scholarly journals Peranan Advokat Dalam Pembelaan Hukum terhadap Terdakwa Korupsi di Pengadilan Tindak Pidana Korupsi pada Pengadilan Negeri Samarinda (Tinjauan Etika Profesi Hukum)

2019 ◽  
Vol 11 (2) ◽  
pp. 188
Author(s):  
Jaidun Jaidun
Keyword(s):  
Law Enforcement ◽  
Justice System ◽  
Code Of Ethics ◽  
Legal Profession ◽  
Deterrent Effect ◽  
Legal Norms ◽  
The Public ◽  
Legal Provisions ◽  
The Republic

Smart and faithful people will never argue, that the State of the Republic of Indonesia is falling apart, debts mounting, to the point of reaching Rp. 4,000 (Four Thousand) Trillion is due to the crime of corruption that has taken root, curbed, thrived as if allowed to happen continuously. While law enforcement in this country does not provide a judicial verdict that has a deterrent effect for corruptors. It is difficult to understand in general, whether the legal verdict for corruption perpetrators by the Panel of Judges who hear and decide the case of corruption is influenced by the interference of fellow law enforcers ..., in this case, Advocates and Public Prosecutors (Prosecutors). Decisions of Corruption Courts often cause disparity in decisions, resulting in speculation from the public and assessing such decisions as being disproportionate and giving rise to public assumptions of a conspiracy between law enforcers, namely with several categories of interests, including: (1) The interests of the Prosecutor and Judges are in the interest of getting bribes (2) Advocates as law enforcers who accompany the defendant in defence of the interests of the accused by dirty and disgusting bribes. The role of advocates is very important in creating and maintaining a clean, authoritative and civilized justice system for the realization of the legal authority in this country.Thus, legal advocates must have faith and devotion to God strong and sturdy table and must dare to appear clean and first cleanse themselves from dirty thoughts in the midst of carrying out the legal profession, so that the noble profession is not polluted into contempt resulting from violation of legal norms and professional code of ethics by advocates. Based on the outputs achieved in this research program, namely the willingness and bottomlessness of the Advocates in defending the interests of the defendant must comply with the provisions of the applicable laws and regulations and uphold the Code of Ethics Procession.The analysis of this paper shows that lawyers have made a legal defence of corruption defendants in a professional manner in accordance with applicable legal provisions and upholds the code of ethics of the legal profession, even though there is also information about an advocate who is trying to bribe one of the Corruption Crimes judges in a case. which is being handled by the Advocate concerned. The description of the results of this survey is expected to be used as input and advice that can help realize the Court's decision which has a deterrent effect on corruptors and potential corruptors in the future.  

scholarly journals Freedom and The Role of The Press on Law Enforcement Reviewed in The Perspective of Law Number: 40 Of 1999, Concerning The Press

2021 ◽  
Vol 1 (3) ◽  
Author(s):  
Satino Satino ◽  
Yuliana Yuli W ◽  
Iswahyuni Adil
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Good Life ◽  
Public Information ◽  
Press Freedom ◽  
Freedom Of The Press ◽  
The Public ◽  
The Press ◽  
The Republic

Law Number 40 of 1999 concerning the Press is one of the legal regulations that have a role in efforts to realize a good life together. The struggle of the Indonesian press to achieve freedom was finally achieved after the enactment of Law Number 40 of 1999 concerning the Press. The purpose of this study is to find out how the freedom and role of the press in law enforcement are reviewed from the perspective of Law Number 40 of 1999, concerning the press. This study uses a sociological juridical method, the results of research conducted on real facts in society with the intent and purpose of finding facts, then proceeding with finding problems, ultimately leading to problem identification and leading to problem solving. The results of the research include the press trying to carry out its functions, rights, obligations, and roles, so the press must respect the human rights of everyone. The press has an important role in realizing Human Rights (HAM), as guaranteed in the Decree of the People's Consultative Assembly of the Republic of Indonesia Number: XVII/MPR/1998. Based on the results of the research above, it is necessary to uphold the freedom of the press in conveying public information in an honest and balanced manner and that freedom of the press is not absolute for the press alone, but to guarantee the rights of the public to obtain information. what happened in the context of realizing press freedom as contained in Law/040/1999 concerning the Press.

scholarly journals Analiza metodyki postępowania w procesach rekrutacji pracowników naukowych

2020 ◽  
pp. 325-345
Author(s):  
Waldemar Walczak
Keyword(s):  
Empirical Study ◽  
Code Of Ethics ◽  
Academic Staff ◽  
Code Of Conduct ◽  
Point Of View ◽  
Equal Treatment ◽  
Public And Private ◽  
Legal Provisions ◽  
The Republic

The purpose of this article is to present a multifaceted analysis concerning methodology proceedin-gs in recruitment procedures for researchers. Theoretical considerations are complemented by concusions of an empirical study. The role of scientificinstitutions and values applicable in the scientificcommunity in light of popularized theories are analyzed first.Additionally, reference is made to the principles enshrined in the code of ethics of Poland’s National Research and Development Centre.Then are discussed recommended patterns of conduct which have been recorded in the European Charter for Researchers and the Code of Conduct for the Recruitment of Researchers, paying particu-lar attention to issues relating to openness and fairness of proceedings and equal treatment.The next part of the work discusses legal regulations applicable to the employment of academics at Polish universities. It looks closely into the differences that apply to employees at public and private universities, which can be considered from the point of view of legal provisions relating to the prin-ciple of equal treatment enshrined in the Constitution of the Republic of Poland.The subsequent part of study is devoted to the conclusions of an empirical study covering the compe-tition proceedings relating to the employment of academic staff at public universities. The methodo-logy of the examination procedure is thoroughly explained and interim research questions concerning the specific issues and problems closely related to the analyzed subject are presented

scholarly journals PENYELESAIAN PELANGGARAN KODE ETIK PROFESI BAGI ANGGOTA KEPOLISIAN YANG MELAKUKAN TINDAK PIDANA

2020 ◽  
Vol 1 (2) ◽  
pp. 45
Author(s):  
Syamsiar Arief
Keyword(s):  
Law Enforcement ◽  
Government Regulation ◽  
Code Of Ethics ◽  
Police Force ◽  
Security Sector ◽  
The Public ◽  
Criminal Offenses ◽  
The Republic ◽  
National Police ◽  
Article 5

 AbstractThe basis for investigating members of the National Police who are suspected of committing criminal offenses is the existence of reports or complaints from the public. The report or complaint is submitted through the Head of the Complaints Service Section for the Professional and Security Sector, and then proposes to the Head of Sub-Division through the Head of the Investigation Unit to call and examine members as witnesses to victims and other witnesses. The Police Investigator in addition to carrying out the duties and functions of the Police also has authority in the investigation and law enforcement of members or persons who commit criminal acts. Apart from the foregoing, investigators must pay attention to and settle as well as possible reports or complaints from the public in accordance with their duties and functions as investigators. Investigations of members of the Indonesian National Police who commit criminal acts are carried out by investigators as stipulated in the criminal procedure applicable to the general court environment, which is confirmed in Article 2 of Government Regulation of the Republic of Indonesia Number 3 of 2003 concerning the Technical Implementation of General Judicial Institutions for members of the Police Force. Republic of Indonesia. The examination of members of the Indonesian National Police is carried out in accordance with the rank, namely according to the provisions of Article 5 of Government Regulation where the examination of members of the Indonesian National Police in the course of an investigation is carried out with regard to rank. Keywords: Code of Ethics, Criminal Acts, Police , Violations.AbstrakDasar penyidikan terhadap Anggota Polri yang disangka melakukan tindak pidana adalah adanya laporan atau pengaduan dari masyarakat. Laporan atau pengaduan tersebut disampaikan melalui Kepala Bagian Pelayanan Pengaduan Bidang Profesi dan Pengamanan, selanjutnya mendisposisikan kepada Kepala Sub Bagian Provos melalui Kepala Unit Penyidik untuk melakukan pemanggilan dan pemeriksaan terhadap anggota sebagai saksi korban dan saksi lainnya. Penyidik Polri selain sebagai pengemban tugas dan fungsi Kepolisian juga memiliki kewenangan dalam penyidikan dan penegakan hukum terhadap anggota atau oknum yang melakukan tindak pidana. Selain dari hal tersebut diatas, aparat penyidik wajib memperhatikan dan menyelesaikan dengan sebaik-baiknya laporan dan atau pengaduan dari masyarakat sesuai tugas dan fungsinya selaku penyidik. Penyidikan terhadap anggota Kepolisian Negara Republik Indonesia yang melakukan tindak pidana, dilakukan oleh penyidik sebagaimana diatur dalam hukum acara pidana yang berlaku di lingkungan peradilan umum, yang dipertegas dalam Pasal 2 Peraturan Pemerintah Republik Indonesia Nomor 3 tahun 2003 tentang Pelaksanaan Teknis Institusional Peradilan Umum bagi anggota Kepolisian. Negara Republik Indonesia. Pemeriksaan terhadap anggota Polri dilaksanakan sesuai jenjang kepangkatan yakni sesuai ketentuan Pasal 5 Peraturan Pemerintah Nomor 3 Tahun 2003 tentang pelaksanaan teknis institusional peradilan umum bagi anggota Polri dimana pemeriksaan terhadap anggota Polri dalam rangka penyidikan dilakukan dengan memperhatikan kepangkatan. Pemeriksaan dalam rangka penyidikan dilakukan sesuai dengan Pasal 5 Peraturan Pemerintah Nomor 3 Tahun 2003 berdasarkan kepangkatannya.Kata Kunci : Kode Etik, Pelanggaran, Polisi, Tindak Pidana.

scholarly journals Reducing the Gap Between the Ambitious Goals and Practical Reality of Animal Welfare Law Enforcement: A Review of the Enforcement Gap in Australia

2019 ◽  
Author(s):  
Rochelle Morton ◽  
Michelle L. Hebart ◽  
Alexandra L. Whittaker
Keyword(s):  
Public Education ◽  
Law Enforcement ◽  
Animal Welfare ◽  
Justice System ◽  
Charitable Organizations ◽  
The Public ◽  
Animal Law ◽  
Practical Reality ◽  
The Impact

Enforcement of animal welfare statutes are the primary protection given for the maintenance of animal welfare and prevention of cruelty. It is speculated that animal law enforcement in Australia has a number of weakness in the enforcement model. These weaknesses create a gap between the goals of animal law enforcement and the reality of the animal law justice system. This gap is defined as the ‘enforcement gap’. This paper identifies and investigates the causes of this gap. The hypothesized causes discussed are (1) the impact the public can have on reporting animal cruelty, (2) the reliance on charitable organizations as enforcement bodies, (3) the inconsistencies in animal welfare legislation, and (4) the role of the sentencing courts. Thus, the causes of the enforcement gap are multifactorial; derived from all stages of the enforcement process. Further research is needed to investigate the concepts raised in this paper. However, it is likely that a combination of structural change to enforcement agencies, legislative reform and public education is required to reduce the enforcement gap.

scholarly journals PERAN BHABINKAMTIBMAS SERTA MASYARAKAT DALAM UPAYA PENCEGAHAN GANGGUAN KEAMANAN DAN PENYELESAIAN SENGKETA DI KABUPATEN LABUHANBATU

2020 ◽  
Vol 8 (2) ◽  
pp. 82-89
Author(s):  
Wahyu Simon Tampubolon
Keyword(s):  
Law Enforcement ◽  
Social Life ◽  
Law Enforcement Officers ◽  
The State ◽  
The Public ◽  
The Republic ◽  
National Police ◽  
And Control ◽  
Mutual Agreement

The Indonesian National Police is directly responsible under the President. The police carry out police duties throughout Indonesia. The police are one of the foremost persons of society, the role of the police at this time is as a guardian of security and order as well as law enforcement officers in society related to criminal law, the police are able to carry out their duties professionally, where their birth originates from the community, according to their needs and desires they. This is done in order to create a situation and conditions that are safe, orderly, serene, and peaceful in social life, which then develops in accordance with developments and changes in state conditions. The National Police, which started from the public side, is now on the side of the state, which has a role to face and control the community itself. Law Number 2 of 2002 concerning the State Police of the Republic of Indonesia, the duties, authorities and rights of the police, in which Article 2 the function of the National Police is to maintain security and public order (kamtibmas).In accordance with the philosophical foundation of the Unitary State of the Republic of Indonesia is Pancasila which is the basis of our country, especially the fourth principle "Democracy led by Wisdom in Deliberation / Representation". The fourth precept of this Pancasila, requires that the resolution of disputes, conflicts or cases be carried out through deliberation to reach a consensus which is embraced by a family spirit. This means that any dispute, conflict or case that needs to be built through negotiation or peace procedures between the disputing parties to reach a mutual agreement. Initially court mediation tended to be facultative or voluntary (voluntary), but now it leads to imperative or future (mandatory).Keywords: Bhabinkamtibmas, Society, disturbance, dispute resolution

scholarly journals INTERACTION OF THE POLICE AND OTHER ENTITIES OF LAW ENFORCEMENT IN PUBLIC PLACES (ON THE MATERIALS OF THE REPUBLIC OF CRIMEA)

2021 ◽  
Vol 7 (73) (1) ◽  
pp. 362-370
Author(s):  
D.G. Zabroda ◽  
I.V. Tihij
Keyword(s):  
Law Enforcement ◽  
National Guard ◽  
Legal Basis ◽  
Public Places ◽  
Legal Norms ◽  
The Public ◽  
Joint Activities ◽  
Rational Combination ◽  
The Russian Federation ◽  
The Republic

The article considers theoretical, legal and applied aspects of interaction between the police and other law enforcement entities in public places. The interaction of law enforcement entities is intended to mean the activities of the police, law enforcement and other State bodies, local self-government bodies and the public, regulated mainly by administrative and legal norms, aimed at ensuring law enforcement in public places, carried out through the most rational combination of forces, means and powers at their disposal. The legal basis for joint law enforcement activities of the police and other law enforcement entities in public places in the Republic of Crimea has been revealed. The forms of joint activities of the police and other actors in this area are described, examples of the nor-mative consolidation of their powers are given. In particular, with the units of the Federal Service of the National Guard of the Russian Federation, local authorities and public groups of law enforcement. A number of problems have been identified that reduce the effectiveness of interaction between the police and other law enforcement actors in public places and proposed ways to solve them.

scholarly journals Explaining the Gap Between the Ambitious Goals and Practical Reality of Animal Welfare Law Enforcement: A Review of the Enforcement Gap in Australia

Animals ◽  
2020 ◽  
Vol 10 (3) ◽  
pp. 482 ◽  
Author(s):  
Rochelle Morton ◽  
Michelle L. Hebart ◽  
Alexandra L. Whittaker
Keyword(s):  
Public Education ◽  
Law Enforcement ◽  
Animal Welfare ◽  
Justice System ◽  
The Public ◽  
Animal Law ◽  
Practical Reality ◽  
Legislative Reforms ◽  
Animal Welfare Legislation

Previous research has identified a number of issues arising at all stages of the animal law enforcement process. These issues contribute to an enforcement gap between the written law, as it relates to the penalties laid out in statutes, and the reality of the animal law justice system. This paper identifies and investigates the contributors to this gap. The identified factors discussed are (1) the role of the public in reporting animal cruelty, (2) the ambiguity of the language used in animal welfare legislation, (3) the nature of enforcement authorities, and (4) the role of the courts. Thus, the causes of the enforcement gap are multifactorial, derived from all stages of the enforcement process. Further research on the enforcement model and public education, in addition to debate on legislative reforms, will be needed to address this gap.

scholarly journals ETIKA PROFESI ADVOKAT SEBAGAI UPAYA PENGAWASAN DALAM MENJALANKAN FUNGSI ADVOKAT SEBAGAI PENEGAK HUKUM

2016 ◽  
Vol 12 (24) ◽  
pp. 136-148
Author(s):  
Agus Pramono
Keyword(s):  
Law Enforcement ◽  
Code Of Ethics ◽  
Code Of Conduct ◽  
Basic Research ◽  
Law Enforcement Agencies ◽  
The Public ◽  
The Law ◽  
The Republic ◽  
And Function ◽  
Role And Function

Indonesia as a state of law based on Pancasila and the Constitution of the Republic of Indonesia Year 1945 guarantees equality for all before the law (equality before the law). In realizing the principles of law in the society and state, the role and function of Advocate as a profession that is free, independent and responsible is important, in addition to the judiciary and law enforcement agencies such as the police and prosecution. The problems in this dissertation are: (1) What are the basic ratiologic advocate violation of professional ethics Advocate? and (2) How does the concept of behavioral guidelines advocate in practicing a profession as legal counsel in an effort to control the Advocate in law enforcement? The method used is normative research enables researchers to utilize the findings of empirical legal science and other sciences for the benefit and the analysis and explanation of law without changing the character of law as a normative science. The method used in this research is the approach of legislation or statute approach, arguing that research must necessarily normative approach legislation, because examined are various rules of law as well as its central theme a focus of research. The results of basic research advocate consideration as a respectable profession and became an important part of chess dynasty law enforcement, Advocate has responsibility in undertaking to participate in the realization of the rule of law. The responsibility is not merely a necessity but a legally mandated obligations arising from the demands of conscience. The obligations of an advocate is reflected in the ability of responsible advocate against God, professional code of ethics, rules of law and society. Ultimately lawyer also required to be able to account for his actions to the public as an implementation of a sense of responsibility to God, codes and regulations. The concept of behavioral guidelines advocate in practicing a profession as a lawyer as Advocate control efforts in law enforcement by law or code of ethics which is already adequate, but rather on how to implement them. Relating to the existence of a single container and how to manage the Honorary Council (DK) Organization. Monitoring system needs to be upgraded with the supervision of the Advocate smoothed by the Advocate Organization with the Honorary Council to enforce the Law on Advocates and the Code of Conduct.

scholarly journals Public prosecutor as the agency of protection of domestic violence victims in the legal system of Serbia

Temida ◽  
2018 ◽  
Vol 21 (2) ◽  
pp. 293-313
Author(s):  
Gorjana Mircic-Calukovic ◽  
Emir Corovic
Keyword(s):  
Domestic Violence ◽  
Legal System ◽  
Family Law ◽  
Public Prosecutor ◽  
The Public ◽  
Legal Provisions ◽  
Domestic Violence Victims ◽  
Legal Texts ◽  
The Republic

This paper examines the role of a public prosecutor in the protection of domestic violence victims in the legal system of the Republic of Serbia. Prior to the analysis of relevant provisions of the laws referring to the authority and competences of the public prosecutor in relation to the protection of domestic violence victims, the term ?victim? in the legal system of Serbia is defined. The term ?victim? is commonly used in the legal texts, but it is not defined; thus, it is necessary to specify certain aspects of this term. In the analysis of certain legal provisions, the focus is on some of the most significant criminal, misdemeanor and family law institutes, as well as on the provisions of the Law on the Prevention of Domestic Violence, which could affect the role of the public prosecutor in prevention of domestic violence and protection of its victims. In the final part the authors propose certain solutions which should enhance implementation of existing mechanisms available to the public prosecutor in practice, which could contribute to better protection of domestic violence victims.

scholarly journals Juridical Analysis of the Amendment of Law of the Corruption Eradication Commission in Eradicating Corruption from Legal and Economic Perspective

2020 ◽  
Vol 1 (2) ◽  
pp. 86
Author(s):  
Hulman Siregar
Keyword(s):  
Law Enforcement ◽  
Economic Perspective ◽  
The Public ◽  
Second Amendment ◽  
Law Enforcement Officials ◽  
The Republic ◽  
Over Time

<table width="680" border="1" cellspacing="0" cellpadding="0" align="left"><tbody><tr><td valign="top" width="487"><p><strong>In this case, the efforts to eradicate corruption by law enforcement officials, prosecutors of the Republic of Indonesia, and Indonesian police, have not been significant. To make the eradication of corruption useful corresponding to the mandate of law, then the Corruption Eradication Commission (KPK) was formed; this institution is known as the super body institution. The method used in this research is combining normative juridical methods with empirical facts to analyze the effectiveness of corruption eradication in legislation. Over time, the role of the KPK in eradicating corruption received intense attention from the public, both pro, and contra. The legislature wants to revitalize the implementation of the KPK's duties with several considerations, to prioritize prevention efforts through the revision of Law Number 19 of 2019 concerning the Second Amendment to Law Number 30 of 2002 concerning the Corruption Eradication Commission</strong></p><p><strong> </strong></p><p><strong> </strong></p></td></tr></tbody></table>

Sign in / Sign up

Export Citation Format

Share Document