scholarly journals DIALING AND INVESTIGATION OF NOTARY BY INVESTIGATOR POLICE

2018 ◽  
Vol 5 (3) ◽  
pp. 310
Author(s):  
Nur Aisyah
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Due Process ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
Applicable Law ◽  
The Law ◽  
The Right ◽  
Rules Set ◽  
Made In

Relationship notary to do with legal issues consciously or notary in practice are often faced with the proceedings or deal with the authorities caused the parties to a deed in front of him, and that the dispute can be reported to the investigator. So often a notary summoned by investigators with regard to the deed he made. In terms of the calling and notary investigation by an investigator there own rules set out in the Act. Although the implementation of the functions and investigations and inquiries Act gives the right to call, check, catching, defense minister, searched, confiscated to suspects and items are considered connected with a criminal offense, but in exercising its rights and authority must be obedient and subject to the principle of the right of due process (upholding the rights of the accused in the process of law enforcement). Each suspect is entitled researched and investigated based in accordance with the applicable law of criminal procedure. The concept of due process associated with the foundation of upholding the rule of law in dealing with crime. No one is located and put themselves above the law and the law should be applied to anyone based on the principle of treatment in an honest way. The application of the criminal law should be in accordance with the constitutional requirements and must comply with the law. By karen it does not allow the violation of a part of the general provisions on the pretext in order to enforce another law section.

scholarly journals Penyadapan oleh KPK dalam Perspektif Due Process of Law

2019 ◽  
Vol 12 (2) ◽  
pp. 122
Author(s):  
Tamara Laurencia
Keyword(s):  
Rule Of Law ◽  
Due Process ◽  
Presumption Of Innocence ◽  
The Rule Of Law ◽  
The Right To Privacy ◽  
Due Process Of Law ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Law ◽  
The Right

<em>Corruption is very detrimental. KPK was established to eradicate corruption and is given extensive duties and authority. KPK is given the authority to conduct investigation and prosecution, and in the implementation, KPK has the authority to conduct wiretapping. However, the authority given to KPK in conducting wiretapping seems to be too broad and was given without any clear boundaries in terms of the time limit for example. It should also require permission to conduct wiretapping in order to uphold the law. Wiretapping has been a violation of privacy towards citizen rights. The right can only be limited by the Law, but it cannot be removed from existence. One of the principles of criminal procedure in Indonesia is due process of law that consist of three important aspects, namely presumption of innocence, equality before the law, and the rule of law. This principle basically requires the protection of the rights of the suspects or defendants in terms of the substance of the law that regulates or the implementation, which in this case is not to be considered guilty during criminal justice process, equality before the law regarding the right to privacy that can only be limited, not removed from existence.</em>

scholarly journals Investigative and the Rule of Law: A Cameroonian and Ukrainian Criminal Proceedings Law Understanding

2021 ◽  
Vol 9 (3) ◽  
pp. 517-538
Author(s):  
Nana Charles Nguindip ◽  
Leonid Volodymyrovych Mohilevskyi ◽  
Ablamskyi Serhii Yevhenovych ◽  
Tetiana Kuzubova
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
Due Process ◽  
Criminal Proceedings ◽  
Human Right ◽  
Criminal Process ◽  
The Rule Of Law ◽  
Crime Commission ◽  
The Law ◽  
The Right

There is no instance in a given society that can successfully opeate and function without respecting existing standards and principles set in place in ensuring the respect of fundamental human right and dignity. The notion and acceptable rule is that, Crime commission is an unavoidable singularity in any given and documented society functioning under the umbrella of established rules and regulations. Cameroon and Ukraine has engaged huge steps in establishing credible laws, all in the preservation and protection of fundamental human right of those presumed of crime commission. This article articulates and establishes that,the only way the rule of law can be respected during the investigative stage, will only when those responsible for investigation respects the due process of the law in the course of its investigation so that their act should not contravene the right of the suspect or accused in question. It provides that when issues of investigation are carried out by Ukraine and Cameroon police, gross violations of the criminal process are always experienced, and this greatly affects the objective of criminal law being that of protecting the right and dignity of everyone irrespective of the status quo acquired during the criminal proceedings.the results of this gross violation of the accuesed rights and status during the investigative stage will affect the rationale and objective of the criminal law system which is to ensure that all criminal process should respect human standard and dignity. The reason for this is that, during the investigative process and procedure, the law enforcement ofiicers must be able in detaching their various duties assigned with due diligent and respect of the various criminal standards of investigation. To ensure that this is done, there is that need of those enforcing the jucial process and trial should that all evidences, searches, seizures, recording done by the investigative police officials should be done in accordance of the free will of the presumed criminal.

scholarly journals RETURNS OF ASSETS IN CORRUPTION CRIMINAL ACTS AS ALTERNATIVE RESTORING STATE LOSSES

2020 ◽  
Vol 2 (1) ◽  
pp. 27-34
Author(s):  
Komang Ekayana
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Procedure ◽  
The State ◽  
Recovery Model ◽  
Formal Approach ◽  
The Rule Of Law ◽  
Asset Recovery ◽  
Criminal Procedure Law ◽  
The Law

Corrupted state assets certainly hurt the country narrowly, but also broadly where it harms the country and its people. However, the formal approach through the current criminal procedure law has not been able to recover the losses suffered by the state. In fact, state losses resulting from corruption are state assets that must be saved. Then there needs to be a new breakthrough to recover state losses through the asset recovery model. When looking at the country from the perspective of the victims, the state must obtain protection, in this case recovery from the losses suffered due to corruption. This paper examines the model of returning assets resulting from corruption in the law enforcement process that focuses on the rule of law in the 2003 UNCAC Convention and the mechanism of returning state assets in terms of Law No. 20 of 2001 concerning amendments to Law No. 31 of 1999 concerning Eradication of Corruption Crimes. 

Law’s Elasticity An Inquiry into the Relation of Law and Power in Finance

2021 ◽  
pp. 1-25
Author(s):  
Katharina Pistor
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Inherent Limitation ◽  
The Rule Of Law ◽  
Insurance Group ◽  
The Law ◽  
Full Force ◽  
Commitment Device

Abstract Law is a powerful commitment device. By entering into a binding contract, a contracting party can invoke the coercive law enforcement powers of states to compel another party to perform. Many, if not most, contracts are carried out without ever invoking these coercive powers; they operate in the shadow of the law. Less attention has been paid to the flip side of law’s shadow: the possibility of relaxing or suspending the full force of the law, or making law elastic. While this may seem anathema to the “rule of law”, it is not an infrequent occurrence, especially in times of crisis. The elasticity of law should be distinguished from the incompleteness of law, that is, the inherent limitation lawmakers face in trying to anticipate all future contingencies. In this paper I will offer two tales of the American Insurance Group (AIG) to illustrate the elasticity of contracts as well as of law.

Die Entwicklung des Strafrechts der Ukraine

2020 ◽  
Vol 66 (3) ◽  
pp. 380-396
Author(s):  
Rainer Birke
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Law ◽  
Penal Code ◽  
Science And Society ◽  
The Rule Of Law ◽  
Law System ◽  
The Law ◽  
Simplified Procedure ◽  
Procedural Rights

In 2001, a new penal code was adopted in Ukraine after a comprehensive discussion in politics, legal science and society, replacing a codification of the Soviet era dating back to 1960, obviously unsuitable for the new realities. The new penal code of 2001 has been changed many times since then. This also applies to the criminal law provisions against corruption, evaluated and commended by GRECO. However, there is criticism of the criminal law system in Ukraine. A large number of the issues have little or nothing to do with the text of the penal code itself, but with deficits in the application of the law and the resulting loss of confidence in the activities of the law enforcement authorities. The judiciary is said to have a significant corruption problem and is significantly overloaded. The latter is to be counteracted by the introduction of the class of misdemeanor (“kryminalnyj prostupok”) in 2019 that can be investigated in a simplified procedure, which has been criticized, inter alia, because it bears the risk of the loss of quality and possibly infringes procedural rights. Also in 2019, the work on a once again completely new codification of the penal code was commenced, which is not entirely surprising in view to the existing criticism of manual errors or inadequacies of the recent code. It is to be hoped that Ukraine, with the existing will and the necessary strength, will succeed in the creation of a criminal law system that is fully in compliance with the rule of law and that a penal code will be drafted that finally finds full recognition in the society.

4. Due process

2021 ◽  
pp. 125-169
Author(s):  
Timothy Endicott
Keyword(s):  
Rule Of Law ◽  
General Principle ◽  
Due Process ◽  
Procedural Fairness ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Natural Justice ◽  
Administrative Agencies ◽  
The Law

This chapter explains the overlapping ideas of natural justice, procedural fairness, and due process, and discusses the importance of comity between judges and administrative agencies. The elements of process are outlined: notice and disclosure, oral hearings, waiver, reconsideration, and appeals. Proportionality is presented as a general principle of the procedural duties of public authorities, and the chapter explains the three process values: procedural requirements can improve decisions, treat people with respect, and subject the administration to the rule of law. The chapter explains the irony of process: the law must sometimes require procedures that impose disproportionate burdens on administrative authorities, in order to protect due process. The chapter concludes with an explanation of discretion in process and of the potential dangers involved in administrative processes.

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 Penyelesaian Sengketa Melalui Upaya Litigasi di Bidang Penegakan Hukum Lingkungan Keperdataan

2019 ◽  
Vol 4 (2) ◽  
pp. 163
Author(s):  
I Ketut Tjukup ◽  
I Gusti Ayu Agung Ari Krisnawati
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Dispute Settlement ◽  
Environmental Law ◽  
Strict Liability ◽  
Class Action ◽  
The Rule Of Law ◽  
Diffi Cult ◽  
The Law ◽  
Judicial Procedure

Environmental dispute settlement through litigation lines is strictly regulated in Law No. 32 of 2009 on the Protection and Environmental Management. The former law pointed HIR and RBg, PERMA No. 1 2002 Event Class Action. HIR and RBg did not set a class action, strict liability, legal standing, citizen lawsuit. Rules pluralistic diffi cult as the legal basis of environmental law dispute resolution. Problematic in civil law will cause blurring of norms, conflict norms, norms vacancy, will bring the consequences of law enforcers. If the law enforcement believes the law is the law, so that the rule of law, justice, expediency, which is the purpose of the law, it is diffi cult to realize. Based on legal issues cause problems pluralistic level, the rules, while the class action always demands are not accepted on the grounds HIR, RBg not set. Based on juridical issues, sociological and philosophical issue of whether arrangements formulated civil judicial procedure in civil Environmental Law Enforcement has been inadequate. Normative legal research writing method and in qualitative analysis to obtain quality legal materials. According to Law No. 48 the Year 2009 on Judicial Power, with the principle of ius curia Novit, a judge can do rechtsvinding. The rule of law in the enforcement raises multi pluralistic interpretation.Keywords: 

scholarly journals Effectiveness Through Crime Investigation Complaint Case Holds In Central Java Police Jurisdiction

2018 ◽  
Vol 1 (2) ◽  
pp. 323
Author(s):  
Yuniar Pradhana Mukti ◽  
Gunarto Gunarto
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Law ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
Central Java ◽  
Crime Investigation ◽  
National Police ◽  
Police Effectiveness

Problems of criminal law, especially the problem of crime, abuse and all kinds of acts that fall into the category of offense is now becoming one of the crucial problems and quite tricky to overcome. In line with the task of institution Indonesian National Police (INP) in an effort to maintain security and order and enforcement of justice citizens, then the effectiveness of the investigation and the disclosure of a criminal offense it is important to be maximized. The aim is to give meaning to the rule of law in Indonesia that provides fairness, expediency and legal certainty.Keywords: Criminal Law; Police; Effectiveness; Law Enforcement

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