scholarly journals ANALISIS PERTANGGUNGJAWABAN PIDANA BAGI ANGGOTA POLRI YANG MELAKUKAN TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA

2019 ◽  
Vol 2 (1) ◽  
pp. 1115
Author(s):  
Sinta Ayu Lestari ◽  
Hery Firmansyah
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Criminal Responsibility ◽  
Code Of Ethics ◽  
Police Chief ◽  
Legal Process ◽  
Illicit Trade ◽  
Legal Method ◽  
The Difference ◽  
The Republic

In Indonesia the problem of drug abuse and illicit trade continues to increase, worrying and endangering people's lives. Based on “Law Number 35 of 2009 concerning Narcotics which supersedes Law Number 22 Year 1997”, it has been regulated regarding the prohibition on the use of narcotics which are carried out without permission. In the case of narcotics abuse there are law enforcement officers who handle one of them, the police. The police as the executor and law enforcer have the duty to safeguard security and prevent and eradicate criminal acts as stipulated in the “Republic of Indonesia Police Chief Regulation Number 14 of 2011 concerning the Professional Code of Ethics of the Republic of Indonesia National Police”. In fact, there is a case in Decree “Number 1057 / Pid.Sus / 2018 / PN.Jkt.Tim and Decree Number 906 / Pid.Sus / 2018 / PN.Jkt.Tim”. where members of the police commit criminal acts of narcotics abuse. What is the mechanism of the legal process? and What is the criminal responsibility for members of the police who commit criminal acts of narcotics abuse? The author uses the normative juridical legal method and uses interview data as supporting data. The results reveal that the legal process for police officers who commit narcotics crimes similar to justice for ordinary people is in accordance with the Criminal Procedure Code, the difference is that if there is a process within the police, the police must take into consideration the profession as law enforcement in incriminating matters.

scholarly journals Law Enforcement Against Policies Who Breached The Code Of Conduct

2020 ◽  
Vol 3 (3) ◽  
pp. 313
Author(s):  
Alvi Syahri
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Government Regulation ◽  
Code Of Ethics ◽  
Public Awareness ◽  
Descriptive Analysis ◽  
Primary Data ◽  
Literature Study ◽  
Central Java ◽  
The Republic

The purpose of this research to find out and analyze law enforcement against police officers who violate the code of ethics in carrying out their duties at Central Java Police, obstacles and solving obstacles. This study uses a sociological juridical approach with descriptive analysis research specifications. The data used are primary data and secondary data obtained through interviews and literature study. The data analysis method used is qualitative analysis. Furthermore, based on the research results it can be concluded: Law enforcement against police officers who violate the code of ethics in carrying out their duties at the Central Java Regional Police refers to Act No. 2 of 2002 concerning the Police, Government Regulation of the Republic of Indonesia Number 2 of 2003 concerning Disciplinary Regulations for Members of the National Police and Regulation of the Chief of Police No. Pol. 14 of 2011 concerning the Professional Code of Ethics for the State Police of the Republic of Indonesia. Several factors that hinder law enforcement against unscrupulous police officers who violate the code of ethics are divided into internal factors: Leaders who have not fully paid attention to the implementation of disciplinary law enforcement duties for Polri members, level of discipline, awareness and compliance of Polri members with binding disciplinary regulations and applies to him is still relatively low so that disciplinary violations keep happening, Polri's disciplinary law enforcement often appears to lack transparency. External factors: Lack of public awareness in conducting supervision and complaints when there are people who violate them.Keywords: Law Enforcement; Police Officers; Offenses; Code of Ethics.

scholarly journals TOPICAL ISSUES OF PROFESSIONAL AND PSYCHOLOGICAL SUITABILY IN THE SYSTEM OF THE MIA OF THE REPUBLIC OF TAJIKISTAN

2021 ◽  
pp. 211-218
Author(s):  
Somon Latifzoda
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Professional Training ◽  
Scientific Literature ◽  
Decisive Role ◽  
Psychological Characteristics ◽  
Law Enforcement Agencies ◽  
Internal Affairs ◽  
The Republic ◽  
Psychological Diagnostics

This article discusses the main problems and issues of professional and psychological suitability in the system of the Ministry of Internal Affairs of the Republic of Tajikistan. The analysis of the existing scientific literature was carried out, and also the author's recommendations were formulated to improve the professional training and professional suitability of the employees of the Ministry of Internal Affairs. Along with the professional training of police officers, their psychological qualities also play a decisive role in ensuring efficiency in operational-search activities. The quality and effectiveness of the implementation of operational-search activities, then its level directly depends on the psychological characteristics of the operative and his professional training. It should be noted that scientifically grounded conclusions about the professional and psychological suitability of employees can only be achieved with the help of high-quality and correct psychological diagnostics, that is, using psychometric methods. The basis for the survey of professional and psychological suitability, the procedure, procedure, conditions and terms of the survey, cases of re-examination are determined by regulatory legal acts. Consequently, the research and scientifically grounded measures to determine professional suitability in the internal affairs bodies of the Republic of Tajikistan are relevant, and the scientifically grounded results obtained as a result of our research can be used to further improve the professional and psychological selection to the law enforcement agencies of the country.

Ethnic profiling as negotiating: Traffic law enforcement in the Republic of Tatarstan (Russia)

2016 ◽  
Vol 44 (1) ◽  
pp. 55-70 ◽  
Author(s):  
Leisan Khalioullina
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Quality Measurement ◽  
Field Research ◽  
Political Values ◽  
Economic Decision Making ◽  
Ethnic Profiling ◽  
Traffic Law Enforcement ◽  
The Republic ◽  
Ethnic Policy

Complex and ambiguous relations between state officials and civilians in Russia in general, and in Tatarstan in particular, are best reflected by daily communications between traffic police officers and motorists and pedestrians. These short interactions bring up issues of violence and minority discrimination, bribing, and dominant political values. In this paper based on my field research, I explore the practice of ethnic profiling employed by police officers and analyze its effects. I focus on identity construction and its “quality measurement.” Unlike a standardized system of weights or “brute facts,” law enforcement involves the creation of identities, including selective and sanctioned usage of, and manipulation by, ethnic traits. I conclude that ethnic profiling exists in Tatarstan, but stems not from nationalist inspirations of the controlling agents, but rather as an effect of rational economic decision-making. I also argue that despite its haphazard nature, ethnic minorities in Tatarstan are able to interact with controlling agencies more effectively than the majority, partially due to their alleged ability to employ collective action and partially because of the specific ethnic policy of the Republic.

Legislation of the Republic of Kazakhstan Regarding Criminal Infractions and the Law Enforcement Practice

2018 ◽  
Vol 9 (1) ◽  
pp. 194
Author(s):  
Aibar S. NURKHAN
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
World Economy ◽  
Criminal Responsibility ◽  
Legal Framework ◽  
Criminal Code ◽  
Comparison Analysis ◽  
State Administration ◽  
The Law ◽  
The Republic

Studying of issues regarding criminal infractions – whether intended or imprudent – plays quite a significant role. Fundamental changes taking part in world economy and politics, globalization processes, as well as internal dynamics of country development, undoubtedly, have impact on national legal framework, including criminal law. Therefore, the main goal of the present paper is the analysis of legislation of the Republic of Kazakhstan regarding criminal infractions and the law enforcement practice. To reach this goal authors have used methods of comparison, analysis and data systematization. As a result it has been found that in Kazakhstan there are at average 4,3 registered criminal infractions per a convict. The term of criminal infraction has appeared in the Criminal Code in 2014 to cover offences of small gravity and administrative violations that cannot be referred to the sphere of state administration. Authors have revealed the punishment in the present day Kazakhstan is not a main form of criminal responsibility realization. In the majority of cases linked to criminal infractions the persons committed them are relieved from criminal responsibility at the stage of prejudicial inquiry.

scholarly journals Implementing the Code of Ethics for Police Officers as Corruption Actors

2019 ◽  
Vol 6 (2) ◽  
pp. 116
Author(s):  
Franciska Mifanyira Sutikno ◽  
Indah Dwi Miftachul Jannah
Keyword(s):  
Police Officers ◽  
Code Of Ethics ◽  
The State ◽  
Applicable Law ◽  
State Police ◽  
The Republic ◽  
Legal Consequences

Police is a profession requiring law and code of ethics as a benchmark for any actions and legal consequences. The code of ethics in the State Police of the Republic of Indonesia is applied in corruption along with the applicable law. This study aims to analyze and compare the implementation of the code of ethics of the Police in corruption in Indonesia and Singapore. This study applied a normative juridical approach. The results showed that the code of ethics is internal, administratively binding and implemented in Indonesia and Singapore following the legislations in a coordinated manner. The conclusion of the study is that the implementation of the code of ethics in corruption is carried out without violating the provisions of criminal acts processing by the authorities.Keywords: Indonesia, Police, Code of Ethics, Singapore, Corruption.�Pengimplementasian Kode Etik pada Polisi sebagai Pelaku Tindak Pidana Korupsi�AbstrakPolisi merupakan suatu profesi yang membutuhkan hukum dan kode etik sebagai menjadi tolak ukur tindakan dan akibat hukumnya. Kode Etik dalam Polri diterapkan dalam tindak pidana korupsi beriringan dengan hukum yang berlaku. Tujuan dari penelitian adalah untuk menganalisis dan membandingkan pengimplementasian kode etik polri dalam tindak pidana korupsi di Indonesia maupun Singapura. Metode penelitian yang digunakan dengan metode pendekatan yuridis normative yaitu peraturan perundang-undangan dan perbandingan. Hasil penelitian menunjukkan bahwa kode etik bersifat internal, mengikat secara administratif dan pengimplementasian di Indonesia dan Singapura mengikuti ketentuan peraturan perundang-undangan secara koordinatif. Simpulan penelitian adalah pengimplementasian kode etik dalam tindak pidana korupsi dilakukan dengan tidak melanggar ketentuan pemprosesan tindak pidana oleh otoritas.Kata Kunci: Indonesia, Kepolisian, Kode Etik, Singapura, Tindak Pidana Korupsi.

scholarly journals Global Reform of the Labor Code of the Republic of Belarus in 2019-2020 (Issues of Labor and Collective Agreements)

Lex Russica ◽  
2020 ◽  
pp. 143-154
Author(s):  
K. L. Tomashevski ◽  
E. A. Volk
Keyword(s):  
Law Enforcement ◽  
Collective Agreement ◽  
Collective Agreements ◽  
Technical Errors ◽  
Legal Method ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Law ◽  
The Republic ◽  
Personnel Practice

The law of the Republic of Belarus of July 18, 2019 No. 219-Z "On changing laws" introduced significant changes and additions to the Labor Code of the Republic of Belarus. These innovations can be assessed as the third global reform of labor legislation. The importance of this reform is evidenced by the following facts. First, more than 170 articles were corrected. Second, the Code was supplemented with two new chapters. Third, 12 new articles were introduced (except for new chapters), about the same number of articles were excluded. Fourth, 25 articles of the Labor Code of the Republic of Belarus were set out in a new version. The paper analyzes in detail the new legal definitions of labor function, qualification, contract, and local legal acts. The Law of July 18, 2019 No. 219-Z introduced a new Chapter in the Labor Code of the Republic of Belarus on the contract system of employment, which implemented norms from a number of decrees and decrees of the President of the Republic of Belarus. In the course of the last reform, the Labor Code of the Republic of Belarus amended the provisions on the term of the employment contract, employment, transfer, changes in essential working conditions, and dismissal of an employee. The paper reveals a number of conflicts, legal and technical errors and legal uncertainties associated with the adoption of the Law of July 18, 2019 No. 219-Z, which may lead to problems in practice when applying the updated Labor Code of the Republic of Belarus. Special attention is given to the new rules of the Labor Code of the Republic of Belarus on the extension and scope of the collective agreement. The authors make suggestions for improving the labor legislation of Belarus. The comparative legal method is used, in particular, it is compared with the labor legislation of the Russian Federation. It is concluded that the Belarusian legislator has not approached the reform of the Labor Code of the Republic of Belarus in a well-thought-out and scientifically justified way. The shortcomings of the Law of July 18, 2019 No. 219-Z noted in this paper will be overcome and leveled by law enforcement and personnel practice.

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 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.

scholarly journals Penyelenggaraan Operasional Anggota Patroli Jalan Raya dalam Melaksanakan Tugas Pengawalan VVIP Maupun VIP di Wilayah Hukum Polda Bali Menurut Undang-undang Nomor 22 Tahun 2009

2021 ◽  
Vol 2 (3) ◽  
pp. 671-676
Author(s):  
Berliana Indah Sari ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Government Regulation ◽  
Road Traffic ◽  
Code Of Ethics ◽  
Secondary Data ◽  
Standard Operating Procedure ◽  
Primary Data ◽  
Police Chief ◽  
Professional Code ◽  
Standard Operating ◽  
The Republic

In the jurisdiction of the Bali Police, there are also VIP and VVIP escorts which are special escorts from the Police for working visits of government officials visiting the Unitary State of the Republic of Indonesia. In carrying out these mentoring activities, it must be in accordance with the established Standard Operating Procedure (SOP). This study aimed to examine the legal arrangements regarding the security of escorts carried out by Polri members on the way to their destination and reveal the sanctions received by Polri members in carrying out escorts that are not in accordance with Standard Operating Procedures. This study used a normative legal approach to problems and legislation. Sources of data used were primary data and secondary data obtained through reading and taking notes. Furthermore, the data were analyzed descriptively qualitatively. The results of the study indicated that the right to escort is also regulated in Law No. 22 of 2009 Article 134 concerning Road Traffic and Transportation. Sanctions received by Polri members who do not enforce discipline in escort are contained in Government Regulation of the Republic of Indonesia Number 2 of 2003 concerning Discipline of Polri Members or sanctions for violating the implementation of Polri's professional code of ethics as regulated in National Police Chief Regulation Number 14 of 2011 concerning Polri's Professional Code of Ethics.

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.

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