scholarly journals PERLINDUNGAN HUKUM TERHADAP TERSANGKA PADA TAHAP PENYIDIKAN YANG TDAK SESUAI DENGAN PASAL 52 KITAB UNDANG-UNDANG HUKUM ACARA PIDANA (contoh kasus: penangkapan tersangka pemilik ribuan rokok illegal)

2019 ◽  
Vol 1 (2) ◽  
pp. 425
Author(s):  
Andri Tjhin ◽  
Mety Rahmawati
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
International Law ◽  
Research Method ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Scientific Paper ◽  
Theory Of Justice ◽  
Article 50 ◽  
The Right

Human rights are the rights attached to every individual and recognized by international law, in practice regarding human rights is regulated to become more specific, namely being the right of the suspect. The KUHAP regulates the rights of suspects precisely in Article 50 until 68. In the case of writing this scientific paper, there are several suspect rights in the stage of investigations that are violated by law enforcement officers, especially article 52, which means there are differences between those stipulated in the law with reality. The research method used is a normative legal research method which is based on primary, secondary, and supported by the results of interviews with related professions, which are then analyzed deductively. The results of this study illustrate that there is legal uncertainty amid law enforcement in Indonesia. Theory of justice, Theory of legal protection and the theory of legal certainty used which essentially becomes a benchmark for conformity of law enforcement in Indonesia.

scholarly journals Perlindungan Merek sebagai Hak Kekayaan Intelektual: Studi di Kota Semarang, Indonesia

2021 ◽  
Vol 23 (1) ◽  
pp. 41
Author(s):  
Wizna Gania Balqis
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Research Method ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Civil Servant ◽  
Creative Economy ◽  
Legal Research ◽  
Sociological Approach ◽  
Trademark Infringement

The products produced by the creative economy will never be separated from the intellectual property in it, especially brands. However, the problem is that there are still many creative economy actors who do not register their product brands. This study uses a socio-legal research method with a statutory approach and a sociological approach. The results of this study indicate that a new brand will occur after the brand has been registered. Legal protection for creative economy product brands can be in the form of preventive protection and repressive protection. Preventive protection is provided by preventing the occurrence of trademark infringement to encourage trademark owners to register their trademarks to be legally protected. Meanwhile, repressive protection is carried out to deal with violations of trademark rights under applicable laws and regulations through judicial institutions and other law enforcement officers such as the police, Civil Servant Investigators, and the prosecutor's office to take action against violations of trademark rights. In the case of a request for violation of trademark rights, it is filed through the Ministry of Law and Human Rights.

scholarly journals INFLUENCE OF THE RIGHT TO THE ENVIRONMENT ON SUSTAINABLE DEVELOPMENT FROM THE PERSPECTIVE OF INTERNATIONAL LAW

2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Akramosadat Kia
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Human Life ◽  
Legal Protection ◽  
Third Generation ◽  
Human Beings ◽  
The Third ◽  
The Right

Nature is one of the most important pillars of human life, which is why the environment has been considered in all historical periods. At first, contemporary international law seeks to protect the environment as part of international environmental law, but the inadequacy of this protection and the need to protect the environment for Nowadays's human beings and future generations, the link between the environment and human rights It was considered because legal protection of human rights could be a means to protect the environment. Hence, in the context of the third generation of human rights, a new right called "the right to the environment" was created in international human rights instruments, in which the environment was raised as a human right. This right is not only a reminder of the solidarity rights that are categorized in the third generation of human rights, but also necessary for the realization of many human rights, civil, political or economic, social and cultural rights. However, the exercise of this right requires a level of development which in turn provides for a greater degree of environmental degradation. Hence, the international community since the nineties has promoted the idea of sustainable development at all levels of national, regional and the international has put it on its agenda.

scholarly journals Perlindungan Hukum Terhadap Penangkapan dan Penahanan Tersangka dalam Perspektif Hak Azasi Manusia

2020 ◽  
Vol 23 (1) ◽  
pp. 98-114
Author(s):  
Martono Martono
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Low Cost ◽  
Law Enforcement Officers ◽  
Presumption Of Innocence ◽  
Mental Attitude ◽  
Police Station ◽  
Protection Of Human Rights ◽  
The Right

This research was conducted to find out the form of the implementation of the rights of suspects at the level of investigation at the Wajo Regional Police Station, as well as what factors influence the implementation of the rights of the suspect at the investigation level of investigations at the Wajo Regional Police Station. This type of research was conducted in the Wajo district police jurisdiction, and data were obtained from in-depth observations, through interviews and then analyzing existing data. The results of the study were analyzed quantitatively by describing data and also using quantitative analysis with descriptive. Protection of Human Rights in the Judicial Act concerning the principles of quick and low-cost justice, the principle of non-discrimination, the principle of presumption of innocence, and guarantees of Human Rights for all Indonesian citizens under the 1945 Constitution. The results obtained by this article are: shows that the implementation of the rights of the suspect at the investigation level investigation at the Wajo Resort Police, in particular the right to obtain legal assistance, the right to be examined immediately, the right to provide information freely, and the right to be informed of his arrest and detention based on the principle of presumption of innocence, based on the results of the study, have been carried out although not optimal due to several factors, namely (1) the quality of investigative Human Resources is still low, the number of personnel is still lacking and is not balanced with the number of cases, investigators who are not professional and (2) the mental attitude of the investigator which is not good, and the level of awareness the law of society which is paternalism so that it causes resignation to law enforcement officers while supporting factors in the form of the increased budget allocated for the settlement of cases. Abstrak:Penelitian ini dilakukan dengan bertujuan untuk mengetahui wujud implementasi hak-hak tersangka pada tingkat penyidikan di Polres Wajo, serta  faktor-faktor apa yang mempengaruhi implementasi hak-hak tersangka pada pemeriksaan tingkat penyidikan di Polres Wajo. Tipe penelitian  ini dilakukan di wilayah hukum Polres Wajo, dan data diperoleh dari pengamatan yang mendalam, melalui wawancara  kemudian menganalisis data yang ada. Hasil penelitian dianalisi secara kuantitatif dengan mendeskripsikan data dan juga menggunakan analisis kuantitatif dengan deskriptif. Perlindungan Hak Azasi Manusia dalam Undang-Undang kehakiman mengenai azas peradilan cepat dan biaya ringan, azas non diskriminasi, azas praduga tidak bersalah, dan jaminan Hak Azasi Manusia bagi seluruh warga Negara Indonesia berdasarkan Undang- undang Dasar 1945. Hasil yang diperoleh oleh artikel ini adalah: menunjukkan bahwa wujud implementasi hak-hak tersangka pada pemeriksaan tingkat penyidikan di Kepolisian Resort Wajo, khususnya hak memperoleh bantuan hukum, hak untuk segera diperiksa, hak untuk memberikan keterangan secara bebas, dan hak untuk diberitahukan penagkapan dan penahanannya berdasarkan azas praduga tak bersalah, berdasarkan hasil penelitian,  sudah dilaksanakan meskipun belum optimal yang disebabkan karena beberapa faktor, yaitu (1) kualitas Sumber Daya Manusia  penyidik yang masih rendah, jumlah personil yang masih kurang dan tidak seimbang dengan banyaknya perkara, penyidik yang tidak profesional dan (2) sikap mental penyidik yang kurang baik, serta tingkat kesadaran hukum masyarakat yang paternalisme, sehingga menyebabkan sikap pasrah kepada aparat penegak hukum, sedangkan faktor pendukung berupa meningkatnya anggaran yang dialokasikan untuk penyelesaian perkara.

scholarly journals BANTUAN HUKUM YANG IDEAL BAGI MASYARAKAT TIDAK MAMPU

2018 ◽  
Vol 10 (1) ◽  
pp. 11
Author(s):  
DADANG SUPRIYATNA
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Research Method ◽  
Social Aspects ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Status ◽  
Important Position ◽  
The Right

This study analyzes the importance of the position of advocates in the legal system in Indonesia. Advocates have a very important role in law enforcement. The defense for all people, including the community, is a manifestation of an advocate’s respect for the principle of equality before the law as well as the realization of the rights of all people, namely the right to be accompanied by an advocate. The purpose of the research is to (1) find out the position and role of advocates in the implementation of human rights in Indonesia, (2) Analyze the barriers of advocates in realizing their position and role. The research method used is qualitative and normative juridical ap- proach, namely law is conceived as a norm, rule, principle or dogmas / juris- prudence. The normative juridical research phase uses literature studies. The results of the study indicate that Advocates have a very important position and role as one of the elements of the Preacher’s Legal Chess, because of the status of free and independent advocates guaranteed by law and regulation, For the sake of legal interests and demands for professions that have social aspects, every the person involved in the case has the right and guaranteed access to legal assistance. Other results indicate factors that prevent advocates from realizing their position and role related to the normative level, namely the absence of specific legal aid arrangements that regulate the entire scope of the provision of legal assistance.

scholarly journals KONSEPSI PERLINDUNGAN ANAK DARI TINDAKAN EKSPLOITASI SEKSUAL KOMERSIAL ANAK PADA HUKUM INTERNASIONAL DAN PENERAPANNYA DALAM HUKUM NASIONAL

2017 ◽  
Author(s):  
T. Riza Zarzani N
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
International Law ◽  
Child Protection ◽  
Sexual Exploitation ◽  
Law Enforcement Officers ◽  
Commercial Sexual Exploitation ◽  
Law Enforcement Agencies ◽  
Rights Of The Child ◽  
Legal Provisions

The conception of child protection from various forms of crime, such as sexual exploitation that has been existed in various legal provisions and at the level of international law of the existence of children as subjects of human rights which has been manifested by the ratification of the Convention on the Rights of the Child. Indonesia has implemented child protection by issuing Laws Number 23/2002. The implementation of child protection from sexual exploitation in Indonesia is conducted through legislation, namely: ratification and establishment of rules on child protection, executive efforts by making effective law enforcement agencies such as police, KPAI establishment. Efforts to combat commercial sexual exploitation are done by synergizing between law enforcement officers, legislation and preventive efforts through education.

APPLICATION OF FIREARMS AS ONE OF THE MEANS OF COORDINATION BY THE STATE WITHIN THE COMPETENCE OF EMPLOYEES OF INTERNAL AFFAIRS

2021 ◽  
Author(s):  
Vladymyrov M. ◽  
Paliukh V.
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Social Groups ◽  
Law Enforcement Officers ◽  
The State ◽  
Law And Order ◽  
The Rule Of Law ◽  
The Right ◽  
The Impact

The article considers the main competencies of law enforcement officers who have the right to use firearms, as a force representing the state to maintain law and order, and prevent violations of human rights and security, which allows to determine the levels of possible use of firearms as a form of coercion and influence on civil society, as well as to identify its subjects and objects - to identify all participants in such a process, and the impact on large social groups in order to comply with the rule of law in society.

scholarly journals Tasking the Leviathan: Right to Protest, Good Governance, and Implications for National Security and International Law

2021 ◽  
Vol 13 (2) ◽  
Author(s):  
Olalekan Moyosore Lalude
Keyword(s):  
Human Rights ◽  
Content Analysis ◽  
Law Enforcement ◽  
National Security ◽  
International Law ◽  
Good Governance ◽  
Democratic Process ◽  
Policy Recommendations ◽  
Data Source ◽  
The Right

The right to good governance is a right inalienable to the democratic process. Content analysis was used as the data source for this paper. This study would attempt to resolve the questions on the intricate connection between the right to protest and the right to good governance in Nigeria and what this means for national security and international law. In this essay, it was argued that the international law space is shrinking for holding the democratic process accountable in sovereign states. The significance of the essay is to suggest a new direction for the engagement of international law mechanisms on human rights and for the provision of policy recommendations for good governance and law enforcement.

scholarly journals Legal protection justice collaborators in corruption justice system

2021 ◽  
Vol 10 (6) ◽  
pp. 306-316
Author(s):  
Mochmad Ali Asgar ◽  
I Nyoman Nurjaya ◽  
Bambang Sugiri ◽  
Tunggul Anshari
Keyword(s):  
Law Enforcement ◽  
White Collar Crime ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Philosophical Approach ◽  
Abuse Of Power ◽  
The Right ◽  
Official Crime ◽  
Binding Power ◽  
Economic Crimes

Corruption is a crime that is difficult to eradicate because the perpetrators of corruption usually have a strong economic and political position so that corruption is classified as a white-collar crime, crimes as business, economic crimes, official crime, and abuse of power. The purpose of this research is to know the urgency of providing legal protection for witnesses to perpetrators who are willing to cooperate with law enforcement in the investigation of Corruption Crimes. This research is normative legal research using the statute approach, philosophical approach, and case approach. The results can be explained that the urgency of providing legal protection for perpetrators of witnesses who are willing to cooperate with law enforcement in the investigation of Corruption Crimes because Justice Collaborator is the main actor who can help uncover a crime because it has the potential to have evidence to drag the main perpetrator and other suspects in. Third, the future arrangements for perpetrator witnesses who are willing to cooperate with law enforcement still cannot be used as a strong legal basis regarding the right of commutation of sentence for Justice Collaborators in criminal justice by law enforcement officers and many have weaknesses, especially in terms of commutation of sentences for Justice Collaborators for their testimonies in assisting law enforcement officers but are only used as considerations by judges without any binding power that obliges judges to provide leniency.

scholarly journals The Significance of the 2005 UN Basic Principles and Guidelines on the Right to a Remedy and Reparation

2021 ◽  
pp. 78-98
Author(s):  
K. O. Keburiya ◽  
A. M. Solntsev
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
Basic Principles ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Right

INTRODUCTION. The research analyzes the UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (Basic Principles and Guidelines) of December 16, 2005. The Article examines the stages of the adoption of this document, the concept, structure, basic provisions, as well as the importance for the development of modern international law, particularly in the field of human rights protection and international humanitarian law. Consequently, the Article provides a detailed analysis of the approach to the central subject of this document, that is, the right to a remedy and reparation, which is expressed in practical application by universal and regional bodies on human rights and in the field of humanitarian law. In this regard, the position of the right to a remedy and reparation in the complex of human rights is determined, as well as their interconnection and relation to each other.MATERIALS AND METHODS. The theoretical researches of the Russian and foreign experts in the field of international law have been analyzed in this very Article as well as the normative documents, recommendations, and decisions of the treaty bodies on human rights within the UN system, the law enforcement practice of universal and regional judicial and quasi-judicial bodies for the protection of human rights and in the field of international humanitarian law have also been studied. Such methods of scientific cognition as analysis and synthesis, the generalization method, the system-structural method, as well as the historical-legal and legal-technical methods have also been applied in this research.RESEARCH RESULTS. The Article reveals the significance and impact of the mechanism developed in the Basic Principles and Guidelines, in general, on the international human rights system. The Basic Principles and Guidelines are an international document, developed with the best practice of existing legal systems. It was adopted unanimously through the consensus reached by all parties concerned. The Basic Principles and Guidelines are aimed at codifying the provisions on the right to a remedy and reparation enshrined in various international treaties and as well as at developing a unified approach to these rights. Thus, the said international instrument does not create any new rules but classifies and uniforms the set of provisions on the right to a remedy and reparation. This nature of the Basic Principles and Guidelines makes them an attractive tool for international bodies in their law enforcement practice related to ensuring the right to a remedy and reparation. DISCUSSION ANDCONCLUSSIONS. The Basic Principles and Guidelines enshrine the responsibility of States in the field of human rights protection, when the second party to the conflict is individual, or individuals whose rights have been or may be violated. Therefore, the Basic Principles are focused on the interests of the victim of a violation of human rights, that is, they are deliberately humanistic and human rights oriented. The document provides a classification of victims to more adequately cover human rights mechanisms that ensure the protection of persons, individually or collectively. Further, it pays special attention to the protection of victims of gross violations of human rights. In addition, the Basic Principles and Guidelines list and describe forms of reparation for the victims of human rights violations.

scholarly journals Deviant behavior of employees of internal affairs bodies: experience of dialectical assessment

2021 ◽  
Vol 2021 (1) ◽  
pp. 151-163
Author(s):  
Sergey Milyukov ◽  
Andrey Nikulenko
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Deviant Behavior ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Point Of View ◽  
Practical Implementation ◽  
Law Enforcement Agencies ◽  
The Right

In modern Russia, the problem of countering socially dangerous manifestations acts as a national project that proclaims the right of citizens to safe living conditions. Much attention is paid to the ability of law enforcement officers to resist criminal expansion legally, to be able to protect themselves and others by means of legal use of force against persons who commit socially dangerous encroachments. Guided by the concept of deviance, the authors made an attempt to analyze the problem of lawful behavior by law enforcement officers, primarily police officers. The researchers came to a reasonable conclusion about the need to adjust the current state of affairs. The legislation and the practice of its application cannot satisfy the interests of representatives of law enforcement agencies engaged in official activities for the protection of public order and ensuring of public safety. Imperfect legislation is the main reason of deviant behavior of police officers who are in permanent stress situations. Their abundance also provokes deviant behavior of police officers, which sometimes manifests itself in extreme brutality towards lawbreakers. From our point of view, the current norms of the Criminal Code of the Russian Federation, primarily the norms of Chapter 8, are not clear enough. Moreover, their legislative wording is far from being perfect and gives the opportunity to shift the blame for causing harm to persons who do it in circumstances that exclude the criminality of the act. The proposed careful adjustment of the norms of criminal legislation will significantly increase the effectiveness of their practical implementation, instill confidence in the consciousness of police officers about the importance and possibility of offensive legitimate steps to influence crime, as well as to increase their legal protection.

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