scholarly journals Law Enforcement towards Arrest by Hand Operation in the Prosecutor’s Office of Lampung Province

Corruptio ◽  
2021 ◽  
Vol 2 (1) ◽  
pp. 1-12
Author(s):  
Median Suwardi
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
The State ◽  
Legal Certainty ◽  
District Attorney ◽  
Governmental Organizations ◽  
The North ◽  
Non Governmental Organizations ◽  
The Difference ◽  
Empirical Approaches

The purpose of this research is to find out the results of law enforcement activities between the North Lampung District Attorney and the Kepahiang District Attorney and to find out whether the North Lampung District Attorney and the Kepahiang District Prosecutor's Office have fulfilled the principle of legal certainty in the activity of catching the hands of suspected criminal acts committed by non-governmental organizations. This research method uses normative and empirical approaches, namely normative research, which examines laws and theories. The empirical approach is made by looking at the facts and studying the law in the field. The results of the research on arrest activities carried out by the North Lampung District Prosecutor's Office, and the Kepahiang District Prosecutors' Office were carried out based on an order from the respective head of the state prosecutor's office, both the intelligence team and the joint team based on the order of the head of the state prosecutor's office. The difference between the results of law enforcement on the activities of the Attorney General's Office for Handling the arrest of the hands of the North Lampung Police was because the alleged criminal act was a general crime based on the money handed over to the victim, in contrast to the Kepahiang Prosecutor's Office which stated that the criminal act of corruption was due to the villages’ financial (Dana Desa) losses where there are proven state losses. The North Lampung District Prosecutor's Office and the Kepahiang District Prosecutor's Office have legal certainty in the activity of catching hands against non-governmental organizations who are suspected of committing a criminal act. However, the results of these activities are different.

scholarly journals SOME FACETS OF INTEGRATION IN THE MODERNIZATION OFTHE CIVIL PROCESS

2018 ◽  
pp. 13-24
Author(s):  
Z.K.Ayupova ◽  
Kussainov D.U ◽  
Winston Nagan
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Civil Process ◽  
Governmental Organizations ◽  
Procedural Law ◽  
Non Governmental Organizations ◽  
Protection Of Human Rights ◽  
Substantive Law

The rules of procedural law regulate the jurisdictional, i.e. law enforcement process, which is carried out in the form of law enforcement by specially authorized bodies (court, Prosecutor’s office, police, etc.) in cases of crimes and other offenses or in disagreements, i.e. when the subjects of legal relations cannot come to an agreement on their rights and obligations and apply to the court. Procedural law can be defined as a set (system) of legal norms, governing the procedure, the form of jurisdictional law enforcement activities of the competent state bodies on officials, aimed at the implementation of the norms of various branches of substantive law. Law enforcement in procedural law is carried out with the assistance of law enforcement agencies. The activities of the state and its bodies cover many areas of state and public life. One of the central places in this implementation of the tasks, law and order in law-abiding state with the protection of human rights and freedoms, protection of the rights and interests of the state and non-governmental organizations, labor collectives, combating crimes and other offenses. The development of law-abiding stateis one of the main aims of our society.

From Local Activism to Local Politics: The Case of Moscow

2018 ◽  
Vol 3 (4) ◽  
pp. 577-604 ◽  
Author(s):  
Yana Gorokhovskaia
Keyword(s):  
Civil Society ◽  
Local Politics ◽  
Local Level ◽  
The State ◽  
Political Candidates ◽  
Governmental Organizations ◽  
Private Realm ◽  
Non Governmental Organizations ◽  
Local Problems ◽  
Training And Support

Conventional wisdom holds that civil society is a sphere of activity separate from the state and the private realm. Due to a combination of historical, developmental and institutional factors, Russian civil society today is dominated by the state. While not all interactions with the state are seen as harmful, scholars acknowledge that most politically oriented or oppositional non-governmental organizations today face difficult conditions in Russia. In response to the restrictions on civil society and the unresponsive nature of Russia’s hybrid authoritarian regime, some civil society actors in Moscow have made the transition into organized politics at the local level. This transition was motivated by their desire to solve local problems and was facilitated by independent electoral initiatives which provided timely training and support for opposition political candidates running in municipal elections. Once elected, these activists turned municipal deputies are able to perform some of the functions traditionally ascribed to civil society, including enforcing greater accountability and transparency from the state and defending the interest of citizens.

scholarly journals Konsepsi Hukum Progresif dalam Pengaturan Tindak Pidana Korupsi di Indonesia

2020 ◽  
Vol 1 (2) ◽  
pp. 35-39
Author(s):  
Efraim Mbomba Reda ◽  
I Nyoman Putu Budiartha ◽  
I Made Minggu Widyantara
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Role Models ◽  
Research Method ◽  
Criminal Code ◽  
Legal Positivism ◽  
Sociology Of Law ◽  
Legal Certainty ◽  
Legal Research ◽  
Descriptive Method

Progressive law puts forward the sociology of law rather than legal certainty which is the focus of legal positivism. In Indonesia, this law was coined by Satjipto Rahardjo. This study aims to determine the formulation of progressive law in future criminal law, and to determine the actualization of the concept of progressive law in regulating corruption in Indonesia. The research method used is a normative legal research method with statute and conceptual approaches. The technique of collecting legal materials in this study is a descriptive method that aims to obtain the meaning of reality related to the problems to be discussed and solved in this study. The results show that in the current Criminal Code Bill, progressive law has been regulated, to be precise in Article 2 paragraph (1) and (2). Progressive law is also regulated in Law no. 48 of 2009 concerning Judicial Power. Then, the actualization of progressive law in regulating corruption in Indonesia is a judge with the powers that take into account the sociological context of society in making decisions. Judges, prosecutors and lawyers can certainly discuss together in eradicating corruption. Efforts are also being made to reconstruct and redefine the power of law enforcement. This arrangement can also encourage the KPK to be more progressive in eradicating corruption, as well as building law enforcers who have morality so that they can become role models and increase public participation, for example by forming NGOs in preventing or fighting corruption in various agencies.

scholarly journals СУБ'ЄКТНИЙ СКЛАД МУНІЦИПАЛЬНОЇ ПРАВОВОЇ ПОЛІТИКИ УКРАЇНИ

2020 ◽  
Vol 1 (2) ◽  
Author(s):  
Руслан Миколайович Хван
Keyword(s):  
Strategic Management ◽  
The State ◽  
Development Trends ◽  
Legal Policy ◽  
Legal Personality ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Status

Annotation. The article examines the essence of municipal legal policy as a system of strategic management of self-government activities. The essence and characteristics of local self-government entities, their individual categories, patterns and development trends have been investigated. It is emphasized that territorial communities, directly or indirectly, their authorities, non-governmental organizations exercise their legal personality both within the state and outside it. The prospects of functioning, improving the status of local self-government subjects have been determined..

scholarly journals The Essence of in Absentia in The Examination of Corruption Cases

Yuridika ◽  
2020 ◽  
Vol 35 (3) ◽  
pp. 533
Author(s):  
I Made Suarnawan
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
The State ◽  
Legal Certainty ◽  
Financial Loss ◽  
General Philosophy ◽  
Serious Crime

The legal vacuum associated with in absentia examinations can benefit corruptors. Unprofessional law enforcement officers can help the suspect by providing opportunities or facilities for the suspect to escape in order to suspend the investigation. In the event where the investigation is suspended for this reason, then there would be no legal certainty and fairness in the effort to recover the financial loss of the State. Article 38 of the PTPK Law only applies in the examination of cases without the presence of the defendant in the trial. In Absentia is a suspect or defendant whose whereabouts is not known, does not present for the examination of the case or whom cannot be forced to be present in the trial. The general philosophy of in absentia examination in corruption cases is that criminal acts of corruption are not justified, as they result in detrimental loss of the country's finances or economy. In the essence, in absentia examination is an effort to eradicate corruption in a serious or extraordinary manner because corruption is a serious crime and as an effort to recover the country's financial and economy loss.

scholarly journals THE DYNAMICS OF LAW ENFORCEMENT IN REGIONAL HEAD ELECTIONS DURING COVID-19 PANDEMIC

2021 ◽  
Vol 8 (2) ◽  
pp. 193
Author(s):  
Mirza Nasution ◽  
Muhammad Yusrizal Adi Syaputra
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
The State ◽  
Legal Research ◽  
Cultural Backgrounds ◽  
The People ◽  
Social Entity ◽  
Democratic Country ◽  
Laws And Regulations

The state is a social entity that consists of areas that have almost similar historical-cultural backgrounds. These areas have administrative divisions that are hierarchical in nature, where the division aims to accelerate the development and improvement of the area and the people in it. The research method used in this research is normative legal research method. The normative legal research method is a research method that looks for facts through the variables derived from the laws and regulations that are examined on their implementation and their effectiveness and shortcomings so that improvements and improvements can be made to these laws and regulations. Regional head elections are an inseparable part of a country that adheres to the principles of democracy and is even part of the characteristics of a democratic country.

الأحكام الإجرائية والموضوعية لانضمام فلسطين للمعاهدات الدولية

2018 ◽  
Vol 3 (2) ◽  
pp. 1-13
Author(s):  
Ahmed A. A. Shehab ◽  
Nurazmallail Marni
Keyword(s):  
Legal System ◽  
Comparative Method ◽  
Competent Authority ◽  
The State ◽  
International Treaties ◽  
International Treaty ◽  
Historical Method ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
National Constitution

The international treaties are among the most important sources of international law. Recent years have witnessed an exaggerated interest by the international community in the development of the international legal system through the legislation of treaties and the implementation of international commissions, bodies and non-governmental organizations. The State is no longer bound by the national Constitution and domestic legislations, but also by a series of international treaties and their obligations and responsibilities at the international and national levels. In order to ensure the validity of these procedures, the treaty requires the parties to regulate procedures for the accession to treaties within the national legal system and to determine the legal value of the international treaty in national law and the mechanism of integration and harmonization, whether by an independent law or by texting in the Constitution on the validity of the signing of treaties and its ratification. There is no doubt that the legal position in the Palestinian legislation is unclear regarding the procedural and substantive provisions of international treaties and their application in the legal system, compared to other laws that deal strictly with the legal organization of international treaties. This study aims at separating the procedural and substantive provisions of the accession to international treaties and their applications in the State of Palestine including the identification of the competent authority to sign the Convention, the mechanism for its ratification and the legal value accorded to the international treaty in Palestinian legislation by using the analytical descriptive method, the historical method, and the comparative method. تعد المعاهدات الدولية من أهم مصادر القانون الدولي، ولقد شهدت السنوات الأخيرة اهتماما مبالغا من المجتمع الدولي في تطوير المنظومة القانونية الدولية، من خلال تشريع المعاهدات وإعمال اللجان والهيئات الدولية، والمنظمات غير الحكومية، ولم تعد بذلك الدولة ملزمة بالدستور الوطني والتشريعات الداخلية فحسب، بل بمجموعة من المعاهدات الدولية أيضا،ً وما يترتب عليها من واجبات والتزامات ومسؤوليات على الصعيد الدولي والوطني. ولضمان صحة هذه الإجراءات توجب المعاهدة على الأطراف تنظيم إجراءات الانضمام المعاهدات ضمن المنظومة القانونية الوطنية وتحديد القيمة القانون للمعاهدة الدولية في القانون الوطني وآلية الإدماج والمواءمة، س واء بإصدار قانونٍ مستقل، أو النص في الدستور على صلاحية عقد المعاهدات والتوقيع والتصديق عليها. ولا شك أن الموقف القانوني في التشريع الفلسطيني يتسم بعدم الوضوح فيما يتعلق بالأحكام الإجرائية والموضوعية بإبرام المعاهدات الدولية وتطبيقها في النظام القانوني، مقارنة بقوانين أخرى تتناول بدقة التنظيم القانوني لإبرام المعاهدات الدولية، وتهدف هذه الدراسة لبيان الأحكام الإجرائية والموضوعية للانضمام للمعاهدات الدولية، وتطبيقاتها في دولة فلسطين بما يشمل تحديد السلطة المختصة بالتوقيع على الاتفاقية، وآلية التصديق عليها، والقيمة القانونية الممنوحة للمعاهدة الدولية في التشريعات الفلسطينية. وذلك باستخدام المنهج الوصفي التحليلي، والمنهج التاريخي، والمنهج المقارن.

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