scholarly journals PENEGAKAN HUKUM PELANGGARAN PIDANA KAMPANYE PEMILU TAHUN 2019 DI PROVINSI BANTEN

2020 ◽  
Vol 8 (10) ◽  
pp. 1661
Author(s):  
Asnawi Asnawi ◽  
Asih Gaduh Andriani
Keyword(s):  
Law Enforcement ◽  
Secondary Data ◽  
Election Campaign ◽  
Legal Certainty ◽  
Democratic Government ◽  
Criminal Offenses ◽  
General Elections ◽  
The Republic

Pemilihan umum adalah pelaksanaan kedaulatan rakyat yang bertujuan untuk menghasilkan pemerintahan yang demokratis sesuai dengan amanat Undang–Undang Dasar Negara Republik Indonesia Tahun 1945. Masa Kampanye yang seharusnya digunakan untuk meyakinkan pemilih melalui visi, misi, program atau citra diri peserta pemilu, justru sering ditemukan adanya pelanggaran tindak pidana pemilu. Penelitian ini bertujuan untuk mengetahui penegakan hukum terhadap pelanggaran tindak pidana pemilu dalam masa kampanye yang memenuhi aspek kepastian hukum dan untuk mengetahui tindak pidana kampanye pemilu tahun 2019 di provinsi Banten. Penelitian yang dilakukan adalah tipe penelitian yuridis normatif dengan pendekatan perundang-undangan dan pendekatan kasus. Penelitian ini menggunakan data sekunder, yang terdiri dari bahan hukum primer, bahan hukum sekunder dan bahan hukum tersier. Hasil penelitian diperoleh simpulan bahwa kepastian penegakan hukum di dalam pemilu merupakan salah satu tujuan untuk menciptakan ketertiban, keamanan, dan ketentraman dalam masyarakat dan menghasilkan pemilu yang berkualitas berdasarkan asas Pemilu yang Langsung, Umum, Bebas, Rahasia, Jujur dan Adil. Apabila dilihat dari aspek kerawanan tahapan, tahapan kampanye di provinsi Banten masuk ke dalam kategori rawan tinggi. Bawaslu Banten hingga Maret 2019 mencatat  jumlah pelanggaran yang terjadi pada tahapan kampanye yaitu sebanyak 11.122 kasus, yang terdiri dari 11.073 kasus pelanggaran kampanye dan 49 kasus pelanggaran pidana kampanye. General elections are the implementation of people's sovereignty which aims to produce a democratic government in accordance with the mandate of the 1945 Constitution of the Republic of Indonesia. election criminal offenses. This study aims to determine law enforcement against violations of election crimes during the campaign period that meet the legal certainty aspects and to find out about the criminal offenses for the 2019 election campaign in Banten province. This research is a normative juridical research with a statutory approach and a case approach. This research uses secondary data, which consists of primary legal materials, secondary legal materials and tertiary legal materials. The results of the study concluded that the certainty of law enforcement in elections is one of the goals to create order, security and peace in society and produce quality elections based on the principles of direct, general, free, secret, honest and fair elections. When viewed from the aspect of stage vulnerability, the campaign stages in Banten province fall into the high-prone category. Bawaslu Banten until March 2019 recorded the number of violations that occurred at the campaign stage, namely as many as 11,122 cases, consisting of 11,073 cases of campaign violations and 49 cases of campaign criminal offenses.  

scholarly journals EFEKTIFITAS LEMBAGA SENTRA PENEGAKAN HUKUM TERPADU (GAKUMDU) DALAM MENEGAKKAN KEADILAN PEMILU

2019 ◽  
Vol 4 (1) ◽  
pp. 23-38
Author(s):  
Muhammad Ilham Agang
Keyword(s):  
Law Enforcement ◽  
Government Officials ◽  
High Expectations ◽  
Criminal Offenses ◽  
General Elections ◽  
The Republic ◽  
National Police ◽  
To Receive ◽  
Simultaneous Election ◽  
Made In

 Abstract Elections are a tangible form of the concept of democracy which is believed to be one form of carrying out government through a "Party" Democracy which should be a party of people who rejoice and have high expectations of the simultaneous election implementation in 2019. Gakumdu as an integrated law enforcement center has an important role in handling election criminal acts. In Article 486 point (1) of Law No. 7 of 2017 explicitly explained the establishment of Gakkumdu intends to equalize the understanding and pattern of handling election criminal acts by the Bawaslu, the Indonesian National Police, and the Attorney General's Office of the Republic of Indonesia. The Gakkumdu members themselves come from the Indonesian National Police and prosecutors from the Indonesian Attorney General's Office.In this paper the central issue is the effectiveness of the integrated Law Enforcement Center (Gakkumdu) in handling every election crime that occurs in each stage of the 2019 General Elections, including seeing what are the problems faced by the Gakkumdu center and what efforts are being made to strengthen the Gakkumdu center.The holding of elections conducted in Indonesia, evidently the procedures and mechanism of elections also influence changes in behavior of both participants, implementers, organizing elections as well as several government and judicial institutions. As for the objects of the formulation of election criminal offenses as formulated in Law Number 7 of 2017 Concerning General Elections, which are classified in line with several qualifications of actions, such as: Criminal acts aimed at everyone, Criminal acts that can be carried out by KPU officers, KPU Province, Regency / City KPU, PPK, PPS and PPLN, made in crimes aimed at implementing the campaign, Criminal acts aimed at election participants proven to receive donations and / or assistance, Criminal acts aimed at state officials / government officials and judicial institutions , Criminal acts aimed at ballot printing companies.

scholarly journals Fulfillment Of Restitution Rights In The Level Of Investigation In The Semarang Big City Resort Police In Beating Criminal Case

2020 ◽  
Vol 3 (2) ◽  
pp. 299
Author(s):  
Aris Sophian ◽  
Umar Ma'ruf ◽  
Aryani Witasari
Keyword(s):  
Law Enforcement ◽  
Field Research ◽  
Secondary Data ◽  
Police Department ◽  
Primary Data ◽  
Legal Certainty ◽  
Criminal Offenses ◽  
Big City ◽  
Analytical Research ◽  
Theory Of Law

The purpose of this study was to determine and analyze the granting of restitution rights in the handling of beatings, the implementation of restitution rights in the handling of beatings in the Semarang Big City Resort Police Department, as well as the obstacles faced and solutions in granting restitution rights in the handling of beatings in the Semarang Big City Resort Police.This study uses empirical juridical research methods, with descriptive analytical research specifications, the data used in this study are secondary data, obtained through literature studies and primary data obtained through field research which are then analyzed qualitatively using the theory of legal certainty, theory of law enforcement .The results of this study are: (1). The implementation of restitution rights at the level of investigation in the handling of beatings in the Semarang Big City Resort Police Department. Efforts to grant restitution rights at the investigation level should investigators choose and sort out which cases can be given restitution rights at the investigation level so that victims of criminal offenses receive compensation accordingly with what has been suffered by the victims of the crime and the case can be completed in the level of investigation with peace between the victim and the suspect. (2). Obstacles and solutions in granting restitution rights in the handling of beatings at the level of investigation in the Semarang Big City Resort Police Department,Keywords: Restitution Rights; Beating Crime; Semarang Big City Resort Police.

scholarly journals THE ROLE OF MARTIAL COURT IN THE PERSPECTIVE OF LAW ENFORCEMENT IN INDONESIA

2021 ◽  
Vol 6 (22) ◽  
pp. 66-73
Author(s):  
Mahfutt Mahfutt ◽  
Khairil Anwar ◽  
Billi Belladona Matindas
Keyword(s):  
Secondary Data ◽  
Armed Forces ◽  
Primary Data ◽  
Court System ◽  
Criminal Offenses ◽  
The Law ◽  
Law And Justice ◽  
The Republic ◽  
The Military

The position of the Military Court is a body that executes the judicial power in the circle of the Indonesian National Armed Forces to enforce the law and justice with due observance of the interest in the state defense and safety. The Military Court is authorized to try the crimes committed by someone who when committing such crime is a soldier of the Indonesian National Armed Forces, a member of a group or office or body or equal to a soldier pursuant to the Law and someone is not included in the said group as set forth in the Law Number 31 of 1997 on Military Court. Following the reform of 1988, the existence of the Military Court is developed by some activists and the public that observe the Military Court, insisting the Parliament of the Republic of Indonesia to revise Law Number 31 of 1997 on Military Court, with the focus point for a soldier of the Indonesian National Armed Forces who commits a general crime to be tried in the General Court with the reason that the Military Court practice is closed in nature, and another reason is the equalization of rights before the law. The method used in this research is the normative law research that is carried out to obtain the necessary data relating to the problem. The data used is secondary data consisting of primary law materials, secondary law materials, and tertiary law materials. In addition, primary data is also used as the support of the secondary data law materials. The data is analyzed by the qualitative juridical analysis method. The results of the research show that the Military Court is one of the mechanisms that are always tried to be maintained. The outcome from the research discovers that the role of the Martial Court in Indonesia remains effective, fair, and democratic to this date realistically marked by fair punishment within the jurisdiction offended, which corresponds to the need of TNI institution in the aspects of Culture, Benefit, Assurance, and Fairness. It is recommended that the RI Government continuously develop and improve the same by maintaining the role of the Martial Court in punishing criminal offenses committed by military members on the Martial Court system currently in force.

scholarly journals UPAYA PUSAT PELAPORAN DAN ANALISIS TRANSAKSI KEUANGAN DALAM PENANGGULANGAN TINDAK PIDANA PENCUCIAN UANG

FIAT JUSTISIA ◽  
2016 ◽  
Vol 1 (1) ◽  
Author(s):  
Eko Raharjo
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
National Level ◽  
International Community ◽  
Legal Issues ◽  
The Public ◽  
Financial Transaction ◽  
Criminal Offenses ◽  
Black List ◽  
The Republic

The issue of crime not only from the public spotlight in the local and national level, but also a serious concern of the international community. One crime that is now often used as a discussion by scholars of law, economics and banking apparatus of government and law enforcement are on the money laundering crime (money laundering), especially with the notion that the Republic of Indonesia is "heaven" for these practices criminal offenses or the crime of money laundering. The legal issues increasingly into the spotlight with the inclusion of the Republic of Indonesia in the black list or black list. Keywords: Center for Financial Transaction Reporting and Analysis, Money Laundering

scholarly journals Review Strategis Upaya Pengamanan Laut Nasional Menuju Keamanan Maritim dan Pengelolaan Ruang Laut Indonesia

Rekayasa ◽  
2021 ◽  
Vol 14 (3) ◽  
pp. 443-449
Author(s):  
Okol Sri Suharyo ◽  
Avando Bastari
Keyword(s):  
Data Analysis ◽  
Law Enforcement ◽  
Secondary Data ◽  
State Institution ◽  
Maritime Security ◽  
Literature Study ◽  
Study Approach ◽  
Legal Legitimacy ◽  
Strategic Role ◽  
The Republic

The Republic of Indonesia as a world maritime country and an archipelagic country which has 17,504 islands whose territorial area is dominated by the ocean. As a maritime country, Indonesia has 4 (four) points that become international chokepoints, namely the Malacca Strait, Sunda Strait, Lombok Strait and the Ombai-Wetar Strait. Indonesia has established three Indonesian Archipelagic Sea Lanes (ALKI) for the peaceful passage of international shipping, which are guaranteed by international and national law. The Indonesian Maritime Security Agency is a Non-Ministerial State Institution whose position is under and directly responsible to the President and has the authority to enforce the law at sea and is justified by law, so that with the issuance of Law Number 32 of 2014 concerning Marine Affairs and Presidential Regulation Number 178 of 2014 concerning the Indonesian Maritime Security Agency, it can be interpreted that there is legal legitimacy for the Indonesian Maritime Security Agency in carrying out its duties, functions and authorities to carry out law enforcement against special crimes at sea. This study aims to explore Indonesia's strategic role in law enforcement at sea towards national maritime security and resilience. The method used is a literature study approach and the data analysis technique used is a qualitative data approach by conducting secondary data analysis to explain the findings obtained. This research produces findings in the form of an analysis of Indonesia's strategic role in law enforcement at sea towards maritime resilience and security both nationally and regionally.

scholarly journals PROBLEMATIKA PENERAPAN PIDANA MATI DALAM KONTEKS PENEGAKAN HUKUM DI INDONESIA

2012 ◽  
Vol 1 (2) ◽  
pp. 207
Author(s):  
Slamet Tri Wahyudi
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Death Penalty ◽  
Government Policy ◽  
Secondary Data ◽  
Legal Issues ◽  
Government Policies ◽  
Legal Certainty ◽  
The People ◽  
The Government

Law enforcement without direction and not based on the three pillars of the justice of law, legal certainty and the benefits to society can break the law anyway even violate human rights. As one of the policies of the government that are not considered mencerminakan the values of justice and disturbing for the people, the government policy that acts of omission or delay in the application of the death penalty. This research is a normative legal normative juridical approach. The data collected is secondary data were analyzed using qualitative methods juridical analysis. Based on these results it can be concluded that in the application of the death penalty there are serious legal issues, this is due to government policies that commit omission or delay in the execution of the death penalty is a violation of human rights as stipulated in Article 28 of the 1945 Constitution. Keywords: Death penalty, Justice, Legal Certainty, Law

scholarly journals Aspek Hukum Pidana Warga Negara Asing Ke Negara Kesatuan Republik Indonesia Tanpa Melalui Pemeriksaan Pejabat Imigrasi (Studi Putusan No: 1474/Pid.Sus/2016/PN. Mdn)

2019 ◽  
Vol 1 (2) ◽  
pp. 143-149
Author(s):  
Rama Sari Atiwiz Purba ◽  
Ridho Mubarak ◽  
Rafiqi Rafiqi
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Government Regulation ◽  
Legal Action ◽  
Foreign Nationals ◽  
Criminal Sanctions ◽  
Library Research ◽  
Criminal Offenses ◽  
The Republic ◽  
Administrative Sanctions

Immigration is a form of legal action that is marked by the arrival or presence of foreigners in the territory of the Republic of Indonesia and the departure of Indonesian citizens to the territory of other countries by using or not having immigration travel documents. The method of this research is normative juridical, which is using Library Research. Legal arrangements regarding foreign nationals to Indonesia without going through immigration official inspection are outlined in Article 8 and Article 9 of Law No. 6 of 2011 concerning Immigration and also in Article 3, Article 20 and Article 21 of Government Regulation Number 31 of 2013 concerning Regulations for the Implementation of Law Number 6 of 2011 concerning Immigration and Minister of Law and Human Rights Regulation of the Republic of Indonesia Number 8 of 2014 concerning Passports Ordinary And Travel Letters Like Passports. Law enforcement against criminal offenses of Foreign Citizens to Indonesia without going through the examination of immigration officials then the perpetrators may be subject to administrative sanctions and criminal sanctions, the perpetrators who enter the territory of Indonesia without going through immigration officials have violated Article 113 of Law No. 6 of 2011 concerning immigration and sentenced to six months imprisonment

scholarly journals On the New System of Recording and Registration of Complaints, Statements and Other Information on Criminal Offenses

2019 ◽  
Vol 13 (2) ◽  
pp. 340-353
Author(s):  
Adel Sadvakasova ◽  
Talgat Khanov
Keyword(s):  
Law Enforcement ◽  
New Order ◽  
Criminal Proceedings ◽  
Criminal Offenses ◽  
Other Information ◽  
The Republic ◽  
Available Information ◽  
Current Systems ◽  
New System ◽  
Karaganda Region

The article is devoted to the analysis of statistical information on criminal offenses between 2012 and 2017. The authors take into account the specific features of the amended model of criminal proceedings and the new system of records and registration of statements and reports on criminal offenses. As there is no data on the statements and reports to the pre-trial investigation bodies for 2015–2017 or the judgments on them for the Republic as a whole, the comparison was carried out for the statistical data on Karaganda Region in different periods. The analysis and comparison of the available information on Karaganda Region was used to explain the unjustified reduction of the volume of registered criminal offenses in 2015–2017. The authors developed a formula that helps to determine the causes of this situation, typical not only for this Region, but for the whole Republic since 2012. The article highlights the problem areas connected with the key clauses of the Rules for Records and Registration of Complaints, Statements and Reports on Criminal Offenses as well as with maintaining the Single Registry of Pre-Trial Investigations, approved by the Order of the General Prosecutor for the Republic of Kazakhstan of September 19, 2014, No 89. The authors describe disputable aspects of the law enforcement practice. Besides, using the analysis of the previous and current systems of records and registration of complaints and statements on criminal offenses, the authors make an attempt to stabilize the situation in the sphere of records and registration. They draw attention to the fact that in the past all complaints and statements on crimes were to be registered, and this information was entered in the Book of Records of Complaints, Statements and Information. After the new order of registration and recording of complaints and statements on criminal offenses was introduced, the information from the Book of Records of Information is only statistically relevant if these complaints are registered in the Single Registry of Pre-Trial Investigations.

scholarly journals Belarus: Political Situation around the Presidential Election – 2020

2020 ◽  
pp. 9-24
Author(s):  
S. Astakhova ◽  
Keyword(s):  
Civil Society ◽  
Law Enforcement ◽  
Presidential Election ◽  
Electoral System ◽  
Election Campaign ◽  
Law Enforcement Agencies ◽  
Political Situation ◽  
The Future ◽  
The Republic ◽  
Protest Activity

The elections of the President of Belarus were held on August 9, 2020. According to official reports the current President of Belarus Alexander Lukashenko won them in the first round of voting. The election campaign was extremely tense. Throughout it, protest moods were growing in the Belarusian society. The reason for the mass protests was distrust of the electoral system of the Republic. The harsh actions of law enforcement agencies to disperse demonstrators caused an outraged reaction in the Belarusian society, which led to an increase in protest activity. After Lukashenko's appeal on August 17, 2020 to workers at enterprises that went on strike, civil society activity declined – the transfer of power did not take place. The development of the situation in the future largely depends on the position that the newly elected President Lukashenko will take.

scholarly journals Kebijakan Kepolisian Sektor Pemayung dalam Penyelesaian Tindak Pidana Penganiayaan Secara Restoratife Justice

Wajah Hukum ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 592
Author(s):  
Ahmad Zulfikar
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Justice System ◽  
Secondary Data ◽  
Primary Data ◽  
Police Chief ◽  
Criminal Cases ◽  
Police Report ◽  
The Republic ◽  
National Police

Efforts to overcome crime through peace based on Restorative Justice, namely justice for all parties are greatly missed by everyone. In carrying out law enforcement duties, the State Police Investigator of the Republic of Indonesia has the duties, functions, and authorities in the field of investigating criminal acts in accordance with the applicable laws and regulations. Based on the Regulation of the National Police Chief Number .6 of 2019 concerning Criminal Investigation, it has a role to carry out prevention efforts without having to use the Criminal Justice System (SPP), namely by resolving cases through the peace process. This process is due to the desire of the community who wants the case to be completed immediately and no longer be complicated. The resolution can be supported by the police's discretionary authority so that the type of research is descriptive empirical juridical, using primary data by means of interviews and secondary data by means of documentation studies. Then all data were processed using qualitative data analysis. Based on the research results, the Pemayung Police Sector policy is to settle criminal cases peacefully (penal police), or through the settlement of criminal cases involving the perpetrator, victim and/or their family and related parties, with the aim of achieving justice for all parties/restorative justice can be carried out, if it does not cause public unrest or there is no community rejection, it will not have an impact on social conflict and the case is still in the process of investigation and investigation. So that it can be directed to a settlement by conducting mediation to the parties, both the victim and the suspect. From the results of the mediation, it was agreed by the parties, both from the reporting party and the reported party as a suspect, admitting all his actions. And from the results of the mediation there was an agreement with the parties (victim and suspect) and a letter of peace was made and the revocation of the Police Report by the victim but after that, the victim came and asked again for the case to be continued, the investigator explained that the agreement had become an agreement of both parties and was binding and the investigation has been discontinued.

Sign in / Sign up

Export Citation Format

Share Document