scholarly journals MENGGAGAS KONSEP DAN MODEL IDEAL PERLINDUNGAN HUKUM TERHADAP WHISTLEBLOWER DAN JUSTICE COLLABORATOR DALAM UPAYA PENANGGULANGAN ORGANIZED CRIME DI INDONESIA MASA MENDATANG

2014 ◽  
Vol 3 (2) ◽  
pp. 101
Author(s):  
Lilik Mulyadi
Keyword(s):  
Organized Crime ◽  
Criminal Investigation ◽  
Public Prosecutor ◽  
Partial Protection ◽  
The Public ◽  
Trial Process ◽  
Rights Issues

Practice of whistleblower and justice collaborator law protection especially in the effort to destroy the organized crime in Holland, germany and Australia to institution and the protect orientation is variatif and partial. Protection practice in Holland uses witness agreements, it is the agreement between the public prosecutor and witness to give the testimony with reward especially to organized crime. In Germany, trough Witness Protection Law In Process Criminal Investigation and Protection Against Victims (Zeugenschutzgesetz/ZschG). Essentially, Zeugenschutzgesetz/ZschG rules the dimention for the witnesses, both witnesses and not the victims. Besides, it is also ruled about rights issues witnesses before the trial and during the trial process. On the aspect of witness rights before the trial include the examination of witnesses in the policemen and prosecution, the secret of witness identity and the changes of witness identity. Then, the witness right in the trial are separated examination of the suspect and inspection with a camera recording. Then in Australia trough the National witness Protection Program with a secret identity, no responsibility in criminal and civil, the protection from the defamation, the protection from criminal acts of retaliation and conditionalprotection if their names are published to the media.Keywords: Law Protection, whistleblower, justice collaborator and organized crime

Public Prosecutors in Criminal Investigations

2021 ◽  
pp. 2-34
Author(s):  
Stefano Ruggeri
Keyword(s):  
Criminal Justice ◽  
Dominant Role ◽  
New Technology ◽  
Fundamental Rights ◽  
Criminal Investigation ◽  
Public Prosecutor ◽  
Judicial Cooperation ◽  
Public Prosecution ◽  
The Public ◽  
European Court

The purpose of this study is to analyze how public prosecutors act in pre-trial inquiries, and, therefore, how criminal investigation leads to the institution and carrying out of public prosecution. In every model of fair criminal justice, the initiation of a criminal trial entails enormous human, organizational and financial costs, which explains the need for pre-trial investigations. The features and dynamics of pre-trial inquiries vary considerably, however. Some jurisdictions grant the public prosecutor the power to direct a criminal investigation. In those criminal justice systems that still rely on an investigative judge or magistrate, the judicial authority holds the dominant role in the pre-trial inquiry. Still others allow law enforcement agents to operate without direct supervision from prosecutors or judicial authorities. Recent years have witnessed the increasing worldwide use of intrusive measures of investigation, unprecedented because of their hidden nature or their reliance on new technology. Legislative regulations of new investigative techniques have strengthened the reach of public prosecutors. All this leads us to view the public prosecutor’s legal action in pre-trial inquiries in terms of public prosecution after investigations interfere with fundamental rights of the individuals charged with suspicion of guilt. The case-law of the European Court of Human Rights contributes to this view of the relationship between criminal investigation and public prosecution.The investigative powers of public prosecutors are further strengthened in the field of transnational criminal justice. Judicial cooperation in the EU area in recent years provides significant examples of this phenomenon, such as a new, wide-ranging instrument of transnational evidence-gathering, known as the European investigation order. This framework contributed to the enhancement of the investigative powers of public prosecutorial services within EU countries, by treating public prosecutors as judicial officers. The new European Public Prosecutor’s Office also increased the powers of prosecutorial services in member nations when they cooperate with the EPPO in transborder cases.

scholarly journals PELAKSANAAN PENANGANAN PENYIDIKAN TINDAK PIDANA PERSETUBUHAN DAN PENCABULAN TERHADAP ANAK DI POLSEK EMPAT ANGKAT CANDUNG

2019 ◽  
Vol 5 (1) ◽  
pp. 173
Author(s):  
Rahmat Fauzi
Keyword(s):  
Sexual Abuse ◽  
Human Resources ◽  
Sexual Intercourse ◽  
Social Service ◽  
Criminal Investigation ◽  
Public Prosecutor ◽  
The Public ◽  
Police Station ◽  
The Social ◽  
To Come

The purpose of this study was to find out and analyze the implementation of a criminal investigation of sexual intercourse and sexual abuse of children in the Fourth Admission Police Station. The method used in this research is empirical juridical research. The results showed that the research on the crime of intercourse and sexual abuse of children carried out by the investigating authority was in accordance with the provisions of the legislation. Investigation of this case is in accordance with the existing rules of receiving reports, confiscating evidence, arresting, detaining filing and sending files to the Public Prosecutor (P21). Factors inhibiting irregularities in the process of criminal acts of sexual intercourse and sexual abuse of children are: human resources from the investigator, victims are still children, the suspect does not argue, has nothing to do with seeing directly and does not want to come to provide assistance Information and bordering forensic doctors. The way out by investigators in the process of sexual intercourse and sexual abuse of children is to increase existing investigators and those requested by investigating members to the police station, allocate and request assistance to assist these sexual acts of sexual intercourse and coitus with the Social Service Bukittinggi, replace a lot of information and opinions will not come, then called back after it was visited at home to be able to provide information, the suspect did not confess then the investigator made a case at the location, processing evidence and multiply giving reports to provide information and help the doctor Forensics, the investigator is still waiting for the results of the post mortem.

scholarly journals Witness Protection in Kosovo: Progress and Challenges

2015 ◽  
Vol 3 (1) ◽  
pp. 248
Author(s):  
Kadri Arifi
Keyword(s):  
Law Enforcement ◽  
Organized Crime ◽  
Criminal Investigation ◽  
Sufficient Evidence ◽  
Public Security ◽  
The Public ◽  
Investigation Methods ◽  
Crime Investigation ◽  
Legal Infrastructure ◽  
Investigation Procedure

The role and importance of the witnesses in criminal procedure in fighting serious and organized crime, corruption, terrorism and preserving the public security have continuously increased. Law enforcement institutions increasingly face with difficulties in the process of proving criminal acts in the judicial processes because of their complexity in providing sufficient evidence during the criminal investigation procedure. Therefore, besides the reactive investigation methods and application of special crime investigation measures, establishing a legal infrastructure and capacities for the implementation of witness protection concept is necessary as well. Kosovo government and institutions declared fight and prevention of all forms of organized crime, corruption and terrorism as a priority and up to now, it was evaluated that a great job was done in drafting legislation and strategic documents in the law enforcement field as well as increasing the operational capacities of law enforcement institutions. Regarding the witness protection in Kosovo, progress is achieved in improving legislation and establishing special structures for implementation of witness protection programs, but still remain some challenges that Kosovo law enforcement institutions face such as international cooperation and geographic, cultural and social specifics.

scholarly journals KESAKSIAN PENYIDIK DALAM PEMBUKTIAN PERKARA PIDANA (STUDI KASUS : PUTUSAN NO. 1273/PID.B/2013/PN.JKT.SEL)

2019 ◽  
Vol 1 (2) ◽  
pp. 449
Author(s):  
Ariadi Hanta Wijaya ◽  
Firman Wijaya
Keyword(s):  
Criminal Law ◽  
Civil Servants ◽  
Criminal Investigation ◽  
Criminal Case ◽  
Public Prosecutor ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
The Public ◽  
The Core ◽  
Almost All

In the context of criminal law, proof is the core of criminal proceedings because what is sought in criminal law is material truth. Basically, this aspect of proof has actually begun at the stage of criminal investigation. The act of investigation and investigation will be carried out immediately in the event of a criminal offense, the existence of a criminal offense can be known by the officer, with reports, complaints, caught red-handed, or known directly by the officer. So, before an act of investigation is carried out, an investigation is carried out by an investigating official, with the intention and purpose of finding and finding an event that is investigated a criminal event or not, if the investigation results as a criminal event, an investigation can be carried out. or certain civil servants who are authorized to carry out investigations, before the investigator conducts investigations such as making arrests, calling, searching, detaining, confiscating, the investigator must notify the public prosecutor so that the prosecutor can follow his investigation from the beginning, and if deemed necessary to give instructions in order to perfect the investigation. In the murder case with the defendant Andro and Benges, the witnesses presented by the Public Prosecutors in the trial were almost all investigators who examined this case. If only an investigator is present in proving someone guilty or not in a criminal case, of course the investigator will justify what he has done so that his statement becomes not objective.

scholarly journals ANALISIS PUTUSAN BEBAS TERHADAP PELAKU TINDAK PIDANA NARKOTIKA DI PENGADILAN NEGERI MAKASSAR

2021 ◽  
Vol 2 (2) ◽  
pp. 73-77
Author(s):  
Andi Ilham Anwar ◽  
Marwan Mas ◽  
Abdul Salam Siku
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
District Court ◽  
Public Prosecutor ◽  
The Public ◽  
Trial Process ◽  
Legal Provisions ◽  
Subjective Element ◽  
Judicial Authority

Penelitian ini bertujuan untuk mengetahui proses penerapan hukum pidana materiil dalam tindak pidana narkotika, mengetahui pertimbangan hakim tentang hal – hal yang memberikan penjatuhan Putusan Bebas Pasal 191 KUHP Ayat (1) terhadap terdakwa tindak pidana narkotika, menganalis dan mengamati fakta – fakta pada persidangan. Penelitian ini dilaksanakan di Kantor Pengadilan Negeri di Kota Makassar. Hasil Putusan 1434/Pid.Sus/2018/PN Mks. Jaksa Penuntut umum menggunakan dakwaan alternative Pasal 114 ayat (2) Jo Pasal 132 ayat (1) Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika atau pasal 112 ayat (2) Jo Pasal 132 ayat (1), dimana unsur dan pasal saling berkesesuaian, namun berdasarkan fakta persidangan dan pengakuan saksi-saksi khususnya saksi a de charger dimana pasal yang didakwakan memuat unsur subjektif yaitu setiap orang, namun fakta antara apa yang didakwakan unsur setiap orang (terdakwa) tidak memiliki hubungan dari pengembangan atas kasus narkotika, sehingga atas keterangan tersebut majelis berkesimpulan bahwa unsur setiap orang pada pasal ini tidak terbukti, oleh sebab itu sudah sepatutnya terdakwa dibebaskan dari dakwaan, mengingat ketentuan pasal 191 KUHP ayat (1) dan ketentuan Hukum lainnya yang saling berkaitan. Hasil penelitian ini menunjukkan bahwa pelaksanaan Proses persidangan berjalan tanpa mengesampingkan penyelenggaraan kekuasaan kehakiman pada kasus tindak pidana narkotika. This study aims to determine the process of applying the material criminal law in narcotics crime, to know the judge's considerations on matters that provide the ruling on Article 191 of the Criminal Code Free Verdict Paragraph (1) against narcotics criminal defendants, to analyze and observe facts at the trial. This research was conducted in the District Court Office in Makassar City. From this study, the authors get the verdict of 1434 / Pid.Sus / 2018 / PN Mks. The Public Prosecutor uses the alternative indictment of Article 114 paragraph (2) Jo Article 132 paragraph (1) of Law Number 35 Year 2009 concerning Narcotics or Article 112 paragraph (2) Jo Article 132 paragraph (1), where the elements and articles are compatible, but based on the facts of the trial and the testimony of witnesses especially witness a de charger where the article charged contains a subjective element that is each person, but the fact between what is charged by the element of each person (the defendant) has no relationship with the development of narcotics cases, so based on the information the panel of judges concluded that the element of each person in this article was not proven, therefore the defendant should have been acquitted of the indictment, bearing in mind the provisions of article 191 of the Criminal Code paragraph (1) and other interrelated legal provisions. The results of this study indicate that the implementation of the Trial Process proceeded without prejudice to the implementation of judicial authority in narcotics crime cases.

scholarly journals Witness Protection in Kosovo: Progress and Challenges

2015 ◽  
Vol 1 (3) ◽  
pp. 248
Author(s):  
Kadri Arifi
Keyword(s):  
Law Enforcement ◽  
Organized Crime ◽  
Criminal Investigation ◽  
Sufficient Evidence ◽  
Public Security ◽  
The Public ◽  
Investigation Methods ◽  
Crime Investigation ◽  
Legal Infrastructure ◽  
Investigation Procedure

The role and importance of the witnesses in criminal procedure in fighting serious and organized crime, corruption, terrorism and preserving the public security have continuously increased. Law enforcement institutions increasingly face with difficulties in the process of proving criminal acts in the judicial processes because of their complexity in providing sufficient evidence during the criminal investigation procedure. Therefore, besides the reactive investigation methods and application of special crime investigation measures, establishing a legal infrastructure and capacities for the implementation of witness protection concept is necessary as well. Kosovo government and institutions declared fight and prevention of all forms of organized crime, corruption and terrorism as a priority and up to now, it was evaluated that a great job was done in drafting legislation and strategic documents in the law enforcement field as well as increasing the operational capacities of law enforcement institutions. Regarding the witness protection in Kosovo, progress is achieved in improving legislation and establishing special structures for implementation of witness protection programs, but still remain some challenges that Kosovo law enforcement institutions face such as international cooperation and geographic, cultural and social specifics.

Incidence of Completed and Attempted Suicide in Trabzon, Turkey

Crisis ◽  
2002 ◽  
Vol 23 (1) ◽  
pp. 3-10 ◽  
Author(s):  
Mustafa Bilici ◽  
Mehmet Bekaroğlu ◽  
Çiçek Hocaoğlu ◽  
Serhat Gürpınar ◽  
Cengiz Soylu ◽  
...  
Keyword(s):  
Suicide Risk ◽  
Attempted Suicide ◽  
Medical Center ◽  
Study Data ◽  
Public Prosecutor ◽  
Suicide Method ◽  
Hospital Data ◽  
State Institute ◽  
The Public ◽  
Completed Suicide

Summary: Objective: Studies of completed and attempted suicide in Turkey are based on data of State Institute of Statistics (SIS) and emergency clinics of the large hospitals. This study seeks (1) to find, independent of the SIS and hospital data, the annual incidences of completed and attempted suicide in Trabzon, Turkey; (2) to examine the associated factors between the incidence of completed and attempted suicide. Method: The data are derived by using a method specially designed for this study. Data sources include emergency clinics in all hospitals, village clinics, the Forensic Medical Center of Trabzon, the Governorship of Trabzon, “mukhtars” (local village representatives) of neighborhoods, the Office of the Public Prosecutor of Trabzon, the Police Headquarters and Gendarmerie, and the local press organs. Results: The incidences of completed and attempted suicide per 100,000 inhabitants turned out to be 2.60 and 31.5, respectively, whereas the SIS reported the incidence of completed suicide to be 1.11 per 100,000 inhabitants in Trabzon in 1995. Conclusion: Our results demonstrate that SIS data are inadequate for suicide research in Turkey. Our findings show that the risk of completed and attempted suicide is high in young, unmarried, and unemployed persons, and that these groups must be carefully evaluated for suicide risk. The study highlights the need for culture-specific research on suicidal behavior in Turkey.

THE INTERPRETATION OF ISLAM WITHIN THE FRAMEWORK OF THE INDIGENOUS MALAYA

2021 ◽  
Vol 4 (2) ◽  
pp. 1-9
Author(s):  
Datuk Assoc. Prof. Dr. Wan Ahmad Fauzi Wan Husain
Keyword(s):  
Qualitative Study ◽  
Legal History ◽  
Legal Framework ◽  
Public Prosecutor ◽  
The Public ◽  
Accurate Interpretation ◽  
Federal Constitution ◽  
Indigenous Sovereignty

This article attempts to explore the Islamic interpretation within the legal framework of the Malayan indigenous sovereignty. The position of Islam within the country’s legal framework became important when the Court’s decision in Che Omar Che Soh vs the Public Prosecutor, made the sovereignty of the Malay Rulers as a parameter in interpreting Islam within the context of Article 3 of the Federal Constitution. This is a qualitative study applying the legal history design. The findings showed the indigenous sovereignty was sourced from the Islamic teachings which had not been dissolved despite the introduction of the doctrine of advice by the British. Besides, the agreement made between the Malay Rulers and the British retained the indigenous sovereignty despite of various policies introduced by the British throughout their interference in Malaya which was subjected to the old Malayan Constitution. In conclusion, the accurate interpretation of Islam should be based on the al-Qur'an and al-Sunnah because it is in line with the principle of the indigenous sovereignty inherited from the Malay Sultanate of Malacca.

The Challenges in Dealing with Organized Crime and its Consequences in Modern Societies in Albania, Kosovo and Macedonia – the Balkan Peninsula

2015 ◽  
Vol 5 (1) ◽  
pp. 161
Author(s):  
Bashkim Selmani ◽  
Bekim Maksuti
Keyword(s):  
Organized Crime ◽  
Balkan Peninsula ◽  
Human Mind ◽  
Negative Consequences ◽  
The Public ◽  
Before And After ◽  
History Of ◽  
European Standards ◽  
Organized Crime Groups ◽  
Further Development

The profound changes within the Albanian society, including Albania, Kosovo and Macedonia, before and after they proclaimed independence (in exception of Albania), with the establishment of the parliamentary system resulted in mass spread social negative consequences such as crime, drugs, prostitution, child beggars on the street etc. As a result of these occurred circumstances emerged a substantial need for changes within the legal system in order to meet and achieve the European standards or behaviors and the need for adoption of many laws imported from abroad, but without actually reading the factual situation of the psycho-economic position of the citizens and the consequences of the peoples’ occupations without proper compensation, as a remedy for the victims of war or peace in these countries. The sad truth is that the perpetrators not only weren’t sanctioned, but these regions remained an untouched haven for further development of criminal activities, be it from the public state officials through property privatization or in the private field. The organized crime groups, almost in all cases, are perceived by the human mind as “Mafia” and it is a fact that this cannot be denied easily. The widely spread term “Mafia” is mostly known around the world to define criminal organizations.The Balkan Peninsula is highly involved in these illegal groups of organized crime whose practice of criminal activities is largely extended through the Balkan countries such as Kosovo, Albania, Macedonia, Serbia, Bosnia, Croatia, Montenegro, etc. Many factors contributed to these strategic countries to be part of these types of activities. In general, some of the countries have been affected more specifically, but in all of the abovementioned countries organized crime has affected all areas of life, leaving a black mark in the history of these states.

scholarly journals Sartre as prosecutor of occupational murder: notes from a People's Tribunal in a French mine (1970)

2021 ◽  
Vol 99 ◽  
pp. 167-176
Author(s):  
Pascal Marichalar ◽  
Gerald Markowitz ◽  
David Rosner
Keyword(s):  
Coal Mine ◽  
Public Prosecutor ◽  
Gas Explosion ◽  
The Public ◽  
Northern France ◽  
Publicly Owned

On February 4, 1970, in the Fouquières-lès-Lens coal mine in northern France, sixteen miners were killed in a gas explosion (“firedamp,” grisou in French). This was an accident like many others before it, yet with a relatively high number of fatalities. The public prosecutor concluded, as usual, that there was no case against the publicly owned mine. No investigation was to be carried out. The accident had been the work of fate, of bad luck.

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