scholarly journals IMPLEMENTASI PENEGAKAN HUKUM TINDAK PIDANA RINGAN (Suatu Diskursus Tindak Pidana Miras Di Polres Jombang)

2019 ◽  
Vol 18 (1) ◽  
pp. 23
Author(s):  
Muhammad Naufal Arifiyanto ◽  
Eko Januar Pribadi
Keyword(s):  
Law Enforcement ◽  
Descriptive Analysis ◽  
Qualitative Approach ◽  
Criminal Offense ◽  
Police Station ◽  
Descriptive Research ◽  
Criminal Offenses ◽  
The Law ◽  
And Control ◽  
Process Liquor

This study aims to (1) understand, identify and analyze the criminal acts of the law enforcement process liquor in the year 2014 to 2015 in Jombang Police. (2) to understand, identify and analyze the implementation of the law of criminal offenses liquor. (3) to understand, identify and analyze causal criminal offense liquor. This type of research is descriptive research with a qualitative approach seeks to describe or provide an overview of the phenomenon and the events that occurred. The location of this research at the police station and Jombang Jombang.Data collection techniques in this research is observation, interview, and documentation. This data is analyzed by using the method of collection, reduction and verification and presented in the form of descriptive analysis. The conclusion in this study (1) The Regional Regulation No. 16 of 2009 on the supervision and control of liquor in Jombang has been efficient and effective as existing laws regulate the circulation of liquor. (2) Local legislation is able to address the problemsarising from the crime of drinking. With sanctions that still apply 10% (ten percent) of the maximum sanction, it is expected to be free liquor can be added as a reference Jombang zero in offenses liquor.

scholarly journals Tinjauan Yuridis Tentang Pertimbangan Hukum Penghentian Penyidikan Terhadap Tindak Pidana dan Akibat Hukumnya (Studi Kasus di Polres Kota Bima)

2019 ◽  
pp. 25
Author(s):  
Wayan Resmini ◽  
Taufikurahman Taufikurahman
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Research Subjects ◽  
Criminal Offense ◽  
Police Station ◽  
Interactive Analysis ◽  
Criminal Offenses ◽  
Legal Sociology ◽  
Legal Consequences ◽  
City Police

Penahanan dilakukan dengan tujuan untuk kepentingan pemeriksaan, demi keadilan dan ketertiban dalam masyarakat, hal ini dilakukan terhadap orang yang tidak bersalah, sehingga tersangka atau terdakwa menderita lahir bathin akibat sikap tindak para aparat penegak hukum tersebut. Tujuan penelitian yaitu 1) Untuk mengetahui pertimbangan hukum penghentian penyidikan terhadap tindak pidana. 2) Untuk mengetahui akibat hukumnya jika terjadi penghentian penyidikan terhadap tindak pidana di Polres Kota Bima. Metode menggunakan penelitian empiris dengan pendekatan sosiologi hukum. Subjek penelitian yaitu staf di Polres Kota Bima. Metode pengumpulan data menggunakan observasi, wawancara dan dokumentasi. Metode analisis data menggunakan metode analisis interaktif. Hasil penelitian menunjukkan 1). Pertimbangan hukum penghentian penyidikan terhadap tindak pidana di Polres Kota Bima meliputi tidak diperoleh bukti yang cukup, peristiwa yang semula dianggap bukan tindak pidana dan penghentian penyidikan demi penegakkan hukum. Praperadilan dilakukan untuk penegakan hukum dan perlindungan hak asasi korban dalam semua tingkat pemeriksaan perkara pidana. 2) Akibat hukum jika terjadi penghentian penyidikan terhadap tindak pidana meliputi mempermudah penyidik dalam menyelesaikan kasus. The detention was carried out for examination, for the sake of justice and order in the community, this was done against innocent people so that the suspect or defendant suffered physical birth due to the attitude of the law enforcement officers. The research objectives are 1) To find out the legal considerations for terminating investigations into criminal acts. 2) To find out the legal consequences if there is a cessation of an investigation into crime in the Bima City Police Station. The method uses empirical research with a legal sociology approach. The research subjects were staff at the Bima City Police Station. Methods of collecting data using observation, interviews, and documentation. Data analysis method uses interactive analysis methods. The results of the study show 1). Legal considerations for terminating investigations into crimes in Bima City Police Station include insufficient evidence, events that were not considered criminal offenses and termination of studies for law enforcement. Pretrial is carried out for law enforcement and protection of victims' basic rights at all levels of criminal case checks. 2) The legal consequences of the termination of an investigation into a criminal offense include making it easier for the investigator to settle the case, as a force of evidence and expedite the legal process.

scholarly journals Circumstances to Be Clarified under the Investigation of Interference into Law Enforcement Officer’s Activity

2021 ◽  
Vol 81 (2) ◽  
pp. 97-103
Author(s):  
V. O. Gusieva
Keyword(s):  
Law Enforcement ◽  
Criminal Liability ◽  
Demographic Data ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Enforcement Officer ◽  
Criminal Offenses ◽  
Procedural Costs ◽  
Detailed List ◽  
Law Enforcement Officer

The author has substantiated the need to establish the circumstances to be clarified and has determined their significance during the investigation. It has been emphasized that the circumstances to be clarified include the circumstances to be proved in criminal proceedings, criminal and forensic characteristics of a criminal offense. In order to determine the circumstances to be clarified during the investigation of interference in the activities of a law enforcement officer, the author has studied the circumstances to be clarified within the group of criminal offenses related to obstruction of the activities of a law enforcement officer, as well as during the investigation of interference in the activities of a forensic expert. Taking into account the specified scientific provisions, the author has defined a detailed list of circumstances to be clarified during the investigation of interference in the activities of a law enforcement officer. It has been established that the circumstances to be clarified during the interference in the activities of a law enforcement officer include: 1) circumstances related to the criminal offense, namely: time, place, situation and traces of a criminal offense, methods of its commission (preparation, direct commission and concealment), tools and means used during the interference, the scope of procedural costs; circumstances that are the basis for ceasing criminal proceedings; the reasons and conditions that contributed to the commission of a criminal offense; 2) circumstances related to the identity of the victim, including: socio-demographic characteristics of the victim, place of work, position held; official and functional responsibilities, the victim’s belonging to a law enforcement agency during the commission of a criminal offense against him; the type and scope of damage caused to the victim; 3) circumstances related to the identity of the offender, namely: socio-demographic data of the offender, physiological and psychological condition, gender, citizenship, financial status, place of work, the record of criminal conviction and the facts of bringing to administrative liability; the presence of dependent disabled people; the presence of guilt in the form of direct intent, the purpose of the action; circumstances that aggravate or mitigate the punishment of the offender are grounds for releasing from criminal liability or punishment that exclude criminal liability; presence of accomplices.

scholarly journals Perspective Of Stakeholders On The Sustainability Of Tuberkulosis Program

2020 ◽  
Vol 9 (1) ◽  
pp. 224-240
Author(s):  
Indasah Indasah ◽  
Dedi Saifulah ◽  
Anita Restu Korbaffo
Keyword(s):  
Prevention And Control ◽  
Case Study Research ◽  
Qualitative Approach ◽  
Service Program ◽  
Tb Control ◽  
Descriptive Research ◽  
Tb Treatment ◽  
Complete Treatment ◽  
And Control

This research is a type of descriptive research using a qualitative approach design using a case study research design. Funding for the TB program in Pasuruan Regency was sourced from the APBD and also Health Operational Assistance sourced from the Special Allocation Fund decreased. The budget for TB prevention prevention programs is absorbed entirely But the performance of achieving the discovery targets is still not significant. Still not found the whole case, complete treatment has not been maximized, some even DO. TB control activities allocated for TB prevention and control services appear to be relatively small compared to the TB treatment budget. Based on all the challenges faced, a strategy was formulated to eliminate TB within the next 5 years by strengthening the leadership of a quality TB service program with a sustainable program across stakeholders

scholarly journals JUDGE'S JUDGMENT ON CRIMINAL OFFENSE AGAINST PERPETRATORS OF CRIMINAL EXTORTION WITH THE VIOLENCE AGAINST OTHER PEOPLE'S MOTORCYCLES (Verdict Study Number: 237/Pid. B/2018/PN Kla)

2020 ◽  
Vol 2 (01) ◽  
pp. 56-65
Author(s):  
Oktasari Putri Pramisela ◽  
Yulia Hesti
Keyword(s):  
Law Enforcement ◽  
Attorney General ◽  
Criminal Code ◽  
Deterrent Effect ◽  
District Court ◽  
Criminal Offence ◽  
Factors Affecting ◽  
Criminal Offenses ◽  
Violent Criminal ◽  
The Law

A crime or criminal act, usually perpetrators of criminals because of an encouragement based on the importance of fulfilling the necessities of life that is relatively difficult to fulfill. In principle the crime problem does not stand alone, but it relates to other issues such as social, economic, political and cultural which is as a phenomenon that affects each other. To tackle crimes and criminal acts such a thorough enforcement and anticipation policy is required. One of the most common criminal acts in the community is the violence of violent blackmail. Perpetrators can be assessed by the community, therefore it is necessary to be handled by the law enforcement officers intensively with the severity of the criminal that was dropped. The problem in this study is how the judge's consideration in dropping a criminal against perpetrators of criminal offenses with violence against motorcycles belonging to others, what are some factors causing perpetrators of criminal extortion with violence. The method of study used is the normative juridical approach and empirical approach obtained directly at the District Court of Kls II Kalianda, state Attorney of South Lampung. Based on the results of the study can be concluded that the judge's judgment in the criminal offence against the perpetrator of violent criminal offence is in accordance with the element contained in article 368 paragraph (1) of the criminal CODE and was sentenced to 2 years imprisonment. Factors affecting the cause of perpetrators of criminal extortion in violence are environmental factors, economic factors on society, the law enforcement. The advice given is to be expected to the Tribunal, the attorney general and the police in providing or establishing the article can be in accordance with its elements and actions, to the rationing punishment against the defendant is considered fair and give a deterrent effect so that the defendant can not repeat it again. There is cooperation between law enforcement and the community in minimizing the crimes that occurred.

ANALYSIS POLICE EFFORTS IN CLEAR HER NAME DUE TO FALSE ARREST ACCORDING TO ARTICLE 1, ITEM 23 ABOUT REHABILITATION ARREST CRIMINAL CODE

2015 ◽  
Vol 1 (2) ◽  
pp. 93-110
Author(s):  
Dadang Suprijatna
Keyword(s):  
Justice System ◽  
Descriptive Analysis ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Integral Approach ◽  
Criminal Offense ◽  
Penal Policy ◽  
The Law ◽  
The Right ◽  
Sense Of Justice

ABSTRACTPositions wrongly in Indonesia's criminal justice system was relatively less attention, and yet provide direct protection against the victim. Criminal law policy for the protection of victims of wrongful arrest of a criminal offense, used with an integral approach and balance between penal policies (penal policy) and non penal policy (non penal policy) in order to achieve the welfare of the community.  The method used in this research is a normative legal research methods descriptive analysis, which is intended to provide data as possible about a situation. In this case the intended data is data that can be used as research material, which is used to determine the various statutory provisions governing the authority of the police in restoring the good name of victims of wrongful arrests.  Rehabilitation described in Article 97 paragraph (1) as follows: "a right to obtain rehabilitation if the court acquitted or freed from all lawsuits whose decision has had permanent legal force."The consequences of the law in the case of wrongful arrests should not only for the victims be wrongly alone but ought to fulfill a sense of justice in society should also have the responsibility of police investigators alone. Legal responsibilities of law enforcement in this case that should be able to apply Article 1, point 23 of the Code of Criminal Procedure mentioned rights wrongly rehabilitation.  The conclusion of this study Accountability police investigators in arresting the suspect one of them is doing the rehabilitation of suspects, where rehabilitation is continued provision of compensation. If damages are set in the two chapters, rehabilitation arranged in one article only, namely Article 97 of the Criminal Procedure Code. Thus still expected to implementing regulations. Rehabilitation is the right person to get redress in capabilities, position and dignity and dignity given to the level of investigation, prosecution, or trial since been arrested, detained, charged, or prosecuted without reason that by law or by reason of a mistake as to the person or the law is applied.  Keywords: Clear Her, Name, False Arrest

scholarly journals Criminal offenses - a new institute of criminal legislation of Ukraine

2020 ◽  
Vol 11 (4) ◽  
Author(s):  
Kovalova Svitlana ◽  
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Criminal Legislation

The article analyzes the feasibility of introducing the institution of criminal offense. The focus is on reforming the criminal justice system. It was found out that one of the directions of reforming the criminal justice of Ukraine is the introduction of the institute of criminal misdemeanor in the criminal legislation. According to the results of the study, different approaches to the expediency of establishing liability for misconduct in the criminal legislation of Ukraine have been identified. It is reasonable that changing the understanding of the concept of crime and the criteria for its evaluation is not an easy path, but in today's conditions the introduction of criminal offenses is a progressive, timely and unalterable step, as no scientific developments can solve law enforcement problems. Keywords: criminal proceedings, institute of criminal offense, crime, reforming, criminal legislation, Concept of reforms, criminal justice

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 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 Traces of murders committed by convicts in prison

2019 ◽  
pp. 104-109
Author(s):  
K.G. Shelenina
Keyword(s):  
Law Enforcement ◽  
Direct Evidence ◽  
Scientific Literature ◽  
Theory And Practice ◽  
Psychological Characteristics ◽  
Law Enforcement Agencies ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Enormous Amount ◽  
The Subject

The concept of “forensic characteristics of crimes” has long been among the basic concepts of forensic theory and practice. The content of this concept is a systematic set of data about the crime, elements of its composition that are relevant for the identification and exposure of the perpetrator – the location, time, method, traces of the crime, and other circumstances of the subject of evidence, as well as related facts. Particularly serious criminal offenses represent one of the most difficult categories of crimes in terms of their detection and investigation. Often this is due to miscalculations and mistakes in the conduct of primary investigative and search operations, the lack of adaptation of existing private forensic techniques to the realities of modern crime in this field. Most often, the primary measures to identify the perpetrators of the murder of a person are haphazard in nature, conducted without involving the entire arsenal of tactical and criminalistic tools. Sometimes this leads to the loss of the necessary evidence and the lack of efficiency of the enormous amount of work. Detection of certain traces at the scene of the murder, their subsequent fixation, and seizure contribute to the emergence of possible forensic versions, as well as with their help it is possible to distinguish the key signs of the murders committed and consider the evidenced evidence in a specific context. The traces allow us to draw conclusions about the nature, motives, and mechanism of the criminal offense, the identity of the offender, his characteristic physical and psychological characteristics, which are extremely important in the investigation of the killings. Murders committed by convicts in prisons, like any other, cannot be committed without a trace, ie they leave behind in the environment as traces. Which is direct evidence when investigating such a category of crimes. Analyzing the scientific literature and taking into account the practice of law enforcement agencies, the concepts of traces, bases of classification, differentiation of concepts “trace picture”, “typical trace picture”, “typical traces”, division of trace pictures into groups of traces were investigated and revealed. Keywords: trace picture, crime, murder, places of imprisonment, traces.

scholarly journals Activities of Detective Units in the National Police of Ukraine: Current Status and Perspectives

2021 ◽  
Vol 81 (2) ◽  
pp. 149-153
Author(s):  
O. P. Zavorina ◽  
O. V. Fomin
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Current Status ◽  
Professional Activity ◽  
Law Enforcement Agencies ◽  
Criminal Offenses ◽  
Private Detective ◽  
Procedural Code ◽  
The Law ◽  
National Police

Ukrainian law enforcement agencies are undergoing a long-term transformation from a system of punitive law enforcement agencies to European-style law enforcement agencies, which should focus on providing services to the population and respecting human rights. One of the areas of the reform was the introduction of the Detective project in the National Police of Ukraine. It should be noted that detective work in Ukraine is a new type of professional activity. However, it should be noted that legal regulation of detective work of both civil servants (law enforcement detectives) and private detectives is absent in Ukraine, although in many countries around the world private detective work is legalized and benefits society. The adoption of the Law "On Private Detective Activity" will allow to establish proper state control over this type of activity at the legislative level and will legalize private detective activity, which is actually carried out, is in demand and recognized by society. However, there is an indisputable opinion in Ukraine that law enforcement activities can be performed exclusively by state structures. And the introduction and operation of private detectives will put an end to the state monopoly in this direction. However, there are also positive points: first of all, several thousand private detective agencies and private detectives must come out of the shadow, pay taxes, report to the police about criminal offenses that are being prepared or committed, provide intelligence, etc. Based on the above, we conclude that legislative regulation of such activities is required for the full work of police and private detectives, including amendments to the Criminal Procedural Code of Ukraine, the Law of Ukraine "On Investigative Activities", departmental orders and instructions, in particular, to the Instruction on the organization of interaction of pre-trial investigative agencies with other agencies and units of the National Police of Ukraine in preventing criminal offenses. detection and investigation, approved by the order of the Ministry of Internal Affairs of Ukraine dated from July 7, 2017, No. 575.

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