scholarly journals DISKRESI YANG DILAKUKAN APARAT PENEGAK HUKUM DALAM SISTEM HUKUM MILITER INDONESIA

2020 ◽  
Vol 3 (1) ◽  
pp. 69-80
Author(s):  
Budi Pramono
Keyword(s):  
Law Enforcement ◽  
Public Interest ◽  
Good Governance ◽  
Positive Impact ◽  
Public Order ◽  
Public Officials ◽  
The Public ◽  
Law Enforcement Officials ◽  
The Military ◽  
Education Courses

The implementation of law enforcement in the Indonesian military environment according to the writer's observation is still chaotic and there is sectoral ego. Discretion is very important in law enforcement in the military legal system, law enforcement officials are required to act wisely, wisely and responsibly. This research is a study of normative law using statutory and conceptual approaches. Every policy issued by public officials must pay attention to the signs that do not conflict with law and human rights, do not conflict with statutory regulations, must apply the general principles of good governance; and does not conflict with public order and decency. The use of discretion has a positive impact on law enforcement, although in certain circumstances the public interest must violate the law. In conducting discretion a clear and accurate consideration is needed, so that it can be accounted for legally, morally and to the community seeking justice, so that military soldiers before becoming law enforcers must go through education/courses first.Pelaksanaan penegakan hukum di lingkungan militer Indonesia menurut pengamatan penulis masih terjadi carut marut dan adanya ego sektoral. Diskresi sangat penting dalam penegakan hukum dalam sistem hukum militer, aparat penegak hukum dituntut untuk bertindak arif, bijaksana dan bertanggung jawab. Penelitian inimerupakan peneltian hukum normatif dengan menggunakan pendekata perundang-undangan dan konseptual. Sertiap kebijaksaan yang dikeluarkan oleh pejabat publik harus memperhatikan rambu-rambu tidak bertentangan dengan hukum dan HAM,  tidak bertentangan dengan peraturan perundang-undangan, wajib menerapkan asas-asas umum pemerintahan yang baik; serta tidak bertentangan dengan ketertiban umum dan kesusilaan. Penggunaan diskresi berdampak positif terhadap penegakan hukum, meskipun dalam keadaan  tertentu untuk kepentingan umum harus melanggar hukum. Dalam melakukan diskresi diperlukan  pertimbangan yang jelas dan akurat, sehingga dapat dipertanggung jawabkan secara hukum,  moral dan kepada masyarakat pencari keadilan, sehingga prajurit militer sebelum menjadi penegak hukum harus melalui pendidikan/kursus terlebih dahulu.

scholarly journals The Principles of Good Government in Suppressing Corruption

2019 ◽  
Vol 5 (1) ◽  
pp. 1-16
Author(s):  
Binov Handitya
Keyword(s):  
Public Interest ◽  
Good Governance ◽  
Government Policies ◽  
Legal Certainty ◽  
Public Officials ◽  
Good Service ◽  
The Public ◽  
Government Administration ◽  
Good Government ◽  
The Government

This paper discusses the application of The Principles Of Good Government, or what we often know with the General Principles of Good Governance (AUPB) in the implementation of government policies, needs to be improved. As a form of filter that is able to filter out any government administration so that it can be free from the snare of corruption. Public officials or implementers must be emphasized in understanding in depth the principles contained in the AUPB to be applied in providing services to the public / community. There are at least 8 (eight) principles attached to the AUPB based on the Government Administration Law, among others: the principle of legal certainty, the principle of expediency, the principle of impartiality, the principle of accuracy, the principle of not abusing authority, the principle of openness, the principle of public interest and the principle of good service.

Public Order: Concept and Category Content

2020 ◽  
pp. 95-99
Author(s):  
R. G. Kalustov
Keyword(s):  
Law Enforcement ◽  
Public Order ◽  
Law Enforcement Agencies ◽  
The Public ◽  
History Of

The article discusses the emergence and development, as well as existing approaches to understanding the concept of “public order”. The history of the formation of this category is examined by analyzing regulatory legal acts. This method allows you to track the change in value and determine how to correctly understand the “public order” today. Revealing the concept, ambiguity arises in understanding this category, in connection with which the most applicable approach is currently determined for use in practice by law enforcement agencies.

scholarly journals Corporate Governance of Artificial Intelligence in the Public Interest

Information ◽  
2021 ◽  
Vol 12 (7) ◽  
pp. 275
Author(s):  
Peter Cihon ◽  
Jonas Schuett ◽  
Seth D. Baum
Keyword(s):  
Artificial Intelligence ◽  
Corporate Governance ◽  
Law Enforcement ◽  
Nonprofit Organizations ◽  
Public Interest ◽  
Department Of Defense ◽  
The Public ◽  
Wide Range ◽  
The Media ◽  
The U.S

Corporations play a major role in artificial intelligence (AI) research, development, and deployment, with profound consequences for society. This paper surveys opportunities to improve how corporations govern their AI activities so as to better advance the public interest. The paper focuses on the roles of and opportunities for a wide range of actors inside the corporation—managers, workers, and investors—and outside the corporation—corporate partners and competitors, industry consortia, nonprofit organizations, the public, the media, and governments. Whereas prior work on multistakeholder AI governance has proposed dedicated institutions to bring together diverse actors and stakeholders, this paper explores the opportunities they have even in the absence of dedicated multistakeholder institutions. The paper illustrates these opportunities with many cases, including the participation of Google in the U.S. Department of Defense Project Maven; the publication of potentially harmful AI research by OpenAI, with input from the Partnership on AI; and the sale of facial recognition technology to law enforcement by corporations including Amazon, IBM, and Microsoft. These and other cases demonstrate the wide range of mechanisms to advance AI corporate governance in the public interest, especially when diverse actors work together.

The Control-Effectiveness Framework of Civil–Military Relations

2021 ◽  
Author(s):  
Florina Cristiana Matei ◽  
Carolyn Halladay
Keyword(s):  
Law Enforcement ◽  
Democratic Governance ◽  
Civilian Control ◽  
Century Model ◽  
Security Sector ◽  
Control Effectiveness ◽  
Civil Military Relations ◽  
Law Enforcement Officials ◽  
Military Relations ◽  
The Military

Civil–military relations—particularly the principles and practices of civilian control of the security sector—have changed significantly since the 1990s as more and more states around the world seek to consolidate democracy. The scholarly focus and the policy that it informs remain stuck in a mid-20th-century model, however. While civilian control remains central, this civilian oversight must, itself, uphold the requirements of democratic governance, ensuring that the uniformed forces are well integrated into the democracy that they are sworn to protect. Moreover, this democratic civilian control also must ensure the effectiveness of the security sector in the sense that soldiers, law enforcement officials, and intelligence agencies can fulfill the range of their missions. Thus, democratic civilian control requires ongoing attention from both the civilian and the military sides.

scholarly journals The Control of Environment Management Through Administrative Court

2018 ◽  
Vol 31 ◽  
pp. 09024
Author(s):  
Aju Putrijanti
Keyword(s):  
Law Enforcement ◽  
Conflict Of Interest ◽  
Good Governance ◽  
Human Life ◽  
Environmentally Friendly ◽  
Environment Management ◽  
The Public ◽  
The People

Environment is important in human life. Conflict of interest comes between development of economy sector, citizenship needs and Governance, as it becomes completely difficult to analyze. The environment’s lawsuit is increase from the beginning of the Court established. The duty of Administrative Court are to investigate, decide and settle administrative disputes. The Governance has to pay attention before issuing the Government’s decree by put principle of good governance as priority. The issue in this paper is strengthening the role of Administrative Court to maintain the environment reuse by settle environment disputes based on the importance of environment. The administrative decisions in environment field may cause a loss or damage for the people. When the public officer did not put the appreciation to the reuse of environment and principle of good governance, it will become problems. The decision should be environmentally friendly. There should be certified judge to settle the dispute. The method of this research by examines the Judge’s verdict in environment disputes, and its relation with regulations and the newest issues. The conclusion is increase the role of the Administrative Court to maintain the environment by law enforcement through settle environment disputes.

scholarly journals The Phenomenon of Sexual Violence among Adolescents in the Jurisdiction of the West Jakarta National Police Resort and Its Prevention Efforts

FIAT JUSTISIA ◽  
2019 ◽  
Vol 13 (2) ◽  
pp. 115
Author(s):  
Dylan Aldianza Ramadhan ◽  
Charina Putri Besila
Keyword(s):  
Law Enforcement ◽  
Sexual Violence ◽  
Scientific Work ◽  
Scientific Paper ◽  
Conduct Literature ◽  
The West ◽  
The Public ◽  
Police Station ◽  
Law Enforcement Officials ◽  
National Police

The writing of this scientific paper examines the lack of legal awareness of the community about sexual violence. This scientific work arose because the author saw that there were still many cases of sexual violence even though there were rules governing the acts of sexual violence. And this scientific work aims to tell the public what factors influence the act of sexual violence still arise and what efforts can be made by the community and law enforcement officials such as the police for this problem and is expected to eliminate the emergence of new sexual violence. The study sample was victims of sexual violence or sexual harassment in the Jakarta Bara police station. Data collection is carried out by interviewing 15 West Jakarta District Police Polres. And also conduct literature studies by looking for sources related to sexual violence. The results of this study suggest that the factors that often underlie the occurrence of sexual violence is a love factor where if the victim refuses to serve the perpetrators things will arise that are undesirable and there are false facts from the recognition of the average perpetrator who was interrogated by the police

scholarly journals The legal assessment of the crime of commercial advertising against public order and public morality

2019 ◽  
Vol 5 (1) ◽  
pp. 29
Author(s):  
Mohammed Rashid Hassan Al jaff ◽  
Sarbast Taha Sharif
Keyword(s):  
Consumer Protection ◽  
Public Interest ◽  
Human Dignity ◽  
Public Order ◽  
Legal Certainty ◽  
Public Morality ◽  
The Public ◽  
Legal Assessment ◽  
Commercial Advertising

in this research we will examine the legal dimensions of this contemporary crime in Iraqi consumer protection law which was ordered in 2010 .then we will focus on the criminal framework of the mentioned crime clarifying its elements , in addition to that we will make controversial discussion regarding the determination of the crime . in this research we will make a presumption by which we will spouse that the commercial advertisements must be suitable with the public interest criteria and human dignity. thus by increasing of this commercial practices without controlling, consequently the legislator must enact the proportionate rules with depending on legal certainty. At al we will strive to clarify all these problematic issues in this research.

scholarly journals Model Akuntabilitas Birokrasi di Era Otonomi Khusus Aceh (Tinjauan Terhadap Tes Shalat dan Baca Al-Qur'an di Kabupaten Aceh Barat Daya)

2019 ◽  
Vol 17 (1) ◽  
pp. 18
Author(s):  
Ferizaldi '
Keyword(s):  
Local Government ◽  
Public Interest ◽  
Good Governance ◽  
Regional Government ◽  
The Public ◽  
Aceh Province ◽  
Government Bureaucracy ◽  
Comprehensive Manner ◽  
Low Performance ◽  
The Government

The implementation of local government in the context of the Special Autonomy of Aceh has the freedom of the regional government to administer government in accordance with the principles of good governance. In Indonesia it is regulated by Law No. 28 of 1999 concerning the Organization of a clean and free country of corruption and nepotism, through various innovations and creativity to create good governance based on the public interest. This is to answer various problems surrounding the low performance of the bureaucracy because many are entangled in various corruption cases. One attempt to change the government bureaucracy is good, then introduced a new model through local wisdom in the Southwest Aceh District of Aceh Province, by carrying out the Prayer Test and Reading the Qur’an to prospective structural officials, as an effort to reform bureaucracy to create bureaucratic accountability, which It is expected that these activities will produce bureaucrats who are religiously accountable and customer oriented. However, this program must be carried out in a sustainable and comprehensive manner through complementary programs that support the program and do not underestimate the supervision efforts which as a classic action create a healthy bureaucracy.

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