scholarly journals KENDALA DALAM PELAKSANAAN PENEGAKAN HUKUM TERHADAP PRAKTIK PARANORMAL SEBAGAI TINDAK PIDANA

2018 ◽  
Vol 1 (1) ◽  
pp. 1908
Author(s):  
Yusi Permatasi ◽  
Yuwono Prianto
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Legal Structure ◽  
The Law

In Society, Paranormal practices is considered as common things. Paranormal Practices is used for any good and also for crime, so to cope with the activities, government had regulated the act to control the crime by using paranormal background. The paranormal practices have been included as criminal acts. It has regulated in article 545 and article 546 of the criminal law act and set on as supernatural powers activity. As time passes, there are constraint in the alleviation law it’s law enforcement. This research was done with empirical or law sociological point of view, where Lawrence M. Friedman state that the elements of the legal system consist of Legal Structure, Legal Substance, and Legal Culture. The result of this research is the paranormal practices are differentiate by it used which is good or bad. The bad paranormal practices cause loss for society. This gave rise to uncertainty of law enforcement on the paranormal practices, therefore it need a deep research which is not only from the law enforcement point of view, but also the religious and cultural represented by figure.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

scholarly journals Pembatalan Perkawinan dan Akibat Hukumnya: Studi Putusan Nomor 1384/Pdt.G/2013/PA Mks

2020 ◽  
Vol 1 (1) ◽  
pp. 145-161
Author(s):  
Husaima Husaima ◽  
Ma’ruf Hafidz ◽  
Hasbuddin Khalid
Keyword(s):  
Law Enforcement ◽  
Consumer Protection ◽  
Legal Protection ◽  
Legal Culture ◽  
Legal Structure ◽  
The Law

Penelitian ini bertujuan untuk mengetahui dan menganalisis bentuk perlindungan hukum bagi konsumen terhadap perusahaan leasing yang melakukan perbuatan melawan hukum. Serta menganalisis faktor-faktor efektivitas yang mempengaruhi penegakan hukum bagi perlindungan konsumen terhadap perusahaan leasing yang melakukan perbuatan melawan hukum. Hasil yang diperoleh penulis dalam melakukan penelitian ini adalah Perlindungan Konsumen terhadap perusahaan Leasing yang melakukan perbuatan melawan hukum terbagi menjadi dua yakni bentuk preventif dan represif. Penegakan hukum sengketa konsumen tidak lepas dari tiga faktor yaitu Substansi Hukum, Struktur Hukum dan Kultur Hukumnya yang mempengaruhi keberhasilan prosesnya. Adapun diantaranya ialah ketentuan yang kontradiktif dan rumusannya tidak jelas serta tegas, terlalu banyak peranan lemabaga yang terlibat dalam penegakan hukum UUPK,  tidak adanya pedoman operasioanl, dan pelaku usaha tidak melaksanakan putusan BPSK dengan sukarela. This study aims to determine and analyze the form of legal protection for consumers against companies leasing that commit acts against the law. As well as analyzing the factors that influence law enforcement for consumer protection agains tcompanies leasing that commit acts against the law. The results obtained by the author in conducting this research are consumer protection against companies leasing that commit acts against the law is divided into two, namely preventive and repressive forms. Law enforcement of consumer disputes cannot be separated from three factors, namely Legal Substance, Legal Structure and Legal Culture which affect the success of the process. Among them are contradictory provisions and the formulation is not clear and firm, there are too many roles of institutions involved in UUPK law enforcement, there are no operational guidelines, and business actors do not voluntarily implement BPSK decisions.

scholarly journals Penerapan Sanksi dalam Meminimalisir Kejahatan Anak Ditinjau dari Undang-undang Nomor 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak

FENOMENA ◽  
2018 ◽  
Vol 10 (2) ◽  
Author(s):  
Abnan Pancasilawati ◽  
Muhamad Noor
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Social Integration ◽  
Restorative Justice ◽  
Law Enforcement Officers ◽  
Legal Culture ◽  
The Other ◽  
Legal Structure ◽  
The Law

The implementation of legislation either nationally or internationally linked to the implementation of restorative justice as one of the alterntif in the process of implementation of conviction against children in conflict with the law had been applied, but the case has not yet been thoroughly and still limited at the law enforcement officers and observers who are committed and integrity as well as having the attention to this problems. The implementation of restorative justice which is applied at each level of the process of criminal justice in the form of taking back the children to their parents, versioned by handing the children to Panti Sosial Marsudi Putra (PSMP), and the implementation of social integration through giving CB, CMB, and PB for children who are already serving imprisonment. Some obstacle factors the implementation of restorative justice as one of the alternatives in the implementation of conviction against children in conflict with the law, including physical building facilities and non-physical facilities and legal substance. It is because restorative justice has not been expressly regulated, even though in the law nomer 11, 2012 concerning about the Child Criminal System has been regulated but until now it has not been declared valid. The other factors are legal structure and legal culture.

scholarly journals The Dispute Settlement Model of Regional Head Election Perspective Theory of Legal System in Indonesia

2017 ◽  
Vol 5 (1) ◽  
pp. 97-106 ◽  
Author(s):  
Dedi Mulyadi ◽  
Tanti Kirana Utami
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Dispute Settlement ◽  
Descriptive Analysis ◽  
Legal Culture ◽  
Law System ◽  
Perspective Theory ◽  
The Law ◽  
The Moment ◽  
Electoral Law

The effectiveness of law enforcement depends on three law aspects; those are the structure of law, the substance of the law, and legal culture. Law structure is about the law enforcers, law substance is about the legislative means, and law culture is about a living law adopted by society. This study defines the background of simultaneous regional head elections in Indonesia, the problems of the simultaneous regional head elections in Indonesia, and the implementation of legal system theory to solve the simultaneous regional head election problems in Indonesia. The research method used is normative juridical with the specification of descriptive analysis research. The result of the research is needed permanent law structures that cover (Election Police, Election Prosecutor, Election lawyer, and Election Jury), the law substance through the issuing of general regulations (lex general) which can integrate the Laws of Legislative, Presidential, and Regional Head Elections (lex specialist) and the legal culture of society as human behavior (including the legal culture of law enforcement officers) on the electoral law and law system that are in force at the moment.

scholarly journals Implementation of Good Corporate Governance (GCG) in the Field of Securing Plantation Assets

2020 ◽  
Vol 1 (3) ◽  
pp. 5-9
Author(s):  
Junaedi Junaedi
Keyword(s):  
Corporate Governance ◽  
Law Enforcement ◽  
Legal System ◽  
Oil Palm ◽  
Legal Culture ◽  
Legal Structure ◽  
Good Corporate Governance ◽  
Serious Crime ◽  
Law Enforcement Officials ◽  
Fresh Fruit Bunches

This article discusses the implementation of Good Corporate Governance (GCG) in the Field of Securing Plantation Assets, especially at PT Perkebunan Nusantara (PTPN) IV. Good Corporate Governance (GCG) in the area of ​​securing assets in PTPN IV can be measured by the three elements of the legal system, namely: the legal substance (the Forestry Law); its legal structure (Law Enforcement Officials: Forestry and Police PPNS); corporate legal culture. The three systems are interrelated with one another. Systemic law enforcement efforts must pay attention to the elements of the legal system because it is the essence of law enforcement. the findings in the field of plantation crime mode are massive and organized. With regard to theft of oil palm, many people believe that it is often carried out by oil palm ninja (simple crime), but in reality theft by "oil palm ninja" is about 10% to 15% only. In reality, there is an oil palm mafia operating in PTPN IV's estates which holds 85% of these oil thieves. 90% organized / serious crime. The criminal act of theft and embezzlement of oil palm FFB (Fresh fruit bunches) in the PTPN IV area is massive and can be categorized as very critical.

Rekonstruksi Budaya Hukum Berdimensi Pancasila dalam Upaya Penegakan Hukum di Indonesia

2019 ◽  
Vol 22 (01) ◽  
pp. 1-10
Author(s):  
Anajeng Esri Edhi Mahanani
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Legal Structure ◽  
National Values ◽  
Legal Structures ◽  
Reconstruction Model ◽  
Main Factor ◽  
The Ideal

The issue of weak law enforcement in Indonesia is indeed not a new issue, but this issue has still not been resolved until now. The purpose of this discussion is to find the ideal law enforcement model in accordance with national values. First, the discussion of this article will look at the correlation between law enforcement and the legal system which ultimately can be concluded that law enforcement always correlates with the optimal legal system at work, namely legal structure, legal substance and legal culture. One of these sub-systems does not work properly and optimally, so the ideals of ideal law enforcement will not be achieved easily. This paper then discusses the hypotheses of the three law enforcement subsystems, in fact that legal culture being the main factor, namely the determination of other subsystems. A good legal culture will encourage legal structures to form substantive norms and implement legislation with responsibility. Next discussed is the determination of the reconstruction model of legal culture that has the Pancasila dimension. Pancasila in this case becomes a filter in reconstruction the legal culture in order to enforce the law in accordance with the original noble values ​​of the Indonesian nation. Bad habits in the community should not be interpreted as a noble culture of the nation.   Keywords: “legal structure”, “legal substance”, “legal culture”, “reconstruction”, “Pancasila”

scholarly journals Intrusion of international law into the national legal system

2021 ◽  
Vol 5 (1) ◽  
pp. 40-57
Author(s):  
V. F. Anisimov ◽  
Yu. V. Truntsevskiy
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Legal System ◽  
The State ◽  
Point Of View ◽  
Legal Systems ◽  
Foreign Law ◽  
National Legal System ◽  
International Obligations ◽  
The Law

The subject of the research is the peculiarities of the implementation of international law in national legal systems, the law enforcement practice of the implementation of international legal obligations of the state, doctrinal approaches to the interaction of the norms of international and domestic law. The purpose of the article is to confirm or disprove the hypothesis that the limits, forms and methods of the ex-ante intrusion of international law into the national legal system are determined not only as a result of the agreed will of States, but also against such will, under the influence of the interests of individual States or their political blocs that occupy a dominant position in an international organization. Methodology. The authors use such general theoretical and specific scientific methods as comparative analysis, generalization, interpretation and classification as well as systemic analysis and formal logical methods. The main results. The forms and methods of intrusion of international law into the legal systems are diversified. International law is not limited to interstate relations. Global processes require the development of new scientific approaches to understanding the processes of intrusion of international law into the legal systems of States. These processes require the study of the forms and methods of the impact of international law and international institutions on the national legal order. States are sometimes forced to implement measures developed in the international implementation mechanism (due to the need for international financial assistance as well as the inability to single-handedly defeat internal corruption, create a favorable international image, etc.). The international legal invasion exist already ex – post through the decisions of international judicial bodies or the assertive recommendations of international organizations. Their demands are made not just to comply with international obligations, but to change national legislation. The implementation of the norms of international law in national legal systems should be carried out at the domestic level just as much as it is necessary to fulfill these international obligations. The law enforcement practice in the state is based solely on national principles of law, and it is unacceptable to comply with the requirements from the outside to change them from the point of view of the independence of the state. It is the exclusive right of each State to determine the content of acts of interpretation of international bodies in relation to the decisions and actions of specific States from the point of view of their national interests. We prove that every state has the important right to determine the limits of the invasion of international law in their national legal system: the contents of implementing legislation; the completeness of implementation of the decisions and recommendations of international bodies and courts; the recognition of the extraterritorial validity of foreign law and forms of its implementation. Conclusions. The fundamental principle of international law- pacta sunt servanda – is transforming into a practical imperative – national legislation must change. This is due to the recognition of the jurisdiction of international judicial bodies. This is due to the extraterritorial effect of foreign law; it is connected with the transnational character of the law of international integration entities. This is due to the inability of individual States to resist exponential corruption. The continuous nature of the intrusion of international law into national legal systems is reflected in the various methods of such interference. The article proves the importance of each state having the right to independently determine the limits of the intrusion of international law into their national legal system.

scholarly journals IMPIAN YANG TERABAIKAN

2019 ◽  
Vol 4 (II) ◽  
pp. 181-204
Author(s):  
Amrunsyah
Keyword(s):  
Law Enforcement ◽  
Legal Culture ◽  
The State ◽  
Legal Issues ◽  
Legal Certainty ◽  
The Public ◽  
Legal Structure ◽  
The People ◽  
The Law ◽  
The Government

This paper is entitled "The Neglected Dream" (Implementation of the Purpose of Law and Criminal Law in Indonesia). Law and the purpose of law have interrelated and inseparable links. The law always plays an important role in a country even the law has a multifunction with the aim of the public good in order to achieve justice, legal certainty, order, expediency, and others. However, this is far from the fire. That is, the public is only given the wind of heaven and dreams that wash away while the state authorities use the law as a tool to suppress society, so that society can be positioned in accordance with the desires of the state authorities. The implementation of the law and the purpose of the law in force in Indonesia is clearly visible, so through a number of legal theories set forth in this paper will be a little stomping for anyone who understands it when compensating for the facts that occur in the midst of society. In fact, for people who want to get legal justice but in reality are entangled in the law. The government should be serious in responding to this because the people have given full mandate to manage this country, including in dealing with legal issues, both in terms of legal structure, legal substance and legal culture played by law enforcement.

scholarly journals PELAKSANAAN BUDAYA HUKUM HAKIM DAN ADVOKAT DALAM KAITANNYA DENGAN PENEGAKAN HUKUM

to-ra ◽  
2018 ◽  
Vol 3 (3) ◽  
pp. 621
Author(s):  
Hulman Panjaitan
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Code Of Ethics ◽  
Legal Culture ◽  
The Law ◽  
Law And Justice ◽  
And Behavior

Abstract Legal culture is a very important element and priority is a concern in relation to law enforcement, That’s not limited to the implementation of the legal culture of judges and advocates as part of law enforcement. The execu- tion and implementation of the legal culture of each law enforcement apparatus, including judges and advocates have not become a serious concern. What has become a code of ethics as a guideline for behaving for judges and advocates has not inspired and integrated in the life and behavior of a judge and advocate in carrying out their duties and responsibilities. Therefore, for enforcement of the law and justice, presumably this legal culture as one of the most important elements in the legal system must befully applied and implemented by each law enforcement apparatus.   Keywords: the legal culture; judges and advocates; law enforcement.

scholarly journals NAWACITA AND THE LAW ENFORCEMENT OF CIVIL STATE APPARATUS IN CONSTITUTIONAL LAW PERSPECTIVES IN INDONESIA

2017 ◽  
Vol 4 (2) ◽  
pp. 201
Author(s):  
Jawade Hafidz
Keyword(s):  
Law Enforcement ◽  
Constitutional Law ◽  
Law Enforcement Officers ◽  
Legal Culture ◽  
Legal Structure ◽  
Presidential Decree ◽  
Key Factor ◽  
The Law ◽  
The Government ◽  
Substantive Law

“Nawacita” and Constitutional Law needs to be a legal approach to make improvements to the legal system, in order to encourage enforcement of the law with justice, then at least have to involve three pillars consisting of: (1) the substantive law (legal substance), which include legislative reform; (2) legal structure (law structure), including human resources law-enforcement officers (human resource), entered in it anyway coordination among law enforcement officers; and (3) the legal culture (legal culture), both culture and public law enforcement officers or citizens in general.Then, constitutional law and can be answered correctly, can be practiced within their Constitutional Act and may be unenforceable government in running the government. The key factor to keep in mind is eliminating ego-sectoral government agencies. Do not stop until the Act, a similar effort was also made to the laws which are in the executive area, such as government regulations, a presidential decree and ministerial regulation

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