vision of the elimination of defects in the legislative regulation of the representative function of the prosecutor’s office in Ukraine and the prospects for further scientific investigations in this field are outlined.

scholarly journals PENGAMBILALIHAN KREDIT OLEH KARYAWAN ALIH DAYA (OUTSOURCING) PT BANK MANDIRI YANG BERAKIBAT PADA TINDAK PIDANA PENIPUAN

2020 ◽  
Vol 1 (2) ◽  
Author(s):  
Lilik Septriyana
Keyword(s):  
Law Enforcement ◽  
Qualitative Data ◽  
Secondary Data ◽  
Primary Data ◽  
Public Prosecutor ◽  
Research Approach ◽  
Economic Factors ◽  
The Public ◽  
Bank Employees ◽  
Witness Statements

The number of frauds has evolved with various forms, such fraud committed by bank employees. This study will focus on three legal issues, namely what is the mechanism for offering credit takeovers to customers at Bank Mandiri which in fact can be carried out by outsourcing personnel? What is the ratio legis for the Decision of PN Tanjungkarang Number 664/Pid.B/2017/PN.Tjk actions of outsourcing employees at PT Bank Mandiri? And how to build a security management system for Bank Mandiri against fraudulent attempts by outsourced employees? The research approach in this study is normative juridical approach and an empirical approach by using secondary data and primary data, and qualitative data analysis. The results of the study is the factors of outsourcing employees of PT Bank Mandiri has authorized to offer credit take over to customers, because of social strata factor, economic factors and environmental factors. Judges' consideration of fraud by outsourced employees of PT Bank Mandiri in Decision Number 664/Pid.B/2017/PN.Tjk is based on evidence, witness statements, expert statements, indictments of the Public Prosecutor, elements of the Prosecutor's Indictment, as well as incriminating and mitigating matters. Ideal law enforcement against fraud by outsourced employees PT Bank Mandiri has the aim to punish outsourced employees so that they become a deterrent and not to repeat their actions later on and tend to improve the lives of many people.

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