scholarly journals TINJAUAN YURIDIS TERHADAP IMPLEMENTASI PIDANA KORUPSI DALAM UPAYA MENGEMBALIKAN KERUGIAN KEUANGAN NEGARA

2016 ◽  
Vol 2 (1) ◽  
pp. 11
Author(s):  
Mustaghfirin Mustaghfirin ◽  
Irwanto Efendi
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Criminal Cases ◽  
Modus Operandi ◽  
Counter Measures ◽  
Long Time ◽  
The Law ◽  
General Explanation

In Indonesia, the nature and form of corruption that has been systemic, thus making every effort to eradicate is not automatically easy to do just because of changes in democraticpolitical constellation. Corruption is closely related to the factor of abuse of authority or influence existing on the person’s position as an official who deviates from the law so that the action is detrimental to the state’s economy and finances. The act of corruption is complex as a complex crime is expressed by the increasingly sophisticated modus operandi used and the shrewdness of the perpetrators in removing traces makes the disclosure of corruption criminal cases increasingly difficult to reach, thus requiring a long time and a difficult way to provesufficiently juridically.Considering that Corruption has been classified as extraordinary crime so that in the effort of eradication and eradication it can no longer be done normally, but in extraordinary ways (Extra Ordinary Counter Measures) as described in general explanation of Law Number: 20 Year 2001 and Law Number: 30 Year 2002 about Corruption Eradication Commission. Necessary support of all components of the nation so that law enforcement officers need not hesitate to take action against anyone who commits a criminal act of corruption because the responsibility of eradicating corruption not only lies on the shoulders of law enforcer only, butalso the responsibility of all components of the nation.

scholarly journals PENYELESAIAN PERKARA PIDANA ANAK SECARA ADAT LAMPUNG MEGOW PAK TULANG BAWANG DALAM RANGKA RESTORATIVE JUSTICE

FIAT JUSTISIA ◽  
2017 ◽  
Vol 10 (1) ◽  
Author(s):  
Hendri Pratama
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Law Enforcement Officers ◽  
Customary Law ◽  
Criminal Case ◽  
Criminal Cases ◽  
Completion Process ◽  
The Law

The completion of the juvenile criminal case in restorative justice can be done in a various way, one of the completion is using Megow Pak Tulang Bawang custom. The results of this research, in the completion process of juvenile criminal case using Megow Pak Tulang Bawang Lampung Custom, there are several stages and the completion of juvenile criminal case using Megow Pak Tulang Bawang Lampung Custom has been suitable with restorative justice principle because in the settlement, involving all stakeholder and using penal mediation that was form of restorative justice. There are several reason the completion of the juvenile criminal case using Megow Pak Tulang Bawang custom rarely used, that are: the society is not homogenous anymore, there are no strict rules that recognize the unity of customary law, and sometimes the authority is taken by law enforcement officers contrary to customary law of Megow Pak. Suggestions for this research is the completion of juvenile criminal case using Megow Pak Tulang Bawang Lampung custom can be taken as consideration for the law enforcement officers in Juvenile criminal case completion and also as well as consideration in formulating the new rules (Ius constituendum). Keywords: Juvenile Criminal Cases, Lampung Costum, Restorative Justice.

scholarly journals Hybrid TODIM Method for Law Enforcement Possibility Evaluation of Judgment Debtor

Mathematics ◽  
2020 ◽  
Vol 8 (10) ◽  
pp. 1806 ◽  
Author(s):  
Zhenyu Zhang ◽  
Jie Lin ◽  
Huirong Zhang ◽  
Shuangsheng Wu ◽  
Dapei Jiang
Keyword(s):  
Law Enforcement ◽  
Main Idea ◽  
Evaluation Process ◽  
Law Enforcement Officers ◽  
Legal Documents ◽  
Order Preference ◽  
Todim Method ◽  
The Law ◽  
Rights And Interests ◽  
Topsis Technique

The phenomenon of the judgment debtor evading the execution of legal documents and concealing his property by improper means has become increasingly prominent in China, which seriously affects the realization of the people’s legitimate rights and interests. To protect the legitimate rights and interests of the people, it is necessary to study the law enforcement possibility evaluation of judgment debtors and quickly judge which judgment debtor is likely to complete the legal documents. A novel hybrid TODIM (an acronym in Portuguese for Interative Multi-criteria Decision Making) method for evaluating the law enforcement possibility of judgment debtors is developed. The main idea of the hybrid TODIM method is to obtain the relative possibility value of judgment debtors by comparing the attribute values between two judgment debtors and aggregating all the attributes’ differences. The result shows that the hybrid TODIM method fully considers the psychological and behavioral factors of the law enforcement officers in the evaluation process. The evaluation result is more in line with the law enforcement officers’ experience in handling execution cases. Compared with the hybrid TOPSIS (technique for order preference by similarity to ideal solution) method, the hybrid TODIM method is more suitable for solving the problem.

scholarly journals PERANAN ALAT BUKTI DALAM PERKARA PIDANA DALAM PUTUSAN HAKIM MENURUT KUHAP

Yuridika ◽  
2017 ◽  
Vol 32 (1) ◽  
pp. 17
Author(s):  
Bastianto Nugroho
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Law Enforcement Officers ◽  
The State ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Procedure Law ◽  
The Law ◽  
Examination Process

The trial of a criminal case is to find out whether a criminal offense has occurred in an event, therefore in the most important criminal proceedings the proceedings are proved. Evidence is a problem that plays a role in the examination process in court because with this proof is determined the fate of a defendant. The legal function in the State of Indonesia is to regulate the order of society in the life of the nation and the state, whereas the violation of the law itself is an event that must exist in every society and is impossible to be eliminated absolutely, because violation of law is an integral part of development More complex. One of the provisions governing how the law enforcement officers carry out the task in the field of repressive is the criminal procedure law which has the purpose of searching and approaching material truth, the complete truth of a criminal case by applying the provisions of criminal procedure law honestly darn precisely with The purpose of finding out who the perpetrator can be charged with is a violation of the law. 

scholarly journals PENEGAKAN HUKUM DI INDONESIA: APAKAH INDONESIA NEGARA HUKUM?

2017 ◽  
pp. 109-126
Author(s):  
Siti Merida Hutagalung
Keyword(s):  
Social Justice ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Public Welfare ◽  
Intellectual Life ◽  
State Constitution ◽  
The People ◽  
Constitutional State ◽  
Long Time ◽  
The Law

AbstractLaw problems are not finished yet until Indonesia entering its reformation era. AlthoughIndonesia actually is the Constitutional State, constitution has failed to provide protectionto the people. Supremacy of Law which is mandated by the Constitution 1945 is failed to beconducted, while law apparatus like public prosecutors, judges, polices and lawyers areinvolved playing the law. And then term as Law Mafia becomes familiar for public. Thegovernment has initiated various efforts to solve the law problems by making the NationalLaw Commission, Corruption Eradication Commission, Judicial Commission, Special TaskForce for Law Mafia, etc but it seems that it’s need a long time to improve the lawenforcement in Indonesia. But, law enforcement is still far from the ideals of rechts idée,and the aim of the State Law (Homeland/NKRI) as contained in the preamble of theConstitution paragraph four: developing the intellectual life of the Indonesian nation;creating more prosperous life or public welfare, and the fourth principle of Pancasila that isrealizing social justice for all the people of Indonesia.Keywords: Rule of law, Law enforcement, Constitution 1945, Law institution

scholarly journals Penal Mediation as the Concept of Restorative Justice in the Draft Criminal Procedure Code

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Emmanuel Ariananto Waluyo Adi
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Criminal Procedure ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Procedural Law ◽  
Private Realm ◽  
Procedure Code ◽  
The Law

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.

scholarly journals PENDEKATAN RESTORATIF DALAM PENJATUHAN SANKSI TINDAKAN BAGI ANAK YANG BERKONFLIK DENGAN HUKUM

2019 ◽  
Vol 2 (2) ◽  
pp. 129-143
Author(s):  
Citra
Keyword(s):  
Law Enforcement ◽  
Justice System ◽  
Character Development ◽  
Law Enforcement Officers ◽  
Early Age ◽  
Legal Research ◽  
Criminal Offenses ◽  
The World ◽  
The Future ◽  
The Law

Children are the next generation of the nation, the existence of children is very important because the child is a potential fate of the nation as well as a mirror attitude of life of the nation in the future. A child who is a superior seed and has the widest hope to prepare for his future as a milestone of success of a nation in the future should not fall in the world of evil. It is unfortunate that children at an early age have been involved in criminal offenses and past their youth behind bars, increasingly contaminated with other inmates. This research was empirical legal research, that is the research on the provisions of the legislation in the national law concerning restorative approach in the imposition of action sanctions against children in conflict with law in order to keep children away from imprisonment and negative stigma in society . Addressing the issue of a child in conflict with the law should be done in a familial approach and avoiding children from prison as much as possible. The sanction of action for the child contained in Article 82 of Law Number 11 of 2012 on Criminal Justice System for Children expected to prevent the child from the negative stigma in society and keep the children from bad effects of prison. Thus the current restorative model of punishment is more applicable in handling child offenders. It is expected that law enforcement officers to pay attention to the provisions of the rules that apply to children in conflict with the law in terms of imposition of more sanctions toward education and character development of children so that the threat of imprisonment becomes the last alternative in imposing sanctions for children

scholarly journals Preventive Transcendental Of Mass Violence Crimes

2019 ◽  
Vol 1 (2) ◽  
pp. 92-103
Author(s):  
Purwadi Wahyu Anggoro
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Social Engineering ◽  
Mass Violence ◽  
Literature Reviews ◽  
The Law ◽  
The Masses ◽  
National Police ◽  
Human Awareness ◽  
Preventive Law

ABSTRACT Objectives: This article aims to explain the causes of criminal acts of violence that occur in cases of violence involving the masses and explicate the concept of preventing violent crimes involving masses who have a transcendental paradigm. Methodology: This research was qualitative nondoctrinal research. The strategy of applying Preventive Law with a Transcendental paradigm as a concept of preventing criminal acts of mass violence with religious nuances is as a way to reduce the emotions of the masses and eliminate the intention of the masses to commit acts of violence. The sources of data were in the form of research and interviews of cases of mass violence. The data analysis used interpretation techniques based on the (premise) stage of mass violence, according to Niel Smelser and transcendental preventive patterns in accordance with the literature reviews of books and scientific journals. Results: The results showed that violence is an act against the law (onrechtmatige daad), where it is the human state of nature. In the crowd, people will imitate other people's actions, lose control, and take aggressive actions. The law is a tool for social engineering to prevent crime, maintain an orderly society, and provide protection for citizens. Law enforcement is prioritized using soft methods (the soft hand of society) to prevent violence from happening with a transcendental paradigm approach to restoring human nature, according to Surah Ali Imran (3) paragraph 110, namely amar ma'ruf, which contains transcendental ethical values. Functions: This research is useful in the implementation of the Transcendental Preventive Law for law enforcement officers, in this case, the National Police, as an effort to break the 4th stage, namely the stage before triggering incidents occur. It is intended that at the time of mass violence, the Preventive Transcendental Law can cool down the emotions of the masses while at the same time restore human awareness that peace, compassion, and the world and its contents are a gift that must be accountable to God Almighty. Originality/Novelty: Transcendental Preventive Law is an effort to prevent violent crime in mass violence that is based on transcendental principles, by giving a religious touch to remind the masses that violence is a sinful act and to remind the existence of God Almighty. 

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