scholarly journals PENERAPAN PIDANA TERHADAP PENyALAH GUNA NARKOTIKA UNTUK DIRINyA SENDIRI

2017 ◽  
Vol 4 (1) ◽  
pp. 15
Author(s):  
Dahlan Dahlan
Keyword(s):  
Drug Abuse ◽  
Law Enforcement ◽  
The State ◽  
Court Decision ◽  
Criminal Sanction ◽  
Narcotic Drug ◽  
Law Enforcement Officials ◽  
The Republic ◽  
Sense Of Justice ◽  
Common Perception

Article 2 of Law Number 35 Year 2009 on Narcotics mentioned Narcotics Act based on Pancasila and the Constitution of the State of the Republic of Indonesia Year 1945. Subsequently Article 3 letter a mentioned Narcotics Act held based on keadilah. But in his enforcement does not describe the sense of justice. This research is normative juridical, that is method whichdescribes or exposes a fact systematically then its analysis is conducted by juridical by linking between data and facts obtained by analyzing court decision related to criminal sanction to perpetrator of narcotic crime and related with regulation of law applicable. In order to achieve a common perception in the application of narcotic drug abuse for himself by law enforcement officials, it is necessary to reconstruct Law Number 35 Year 2009 on Article 132 Paragraph (1) to be: Experiment or conspiracy to commit narcotic crime and narcotics precursor as referred to in Article 111, Article 115, Article 119, Article 120, Article 121, Article 122, Article 123, Article 124, Article 125, Articles 126, 127, And Article 129, the perpetrator shall be subject to the same imprisonment in accordance with the provisions referred to in those Articles

scholarly journals ANALISIS PUTUSAN PENGADILAN NEGERI SURABAYA NOMOR: 3094/PID.B/2013 TENTANG ALAT BUKTI OLEH HAKIM DALAM PASAL 114 AYAT (2) JUNCTO PASAL 132 AYAT (1) UU RI NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Tobias Gula Aran
Keyword(s):  
Law Enforcement ◽  
Decision Analysis ◽  
Analytical Approach ◽  
The State ◽  
Court Decision ◽  
District Court ◽  
State Court ◽  
Not Given ◽  
Assessment Of Evidence ◽  
Sense Of Justice

Abstract In this research examines two issues, namely the Surabaya District Court Decision No. 3094 / Pid.B / 2013 In accordance with Evidence presented at trial and Parameter Verification assessed Judges in Crime Article 114 paragraph (2) in conjunction with Article 132 ( 1) Act No. 35 of 2009 on Narcotics, based on a normative juridical research, using the approach of Legislation, Case approach, analytical approach, the purpose of this study was to analyze the state court decision Surabaya number: 3094/Pid.B/2013 appropriate evidence presented at the hearing, stated that in this ruling the judge has not given a sense of justice for law enforcement against criminal acts Narcotics correspond to the penalty set out in the Act, and to describe the parameters of proof is rated Judge in a criminal act of Article 114 paragraph (2) in conjunction with Article 132 paragraph (1) of Law No. 35 Year 2009 on Narcotics, as the basis of the assessment of evidence by the judge.Keywords: Court Decision Analysis, Evidence, Narcotics

scholarly journals A Conceptual Model of Activities of the State and Military Administration Bodies of the Republic of Kazakhstan on Countering Terrorism

2020 ◽  
pp. 11-21
Author(s):  
Baurzhan Abzhanov
Keyword(s):  
Civil Society ◽  
Law Enforcement ◽  
Conceptual Model ◽  
The State ◽  
Law Enforcement Agencies ◽  
Military Administration ◽  
Military Security ◽  
Law Enforcement Officials ◽  
The Republic

One of the main objectives of the research is to identify the contradictions and problems in improving the system of countering terrorism in the Republic of Kazakhstan. In order to solve these problems, a model for identifying threats and a conceptual model of the activities of the state and military administration bodies of the Republic of Kazakhstan on countering the threats of terrorism were developed in the research. In the developed conceptual model on the activities of the state and military administration bodies of the Republic of Kazakhstan on countering terrorism, responsibility for the state and ensuring many aspects of military security and countering terrorism should be not only on the state represented by law enforcement agencies, but also the civil society itself, not only law enforcement officials, but also the most active, authoritative citizens and their associations.

Recommendations of The Ombudsman’s Dilemma: Between Law Enforcement Officials and Protection of Credibility

2018 ◽  
Vol 2 ◽  
pp. 1-12
Author(s):  
Dyah Adriantini Sintha Dewi
Keyword(s):  
Law Enforcement ◽  
Public Service ◽  
Public Services ◽  
Point Of View ◽  
Law Enforcement Officials ◽  
Muslim Majority ◽  
The Republic ◽  
The Government ◽  
The One ◽  
Oversight Body

The Ombudsman as an external oversight body for official performance, in Fikih Siyasah (constitutionality in Islam) is included in the supervision stipulated in legislation (al-musahabah al-qomariyah). Supervision is done so that public service delivery to the community is in accordance with the rights of the community. This is done because in carrying out its duties, officials are very likely to conduct mal administration, which is bad public services that cause harm to the community. The Ombudsman is an institution authorized to resolve the mal administration issue, in which one of its products is by issuing a recommendation. Although Law No. 37 of 2018 on the Ombudsman of the Republic of Indonesia states that the recommendation is mandatory, theombudsman's recommendations have not been implemented. This is due to differences in point of view, ie on the one hand in the context of law enforcement, but on the other hand the implementation of the recommendation is considered as a means of opening the disgrace of officials. Recommendations are the last alternative of Ombudsman's efforts to resolve the mal administration case, given that a win-win solution is the goal, then mediation becomes the main effort. This is in accordance with the condition of the Muslim majority of Indonesian nation and prioritizes deliberation in resolving dispute. Therefore, it is necessary to educate the community and officials related to the implementation of the Ombudsman's recommendations in order to provide good public services for the community, which is the obligation of the government.

scholarly journals ANALISA YURIDIS PENYIMPANGAN PENEGAKAN HUKUM PADA KONFLIK LAHAN DI PROVINSI JAWA TIMUR

Arena Hukum ◽  
2021 ◽  
Vol 14 (1) ◽  
pp. 42-66
Author(s):  
Teddy Putra ◽  
Keyword(s):  
Law Enforcement ◽  
Service Providers ◽  
Land Conflicts ◽  
Study Approach ◽  
The Supreme Court ◽  
Judicial Administration ◽  
Law Enforcement Officials ◽  
The Republic ◽  
Corrupt Behavior

Abstract This paper examines the deviations of law enforcement in land conflicts in East Java based on the decision of the Supreme Court of the Republic of Indonesia No.38/Pra.Pe /2015.PN.Sby (case of Notary Nora Maria Lidwina, SH). This empirical or socio legal research uses a case study approach. The results show that irregularities in law enforcement in land conflicts by public service providers and law enforcement officials are generally based on corrupt behavior and violations of ethical codes, such as abuse of power, maladministration, case brokers, accepting bribes from certain parties, violence, intervening in cases, and other human rights violations. Mitigation efforts are improving the law enforcement officers isntitutions; improving the judicial administration and justice management systems; imposing strict sanctions; conducting supervision; conducting a transparent service and treatment; socializing anti-corruption movement; and creating an anti-corruption culture and excellent public services.

scholarly journals Exixtence of Indonesian Advocate Profession

2018 ◽  
Vol 7 (3.21) ◽  
pp. 317
Author(s):  
M Zamroni ◽  
. .
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Code ◽  
Pecking Order ◽  
The Rule Of Law ◽  
The Supreme Court ◽  
Before And After ◽  
Law Enforcement Officials ◽  
The Law ◽  
The Republic

Hope to have legislation that specifically set while an umbrella in running materialize advocate profession, lawyers are more confident in addition to other law enforcement officials, such as judges, prosecutors and police, as well as respected as an equal partner in the law enforcement process. But the big question is how the existence of the profession of advocate Indonesia before and after the enlawment of Act Number 18 of 2003 concerning the Advocate, as well as any constraints that occur in their implementation. The rule of law relating to the profession of advocate before the enLawment of Act Number 18 of 2003 concerning The Advocate, scattered in various laws, such as Act Number 1 of 1946 on the Law of Criminal Code, Act Number 1 of 1950 on the Supreme Court, Emergency Act Number 1 of 1951 governing temporary measures to organize the unity of the pecking order and civil court events, and Herziene Indlandsch Regalement (HIR). Before the release of Act Number 18 of 2003 concerning Advocates, advocate the use of the term in prLawice there has been no standard for the profession. In various provisions of the legislation of any inconsistency pr. For example Act Number 14 of 1970, as has been replaced by Act Number 35 of 1999, and was replaced again by Act Number 4 of 2004 as well as the latter is replaced by Act Number 48 of 2009, regarding the power of Justice, to use the term legal aid and lawyers. Birth of the Act of the Republic of Indonesia Number 18 of 2003 concerning The Advocate is the expectation of a long delayed during the 58 years since the independence of the Republic of Indonesia, the laws governing the profession of advocate a free, independent and responsible for the implementation of a judicial honest, fair, and legal certainty for all seekers of justice in upholding the law, truth, justice, and human rights.  

scholarly journals THE ROLE OF THE SUMMARY IN SAVING OF CONFUSED OBJECTIVES TO SUPPORT LAW ENFORCEMENT IN A CRIMINAL JURISDICTION SYSTEM

2018 ◽  
Vol 1 (2) ◽  
pp. 52-60
Author(s):  
Tri Budi Haryoko
Keyword(s):  
Law Enforcement ◽  
Government Regulation ◽  
Criminal Procedure ◽  
Qualitative Approach ◽  
The State ◽  
The Core ◽  
Procedure Code ◽  
Storage House ◽  
Law Enforcement Officials

This writing aims to discuss the implementation of the duties and functions of  management of confiscated objects and booty of the state in the Class I Semarang  Sitemap Storage House. One of the core business of the implementation of the  RUPBASAN duties and functions is the function of saving the confiscated objects of the  state that have been mandated in. This paper will see if there is a gap gap when the  function of rescuing confiscated objects mandated by Law No. 8 of 1981 concerning the  Book of Law on Criminal Procedure (KUHAP) and Government Regulation Number 27 of  1983 concerning the Implementation of the Criminal Procedure Code can work well with  support and commitment. related law enforcement officials. It was also explained that  the storage of confiscated objects and booty of the State in the RUPBASAN aims to  guarantee the protection of the safety and security of confiscated objects for the  purposes of evidence at the level of investigation, prosecution, and examination in court  as well as objects which are otherwise confiscated for the state based on court decisions  which has permanent legal force.This paper uses a qualitative approach. The results of  the discussion indicate that the implementation of confiscated objects in RUPBASAN is in  accordance with the KUHAP mandate. But in its implementation these tasks and  functions have not been optimally supported both from internal institutions and related  law enforcement institutions. 

scholarly journals RECONSTRUCTION OF THE LEGALITY PRINCIPLE IN PENAL LAW ENFORCEMENT FOR THE REALIZATION OF JUSTICE

2018 ◽  
Vol 2 (1) ◽  
pp. 12
Author(s):  
Iskandar Wibawa
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Court Decision ◽  
Important Principle ◽  
Penal Reform ◽  
Penal Law ◽  
Written Law ◽  
Principle Of Legality ◽  
Sense Of Justice ◽  
Unwritten Law

<span>The legality principle is an important principle in the enforcement of penal law </span><span lang="IN">in addition to</span><span> the culpability principle. These two principles are a requirement that must be fulfilled by the person to be penalized. However, law enforcement officers in the Criminal Justice System often only pay attention to the formulation of the legality principle in Article 1 (1) of the Criminal Code (KUHP)</span><span lang="IN"> than the other principle that is culpability principle. </span><span>So that court decisions often do not reflect a sense of justice. This is due to the interpretation of the legality principle contained in Article 1 paragraph (1) of the Criminal Code (KUHP) as </span><span lang="IN">“</span><span>lex scripta</span><span lang="IN">”</span><span>, </span><span lang="IN">“</span><span>lex stricta</span><span lang="IN">”</span><span> and </span><span lang="IN">“</span><span>lex certa</span><span lang="IN">”</span><span> and </span><span lang="IN">also the unformulated </span><span>culpability principle in the Criminal Code (KUHP). Therefore, it is necessary to reconstruct the meaning of the legality principle so that it is not only understood formally, but </span><span lang="IN">materially by regarding </span><span>the living la</span><span lang="IN">w</span><span> referred to Pancasila as </span><span lang="IN">a </span><span>ground</span><span>norm and constitution of the UUD 1945, the legality principle is not interpreted </span><span lang="IN">as a</span><span> certainty of law </span><span lang="IN">but </span><span>interpreted as the principle of legal certainty. The law is not</span><span lang="IN"> only</span><span> interpreted </span><span lang="IN">as</span><span> a written law, but also an unwritten law, so it is expected to bring about a court decision in accordance with the sense of justice</span><span lang="IN">.</span><span>In law enforcement </span><span lang="IN">“</span><span>in abstracto</span><span lang="IN">”</span><span> implemented through formulation policy by penal reform in the formulation of a New Criminal Code (New KUHP), the principle of legality has been interpreted in material term that states that the source of law used by the Criminal Code is written law (Article 1) and unwritten law/ the living law (Article 2), also the culpability principle has been formulated explicitly (Article 38</span><span lang="IN">)</span><span>. Based </span><span lang="IN">“</span><span>in abstracto</span><span lang="IN">”</span><span> law enforcement is expected to be implemented </span><span lang="IN">“</span><span>in inconcreto</span><span lang="IN">” </span><span>law enforcement so as to realize court decision in accordance with the sense of community justice.</span>

scholarly journals Naida noziegumi Latvijā: kriminālatbildība un piemērotie sodi

2019 ◽  
Vol 1 (13) ◽  
pp. 30-41
Author(s):  
Ēriks Treļs
Keyword(s):  
Law Enforcement ◽  
European Commission ◽  
Hate Speech ◽  
Hate Crimes ◽  
The State ◽  
Vulnerable Groups ◽  
Actual Situation ◽  
Law Enforcement Agencies ◽  
Published Report ◽  
The Republic

2019. gada 5. martā Eiropas Komisija pret rasismu un neiecietību (The European Commission against Racism and Intolerance, ECRI) publicēja Piekto ziņojumu par Latviju. Tajā, atsaucoties uz Tiesībsarga biroja un nevalstisko organizāciju sniegto informāciju, norādīts, ka naida kurināšanas upuri bieži vien neinformē policiju par notikušo, jo viņiem nav pārliecības par tiesībaizsardzības iestāžu vēlmi vai spēju efektīvi izmeklēt šos notikumus, tādēļ tiek rekomendēts Valsts policijai izveidot speciālu struktūrvienību darbam ar mazāk aizsargātajām sabiedrības grupām. Iepriekšējā ziņojumā, kas tika publicēts 2012. gada 21. februārī, ECRI norādīja, ka par šāda veida noziegumiem piespriestie sodi (ar dažiem izņēmumiem, kad tika piemēroti sodi, kas saistīti ar brīvības atņemšanu) Latvijā ir pārāk saudzīgi. Rakstā tiek skaidrots, kā šajā jomā mainījusies situācija pēc ECRI Ceturtā ziņojuma publicēšanas. The European Commission against Racism and Intolerance (ECRI) on 5 March 2019 published Report on Latvia (fifth monitoring cycle). Non-governmental organisations, minority representatives and Ombudsman of the Republic of Latvia indicated to ECRI that victims of hate speech do not often report incidents to the police due to lack of trust in the willingness or ability of the law enforcement agencies to investigate these cases effectively. ECRI recommends, as a matter of priority, that the authorities establish a unit within the State Police tasked with reaching out to vulnerable groups in order to increase trust in the police and address the problem of under-reporting of hate crimes. In 2012, the ECRI pointed out that penalties for racist violence (with a few exceptions, the imposition of custodial penalties) in Latvia are too lenient. Therefore, the author offers his vision of the actual situation and how things have changed since the fourth ECRI Report on Latvia.

scholarly journals Politik Hukum Perlindungan Hakim

2016 ◽  
Vol 4 (1) ◽  
Author(s):  
Akbar Faisal
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Judicial Power ◽  
Law Enforcement Officials

Abstract: The independence of the judicial power is a must and an absolute guarantee given to the judge. Judges should be independent of any pressures that may disturb his contemplation in making a decision that determines one's fate. The independence of the key is not only focused on how the pressure from outside in order to judge themselves neutral decision, but also expanded the independence of a judge rules that govern self itself. Judges can not be equated with the State Civil Apparatus employees, because the position is different judges. Placement of this is not specifically regulated in the country of Indonesia. It could be argued that these ideals are still owed by the constitution of this country when compared to other law enforcement officials who already have the legality of their own profession as prosecutors, police and lawyers.Abstrak: Independensi kekuasaan kehakiman merupakan garansi yang harus dan mutlak diberikan kepada Hakim. Hakim harus independen dari tekanan manapun yang dapat mengganggu kontemplasinya dalam membuat sebuah putusan yang menentukan nasib seseorang. Kunci independensi tersebut bukan hanya tertuju dari bagaimana tekanan dari luar diri hakimnya sendiri agar putusannya netral, tetapi juga independensi yang diperluas dari sebuah aturan yang mengatur diri hakim itu sendiri. Hakim tidak dapat disamakan dengan pegawai Aparatur Sipil Negara, sebab kedudukan hakim berbeda. Penempatan inilah yang belum diatur secara spesifik dalam negara Indonesia. Dapat dikatakan bahwa cita-cita tersebut masih menjadi utang konstitusi negeri ini jika dibandingkan dengan aparat penegak hukum lainnya yang sudah memiliki legalitas profesinya masing-masing seperti Jaksa, Polisi dan Pengacara DOI: 10.15408/jch.v4i1.2621

Sign in / Sign up

Export Citation Format

Share Document