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 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 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.

scholarly journals ANALISIS PENERAPAN SISTEM PEMBUKTIAN TERBALIK TERHADAP TINDAK PIDANA KORUPSI

2021 ◽  
Vol 3 (1) ◽  
pp. 38-42
Author(s):  
Sudirman Sudirman ◽  
Marwan Mas ◽  
Abd. Haris Hamid
Keyword(s):  
Law Enforcement ◽  
Proof System ◽  
Public Prosecutor ◽  
The Public ◽  
The Law

Korupsi sebagai salah satu kejahatan yang bersifat luar biasa (Extra Ordinary Crime) dikarenakan begitu sulit dalam membuktikan kejahatan tersebut oleh penegak hukum, maka dari itu dibutuhkan kinerja extra untuk memberantas tindak pidana korupsi tersebut. Olehnya itu, mengenai pemberantasan Tindak Pidana Korupsi dengan menggunakan ketentuan-ketentuan yang ada dalam Undang Undang hal itu diterapkan dalam Undang Undang Nomor 31 Tahun 1999. Undang Undang Nomor 20 Tahun 2001 tentang Pemberantasan Tindak Pidana Korupsi, dimana beberapa pasalnya menganut tentang sistem pembuktian terbalik terbatas/berimbang. Pasal pasal yang mengatur tentang sistem pembuktian terbalik lebih jelas diatur dalam Pasal 12B, 12C, 37A, 38A, dan 38B. Pemberlakuan sistem pembuktian terbalik dalam perkara delik korupsi terhadap terdakwa meskipun hanya terbatas pada perkara suap (Gratifikasi) di atas Rp. 10 jt. Namun dengan adanya kewajiban terdakwa untuk membuktikan delik korupsi yang didakwakan kepadanya serta harta benda yang patut diduga berasal dari tindak pidana korupsi dan tidak bertumpuh lagi kepada jaksa penuntut umum, maka diharapkan dapat menjadi solusi dalam pemberantasan tindak pidana korupsi tersebut sebab perampasan terhadap harta benda terdakwa dapat dilakukan jika terdakwa tidak dapat membuktikan delik korupsi yang didakwakan kepadanya. Corruption is one of extraordinary crimes because it is so difficult in proving these crimes by law enforcement, and thus it requires extra performance to eradicate corruption. Therefore, regarding the eradication of corruption by using the provisions contained in the Law, this is applied in Law Number 31 Year 1999. Law Number 20 of 2001 concerning the Eradication of Corruption Crime, in which several articles adhere to a reversed proof system is limited/balanced. Articles governing the reverse proof system are more clearly regulated in Articles 12B, 12C, 37A, 38A, and 38B. The implementation of the reversed proof system is in the case of corruption offenses against the defendant even though it is only limited to bribery cases (Gratification) over Rp10 million. However, with the defendant's obligation to prove the corruption offense charged with him and property that is reasonably suspected of originating from criminal acts of corruption and no longer rests on the public prosecutor, then it is expected to be a solution in eradicating these criminal acts of corruption because the confiscation of the assets of the defendant can be done if the defendant cannot prove the corruption offense charged with him.

scholarly journals PENERAPAN RESTORATIVE JUSTICE DALAM PROSES PERKARA TINDAK PIDANA PENGERUSAKAN DIHUBUNGKAN DENGAN PERATURAN JAKSA AGUNG TENTANG PENGHENTIAN PENUNTUTAN BERDASARKAN KEADILAN RESTORATIF (Studi di Kejaksaan Negeri Pematangsiantar)

2021 ◽  
Vol 2 (01) ◽  
pp. 133-142
Author(s):  
Sahat Benny Risman Girsang ◽  
Erni Juniria Harefa ◽  
Pondang Hasibuan ◽  
July Esther
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Juvenile Justice System ◽  
Low Cost ◽  
Peace Process ◽  
Secondary Data ◽  
Primary Data ◽  
Public Prosecutor ◽  
The Public ◽  
Library Research

Settlement of criminal cases through restorative justice in stage two (2) or since the handing over of responsibility for suspects and evidence to the Public Prosecutor has been regulated in the Attorney General's Regulation No. 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. The legality of the application of restorative in Indonesia has been used in Law No. 11 of 2012 concerning the Juvenile Justice System (SSPA) and the Circular Letter of the Chief of Police No. 8 of 2018 concerning the Application of Restorative Justice before the start of the investigation sent to the Public Prosecutor. a law enforcement in a slow direction because law enforcement is carried out at various levels from the Police, Attorney General's Office, District Courts, High Courts and even to the Supreme Court. In the end it has an impact on the accumulation of cases that are not small in number in court. The purpose of this study is to find out the application and problems that occur in the application of restorative justice through efforts to stop prosecution in the process of resolving cases of criminal acts of vandalism associated with the Attorney General's Regulation No. 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. This research is normative-empirical juridical using a case approach and a statutory approach. Data collection techniques using primary data are field interviews at the Pematang Siantar District Attorney and library research to obtain secondary data. Referring to the principle of fast, simple and low cost justice, PERJA No. 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice has been accommodated, especially in cases of destruction by making peace between victims and suspects, and the peace process is carried out voluntarily, with deliberation and consensus, without pressure, coercion and intimidation. In this peace process the facilitator is the Public Prosecutor, this is because there is no interest and connection with the case, against the victim and the suspect. In the implementation of PERJA No. 15 of 2020, it turns out that there are many obstacles, including the lack of understanding among law enforcement regarding restorative justice, lack of infrastructure, and public misunderstanding.

scholarly journals REVERSAL BURDEN OF EVIDANCE ON A CRIMINAL CORRUPTION IN INDONESIA

2018 ◽  
Vol 2 (2) ◽  
pp. 72
Author(s):  
Hasnawati Hasnawati
Keyword(s):  
Law Enforcement ◽  
Research Result ◽  
Burden Of Proof ◽  
Public Prosecutor ◽  
The Public ◽  
Free Theory ◽  
Materials Research ◽  
The Law ◽  
The Right

The research aim are to know the implementation of strict evidence in corruption committed in Indonesia and the constraint or obstacle faced by the corruption agency. The method of this research was normative juridical, because the research about reversal burden of proof of corruption in crime in Indonesia, which data obtained from primary, secondary, and tertiary legal materials. Research result reveal that implementation of proof in corruption cases is often felt to be ineffective and very burdensome to the Investigator apparatus therefor  two theories of proof, namely the free theory embraced by the dependent and negative theory according to the law adopted  by the public prosecutor or ordinary commonly called the theory reversal burden of  limited proof and in balance , the dependent has the right to proved that he has not commited a criminal act of corruption and that the prosecutor still has the duty to verify the indictment. The obstacles faced by law enforcement in implementing the burdening system of proof on the handling of corruption crime, namely the Contraints for the public Prosecutor and the obstacle for the judge divided into 2(two) types, namely : Juridical and Non Juridical Contrains

scholarly journals PENERAPAN ASAS LEX SPECIALIS DEROGAT LEGI GENERALIS TERHADAP UNDANG-UNDANG INFORMASI DAN TRANSAKSI ELEKTRONIK DALAM TINDAK PIDANA PERJUDIAN TOGEL SECARA ONLINE STUDI KASUS PUTUSAN PENGADILAN NEGERI JAKARTA UTARA NOMOR 599/PID.B/2018/PN.JKT UTR

2019 ◽  
Vol 1 (2) ◽  
pp. 497
Author(s):  
Franky Satrio Darmawan ◽  
Dian Andriawan Daeng Tawang
Keyword(s):  
Law Enforcement ◽  
Online Gambling ◽  
District Court ◽  
Public Prosecutor ◽  
The Public ◽  
The North ◽  
Law Enforcement Officials ◽  
The Republic ◽  
Lottery Gambling

Gambling is a crime and can be punished for its actions. However, along with the development of the gambling era it was played with electronic media, namely online gambling. The State of the Republic of Indonesia has overcome gambling crimes with evidence such as the existence of laws contained in criminal law and if carried out online there is an Electronic Information and Transaction law. The research entitled The implementation of principle lex specialis derogat legi generalist concerning information and electronic transaction laws in online lottery gambling crimes Case Study Decision of North Jakarta Districts Courted Number 599 / PID.B / 2018 / PN.Jkt Utr, having a problem statement is why the public prosecutor did not apply the principle of lex specialis derogat legi generalist in the online lottery gambling crime Case Study of the Decision of the North Jakarta District Court Number 599 / PID.B / 2018 / PN.Jkt Utr. The purposed paper for the law enforcement officials to appllied the principled of Lex Specialise Derogat Legi Generalits in the case of prosecution of court decisions.

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