scholarly journals SINERGI PELAKSANAAN PENEGAKAN HUKUM LINGKUNGAN INDONESIA

2014 ◽  
Vol 3 (3) ◽  
pp. 237
Author(s):  
Eka Merdekawati Djafar

Enforcement of environmental laws is expected to be carried out in synergy by law officers who are scattered in various law enforcement agencies in general and particularly in relation to environmental management. Understanding of the substance of environmental law should not be done partially adherence to environmental laws, both by the public and law enforcement officers itself so to create a legal substance is completely and thoroughly that understanding can be removed to the sectoral legislation. Likewise strongly support the creation of culture law enforcement of environmental law implementation synergies among law enforcement officers. It is intended that the law enforcement agencies have the same perception of the implementation of environmental law enforcement. Keyword : “ Law enforcement” and “ Environmental Law”

2003 ◽  
Vol 31 (S4) ◽  
pp. 81-83 ◽  
Author(s):  
Mary Anne Viverette ◽  
Jennifer Leaning ◽  
Susan K. Steeg ◽  
Kristine M. Gebbie ◽  
Maureen Litchveld

The Commission on the Accreditation of Law Enforcement (CALEA) employs rigorous evaluation techniques. Objective accreditation, such as made possible by CALEA, is important from the public’s perspective and in the national community of law enforcement.To counteract a general distrust of law enforcement agencies, the Law Enforcement Assistance Administration (LEAA) developed a grant to develop standards by which the quality and performance of law enforcement could be measured. LEAA developed 107 standards and, though well received by the law enforcement community, no single group or agency took the initiative to begin a program to evaluate and implement the standards. In 1979, the Department of Justice established an additional grant that effectively organized the four major law enforcement groups: the International Association of Chiefs of Police, the National Sheriff’s Association, the National Organization of Black Law Enforcement Executives, and the Police Executive Research Forum.


Author(s):  
Pavel S. Rakhmanov

The problems of changing the position of the Ministry of Internal Affairs after the events of February–March 1917 in the Tambov Governorate are investigated. We study the state policy, the attitude of local authorities and the public to representatives of this socio-professional group, individual features of the adaptation of its representatives to new socio-political conditions. The relevance of the research is due to both significant gaps in the historiography of the issue, especially at the regional level of the study of the problem, and a certain consonance with the modern problems of Russian law enforcement agencies in the context of transformations. It is concluded that representatives of the broad popular strata and the soldier masses treated former em-ployees of the Ministry of Internal Affairs extremely negatively, which was especially pronounced in the period that followed the revolutionary events of February 1917. However, the leadership of both the governorate as a whole and in individual counties pursued an ambivalent policy towards representatives of this social and professional group. On the one hand, the tasks were set for the maximum removal of former law enforcement officers from participation in public and political life, and on the other, their professional skills were in demand in the newly created militia bodies.


2008 ◽  
Vol 11 (1) ◽  
pp. 115-124 ◽  
Author(s):  
Ana M. Martín ◽  
María Esther Salazar-Laplace ◽  
Cristina Ruiz

Three-hundred and twenty written accounts of environmental transgressors were assessed by sequential analysis to reveal their argument streams. The accounts were obtained from the written statements that transgressors are allowed to give during the Spanish administrative process and which were included in files handled by four environmental law enforcement agencies. These agencies are distributed across national, regional, island and municipality jurisdictions. The setting for the study is a highly protected environment in which environmental laws have high salience. Results reveal that transgressors use simple argument streams, consistently more defensive than conciliatory, and questioning the perceived legitimacy of environmental law. It was seen also that the empirical functioning of the explanations related to pursuing emotional/prosocial objectives differs from what was expected from the traditional conceptual definition. Results are discussed in terms of how the assessment of the internal dynamic of the accounts would provide valuable information on transgressors' reasoning in relation to environmental laws.


2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Emmanuel Ariananto Waluyo Adi

The law recognizes both litigation and non-litigation settlement mechanisms, but it is almost not explicitly regulated for non-litigation settlement in criminal cases. Non-litigation in criminal recognizes the concept of restorative justice for the public interest, which is different from the private realm in civil. The concept of restorative justice exists to rehabilitate the state of criminals so that they are accepted back into the community. The concept of restorative justice is manifested in the mediation mechanism in criminal law in the form of penal mediation, but penal mediation does not yet have a legal umbrella. The non-progressive normative application of the law results in the overcapacity of prisons/remand centres. Currently, the Draft Criminal Procedure Code (hereinafter as RKUHAP) is being drafted, which does not yet regulate the application of non-litigation solutions. Later, it can be applied by law enforcement agencies so that problems such as overcapacity prisons are resolved and the creation of peaceful order in the community. This study aims to provide a view of the concept of penal mediation in criminal procedural law to serve as an aspiration for the consideration of the parties involved in the preparation of the substance of the RKUHAP. This paper uses a normative approach with technical analysis using hermeneutic analysis and interpretation methods.


FIAT JUSTISIA ◽  
2016 ◽  
Vol 9 (2) ◽  
Author(s):  
Dani Amran Hakim

The legal political environment in Indonesia in terms of protection, management and control of environmental pollution in Indonesia and to investigate the implementation of environmental pollution control and law enforcement in Indonesia. the results of the study stated that the renewal law of Environmental management is influenced by a variety of development changes occurring in society, such as the influence of the era of democratization, industrialization, advancement of science and technology and the rise of the welfare demands of various parties. Political aspects contained in the politics of Law Number 32 of 2009 on the protection and management of the environment has not been run in accordance with the legal political objective, because there are natural resources that can not be utilized for the prosperity and welfare of the people. It is also still a lot of water pollution, air pollution, deforestation and other actions of the parties who damage the environment. It is necessary to implement environmental management to preserve the environment and develop skills which are harmonious, consistent and balanced in order to support the implementation of the development of environmentally sustainable. Law enforcement agencies in understanding the perceived environmental legal system are still experiencing difficulties. Lack of understanding of the law enforcement officers will cause rules is formed in one unified national legal system will deviate from the direction of the political objectives of the law. The need for clear law enforcement for the doer / destroyer of the environment in order to create a deterrent effect and between 3 penalties (criminal, civil and administrative) is not overlapping. Law enforcement difficult because of the difficulty of proving and determining the standard criteria of environmental damage. Keywords: Legal Politic, Environment, The Act Number 32 years 2009 on The Protection and Environmental Management


2018 ◽  
Vol 25 (2) ◽  
pp. 147
Author(s):  
David Aprizon Putra

Political Law is one of the discourses that control the existence of law.One of the realm of law that has recently received the spotlight and serious attention. Particularly related to the legal political option is the environment law that increasingly strong day include criminal law enforcement in law enforcement. There are some weak things that then have negative implications, against the enforcement of environmental laws related to the lack of cautious political choice. Since 1982 in Law No. 4 of 1982 on the Principles of Environmental Management which was changed in 1997 into Law No. 27 of 1997 on Environmental Management, the legal politics of criminal law policy has been conducted, that the criminal law policy in the realm of the environment is already a choice of legal politics in the realm of environmental law. Law Number 32 Year 2009 About PPLH as the latest generation, adds Chapter XV of the Criminal Code in its charge of 23 Articles. Law Number 32 Year 2009 contains a much more complete criminal provision than Law Number 23 Year 1997. Although there is still much to be fixed on the provisions of Law Number 32 Year 2009. Base on research shows that there are special procedural laws that regulate formal law enforcement. It is based on the principle of ultimum remedium which means that the implementation of the criminal law must wait until the effectiveness of administrative law is upheld. To minimize obstacles in enforcing environmental laws which are sometimes used by political elites to seek profit, formal laws against environmental crimes should be set up specifically with the Act.


Legal Concept ◽  
2020 ◽  
pp. 154-163
Author(s):  
Ivan Arkhiptsev ◽  
Alexander Sarychev ◽  
Roman Krasnikov

Introduction: according to the official statistics, the number of acts involving information technology is increasing every year in Russia. In particular, currently, the types of crimes in the field of information technology are changing qualitatively and continue to evolve continuously, becoming highly organized and more sophisticated. Through the use of information technologies in Russia, such crimes as hacking, illegal data acquisition (information espionage), theft of other people’s property from payment (settlement) cards and accounts of citizens, trafficking of drugs, arms, human beings are committed; the extremist literature is distributed, new members of terrorist groups are recruited; pornography, including children, is spread, illegal gambling and online games are conducted; fraud through the use of cellular and IP-telephony services, theft of personal data in large amount and selling them, and other crimes are committed using information technologies. The current type of computer fraud – phishing – is gaining momentum. Its essence is that cybercriminals seek to get hold of the data of ordinary people through computer technology, and using this data, get hold of their funds, including financial ones. It seems that such actions can neither contribute to the development of Russian society, nor to the development of civilized relations in society, nor to the development of information networks themselves. After all, any technology can be used for both constructive and non-constructive technologies. And when these goals are destructive, the law enforcement agencies, in our opinion, should have an effective level of training to deal with such violations. We believe that it is not enough to calculate, detect, and establish. We still need to be able to bring the culprit to criminal responsibility. In this regard, the most important thing is to ensure that anonymity not only creates the illusion of impunity, but also that the law enforcement agencies have a sufficient legal, organizational and, first of all, personnel basis to expose the criminal. In order to successfully thwart crimes in the field of information technology, the availability of implementation of the adopted standards and the key to the implementation of the state policy in the field of information security is the training and education of appropriate personnel who would provide “breakthrough” results in this area. The purpose of the research is to study the issues of improving the training of the law enforcement officers in countering crimes committed through the use of information technologies. Methods: the research uses a comparative analysis and generalization of the examples of the educational methods used in the educational organizations of the Ministry of Internal Affairs in the field of information security. The authors study, in particular, the general theoretical and practical orientation of the educational process in this area, synthesizing the results obtained, whose purpose is to improve the training of highly qualified specialists for the Internal Affairs bodies capable of countering crimes in the field of information technologies. Results: the authors formulate the main directions for improving the training of the law enforcement officers to counter crimes committed using information technologies, in particular, on the example of the educational organizations used in the educational process of the Ministry of Internal Affairs of Russia. Thus, one of the measures proposed by the authors in this direction is the opening of a new specialty – cyber-investigator or cyber-criminalist. The entry of developed countries into the sixth technological order and the further active digitalization of the world economy predict a huge scale and replication of crimes using information technologies. This circumstance actualizes the need to popularize the profession of a cyber-investigator – a specialist with an interdisciplinary education, i.e. experience in the investigative agencies will have to be combined with the skills of a criminalist and a specialist in the field of information protection.


Author(s):  
Oleh Yemets ◽  
Olha Zlahoda ◽  
Yevhen Shapovalenko

The purpose of the article is to study the genesis of national legislation in the field of operational investigative activities in independent Ukraine, with the subsequent identification of conceptual problems, as well as the development and publication of proposals to address them taking into account the experience of post-Soviet countries. It is established that the process of formation and becoming of the legal basis for the work of operative subdivisions of authorized state bodies is not complete and it must be continued, as there are problems even with definition of conceptual bases of such activity, in particular related to the requirements of current legislation regarding its grounds. It is a question of whether the operative subdivisions should initiate operative-investigative cases and conduct operational investigative activities or send materials about preparations for a crime to the pre-trial investigation body, except for minor gravity, that is, about crimes being prepared, as well as persons preparing crimes. To solve the problem, we propose to discuss amendments to article 6 of the Law of Ukraine «On operational investigative activities», which would exclude from the list of grounds for conducting for operational investigative activities such as the availability of sufficient information obtained in accordance with the law, requiring verification by means of operational investigative measures, about crimes being prepared, as well as persons preparing crimes. At the same time, information about crimes being prepared, as well as persons who are preparing crimes, should be immediately entered into the Unified Register of Pre-trial Investigations, except for minor ones, and preparation for a crime should be investigated immediately by an investigator. This model is more consistent with the work of Western law enforcement agencies, but, as the study showed, is not typical of post-Soviet countries. These proposals, as well as alternative ones, on the harmonization of operational investigative and Criminal procedure legislation require professional discussion, but changes in one form or another are inevitable. The obtained and published results can be used by scientists in further research in this area, as well as law enforcement officers in the conduct of operational investigative activities and crime investigations.


Author(s):  
A. V. Ramazanov ◽  

The author describes the conditions and peculiarities of committing corruption-related offenses in the territory of the Republic of Tatarstan and proposes universal methods and tools for detecting corruption crimes in government and management bodies. The paper reflects possible ways to reduce the latency of corruption crimes, among which the author highlights the strengthening of theoretical and legal training of law enforcement officers, the involvement of experts at the stage of a preliminary investigation, the exclusion of the creation of additional structures, bodies, documents in the fight against corruption offenses and crimes. To reduce corruption risks, the author proposes to introduce an open information system of document flow between the law enforcement agencies for receiving appeals about the facts of corruption offences and crimes. The issue of confidentiality and protection of an applicant remains open if the appeal concerns corruption in law enforcement agencies. The author proposes other methods of detecting corruption crimes in government and management bodies by improving operational and investigative activities. The author proposed to supplement part 3.1 of Article 17 of the law “Concerning the State Civil Service” with the words both about the possible business activities (including the activities of a self-employed) of a former state civil servant and the prohibition of such activities for his/her close relatives to exclude the jobbery. It is proposed article 13.3 of the law “Concerning Combating Corruption” should exclude the obligation for organizations to develop anti-corruption documents while maintaining the advisory nature of these actions since the current legislation does not provide for liability for the absence of such documents.


2021 ◽  
pp. 87-101
Author(s):  
M. Kornienko ◽  
V. Tertyshnyk

The problems of the anti-corruption strategy, issues of elimination of criminal factors, improvement of legislation and the activities of law enforcement agencies are analyzed. Anti-corruption problems should be solved systematically in a set of integrative measures of state-political, socio-economic, national-cultural, informational, criminological, legal and moral. The priorities of the implementation of such a course are the urgent implementation of such strategic principles as DE monopolization, DE offshorization, requisition of energy security facilities, demarcation of business and power, and ensuring effective tax and customs policy. The effective mechanism against corruption is the disengagement of power and business, the elimination of factors of political corruption. It is proposed in the Law on the Prevention of Corruption, as well as in the laws regulating the status of civil servants, to enshrine the requirement of impeccable business reputation and integrity. A system of new legislation should be developed and adopted: the Code of Evidence, the Code of Law Enforcement, the Investigator Status Function Act, the Detective Status Act, the Jury and World Court Act, and the Crime Detection, Prevention and Prevention Act. It is proposed to state the disposition of the law of the Criminal Code of Ukraine on illegal enrichment in accordance with Article 20 of the UN Convention against Corruption of 31.10.2003. In particular, it is proposed to consolidate the responsibility of officials for a significant increase in assets that exceed the total assets of zero declaration and legal wages in the public service. The mechanisms of the state government should provide for the function of prosecutorial supervision over the enforcement of anti-corruption legislation in the activities of enterprises, executive authorities and local government. Systemic proposals are being made for the formation of a strategy and a comprehensive anti-corruption programed.


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