scholarly journals DISCOURSE ON THE IMPLEMENTATION OF PROGRESSIVE LAW IN RECOVERING STATE LOSSES DUE TO CRIMINAL ACTS OF CORRUPTION

2021 ◽  
Vol 8 (3) ◽  
pp. 438
Author(s):  
Yopi Gunawan
Keyword(s):  
Law Enforcement ◽  
Public Trust ◽  
Qualitative Approach ◽  
Legal Research ◽  
Modus Operandi ◽  
Applicable Law ◽  
Legal Structure ◽  
Rule Breaking ◽  
The Law

The number of corruption cases in Indonesia that are not appropriately resolved is the cause of the emergence of progressive laws. Public trust in the law began to fade because the applicable law did not determine many problems. The law is not seen as a solution provider, and it becomes a particular problem for law enforcement. This article aims to analyze the concept of recovering state losses due to corruption through the implementation of progressive law. The method used is normative legal research using a qualitative approach. This article concludes that progressive law enforcement to eradicate criminal acts of corruption lies in harmonizing the values contained in society and then realizing those values into reality, where their application is influenced by several factors, including legal substance, legal structure, culture law, professionalism, and leadership. The development of the modus operandi of corruption in hiding assets resulting from corruption encourages the urgency of implementing a progressive law enforcement strategy by implementing 2 (two) strategic steps, namely: a) Taking rule-breaking actions in the form of seizure of the defendant's assets to guarantee payment of state losses; b) The judge gives a contra legem decision in the form of an obligation to pay replacement money without a subsidiary which is preceded by confiscation of the guarantee so that it will close the defendant's room to escape from paying replacement money

scholarly journals Criminal Action of Coral Reef Destruction on Kayoa Island, South Halmahera Regency

2021 ◽  
Vol 04 (10) ◽  
Author(s):  
Muhammad Amin Hanafi ◽  
Keyword(s):  
Coral Reef ◽  
Law Enforcement ◽  
Coral Reefs ◽  
Economic Factors ◽  
Legal Research ◽  
Applicable Law ◽  
The People ◽  
Empirical Research Methods ◽  
The Law ◽  
The Village

This study aims to find out what factors make people commit criminal acts of destroying coral reefs on the island of Kayoa and how to enforce the law against people who commit criminal acts of destruction of coral reefs on the island of Kayoa. The type of research used in this research is using empirical research methods. This method is used to identify the law, and research on the effectiveness of the law. Legal research is focused on testing the community's compliance with a legal norm with the aim of measuring the effectiveness or not of an applicable legal arrangement or material. The results of this study indicate that the factors that influence people to commit criminal acts of coral reef destruction are due to geographical, social and economic factors so that people carry out mining of coral reefs that are already in violation of applicable law. Law enforcement against people who commit criminal acts of coral reef destruction is ineffective due to the lack of socialization from the local government to the people of the island of Kayoa, the village, so that people carry out coral reef mining.

scholarly journals Law Enforcement of Fisheries Crime in North Maluku Province through Transcendental Paradigm

2020 ◽  
Vol 2 (1) ◽  
pp. 45-60
Author(s):  
Muhammad Amin Hanafi ◽  
Absori Absori ◽  
Khudzaifah Dimyati ◽  
Ajid Abdul Syawal ◽  
Arief Budiono
Keyword(s):  
Law Enforcement ◽  
Human Life ◽  
Qualitative Approach ◽  
Customary Law ◽  
Legal Research ◽  
Criminal Sanctions ◽  
Illegal Fishing ◽  
Bay Area ◽  
Long Time ◽  
The Law

Objective: This article aims to discuss the enforcement of customary law in North Maluku, the deliberation value in the BMA Sultanate of Ternate, and the implementation of customary criminal sanctions by the Badan Musyawarah Adat.Methodology: The methodology used in this study was legal research conducted in a non-doctrinal qualitative approach. In this study, the law is not only conceptualized as all the principles and rules that regulate human life in society but also includes institutions and processes that actualize the validity of these rules in society.Findings: Law enforcement of fisheries crimes is based on the provisions of Indonesian Law No. 45 of 2009 concerning Fisheries. Criminal provisions are regulated by Articles 84 to 104. One of them is about sinking the ship used to commit fishing crimes. Sanctions given to the fish theft (illegal fishing) perpetrators in territorial waters that have been determined by the local customary head are 1) warning; (2) monetary charges according to the agreement of the local customary community; and (3) boat (pajeko in Ternate) or motorboat seized by the sultanate to be used by the community through profit sharing.Utility: Customary Institute of Ternate Sultanate in 2018 has decided on three cases in the Kao bay area concerning fish catching. Besides the traditional law enforcement that is implemented by the Sultanate, North Maluku recognizes Sasi Customs (Adat Sasi), which is regulation of tradition that limits people for catching fish or taking other sources in a certain type and particular period. Thus, the ecological balance is still maintained.Novelty/Originality: The concept of transcendental law enforcement is substantially in line with the values in the Segulaha tradition that has been applied for a long time in North Maluku. In Segulaha customary law, there is a traditional element in a person who has the same soul with transcendental values by positioning revelation as the source of the law. Keywords: Law Enforcement, Fisheries Crimes, Transcendental Approach

scholarly journals UPAYA PENEGAKAN HUKUM TERHADAP TINDAK PIDANA KORUPSI DI KOTA SAMARINDA

2015 ◽  
Vol 44 (3) ◽  
pp. 372
Author(s):  
La Sina
Keyword(s):  
Law Enforcement ◽  
National Economy ◽  
Public Life ◽  
Qualitative Approach ◽  
Present Moment ◽  
Legal Research ◽  
The Law ◽  
Trust Law ◽  
The Impact ◽  
The City

Speaking of corruption is being aggressively reviled by various circles of society , people no longer trust law enforcement corruption . With a variety of reasons escape corruption charges. Is this making people more amused components against corruption . Born as a result of the impact of corruption is very dangerous , one of which the decline of the national economy . Anti-corruption efforts solely through the prosecution of corruption , whereas the present moment awareness need everyone to obey the law of corruption .The perpetrators of corruption in Samarinda always hide behind the policies and provisions contained in the legislation governing the authority of an agency or official , so as though everything is a discretionary authority .This type of research used in this paper is an empirical legal research methods with qualitative approach to analyze the data that refers to the rules and regulations perudang . So as to obtain an overview of the impact of corruption in public life , analyze and formulate on law enforcement corruption , and to analyze the factors that affect the law enforcement corruption in the city of Samarinda

scholarly journals UPAYA PENEGAKAN HUKUM TERHADAP TINDAK PIDANA KORUPSI DI KOTA SAMARINDA

2016 ◽  
Vol 44 (3) ◽  
pp. 372 ◽  
Author(s):  
La Sina
Keyword(s):  
Law Enforcement ◽  
National Economy ◽  
Public Life ◽  
Qualitative Approach ◽  
Present Moment ◽  
Legal Research ◽  
The Law ◽  
Trust Law ◽  
The Impact ◽  
The City

Speaking of corruption is being aggressively reviled by various circles of society , people no longer trust law enforcement corruption . With a variety of reasons escape corruption charges. Is this making people more amused components against corruption . Born as a result of the impact of corruption is very dangerous , one of which the decline of the national economy . Anti-corruption efforts solely through the prosecution of corruption , whereas the present moment awareness need everyone to obey the law of corruption .The perpetrators of corruption in Samarinda always hide behind the policies and provisions contained in the legislation governing the authority of an agency or official , so as though everything is a discretionary authority .This type of research used in this paper is an empirical legal research methods with qualitative approach to analyze the data that refers to the rules and regulations perudang . So as to obtain an overview of the impact of corruption in public life , analyze and formulate on law enforcement corruption , and to analyze the factors that affect the law enforcement corruption in the city of Samarinda

The Law Enforcement Weakness of Songs and Musics Copyright Crimes

2021 ◽  
Vol 3 (1) ◽  
pp. 139-154
Author(s):  
Edi Tuahta Putra Saragih ◽  
Muhammad Citra Ramadhan ◽  
Isnaini Isnaini
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Copyright Infringement ◽  
Copyright Law ◽  
Cultural Factor ◽  
Legal Research ◽  
The Real ◽  
The Law ◽  
Real Picture

This research aimed to: (a) obtain the forms of copyright infringement of songs and/or music (with or without lyrics); (b) understand the role of the police, in this case the Police Precinct, in the law enforcement; (c) identify the factors that influenced the law enforcement. The research method used the normative-empirical legal research, with the initial stages of specifying norms in order to get the proper picture, and then specifying empirical events in order to get the real picture. The research results showed several matters: 1) The forms of copyright infringement of songs and/or music (with or without lyrics) found included: the distribution of the works or the copies, the performances of the works, and the announcements of the works; 2) Police Precinct did notultimately carry out their role as a law enforcer for the copyright infringement of songs and/or music (with or without lyrics); and 3) The factors that influenced the law enforcement on the copyright infringement of songs and/or music (with or without lyrics), namely: legislation factor, in the matter of complaint offenses; law enforcement factor, in terms of the capacity of members; less supportive factor of facilities and infrastructure; legal awareness factor, in the problem of the lack of legal counseling; and cultural factor, related to the differences in norms in the copyright law between those in society and those in regulations. 

scholarly journals Law Enforcement of Criminal Forests and Land Fire in Kabupaten Indragiri Hilir, Province of Riau

2020 ◽  
Vol 2 (1) ◽  
pp. 28-33
Author(s):  
Rizana
Keyword(s):  
Law Enforcement ◽  
Legal Research ◽  
Rare Phenomenon ◽  
The Law ◽  
Article 50

Law Enforcement of Criminal Forests and Land Fire in Kabupaten Indragiri Hilir, Province of Riau Forest and land fires are not a rare phenomenon in Indonesia, especially in Riau Province. This study aims to explain the law enforcement of forest and land fire crimes in Kabupaten Indragiri Hilir, Province of Riau. The method used in this research is sociological legal research. Based on Article 50 Paragraph (3) Letter d of Law Number 41 of 1999 it is stated that everyone is prohibited from burning forests. In line with that, based on Article 69 Paragraph (1) Letter h of Law Number 32 Year 2009 it is stated that everyone is prohibited from clearing land by burning. However, in 2019 there will still be forest and land fires in Kabupaten Indragiri Hilir, Province of Riau covering an area of approximately 827 Ha. The implementation of Law No. 41/1999 and Law No. 32/2009 concerning forest and land fires in Kabupaten Indragiri Hilir has not run as expected. Burning forests and land is a crime. Law enforcement against forest and land fires in Kabupaten Indragiri Hilir based on Article 78 Paragraph (3) of Law Number 41 Year 1999 states that anyone who intentionally burns a forest can be threatened with a maximum of 15 years imprisonment and a maximum fine IDR 5,000,000,000. Pursuant to Article 108 of Law Number 32 Year 2009 it is also emphasized that everyone who burns a land shall be sentenced to a maximum imprisonment of 3 (three) years and a maximum of 10 (ten) years, and a fine of at least Rp. 3,000,000,000.- (three billion rupiah) and a maximum of Rp 10,000,000,000 (ten billion rupiah).

scholarly journals Burden of Proof Reversal in Criminal Acts of Money Laundering

2019 ◽  
pp. 98-104
Author(s):  
Muhammad Khusnul Fauzi Zainal ◽  
Syukri Akub ◽  
Andi Muhammad Sofyan
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Burden Of Proof ◽  
Public Prosecutor ◽  
Legal Research ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Community Law ◽  
Legal Structure ◽  
Criminal Offenses

This study aims to analyze the burden of proof reversal system in handling cases of money laundering. This type of research is normative juridical legal research. The results of this study indicate that in the reversal system of the burden of proof of criminal acts of money laundering, each party has a burden of proof, the public prosecutor is burdened to prove that these assets are the property of the defendant and has a relationship with the original criminal act charged, while the defendant burdened to prove the origin of the assets claimed and if the defendant is unable to prove the origin of the assets, the assets can be strongly suspected to originate from criminal offenses. There are still obstacles in law enforcement both from the substance of the law (norms), legal structure (law enforcement agencies) and the culture of law (the culture of community law).

scholarly journals THE PEOPLE AND THE STATE AUTHORITIES: THE ANALYSIS OF THE INTERACTION AND COOPERATION IN THE THEORETICAL LEGACY V. N. LESHKOV

2018 ◽  
Vol 6 (3) ◽  
pp. 26-30
Author(s):  
Тимур Чукаев ◽  
Timur Chukaev
Keyword(s):  
Civil Society ◽  
Law Enforcement ◽  
Public Administration ◽  
The State ◽  
First Century ◽  
Legal Research ◽  
Methodological Basis ◽  
The People ◽  
General Scientific ◽  
The Law

The Article is devoted to the theoretical and legal heritage of the prominent Russian lawyer Vasily Nikolaevich Leshkov (1810–1881), his ideas about society as a subject of public administration, about the interaction of civil society and the police as subjects of the implementation of the law enforcement function. The methodological basis of the research is general scientific (historical, systemic, functional) and special (formal-legal, historical-legal, comparative-legal) methods of legal research. A theoretical legacy, V. N. Leshkov, which contemporaries did not understand, and the descendants of the forgotten, to comprehend the researchers in the twenty-first century.

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 Pembatalan Perkawinan dan Akibat Hukumnya: Studi Putusan Nomor 1384/Pdt.G/2013/PA Mks

2020 ◽  
Vol 1 (1) ◽  
pp. 145-161
Author(s):  
Husaima Husaima ◽  
Ma’ruf Hafidz ◽  
Hasbuddin Khalid
Keyword(s):  
Law Enforcement ◽  
Consumer Protection ◽  
Legal Protection ◽  
Legal Culture ◽  
Legal Structure ◽  
The Law

Penelitian ini bertujuan untuk mengetahui dan menganalisis bentuk perlindungan hukum bagi konsumen terhadap perusahaan leasing yang melakukan perbuatan melawan hukum. Serta menganalisis faktor-faktor efektivitas yang mempengaruhi penegakan hukum bagi perlindungan konsumen terhadap perusahaan leasing yang melakukan perbuatan melawan hukum. Hasil yang diperoleh penulis dalam melakukan penelitian ini adalah Perlindungan Konsumen terhadap perusahaan Leasing yang melakukan perbuatan melawan hukum terbagi menjadi dua yakni bentuk preventif dan represif. Penegakan hukum sengketa konsumen tidak lepas dari tiga faktor yaitu Substansi Hukum, Struktur Hukum dan Kultur Hukumnya yang mempengaruhi keberhasilan prosesnya. Adapun diantaranya ialah ketentuan yang kontradiktif dan rumusannya tidak jelas serta tegas, terlalu banyak peranan lemabaga yang terlibat dalam penegakan hukum UUPK,  tidak adanya pedoman operasioanl, dan pelaku usaha tidak melaksanakan putusan BPSK dengan sukarela. This study aims to determine and analyze the form of legal protection for consumers against companies leasing that commit acts against the law. As well as analyzing the factors that influence law enforcement for consumer protection agains tcompanies leasing that commit acts against the law. The results obtained by the author in conducting this research are consumer protection against companies leasing that commit acts against the law is divided into two, namely preventive and repressive forms. Law enforcement of consumer disputes cannot be separated from three factors, namely Legal Substance, Legal Structure and Legal Culture which affect the success of the process. Among them are contradictory provisions and the formulation is not clear and firm, there are too many roles of institutions involved in UUPK law enforcement, there are no operational guidelines, and business actors do not voluntarily implement BPSK decisions.

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