scholarly journals Penanganan Perkara Tindak Pidana Pungutan Liar oleh Penyidik Direktorat Kriminal Khusus

2020 ◽  
Vol 22 (1) ◽  
pp. 49-72
Author(s):  
Laurensius Arliman S

Tulisan ini membahas bagaimana peran kepolisian dalam menanggulangi pungutan liar, dan bagaimana optimalisasi perannya dalam menanggulangi pungutan liar terebut. Pemberantasan pungli harus dilakukan secara terpadu dengan cara moralistik (pembinaan mental dan moral manusia) dan cara abolisionistik (cara penanggulangan gejala) sebagai tindakan preventif. Penelitian ini merupakan penelitian deskriptif, dengan pendekatan yuridis normatif yang didukung pendekatan yuridis empiris. Hasil penelitian menunjukkan bahwa peran Kepolisian Daerah Sumatera Barat dalam menanggulangi pungutan liar dengan cara tindakan represif berupa penyidikan pemberantasan pungutan liar ditinjau dari sudut objeknya yakni dari hukumnya itu sendiri. Pada dasarnya tujuan dari penegakan hukum untuk menanggulangi pungutan liar yang ingin dicapai adalah pemidanaan untuk memperbaiki pribadi penjahat itu sendiri dan membuat orang menjadi jera untuk melakukan kejahatan-kejahatan dan untuk membuat mereka menjadi tidak mampu untuk melakukan kejahatan yang lain. Optimalisasi peran kepolisian dalam menanggulangi pungutan liar terbagi atas dua yaitu peningkatan kemampuan sumber daya organisasi kepolisian terutama di Direktorat Kriminal Khusus dan penanggulangan pungutan liar yang dilakukan kepolisian dengan pendekatan kebijakan kriminal berupa pendekatan penal dan nonpenal policy. Handling of Illegal Levies Cases by Investigators of The Special Criminal Directorate This paper discusses the role of the police in tackling illegal levies, and optimizing its role in tackling these illegal levies. Eradication of illegal levies must be carried out in an integrated manner with a moralistic way (human mental and moral guidance) and an abolitionistic way (a way to deal with symptoms) as a preventive measure. This research is a descriptive study, with a normative juridical approach supported by an empirical juridical approach. The results showed that the role of the West Sumatra Regional Police in tackling illegal levies by means of repressive measures in the form of investigating the eradication of illegal levies was viewed from the point of view of the applicable law. Basically the goal of law enforcement to overcome illegal levies to be achieved is to punish the criminal person personally and make people become deterrent to committing crimes and to make them unable to commit other crimes. Optimizing the role of the police in tackling illegal levies is divided into two, namely increasing the ability of police organizational resources, especially in the Special Crimes Directorate and handling illegal charges by the police with a criminal policy approach in the form of a penal and nonpenal policy approach.

2019 ◽  
Vol 1 (4) ◽  
pp. 405-413
Author(s):  
Binsar Henson Purba

National extortion measures are regulated in the Republic of Indonesia Presidential Regulation Number 87 of 2016 concerning the Task Force for Clean Sweep of Illegal Levies. In West Sumatra, based on the West Sumatra Governor Decree number 0710-1247-2016, a Saber extortion team was formed. Various efforts have been made by the West Sumatra Regional Police Ditreskrimsus in tackling illegal levies both repressively and preventively, but still need to be optimized again. This research specification is Descriptive Analysis. The efforts made by the West Sumatra Regional Police Ditreskrimsus in tackling illegal levies are pre-eminent by instilling good values ​​/ norms so that these norms are internalized in a person. Furthermore, it is a preventative effort by conducting socialization to community service offices, making billboards / banners about illegal levies; and giving appeals to the public and repressive actions by taking legal action against illegal payments which are indicated as criminal acts. optimizing the role of the Ditreskrimsus Regional Police of West Sumatra in tackling illegal levies is done by increasing the capacity of the police organization's resources and the Criminal Policy approach in the form of a reasoning and non-reasoning policy.


Author(s):  
Heba Khalid Sleem, Yousef Jaber Alawwneh Heba Khalid Sleem, Yousef Jaber Alawwneh

  This study aimed to identify the role of educational media in meeting the scientific needs of students in light of the Corona pandemic from the point of view of Palestinian university students in the west bank and to achieve the objectives of the study the descriptive analytical approach was adopted and a questionnaire of (30) paragraphs (337) was developed and distributed among students of Palestinian universities in the West Bank, and then statistically processed using the Statistical Package for Social Science (SPSS.) Palestinian university students came up with a total average of (3.49 out of 5), and this result means that the role of educational media in meeting the scientific needs of students ranged from high to low. As it appeared, there were no statistically significant differences at the level of indication (0.05α=) in the average responses of the study sample members towards the role of educational media in meeting the scientific needs of students in the light of the corona crisis attributable to each of the variables (gender, university system) while there were differences attributable to both the variable (practical college and place of residence, based on the results of the study). The researchers recommended that educational media should focus on providing students with new experiences in their field of educational media and that all Palestinian universities should allocate more than one educational broadcast in order to provide opportunities for all students in all disciplines to learn.


Author(s):  
Максим Владимирович Кремлев

Автор, основываясь на ранее проведенных исследованиях, определяет место и роль пенитенциарной информации в процессе раскрытия и расследования преступлений. Указывается, что пенитенциарная информация превращается в процессуальную и, соответственно, в доказательственную посредством поэтапного прохождения через комплекс действий, облеченных в формы пенитенциарного, оперативно-розыскного и процессуального законодательства. Устанавливаются наиболее уязвимые места с точки зрения содержательного наполнения и процессуального оформления получаемых в рамках режимной деятельности сведений. Таковыми выступают места «сочленения» видов деятельности. Основой для подобного рода высказывания выступает разница в нормативном регулировании, в сменяемости и целеполагании исполнителей, а также их представлении о критериях успешности выполненной работы. В качестве подтверждения выдвинутого тезиса приводится пример из правоохранительной практики использования пенитенциарной информации в процессе доказывания, имеющий негативные последствия. Предлагаются направления совершенствования получения пенитенциарной информации с целью усиления ее доказательственного потенциала. In this article, the author, based on previous research determines the place and role of penitentiary information in the process of disclosure and investigation of crimes. It is specified that penitentiary information turns into procedural and, accordingly, into proofs by means of step-by-step passing through a complex of actions exposed in forms of the penitentiary, operational-search and procedural legislation. The most vulnerable places from the point of view of substantial filling and procedural registration of the data received within regime activity are established. These are the places of “articulation” of activities. It is concluded that the basis for this kind of statement is the difference in regulatory regulation, in the turnover and goal-setting of performers, as well as their representation of the criteria for the success of the work performed. As a confirmation of the proposed thesis, an example from the law enforcement practice of using penitentiary information in the process of proving having negative consequences is given. Directions of improvement of receiving penitentiary information for the purpose of strengthening of its evidentiary potential are offered.


2019 ◽  
Vol 86 (3) ◽  
pp. 69-79
Author(s):  
В. М. Давидюк

The legislative regulation of using confidants in Ukraine, as well as the moral aspects of confidential cooperation between individuals and law enforcement agencies have been analyzed. Some reasons that contributed to the regulation of confidential cooperation at the legislative level have been revealed in the historical retrospective; the correlation of the terms of “assistance” and “cooperation” used in the operative and search legislation has been demonstrated. It has been substantiated that in the course of studying the activities of special forces of operative and search activity it is advisable to use a narrower term of “cooperation”, which reflects the specifics of the activity of such forces. The norms of not secret normative legal acts have been outlined, which enshrined the conceptual bases of work with confidants. The emphasis has been made on the need to regulate not only the rights of the confidants, but also their obligations. A comparative analysis of the society’s attitude to confidential cooperation in different countries has been conducted. The moral and ethical grounds for involving persons into confidential cooperation have been studied. The author has outlined the essential role of the ideological component in the work of the state apparatus, which influences the attitude of society to confidential cooperation. The interdependence of moral and legal aspects of confidential cooperation has been proved. It has been established that the involvement of persons, from a moral point of view, into confidential cooperation is determined by: the voluntary nature of such involvement; public duty; perception of appropriate cooperation as the assistance to the community for its proper functioning; compulsory use of confidants for the prevention and detection of latent crimes; counteracting aggressive protection of criminal interests; guaranteeing the public interests by saving the costs for law enforcement function, since the use of confidants is more financially effective than attracting additional law enforcement forces and means.


2021 ◽  
Vol 4 (2) ◽  
pp. 1075-1080
Author(s):  
Imanuel Sembiring ◽  
Ediwarman Ediwarman ◽  
Marlina Marlina

This paper aims to examine and analyze the rule of law, law enforcement and criminal policy against criminal acts without the right to control sharp weapons. To approach this problem, the theory of the legal system is used. The data were collected through interview guidelines and analyzed qualitatively. This study concludes that the rule of law regarding law enforcement against criminal acts without the right to control sharp weapons in demonstrations is regulated in Emergency Law Number 12 of 1951 in Article 2 paragraph (1), Law no. 9 of 1998 concerning Freedom to Express Opinions in Public in Article 16, Perkapolri No. 7 of 2012 concerning Procedures for the Implementation of Services, Security, and Handling of Public Opinion Cases in Article 8 letter j. Law enforcement against criminal acts without the right to control sharp weapons in demonstrations against the Criminal Code Bill at the Medan District Court is carried out through investigations, prosecutions and judges' decisions. The criminal law policy against people who carry sharp weapons in Medan City consists of a penal policy carried out by legally processing the perpetrators, followed by examining the defendants at trial. Non-penal policies as a preventive measure for criminal acts without the right to control sharp weapons are counseling, raids and community participation.


2020 ◽  
Vol 1 (2) ◽  
pp. 259-274
Author(s):  
Muten Nuna ◽  
Dince Aisa Kodai ◽  
Roy Marthen Moonti

Law No. 18 of 2003 concerning Advocates emphasizes the status of Advocates as one of the law enforcers who have roles and functions that are equal to the Police, Prosecutor's Office and Judicial Power as law enforcement officers, but there is specialness given by the law to lawyers, namely the independence of advocates in carrying out their duties and profession. The independence of advocates aims to support the implementation of a justice system that is free from power and political intervention in law enforcement, and with that independence the Advocate Profession is said to be a very noble profession (offiicium nobile). As a noble profession, of course, advocates are bound by ethical values ​​that become the guidelines in the implementation of their duties and authorities, where those values ​​are posited as a Professional Code of Ethics. Talking about advocates, of course it cannot be separated from law enforcement, talking about law certainly cannot be separated from the state system or the political colors of certain countries and so on. This article wants to explain how the code of ethics of the advocate profession in upholding the law is how the role of advocates in providing justice to society based on applicable law. In conclusion, this article wants to explain that the code of ethics can compensate for the negative aspects of the profession and with the existence of a code of ethics, community trust in a profession can be strengthened, because every client has the assurance that his interests will be guaranteed, and the implementation of legal aid must be in line with the breath that becomes the goal is protection human rights and ideals of justice.


2017 ◽  
Vol 6 (3) ◽  
pp. 259-262
Author(s):  
Valery Vladimirovich Suvorov

S.N. Syromyatnikov, whose views are commonly referred to as orientalism, repeatedly dwelled on historical tasks, the mission of Russia in the Far East. The most important direction of Russias foreign policy in this region was to become rapprochement with Asia, since by uniting with the Far Eastern countries, it could successfully resist Europe. China had to be at the center of Russias eastern policy, and Russias main task was to play the role of patroness and cultural counselor, protecting the eastern neighbor from European countries and Japan. The attitude towards the East and the understanding of Russias tasks in Asia was largely determined through the rejection of everything from the West. A special task was assigned to the Russian population of the eastern borderlands, in which S.N. Syromyatnikov saw a special potential for the development of Russia and strengthening of its position in Asia. The East was perceived by S.N. Syromyatnikov as a germ of a new Russia, to which he found a lot of evidence in the relationship between Russian and indigenous eastern peoples. Therefore, in S.N. Syromyatnikovs point of view, to ensure the historical future of Russia it was necessary to concentrate the main efforts in the East.


Author(s):  
Marija Holutiak-Pekalska ◽  

This article investigates the problem of issues related to the position of business ombudsman and the role of this important institution from a practical point of view. In today's economic environment, the need to create adequate means to support entrepreneurship and eliminate the negative manifestations of abuse by the tax authorities is becoming increasingly apparent. Given the positive experience of the world's leading countries, the purpose of establishing an institution of business ombudsman in Ukraine is to promote the transparency of public authorities, including tax authorities, as well as business entities under their management, prevention of unfair (dishonest) behavior of business entities engaged in business in Ukraine. The article describes in detail the various activities and powers of this body, in particular in the field of protection of taxpayers' rights. In tax disputes, the business ombudsman has the opportunity to consider complaints from business entities against decisions, actions or omissions of tax authorities and their officials, as well as to participate in the consideration of tax authorities' complaints of taxpayers. The article states that the characteristic of the business ombudsman's activity is that complaints from private business are accepted only against illegal actions of state bodies. It is concluded that the most "popular" subjects of complaints from taxpayers to the business ombudsman are various types of tax issues, actions of law enforcement agencies, prosecutors, state regulators, customs, the Ministry of Justice of Ukraine, local authorities and more. Additionally, the article stipulates the expediency of establishing a Business Ombudsman Council and describes the powers of this body.


2020 ◽  
Author(s):  
Vladimir Duyunov ◽  
Ruslan Zakomoldin

The monograph examines the social and legal nature of the category "national security" as a socially significant good, an object of criminal law protection and a general object of crimes. The existence of a specific "sphere of crimes and crime" in public life is substantiated, its general characteristics are given, and the state of crime is analyzed as one of the most dangerous threats to national security in modern conditions. The problem of ensuring national security by criminal law means, the place and role of criminal policy and criminal law in the policy of combating crime and ensuring the national security of Russia are considered. Defines the concept of criminal law impact as a law-mediated reaction of the state to crime and crime, one of the key directions of the policy of combating crime, a comprehensive criminal law institution and one of the elements of the mechanism for ensuring national security. The publication is intended for students, postgraduates, researchers, teachers of law schools, employees of law enforcement agencies and all persons interested in the problems of law and law enforcement.


Author(s):  
Hadi Prabowo ◽  
Ismail

The purpose of this study is to describe the factors causing the decline of women's involvement in the legislature in West Sumatra. The method used in this study is a qualitative method with descriptive type. The findings of this study indicate that the decline in representation of women in the West Sumatra DPRD from 7 people in the 2014-2019 period to 4 in the 2019-2024 period. This is due to (1) The perspective that considers the strong patriarchal paradigm in most Indonesian people, (2) Women have a multi-dual role to take care of domestic and public life, (3) People's mindset that tends to idolize brave men and bears to be elected, (4) Women do not choose women, meaning the low awareness of women to choose women legislative candidates, (5) Political organizations do not really have full commitment to empower women. Comprehensively, the role of women is very limited in policy making and decision making and leadership positions that are still held by men due to socio-cultural conditions which make it difficult for women to be fully involved in it.


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