scholarly journals THE IMPLEMENTATION OF REGIONAL CIVIL SERVANT INVESTIGATOR IN LAW ENFORCEMENT IN KUNINGAN DISTRICT, INDONESIA

2019 ◽  
Vol 6 (1) ◽  
pp. 23
Author(s):  
Ade Suhendra ◽  
Haris Budiman ◽  
Erga Yuhandra
Keyword(s):  
Law Enforcement ◽  
Civil Service ◽  
Civil Servant ◽  
Analytical Research ◽  
National Police ◽  
General Technical ◽  
Legal Entities

This research aims to analyze the regulation of Civil Servant Investigator based on Regional Regulation No. 6 of 2005 and the implementation of Regional Regulation No. 6 of 2005 concerning Regional Civil Servant Investigator at Office of Kuningan District Civil Service Police Unit. This descriptive-analytical research applied a normative juridical approach. The results showed that based on Regional Regulation No. 6 of 2005, Regional Civil Servant Investigator has the duties of conducting investigation on violations of Regional Regulations in which each Regional Civil Servant Investigator must be equipped with an investigation warrant signed by the supervisor of the Regional Civil Servant Investigator in conducting the investigation. Besides, Regional Civil Servant Investigator also has the duties of providing coaching which includes general, technical, and operational coaching for Civil Servant Investigator. Further, regarding the implementation of Regional Regulation No. 6 of 2005 concerning Regional Civil Servant Investigator at Office of Kuningan District Civil Service Police Unit, the Regional Civil Servant Investigator generally has carried out its duties in conducting investigation and inspection towards illegal buildings, places of business and business activities; conducting investigation and inspection towards community, apparatus or legal entities violating regional regulations, head district regulations, and head district decisions; and preparing material to be submitted to the National Police regarding follow up actions towards community, apparatus or legal entities violating regional regulations, head district regulations, and head district decisions. Thus, it can be concluded that, in general, Regional Regulation No. 6 of 2005 concerning Regional Civil Servant Investigator at Office of Kuningan District Civil Service Police Unit has been implemented well.Tujuan penelitian ini yaitu untuk mengetahui Penyidik Pegawai Negeri Sipil berdasarkan Peraturan Daerah Nomor 6 Tahun 2005 dan implementasi Peraturan Daerah Nomor 6 Tahun 2005 tentang Penyidik Pegawai Negeri Sipil Daerah di Kantor Satpol Polisi Pamongpraja Kabupaten Kuningan. Spesifikasi penelitian yang digunakan adalah penelitian bersifat deskriptif-analitis dengan pendekatan yuridis normatif. Hasil penelitian menunjukkan bahwa pengaturan Penyidik Pegawai Negeri Sipil berdasarkan Peraturan Daerah Nomor 6 Tahun 2005 dijelaskan bahwa Penyidik Pegawai Negeri Sipil Daerah mempunyai tugas melakukan penyidikan atas pelanggaran Peraturan Daerah; setiap Penyidik Pegawai Negeri Sipil Daerah dalam menjalankan tugas penyidikan harus dilengkapi dengan surat perintah penyidikan yang ditanda tangani oleh atasan Penyidik Pegawai Negeri Sipil Daerah; serta pembinaan terhadap Penyidik Pegawai Negeri Sipil meliputi: pembinaan umum, pembinaan teknis, dan pembinaan operasional. Selanjutnya implementasi Peraturan Daerah Nomor 6 Tahun 2005 tentang Penyidik Pegawai Negeri Sipil Daerah di Kantor Satpol PP Kabupaten Kuningan secara umum Penyidik Pegawai Negeri Sipil Daerah telah melaksanakan penyelidikan, penyidikan, dan pemeriksaan terhadap bangunan, tempat-tempat usaha dan kegiatan usaha tanpa izin; melaksanakan penyelidikan, penyidikan, dan pemeriksaan terhadap masyarakat, aparatur atau badan hukum yang melakukan pelanggaran atas peraturan daerah, peraturan bupati, dan keputusan bupati; dan menyiapkan bahan koordinasi kepada Keolisian Negara mengenai tindak lanjut berita acara pemeriksaan warga masyarakat, aparatur atau badan hukum yang melakukan pelanggaran atas peraturan daerah, peraturan bupati, dan keputusan bupati. Kesimpulan penelitian yaitu implementasi Peraturan Daerah Nomor 6 Tahun 2005 tentang Penyidik Pegawai Negeri Sipil Daerah di Kantor Satpol Polisi Pamongpraja Kabupaten Kuningan secara umum sudah dilaksanakan dengan baik.

scholarly journals PENEGAKAN HUKUM TERHADAP PELANGGARAN HAK MEREK DI KOTA MAKASSAR

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
St. Nurjannah
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Civil Service ◽  
Civil Servant ◽  
The Law ◽  
The Republic ◽  
National Police ◽  
The City

AbstractThe form of law enforcement against brand violations in the city of Makassar has been regulated in Law No. 20 of 2016 that has been good and perfect because it has gone through several revisions and in practice, law enforcement against these violations has been carried out well by investigators of the civil service Ministry of Law and Human Rights who work closely with the Republic of Indonesia National Police investigators and Public Prosecutors. But it is needed addition to the number of civil servant investigators in the scope of ministries that specifically deal with violations of brand rights and IPR as a whole so that enforcement and implementation of the Law / 20 of 2016 is more maximal. The stipulation of laws concerning brands which constitute complaint offenses must be changed to the usual offense of enforcement of violations of Brand Rights which can be immediately processed by the authorities without waiting for a complaint.Key Words: Law Enforcement, Brand RightsAbstrakBentuk penegakan hukum terhadap pelanggaran merek di kota Makassar telah diatur didalam UU No. 20 Tahun 2016 yang telah bagus dan sempurna karena telah melalui beberapakali revisi dan dalam prakteknya, penegakan hukum terhadap pelanggaran ini telah dijalankan dengan baik oleh penyidik pegawai negeri sipil kementerian Hukum dan Ham yang berkerja sama dengan penyidik Kepolisian Negara republik Indonesia serta Penuntut Umum. Namun, diperlukan penambahan jumlah penyidik pegawai negeri sipil dilingkup kementrian yang khusus menangani pelanggaran hak merek dan HKI secara keseluruhan agar penegakan dan penerapan UU/20 tahun 2016 lebih maksimal. Penetapan UU tentang merek yang merupakan delik aduan harus diubah menjadi delik biasa sehingga penegakan terhadap pelanggaran Hak Merek dapat segera diproses oleh pihak yang berwajib tanpa menunggu adanya aduan.Kata Kunci: Penegakan Hukum, Hak Merek

scholarly journals Immigration Civil Service Investigator Authority in Implementing Investigation and Investigation as Law Enforcement Efforts on Immigration Criminal Actions

2019 ◽  
Vol 1 (2) ◽  
pp. 59-71
Author(s):  
Ridha Nikmatus Syahada ◽  
Muhammad Azzam Alfarizi
Keyword(s):  
Law Enforcement ◽  
Analytical Study ◽  
Human Mobility ◽  
Civil Servant ◽  
Legal Order ◽  
Immigration Law ◽  
Vital Function ◽  
Cross Border ◽  
International Human ◽  
National Police

Monitoring international human mobility through cross-border countries in terms of immigration has various implications for a country's survival. Immigration has a vital function in supervising and implementing the law on the traffic of foreign nationals and inhabitants of their own country in order to compensate for the threat that enters a country's territory. Immigration law enforcement is carried out both administratively and pro-judicially in its application. An Immigration Civil Servant Investigator (PPNS) is constituted in the Immigration Office to carry out its role and to deal with immigration offences that arise. This study is a descriptive analytical study of the flaws discovered with the juridical normative method employed by gathering and analyzing the literature sources gathered. Immigration Civil Servant Investigators are legally liable for their investigative acts in line with the applicable rules and regulations when conducting investigations, while official responsibilities are carried out hierarchically. Article 105 of Law Number 6 of 2011 establishes the presence of civil servant investigators, which certifies that immigration investigators are authorized to examine immigration offences committed in line with the terms of this Law. However, in its implementation, PPNS Immigration can collaborate with the National Police to carry out supervision, investigation, and investigation to optimize its supervisory and law enforcement tasks in order to help carry out both preventive and repressive law enforcement in order to build a conducive legal order

scholarly journals Optimizing The Role of Immigration Civil Servant Investigator in Treating Criminal Actions of People Smuggling

2020 ◽  
Vol 2 (1) ◽  
pp. 35-45
Author(s):  
Doniar Andre Vernanda ◽  
Tony Mirwanto
Keyword(s):  
Law Enforcement ◽  
Civil Servant ◽  
Immigration Law ◽  
Public Prosecutor ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Criminal Sanctions ◽  
Case Files ◽  
National Police

Immigration law enforcement is carried out by civil servant investigators (PPNS) of Immigration by the mandate of Law No. 6 of 2011 on immigration. Immigration civil servant investigators have the authority to carry out the investigation process to hand over case files for subsequent prosecution in court by the public prosecutor. The results and discussion of this research are: (i) People smuggling is a crime where people illegally enter humans without legal and valid immigration travel documents aimed at personal or group gain by entering a country without going through an examination. immigration at the immigration checkpoint (TPI). Criminal sanctions related to human smuggling are regulated in article 120 of the Immigration Law with a maximum threat of 15 years and a fine of Rp. 1,500,000,000.00. (ii) According to the Immigration Law, pro Justitia law enforcement in immigration crimes is carried out by immigration civil servant investigators who have the duties and functions of carrying out investigations & investigations, coordinating with the National Police and other law enforcement agencies as well as carrying out other matters which are ordered by immigration Law

scholarly journals Policy Formulations of the Fisheries Criminal Act: An Investigation of the Authority of the Criminal Justice System in Indonesia

2014 ◽  
Vol 2 (1) ◽  
pp. 165
Author(s):  
Deassy J. A. Hehanussa ◽  
Koesno Adi ◽  
Masruchin Ruba’i ◽  
Pridja Djatmika
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Civil Servant ◽  
Maritime Security ◽  
Public Prosecutor ◽  
Procedure Code ◽  
National Police

Law enforcement implementation of fisheries criminal act especially for investigation based on Article 73 (1) of Law No. 45 of 2009 is executed by Fishery Civil Servant Investigator (PPNS), Investigator of Indonesian Navy officer and/or Investigator of Indonesian National Police. This investigation authority is called as attribution authority meaning that the authority is granted by the order of law. This regulation grants the same authority to these three institutions to investigate and submit their investigation report to public prosecutor without any cohesive system in its implementation. If it is linked to Law No. 8 of 1981 as an illustration of criminal justice system of Indonesia which is referred as the basis of common and specific criminal law enforcement, it emerges juridical weakness as a consequence of regulation inconsistency including conflict of norm between Criminal Procedure Code (KUHAP) and Fisheries Act. This inconsistency emerges conflict of authority among those investigators and emerges law indeterminacy. Hence, reformulate investigation authority of fisheries criminal act needs to be conducted along with paying attention on waters territory of Indonesia upon Law No. 6 of 1996 about Waters Territory of Indonesia despite law enforcement mechanism which had to be enforced corporately. This study result concludes that inconsistency of investigation authority formulation in fisheries criminal act in criminal justice system not only emerges fuzziness of norm but also conflict of norm between Law No. 8 of 1981 about Criminal Procedure Code and Law No. 45 of 2009. This emerges because there is an overlapping of investigation authority among 3 institutions, i.e., Fishery Civil Servant, Indonesian Navy and the Police. Formation team of Indonesian Maritime Security Coordinating Board (Bakorkamla) only has an authority as coordinating function. Hence, to maximize the law enforcement in the ocean, function of Indonesian Maritime Security Coordinating Board should be improved as a coordinator of law enforcement in ocean territory of Indonesia.

scholarly journals Legal Education In Higher Educational Establishments Of The Ministry Of Internal Affairs Of Ukraine: Pro E Contra

2020 ◽  
pp. 139-149
Author(s):  
Yu.D. Nikitina ◽  
Yu.R. Balan ◽  
N.R. Lashchuk
Keyword(s):  
Law Enforcement ◽  
Legal Education ◽  
Public Authorities ◽  
Learning Conditions ◽  
Pros And Cons ◽  
Higher Educational ◽  
Forensic Scientists ◽  
National Police ◽  
Specific Learning ◽  
Legal Entities

The pros and cons arguments of the possibility of granting legal education to the students on the speciality “Law” in the higher educational establishments with specific learning conditions are considered in the article. There are the following options: 1) the possibility of training on the speciality “Law Enforcement” of investigators, interrogating officers, operatives employees, forensic scientists for the needs of the national police or other public authorities exclusively; 2) the possibility of training on the speciality “Law Enforcement” of investigators, interrogating officers, operatives employees, forensic scientists for the needs of the national police or other public authorities exclusively, but at the same time training of “broad” lawyers on the speciality “Law” at the expense of individuals and legal entities; 3) the possibility of training both on the specialities “Law Enforcement” and “Law” of investigators, interrogating officers, operatives employees, forensic scientists for the needs of the national police or other public authorities and “broad” lawyers on the speciality “Law” at the expense of individuals and legal entities. It is stated that legal education of lawyers in higher educational establishments with specific learning conditions is not only possible but also appropriate. Legislative restriction of the range of educational institutions that can train lawyers leads to a lack of competition as competition is the key to improving quality of education.

scholarly journals The Implementation Of Criminal Law To The Forester Of Land And Land Combustion In Blora Regency

2020 ◽  
Vol 3 (2) ◽  
pp. 275
Author(s):  
Solikun Ni'am ◽  
Akhmad Khisni ◽  
Lathifah Hanim
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Forest Fires ◽  
Public Awareness ◽  
Secondary Data ◽  
Analysis Method ◽  
The Public ◽  
Approach Method ◽  
Analytical Research ◽  
National Police

The problems discussed in this study are how is the enforcement of criminal law against the perpetrators of forest and land burning in Blora Regency, as well as the factors inhibiting the enforcement of criminal law against perpetrators of forest and land burning in Blora Regency and its solutions. The approach method used is normative juridical, descriptive analytical research specifications. The data used is secondary data. Data collection method is a field study. The data analysis method uses qualitative analysis. As a knife for analysis, law enforcement theory, justice theory and legal certainty theory are used. The results showed that criminal law enforcement against perpetrators of forest and land burning in Blora Regency was not running optimally. This is evidenced by the absence of investigative efforts carried out by PPNS and the National Police in the crime of burning forests and land, so that there has never been a case of forest fires that has been resolved through a criminal route. Law enforcement efforts are preferred through preventive measures. The inhibiting factors of criminal law enforcement against forest and land arsonists in Blora Regency are the factors of laws where there is disharmony of laws governing forest and land burning crimes, difficulties in finding perpetrators and witnesses, limited costs in investigating forest crime and land and lack of public awareness. The solution to overcome these obstacles is to make criminal law the last resort in enforcing forest and land burning laws, not continuing forest fire cases to the investigation stage, and conducting socialization to the public about preventing forest and land burning.Keywords: Criminal Law Enforcement; Forest And Land Burning.

scholarly journals The Issue of Authority Between the National Police Republic of Indonesia and National Narcotics Agency in Handling The Case of Narcotics

2018 ◽  
Vol 7 (4) ◽  
pp. 435
Author(s):  
Isya Nalapraja
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Civil Servant ◽  
Police Force ◽  
Legal Research ◽  
The Poor ◽  
National Police

Narcotics eradication is carried out by the National Narcotics Agency based on Law Number 35 of 2009 concerning Narcotics concerning investigations, and narcotics precursor accompanied by wiretapping. In addition to the National Narcotics Agency in Law Number 2 of 2002 concerning the Police that Police Investigators and Civil Servant Investigators have the same authority in combating narcotics. This will lead to a mechanism duet against law enforcement in the framework of eradicating narcotics. This study uses normative legal research methods that depart from the existence of conflicting norms between the authority of the Police and the National Narcotics Agency. Due to the occurrence of authority disputes between the National Narcotics Agency and the Police Force, law enforcement has been ineffective because of the poor coordination of the two institutions and Agency, resulting in competing for authority and causing abuse of authority.

scholarly journals Analysis Of Criminal Liability Crime of Legislative Elections (Case Study Legislative Elections in Semarang)

2019 ◽  
Vol 2 (1) ◽  
pp. 83
Author(s):  
Nur Muchammad ◽  
Munsharif Abdul Chalim
Keyword(s):  
Law Enforcement ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
District Court ◽  
Legislative Elections ◽  
National Police ◽  
Formal Requirements ◽  
The City

This study aims to determine the form of criminal responsibility to the crime of legislative elections in Semarang; and obstacles in the implementation of criminal law enforcement against criminal acts of the legislative elections in the city of Semarang.The results showed that the process of law enforcement against criminal acts in general legislative elections held in the context of the criminal justice system in Indonesia, which includes the process of investigation by the police, prosecution by prosecutors and sentencing / verdict by the District Court. Criminal investigations are conducted legislative elections Police, in accordance with the provisions of Article 1 Paragraph (13) of Act No. 2 of 2002 on the Indonesian National Police. In the organization of the legislative elections, in the enforcement of the criminal acts of the legislative elections undergone many obstacles such as: Non-fulfillment of formal requirements and substantive a report criminal election, which resulted election supervisors or investigators difficulty to follow up a report, on terms materially one of them seek witnesses were very hard done by the Election Supervisory; The absence of witnesses because people who know the incident did not dare to testify due to intimidation;The limited time handling criminal offense elections, at both or election supervisory level law enforcement officers.Keywords: Criminal Liability; Crime; Legislative Election.

Evaluation of ‘the R-Model’ crisis intervention de-escalation training for law enforcement

2019 ◽  
Vol 93 (4) ◽  
pp. 271-289 ◽  
Author(s):  
Jillian Peterson ◽  
James Densley ◽  
Gina Erickson
Keyword(s):  
Law Enforcement ◽  
Crisis Intervention ◽  
Health Resources ◽  
Police Department ◽  
Preliminary Evidence ◽  
Outcome Evaluation ◽  
Calls For Service ◽  
Model Research ◽  
One Year

This study presents findings from a process and outcome evaluation of a custom crisis intervention and de-escalation training for law enforcement, delivered in-house to a suburban Minnesota police department (the R-Model: Research, Respond, Refer). Individual officer survey data showed the R-Model significantly decreased stigma and increased self-reported knowledge of mental health resources over baseline. Knowledge of resources held at the 4-month follow-up. One-year follow-up data at the agency level, showed decreases in the number of crisis calls for service and the number of repeat calls to the same addresses, even when compared to crisis call rates at similar police departments. Findings provide preliminary evidence that the R-Model may be an effective model that warrants additional study.

DEPENDENCE OF THE COMPANY'S LEGAL PERSONALITY FROM THE PERSONALITY OF ITS SHAREHOLDER AS A TREND OF LEGISLATION AND LAW ENFORCEMENT PRACTICE

2021 ◽  
Vol 14 (2) ◽  
pp. 52-58
Author(s):  
MARIETTA SHAPSUGOVA ◽  
Keyword(s):  
Law Enforcement ◽  
Limited Liability ◽  
Complete Separation ◽  
Socialist Economy ◽  
Legal Entity ◽  
Legal Personality ◽  
Long Time ◽  
Law And Legislation ◽  
Market Relations ◽  
Legal Entities

The concept of a legal entity as an independent legal entity, independent distinctiveness of its participants was formed gradually. In the Fatherland Law, it reached its climax in the Soviet era. It was then that such classical features of a legal entity were formulated as organizational unity, property isolation, and independent responsibility. The economic system drove this approach. In a planned socialist economy, an individual could not be the owner of the means of production, and therefore the legal personality of an enterprise was maximally alienated from a person's personality, which was reflected in its characteristics. For a long time, by inertia in Russian law and legislation, this alienation of the shareholder's personality from the legal entity's personality was preserved. The reason for the revision of this approach was the abuse by limited liability participants of legal entities controlled by them, using such a person as a "mask" for their activities and leading to a violation of creditors' interests. In this regard, with Russia's transition to market relations, an interest arose in the foreign theory of corporate law, which developed mechanisms to combat such abuses, studies of corporate forms of a legal entity, and mechanisms for bringing controllers and beneficial owners to justice were updated. The article examines the dynamics of the transformation of a legal entity's theory from dependence to independence and again to its dependence. It is argued that the shareholder's connection with the legal entity is preserved, and complete separation of the legal personality from the shareholder's personality is impossible, which is confirmed by the doctrine, law enforcement practice, and trends in the development of legislation on legal entities.

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