scholarly journals Pelaksanaan Pembuktian Dalam Tindak Pidana Terorisme

JURNAL BELO ◽  
2019 ◽  
Vol 4 (2) ◽  
pp. 145-157
Author(s):  
Juanrico Alfaromona Sumarezs Titahelu

Over the past few years these crimes have been growing more rapidly and disturbing the public. In the criminal acts of terrorism have become increasingly destructive form of crime with global scope. The Government has issued Government Regulation (decree) No. 1 of 2002 on Combating Criminal Acts of Terrorism. Then on April 4, 2003 decree that legalized as Law No. 15 Year 2003 on Eradication of Terrorism. But in reality proving criminal acts of terrorism is still a lot that is not in accordance with the existing rules, which means that there are many deviations that occur in the process of proving the criminal act of terrorism. Proving that in many criminal acts of terrorism against the rules of the higher law (Criminal Procedure Code) in comparison with the criminal act of terrorism law itself (Law No.15 of 2003). So that there are obstacles in proving the crime of terrorism is one of the Human Rights in value has been violating basic human

Author(s):  
Ramnik Kaur

E-governance is a paradigm shift over the traditional approaches in Public Administration which means rendering of government services and information to the public by using electronic means. In the past decades, service quality and responsiveness of the government towards the citizens were least important but with the approach of E-Government the government activities are now well dealt. This paper withdraws experiences from various studies from different countries and projects facing similar challenges which need to be consigned for the successful implementation of e-governance projects. Developing countries like India face poverty and illiteracy as a major obstacle in any form of development which makes it difficult for its government to provide e-services to its people conveniently and fast. It also suggests few suggestions to cope up with the challenges faced while implementing e-projects in India.


1985 ◽  
Vol 15 (2) ◽  
pp. 165-186 ◽  
Author(s):  
John Hudson

The past decade has seen the growth of a considerable literature on the link between government popularity, as reflected by the proportion of the public indicating their intention to vote for the government in opinion polls, and the state of the economy, as represented by certain key variables. The work began in the early 1970s with articles by Goodhart and Bhansali, Mueller, and Kramer. It continued through the decade; some of the more recent contributions can be found in a set of readings edited by Hibbs and Fassbender. However, despite the amount and quality of this work, problems remain. Principal amongst these, as Chrystal and Alt have pointed out, is the inability to estimate a relationship which exhibits any degree of stability either over time or between researchers. Nearly all the studies have been successful in finding a significant relationship for specific time periods, but when these are extended, or when the function is used to forecast outside the original estimation period, the relationship appears to break down.


2010 ◽  
Vol 9 (1) ◽  
pp. 87-117 ◽  
Author(s):  
Jiyoung Song

AbstractFor the past decade, the author has examined North Korean primary public documents and concludes that there have been changes of identities and ideas in the public discourse of human rights in the DPRK: from strong post-colonialism to Marxism-Leninism, from there to the creation of Juche as the state ideology and finally 'our style' socialism. This paper explains the background to Kim Jong Il's 'our style' human rights in North Korea: his broader framework, 'our style' socialism, with its two supporting ideational mechanisms, named 'virtuous politics' and 'military-first politics'. It analyses how some of these characteristics have disappeared while others have been reinforced over time. Marxism has significantly withered away since the end of the Cold War, and communism was finally deleted from the latest 2009 amended Socialist Constitution, whereas the concept of sovereignty has been strengthened and the language of duties has been actively employed by the authority almost as a relapse to the feudal Confucian tradition. The paper also includes some first-hand accounts from North Korean defectors interviewed in South Korea in October–December 2008. They show the perception of ordinary North Koreans on the ideas of human rights.


2021 ◽  
Vol 10 (1) ◽  
pp. 45
Author(s):  
Khairunnisa Musari

Pandemic brings a crisis. This makes world leaders have to work hard and smartly in managing state budgets. During the heyday of Islam, Muslims also faced crises. Given that time the power of Islam mastered many areas of the world, it can be assumed that the crisis that occurred in the past was a global crisis as it is happening today. The difference is the crisis that occurred at the time because of losing the war. This paper tries to describe the historical experience of the esham, one of the fiscal instruments in the Islamic world that helped the Ottoman Empire overcome the crisis. Esham has mobilized low-cost funds from the public in a relatively concise time. Esham served as a better choice than looking for foreign debt. As the origin of sukuk, esham has simpler structure so that can be used as an alternative to sukuk with a lower cost. To deal with a crisis, esham may intervene in the economy. Esham funds to the real sector in turn will help the government drive the economy as well as control prices in the market for goods and services. Therefore, esham has the potential in facing the crisis.


2019 ◽  
Vol 3 (1) ◽  
pp. 34
Author(s):  
I Made Ari Kapela

Indonesian Criminal Code Bill proposal, suddenly became a hot issue after Indonesia commemorate their 74th Independence Day. The executive and legislative accelerated completion of Indonesian Criminal Code Bill (ICCB) at Fairmont Hotel, Jakarta. Many parties have been urging the government to revise some outdated articles since the penal code was a product of Dutch colonialism in the past. Three crucial topics were discussed and added to the draft regarding blasphemy to president, crimes against morality and decency, as well as specific intent crime. Apparently, some parties were unsatisfied with the draft. Waves of uproar sprang up between mid-September and early October 2019. the demonstrators considered that there are ten controversial articles in the ICCB that have vague enforcement parameters. To reduce the public tension, the government agreed to delay the ICCB ratification that, according to public includes multiple problematic articles. President Joko Widodo stated that more input would be conducted before disseminate the latest ICCB information to public. The postponement would be evoked after the new set of parliaments is inaugurated. Albeit being postponed, Tourism practitioner in Bali experiencing significant loss of tourists visit due to the issues. It is expected in future; the government would involve tourism practitioner in group discussion before setting new regulations that may affect the vital industry of Indonesia.


2018 ◽  
Vol 4 (1) ◽  
Author(s):  
Rena Juliana

This research aims to analyze how students of Law Major of Social and Political Sciences Faculty ofTeuku Umar University responded to the issue of transferring the location of the execution of the caningto prison. Spiral of silence theory is the underlying theory of this research. The method used in thisresearch is quantitative descriptive method by distributing questionnaires to 20 students. From the resultsof the research found that the students did not agree with the government plan to move the location of theexecution of the caning to prison. It is considered that such a punishment will not make the defendantsdeterrent because the effect of shame does not exist. The defendant will not be punished by the public fornot being shown publicly. The students also considered that the prohibition to take pictures andrecordings when the process of application of caning law should not be prohibited. In addition thestudents considered that the implementation of caning law in the mosque will not cause a sense of thephobia of investors to instill their shares in Aceh and the implementation of caning law in the mosquedoes not violate human rights. The students alleged the transfer of location of the canning law full ofpolitical interests so it is feared that the ruling parties in violation of the Shariah will not receive thecaning punishment because of their power.Keyword: Opinion, students of Law Major, Caning1. PENDAHULUAN


2019 ◽  
Vol 3 (1) ◽  
pp. 29-32
Author(s):  
Amir Hidayatulloh ◽  
Fina Dwi Fatma

Tax is the main source of state revenue. In 2018, the source of state revenues of 85,40% came from the tax sector. So large, state revenue from tax sector, encourage the government in increase taxpayer compliance. However, the realization of revenue from the tax sector in January-November has not yet reached the target. In 2018, the government issued a government regulation that was imposed on taxpayers who have certain gross income. So, with the issuance of government regulation it is hoped that the public can play an active role in economic activities. This service was carried out in Banjaran Hamlet, Sukoreno, Sentolo, Kulon Progo, Special Regional of Yogyakarta. This service is shown to MSME players. This service technique uses lecture, sharing and discussion methods. The result of this service activity is to increase the knowledge of MSME actors regarding the benefits of NPWP, the reason MSME actors must pay taxes, and tax benefits. In addition, this service also found the reason for MSME not to make NPWP, as well as the reason for MSME actors not to apply Government Regulation Number 23 of 2018. In addition, MSMEs did not understand the importance of separating entrepreneurial capital from their own capital. Keywords: Tax. MSME, Regulation Number 23 of 2018, NPWP


2018 ◽  
Vol 14 (32) ◽  
pp. 84
Author(s):  
Arlinda Ymeraj

The paper “Government as a key duty bearer in transition reforms from socialism to capitalism – the case of Albania”, addresses the way in which the government should exercise its power to ensure that citizens have equal access to social welfare services, enjoying their rights. Albania, like other Central and Eastern European countries experienced the past socialist system, which failed. The failure of the socialist system was the failure of the state: in political, economic and social terms. As far as economic policies are concerned, all data demonstrate the collapse of socialism, because the system was based on inefficiency, which eroded growth. Regardless of the principles of communist regimes adopted in former communist countries’ Constitutions, the past system brought neither equity nor justice, and therefore instead of “social cohesion”, the contradictions among social groups and categories, deepened. After the failure of socialism, Albania embarked on the new path aimed at establishing democratic regimes through the protection of human rights and at raising the standard of living. Albania has been proactive in ratifying international conventions relating to human rights in general and to vulnerable groups. Very recently, on June 2014, the European Council granted Albania candidate status, as a recognition for the reform steps undertaken in harmonizing its domestic organic laws and legislation with international standards. As part of these twin obligations from UN intergovernmental and EU processes, Albanian governments after the 90s have been progressively taking measures vis-à-vis efficient allocation of resources and effective distribution of social welfare. Nevertheless, Albanian citizens live in a dire reality. Therefore, after 25 years of transition, one of the main goals of reforms, “Efficient allocation of resources to boost growth and effective distribution of social welfare to enhance equity”, seems not to have been achieved. Undoubtedly, this influences the controversial opinions about the government’s control vis-à-vis government’s mode of functioning, advancing arguments that examine whether it is a question of abuse or that of concentration of power.


2020 ◽  
pp. 377-386
Author(s):  
Я. Ю. Конюшенко

The purpose of the article is to define the prosecutor's supervision over investigative (search) actions as a legal guarantee of human rights, as well as problematic issues in its implementation and to make proposals to improve the current criminal procedure legislation of Ukraine. The article defines doctrinal approaches to the concepts of "prosecutor's supervision over compliance with the law during the pre-trial investigation" and "prosecutor's procedural guidance of the pre-trial investigation" in the context of investigative (search) actions. The author came to the conclusion that the provisions of the Constitution of Ukraine, the Law of Ukraine "On the Prosecutor's Office" and the Criminal Procedure Code of Ukraine in terms of regulating the functions and powers of the prosecutor during the pre-trial investigation. Based on the study, it is proposed to consider procedural guidance as one of the forms of prosecutor's supervision over the pre-trial investigation, which is implemented directly by the prosecutor or a group of prosecutors who are appointed to carry it out in a particular criminal proceeding. The author also emphasizes the existence of forms of supervision of the highest level prosecutor on the legality of these actions, which are implemented through the demand and study of information on the progress and results of pre-trial investigation, criminal proceedings and certified copies of court decisions and study of compliance with criminal procedure. A number of problematic issues during the prosecutor's supervision in pre-trial criminal proceedings are outlined, which relate to the relationship between the prosecutor's supervision and judicial control over the legality of investigative (search) actions; subjects and subject of supervision of the prosecutor in this sphere; providing the prosecutor-procedural manager and prosecutors of the highest level with instructions and instructions during the investigative (search) actions. To address these issues, it is proposed to amend the current criminal procedure legislation of Ukraine. The study of the materials of criminal proceedings and the survey of the subjects of criminal proceedings indicate the existence of a number of problematic issues that exist during the implementation of the prosecutor's procedural guidance of investigative (search) actions in the context of human rights.


2021 ◽  
Vol 4 (1) ◽  
pp. 48-69
Author(s):  
Diah Ratri Oktavriana ◽  
Nasiri Nasiri

This research is a normative research. One of the fulfillment of human rights is justice in equalizing the position of every citizen before the law, as stated in Article 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia. The right to equality before the law or what is commonly referred to as equality before the law is a principle that provides recognition and protection of human rights for every individual regardless of one's background. Therefore, it is true that Law Number 16 of 2011 concerning Legal Aid for People Who Are Less Capable to Guarantee Constitutional Rights of Citizens for Justice and Equality before the Law emerged. Legal aid is a legal service provided by advocates to the community seeking justice In the realm of criminal cases, the provision of legal assistance is described in Article 54 of the Criminal Procedure Code which explains that in the interests of defense, a suspect or defendant has the right to receive legal assistance from one or more legal advisers during the time and at each level of examination. The provision of legal assistance must be based on the principle of equality before the law as stated in the explanation of Law Number 8 of 1981 concerning Criminal Procedure Law. From the various analyzes that have been carried out, in the perspective of Islamic criminal law it can be concluded that the principle of equality before the law as described in Article 54 of the Criminal Procedure Code is equivalent to an order to provide legal aid which in Islamic criminal law is spelled out in Surah Al-Maidah verse 2 which states that as a fellow humans are ordered to help each other as a form of horizontal worship to fellow humans (habl minan-nas). In addition there are many more both in the Al Qur'an and the hadith of the prophet regarding the application of the principle of equality before the law.


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