scholarly journals PELAKSANAAN HUKUMAN MATI DALAM PERSEPEKTIF HAK ASASI MANUSIA

2020 ◽  
Vol 1 (1) ◽  
pp. 76
Author(s):  
Heriyono Heriyono
Keyword(s):  
Law Enforcement ◽  
Death Penalty ◽  
Logical Consequence ◽  
Illegal Drugs ◽  
Indonesian Government ◽  
Historical Factors ◽  
History Of ◽  
Pros And Cons ◽  
Three Stages ◽  
The Government

In 2015 the Government of Indonesia carried out three stages of executions of 18 inmates, out of 18 convicted prisoners, only 4 inmates were Indonesian citizens, the rest were foreign nationals, this was what later made the execution of death executions by the Indonesian government in 2015 a global spotlight . For the Indonesian government, the execution of several people convicted of narcotics and illegal drugs is a logical consequence of the spirit of law enforcement in Indonesia. It is also evidence of the government's commitment in its fight against drugs. In Indonesia, violations and crimes against the misuse of narcotics and illegal drugs are high class crimes (extra ordinary crime) as well as terrorism. This article discusses how the history of the death penalty, then also about the existence of the implementation of the death penalty in the legal system in Indonesia, furthermore also about the debate and pros and cons of the implementation of the death penalty, and the last is about the implementation of the death penalty in the perspective of human rights relativeiseme. This arithmetic draws the conclusion that the development of the pendang way of carrying out the death penalty is strongly influenced by historical factors of the country concerned. In addition, natural factors (culture) and culture (culture) also influence the development of thought implementation and application of the death penalty.

scholarly journals Limiting Freedom During the Covid-19 Emergency in Italy: Short Notes on the New “Populist Rule of Law”

Global Jurist ◽  
2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Alessandro Simoni
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Media Reporting ◽  
History Of ◽  
The Government

AbstractThe implications of the severe lockdown regime introduced in Italy in the context of the Covid-19 emergency can be correctly understood only through a broader look at how the text of the provisions adopted by the government is transformed by media reporting and law enforcement practice. From such a perspective, it appears clearly that we are witnessing nothing more than the most recent segment of a populist approach to the use of legal tools, the history of which starts well before the pandemic.

scholarly journals PROBLEMATIKA PENERAPAN PIDANA MATI DALAM KONTEKS PENEGAKAN HUKUM DI INDONESIA

2012 ◽  
Vol 1 (2) ◽  
pp. 207
Author(s):  
Slamet Tri Wahyudi
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Death Penalty ◽  
Government Policy ◽  
Secondary Data ◽  
Legal Issues ◽  
Government Policies ◽  
Legal Certainty ◽  
The People ◽  
The Government

Law enforcement without direction and not based on the three pillars of the justice of law, legal certainty and the benefits to society can break the law anyway even violate human rights. As one of the policies of the government that are not considered mencerminakan the values of justice and disturbing for the people, the government policy that acts of omission or delay in the application of the death penalty. This research is a normative legal normative juridical approach. The data collected is secondary data were analyzed using qualitative methods juridical analysis. Based on these results it can be concluded that in the application of the death penalty there are serious legal issues, this is due to government policies that commit omission or delay in the execution of the death penalty is a violation of human rights as stipulated in Article 28 of the 1945 Constitution. Keywords: Death penalty, Justice, Legal Certainty, Law

scholarly journals RUSSIAN INVESTIGATION AS VIEWED BY A HISTORIAN

2019 ◽  
Vol 12 ◽  
pp. 3-10
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
18Th Century ◽  
Legal Aspects ◽  
Russian Society ◽  
History Of ◽  
The Russian Federation ◽  
Russian Law ◽  
The Government ◽  
Low Efficiency

The article is dedicated to the famous Russian historian and legal expert Doctor of History Dmitriy O. Serov and a brief analysis of his studies concerning the establishment and development of the Russian law enforcement authorities in the first third of the 18th century: courts, prosecutor’s office, fiscal service, investigative authorities. Having started his scientific activities from studies of history of the spiritual life of the Russian society from the 17th to the 18th century, D.O. Serov then moved on to the legal aspects of history of the 18th to the 20th century, history of the personnel of the national government machine focusing on investigative authorities and was recognized in our country and abroad as one of the best experts of the Peter the Great’s epoch, specialist in history of the Russian law enforcement and judicial systems, leading scientist studying history of the Russian investigative authorities. D.O. Serov developed new areas of historical and legal research; identified, researched and introduced into scientific discourse many earlier unknown or briefly mentioned archive files including the Instruction to Major’s Investigative Chancelleries of December 9, 1717. The educational course History of the Russian Investigative Authorities was launched based on his research; a new professional holiday, the Day of an Investigation Officer of the Russian Federation, was introduced by Resolution of the Government of the Russian Federation No. 741 of August 27, 2013 (July 25, the day of establishment of the first M.I. Volkonskiy investigative chancellery); some memorable dates of history of the national pre-trial investigation were introduced (including December 9, the Day of Establishment of Major’s Investigative Chancelleries). D.O. Serov justified that the Russian investigative authorities originated in the form of investigative chancelleries. The basis for acknowledgment of such chancelleries as investigative authorities is their characteristics as an independent permanent government authority, designated to investigate criminal cases on the pre-trial stage, being the only function of this authority. D.O. Serov’s research showed that the reason for a short life of such authorities was not their low efficiency. Quite the opposite, major’s investigative chancelleries were in advance of their time and turned out to be misfitting even for the reformed state mechanism of Russia.

scholarly journals Hukuman Mati Bagi Koruptor Pada Saat Keadaan Tertentu (Pandemi COVID-19) Perspektif Hukum Nasional dan Hukum Islam

2021 ◽  
Vol 15 (1) ◽  
pp. 137-150
Author(s):  
Dahyul Daipon
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Death Penalty ◽  
Criminal Law ◽  
Islamic Law ◽  
Positive Law ◽  
The Government

The current condition of the Covid-19 pandemic is a time where almost everyone feels social and economic difficulties. Communities whose regions apply restrictions/quarantines are highly dependent on assistance from the government. This paper is a study and analysis of one question how the death penalty can be applied to perpetrators of corruption during the Covid-19 outbreak or pandemic. In the criminal law that applies in Indonesia, the death penalty for perpetrators of criminal acts of corruption is contained in Article 2 paragraph 2 of Law no. 31 of 1999 concerning the Eradication of Corruption Crimes. Meanwhile, in Islamic law, corruption is categorized as jarimah ta'zir. The results of this study conclude that during a pandemic, the death penalty can be applied to corruptors in accordance with the provisions of Article 2 of the Anti-Corruption Law and the provisions of Islamic criminal law as jarimah ta'zir. There are fundamental differences in the application of the death penalty for corruptors according to positive law and Islamic criminal law, especially with regard to the conditions required for the imposition of the death penalty. Even though this seems cruel according to human rights supporters, this needs to be a concern for all law enforcers so that they can carry out strict law enforcement against perpetrators of corruption crimes during the pandemic.

scholarly journals Formulative Policy of Death Penalty for Corruptors in Indonesia

2020 ◽  
Vol 4 (2) ◽  
pp. 55-69
Author(s):  
Ni Wayan SINARYATI ◽  
I Gede ARTHA
Keyword(s):  
Law Enforcement ◽  
Death Penalty ◽  
Capital Punishment ◽  
Legal Research ◽  
Criminal Sanctions ◽  
Analysis Technique ◽  
Library Studies ◽  
The Republic ◽  
The Government ◽  
Materials Used

Corruption is committed by state officials, law enforcement and other related parties. Various efforts have been made by the government in preventing and eradicating corruption in Indonesia, but the efforts that have been made have not yet gotten optimal results. The fundamental weakness in eradicating corruption in Indonesia is the formulation of the main criminal sanctions in the form of criminal threats that are facultative, uncertain or must be. So that the corruptors are never deterred or afraid. In the future, the legislators need to reformulate the provisions of Article 2 paragraph (2) of the Republic of Indonesia Law Number 31 of 1999 as amended to Law of the Republic of Indonesia Number 20 of 2001 concerning Eradication of Corruption. Various criminal law policies still need to be carried out by the state in order to eradicate corruption to achieve the expected results. This type of research in this paper uses the type of normative legal research. The type of approach is in the form of a legal approach related to corruption. There are two legal materials used, namely primary legal materials and secondary legal materials, with legal material collection techniques used in the form of library studies. The analysis technique used is descriptive, interpretation, evaluation and argumentative techniques. The research in this paper intends and aims to examine and analyze the facts and phenomena of corruption that are stated in specific legislation concerning criminal sanctions (capital punishment) for corruptors in Indonesia. Moreover, corruption is qualified as an extraordinary crime so it needs extraordinary handling as well.

scholarly journals The Trafficking Victims Protection Act: Has the Legislation Fallen Short of its Goals?

2008 ◽  
Vol 15 (1) ◽  
pp. 33 ◽  
Author(s):  
MaryAnne McReynold
Keyword(s):  
Law Enforcement ◽  
The United States ◽  
United States Government ◽  
Policy Recommendations ◽  
Legislative History ◽  
Trafficking Victims Protection Act ◽  
History Of ◽  
The Government ◽  
Trafficking Victims

This analysis examines the immigration status that the United States government affords to individuals who are willing to meet the requirements of the Victims of Trafficking and Violence Protection Act of 2000, commonly known as the Trafficking Victims Protection Act (TVPA). This article presents the legislative history of the TVPA with an emphasis on the factors that heighten the tension between the interests of trafficking victims and those of the government. Available immigration relief is not truly "relief" unless it is accessible to those who need it, that is, those for whom Congress designated this type of visa status. Likewise, legislation that designates an action as criminal is fruitless unless it provides for effective investigations and enforcement. As crucial as it is to punish and deter traffickers, the special nature of this crime necessitates that the victims, who are central to the role of law enforcement, receive ample protection. In conclusion, the author suggests seven policy recommendations to improve the government's ability to punish and deter human traffickers while protecting the victims of these crimes.

scholarly journals Regulation of The Provision of Covid-19 Vaccination in Indonesia as The Implementation of State Obligations in line with The Indonesian Constitution

SASI ◽  
2021 ◽  
Vol 27 (4) ◽  
pp. 451
Author(s):  
Lisa Mery ◽  
Andi Rahmah ◽  
Andi Sry Rezki Wulandari
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Positive Impact ◽  
Health Law ◽  
The Rule Of Law ◽  
Indonesian Government ◽  
Global Pandemic ◽  
State Obligations ◽  
The Republic ◽  
The Government

This study aims to provide a clear picture of the steps (efforts) of the government of the Republic of Indonesia to provide vaccines to its people evenly and free of charge according to the standards or procedures in the Health Law which is a derivative of the constitutional mandate of the Republic of Indonesia, the research method uses normative juridical research that combines the rule of law. With law enforcement which is a regulation of the Indonesian government, the results of the study provide a perspective that various ways have been attempted by the Indonesian government to overcome the Covid-19 virus pandemic, vaccines are a continuous hope to increase immunity and immunity of community groups which will certainly have a positive impact with the release of the Indonesian state from health threats and a spike in the increase in cases during the global pandemic. The conclusion of this study is that the Indonesian government has made intensive and accurate efforts to protect citizens and build group immunity which of course has an impact on the positive possibility that the Indonesian state and nation can get out of worries due to the Covid-19  pandemic.

Damnatio Memoriae

2021 ◽  
Vol 2 (12) ◽  
pp. 52-63
Author(s):  
Alexander B. Joy ◽  
Keyword(s):  
Death Penalty ◽  
Short Story ◽  
Capital Punishment ◽  
New Technologies ◽  
The State ◽  
Public Affair ◽  
Electrical Shocks ◽  
History Of ◽  
The Government

Are we just the sum of our memories? Is erasing all the memories of a person more, or less humane, than the death penalty? In this work of philosophical short story fiction, a member of the diplomatic corps recounts the history of Etescanate people and the evolution of their implantation of the death penalty over the centuries. Initially, the death penalty was a drawn out, painful and public affair. As time progressed, it remained public, but became more humane. With the advent of new technologies, it was moved indoors as a private affair where electrical shocks or injections were used. Now, the Etescanate people believe they have found the most humane form of capital punishment, complete memory erasure. Those that are found guilty of the most serious crimes are given a chemical cocktail that completely erases their minds of their entire past. There is one caveat to this punishment, while the government has outlawed killing by the state, it still leaves open the possibility of killing by others and, in some cases, the convicted opt to be killed privately instead.

scholarly journals The Study of Implementation Effectiveness in the Various Criminal Law Policies During the Covid-19 Pandemic

2021 ◽  
Vol 23 (3) ◽  
pp. 359-378
Author(s):  
Joko Sri Widodo ◽  
Kristiawanto Kristiawanto ◽  
Tofik Yanuar Chandra
Keyword(s):  
Criminal Law ◽  
Mutual Support ◽  
Criminal Cases ◽  
Indonesian Government ◽  
Criminal Sanctions ◽  
Public Areas ◽  
Pros And Cons ◽  
The Government ◽  
Corruption Prevention ◽  
Assimilation Policy

There are various pros and cons to the criminal law policies by the Indonesian government in the context of dealing with covid 19. So it is necessary to have a study related to the effectiveness of implementing these various policies. The author's background is to discuss the formulation of the problem in this article: What is the criminal law policy during the covid 19 pandemic? And how is the effectiveness in the implementation of these policies? This article uses a normative juridical research method that examines various positive laws from the applicable laws and regulations, and then it is analyzed in analytical descriptive. The Indonesian government has established various policies to prevent the covid 19 transmission. The guidelines consist of: the formation of various legal regulations related to the covid pandemic; a policy of criminal sanctions for violators of social policies during the covid 19 pandemic; prisoner assimilation policy; electronic trial of criminal cases during the covid 19 pandemic; corruption prevention policies; policies on workplaces in public areas. Regarding the effectiveness of implementing these policies, it can be said that the execution tends to be less optimal because the policies are contrary to one another. So this article provides suggestions to the government and the community should have mutual support for the implementation of criminal law policies during the COVID-19 pandemic can be effective.

scholarly journals Illegal land clearing and green economy campaign in Indonesia

2021 ◽  
Vol 905 (1) ◽  
pp. 012141
Author(s):  
D I Pratiwi ◽  
B Saktiawan ◽  
T Risfandy ◽  
M J S Toro
Keyword(s):  
Law Enforcement ◽  
World Bank ◽  
Green Economy ◽  
Agricultural Activity ◽  
Strong Law ◽  
Indonesian Government ◽  
Land Clearing ◽  
The Government ◽  
Negative Impacts ◽  
The Relationship

Abstract Indonesia’s total area of forest and waters is around 130.68 million hectares, but it consistently decreases yearly. The illegal land clearing for agricultural activity is considered as the main cause of the forest reduction, as around 5.6 million hectares of land burned between 2015 and 201 and it costs of hundreds of trillions to the country. In order to lessen the negative impacts of land clearing, Indonesian government indeed has started to promote a green economy campaign, known as sustainable development with an environmental perspective. This study aims to examine the relationship between illegal land clearing and its effect on the Indonesian economy and its relationship with the green economy campaign initiated by the Indonesian government. We use the data from the Indonesian Ministry of Environment and Forestry, Central Bureau of Statistics, Greenpeace Indonesia, and World Bank to analyze this issue. We find that the governments’ poor regulation and monitoring have caused forest and land fires almost every year and it has huge economic and environmental costs that should be paid by the government. Therefore, a strong law enforcement is needed so that the green economy campaign in Indonesia can be executed properly.

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