scholarly journals KEPASTIAN HUKUM DAN BUDAYA KORUPSI DI INDONESIA

2021 ◽  
Author(s):  
Boni Suparto Wuarlela
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Early Age ◽  
Legal Certainty ◽  
Unitary State ◽  
The Future ◽  
Learning Programs ◽  
Law Enforcement Officials ◽  
The Republic ◽  
The Government

One of the biggest problems faced by the Unitary State of the Republic of Indonesia is the handling of the problem of corruption which seems to never end, both in terms of eradicating or implementing laws regarding corruption. In Indonesia, an independent institution specifically dealing with corruption issues has been established, namely the Corruption Eradication Commission (KPK) since 2002. However, the fact is that until 2020 it has not really been able to effectively address the problem of corruption in Indonesia with various arrests made by the Corruption Eradication Commission (KPK). proves that the problem of corruption that occurs inthis country and the government in Indonesia needs serious attention from various parties who play an important role in dealing with the problem. This writing aims to determine the extent to which legal certainty applies in the process of eradicating corruption in Indonesia, the researchmethod used is the normative research method. Based on the results of the research conducted, it can be concluded that the laws governing and law enforcement officials inovercoming the problem of corruption in Indonesia have not been fully effective in providing legal certainty to corrupt actors and the application of existing laws has not been able to fully guarantee the disappearance or no more corruption. will happen in the future, and there is a need for prevention that can give birth to new corruptors in the future by further increasing anti-corruption learning programs and carrying out various socialization or prevention of acts of corruption from an early age which is felt to help overcome the problem of corruptors in this country.

Recommendations of The Ombudsman’s Dilemma: Between Law Enforcement Officials and Protection of Credibility

2018 ◽  
Vol 2 ◽  
pp. 1-12
Author(s):  
Dyah Adriantini Sintha Dewi
Keyword(s):  
Law Enforcement ◽  
Public Service ◽  
Public Services ◽  
Point Of View ◽  
Law Enforcement Officials ◽  
Muslim Majority ◽  
The Republic ◽  
The Government ◽  
The One ◽  
Oversight Body

The Ombudsman as an external oversight body for official performance, in Fikih Siyasah (constitutionality in Islam) is included in the supervision stipulated in legislation (al-musahabah al-qomariyah). Supervision is done so that public service delivery to the community is in accordance with the rights of the community. This is done because in carrying out its duties, officials are very likely to conduct mal administration, which is bad public services that cause harm to the community. The Ombudsman is an institution authorized to resolve the mal administration issue, in which one of its products is by issuing a recommendation. Although Law No. 37 of 2018 on the Ombudsman of the Republic of Indonesia states that the recommendation is mandatory, theombudsman's recommendations have not been implemented. This is due to differences in point of view, ie on the one hand in the context of law enforcement, but on the other hand the implementation of the recommendation is considered as a means of opening the disgrace of officials. Recommendations are the last alternative of Ombudsman's efforts to resolve the mal administration case, given that a win-win solution is the goal, then mediation becomes the main effort. This is in accordance with the condition of the Muslim majority of Indonesian nation and prioritizes deliberation in resolving dispute. Therefore, it is necessary to educate the community and officials related to the implementation of the Ombudsman's recommendations in order to provide good public services for the community, which is the obligation of the government.

scholarly journals Analisis Yuridis Bahaya Narkotika bagi Kesehatan Masa Depan Generasi Muda

2021 ◽  
Vol 8 (2) ◽  
pp. 81
Author(s):  
Nasrianti N ◽  
Muhibbuddin M
Keyword(s):  
Human Resources ◽  
Research Method ◽  
National Development ◽  
Active Role ◽  
Health States ◽  
Legal Norms ◽  
The Future ◽  
Younger Generation ◽  
The Republic ◽  
The Government

Abuse of Narcotics among the younger generation which can damage health and destroy the future of the younger generation and also the continuation of the future of the State then in legal considerations the birth of Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics is, to create a prosperous, just and prosperous Indonesian society that is evenly material and spiritual based on Pancasila and the 1945 Constitution of the Republic of Indonesia, the quality of Indonesia's human resources as one of the assets for national development needs to be continuously maintained and improved, including the degree of health; Therefore, to improve the health status of Indonesian human resources in the context of realizing the welfare of the people, it is necessary to make efforts to improve in the field of treatment and health services, among others by seeking the availability of certain types of Narcotics which are urgently needed as drugs and to prevent and eradicate the dangers of abuse and illicit Narcotics trafficking and Narcotics Precursor. The method used in this research is a qualitative normative juridical research method, namely a research method that refers to the legal norms contained in legislation. The conclusion of Articles 18 and 19 of Law of the Republic of Indonesia Number 36 of 2009 concerning Health, states that the Government is responsible for empowering and encouraging the active role of the community in all forms of health efforts, and the Government is responsible for the availability of all forms of quality, safe health efforts.  efficient, and affordable.

scholarly journals Tinjauan Yuridis Terhadap Tugas dan Kewenangan Jaksa sebagai Penyidik dalam Perkara Tindak Pidana Korupsi

2020 ◽  
Vol 1 (3) ◽  
pp. 1-11
Author(s):  
Vani Kurnia ◽  
Sahuri Lasmadi ◽  
Elizabeth Siregar
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Research Method ◽  
Court Decisions ◽  
Legal Certainty ◽  
Law Enforcement Agencies ◽  
The Future

ABSTRAK Artikel ini bertujuan untuk mengetahui dan menganalisis bagaimana tugas dan kewenangan jaksa sebagai penyidik dalam tindak pidana korupsi dan menganalisis bagaimana tugas dan kewenangan jaksa sebagai penyidik dalam Tindak Pidana Korupsi di masa yang akan datang. Metode Penelitian yang digunakan adalah yuridis normatif. Hasil dari penelitian ini adalah 1)Bahwa dari segi yuridis, jaksa memiliki wewenang dalam melakukan penyidikan tindak pidana korupsi, namun kewenangan masing-masing sub sistem dalam sistem peradilan pidana tindak pidana korupsi harus diperjelas karena sangat menentukan sekali agar kepastian hukum dan kesebandingan hukum dapat tercapai. 2)Bahwa kewenangan penyidikan tindak pidana korupsi yang dimiliki oleh jaksa saat ini berbenturan dengan sistem peradilan pidana yang berlaku di Indonesia. Jika kewenangan penyidikan oleh kejaksaan masih dipertahankan maka terkesan tidak adanya koordinasi antar lembaga penegak hukum karena hampir dalam setiap tahapan penegakan hukum tindak pidana korupsi yaitu tahap penyelidikan, penyidikan, penuntutan dan pelaksanaan putusan pengadilan atau eksekusi, dimiliki oleh lembaga kejaksaan. ABSTRACT This article aims to find out and analyze how the duties and powers of prosecutors as investigators in criminal acts of corruption and analyze the duties and powers of prosecutors as investigators in corruption in the future. The research method used is normative juridical. The results are 1) Whereas from a juridical perspective, the prosecutor has the authority to carry out investigations into criminal acts of corruption, however, the authority of each sub-system in the criminal justice system for corruption must be clarified because it is very decisive so that legal certainty and legal equivalence can be achieved. 2) Whereas the prosecutor's current authority to investigate criminal acts of corruption clashes with the criminal justice system in force in Indonesia. If the investigative authority is maintained by the prosecutor's office, it seems that there is no coordination between law enforcement agencies because almost every stage of law enforcement on corruption, namely the investigation, investigation, prosecution and implementation of court decisions or executions, is owned by the prosecutor's office.

scholarly journals Tinjauan Yuridis Permufakatan Jahat Penyalahgunaan Narkotika Berdasarkan Undang-Undang No : 35 Tahun 2009 Tentang Narkotika (Studi Putusan Nomor : 423/Pid/2018/PN. Mdn)

2019 ◽  
Vol 1 (1) ◽  
pp. 10-18
Author(s):  
Agus Pranata Sinaga ◽  
Anggreini Atmei Lubis ◽  
Riswan Munthe
Keyword(s):  
Law Enforcement ◽  
Research Application ◽  
Legal Evidence ◽  
Group I ◽  
Law Enforcement Officials ◽  
Witness Statements ◽  
The Republic ◽  
Plant Form ◽  
The Government ◽  
Case Number

The narcotics problem has now penetrated all elements of the nation ranging from children to adults, from the lower classes to officials, even politicians and law enforcement are not sterile from narcotics abuse, so that eradication efforts are not enough to only be handled by the government and law enforcement officials instead, it needs to involve the whole community to play a role and actively participate in its prevention and eradication. This type of research is empirical juridical law research. Application of Material Criminal Law by the Judge against the Narcotics Misuse Act of Group I in non-plant form Decision number 423 / pid.sus / 2018 / PN. Mdn is right. In article 114 Paragraph (2) Jo Article 123 of the Republic of Indonesia Law NO: 35 of 2009 concerning Narcotics indicted in the Primair Indictment. The legal consideration by the Judge regarding the criminal acts of Misuse of Narcotics of Group I in the form of non-plants in imposing convictions is appropriate because the Judge in case Number 423 / pid.sus / 2018 / PN. Mdn handed down convictions based on witness statements, defendant statements, and documentary evidence according to Article 184 of the Criminal Procedure Code as legal evidence.

scholarly journals HILANGNYA KEADILAN DALAM PENEGAKAN HUKUM MENURUT TEORI DISKRIMINASI

2021 ◽  
Vol 8 (2) ◽  
pp. 141
Author(s):  
Nurindria Naharista Vidyapramatya
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Law Enforcement Officers ◽  
Legal Certainty ◽  
Conceptual Approach ◽  
Legal Doctrine ◽  
Legal Principles ◽  
Donald Black ◽  
Law Enforcement Officials ◽  
The Law

<p><strong><em>Abstract</em></strong></p><p><em>The Indonesian nation is currently experiencing a crisis of justice in law enforcement. This </em> <em>happens because it is only concerned with the aspects of legal certainty and formal-legality rather than justice. The law cannot be enforced if there are no credible, competent and independent law enforcement officers. Legal discrimination is a way for law enforcement officials to differentiate in the imposition of sanctions against someone who is influenced by that person’s ability both in the economic and power fields. This study discusses how discriminatory law enforcement is when viewed from Donald Black’s theory. The author will compare two cases with the same type of crime but different decisions. Then studied through Donald Black’s theory of legal discrimination. The purpose of this study was to determine the existence of discrimination in law enforcement from two similar cases but with different decisions which were reviewed through Donald Black’s theory of legal discrimination. The research method used by the author in this study is a normative juridical research method. The preparation of this research is analytical descriptive with a conceptual approach. The conceptual approach needs to examine legal principles that can be found from the perspective of scholars or legal doctrine. The results of this research are indeed proven that there is legal discrimination that occurs, this can be seen from the study of Donald Black’s theory. The suggestion for law enforcers is to be fair in any case, do not favoritism and discriminate, because all citizens are the same, equally need justice.</em></p><p><strong> </strong></p><p><strong>Abstrak</strong></p><p>Bangsa Indonesia saat ini sedang mengalami krisis keadilan dalam penegakan hukum. Hal ini  terjadi karena semata-mata hanya mementingkan aspek kepastian hukum dan legalitas-formal daripada keadilan. Hukum tidak dapat ditegakkan apabila tidak ada aparat penegak hukum yang berkredibilitas, berkompeten dan independen. Diskriminasi hukum merupakan cara aparat penegak hukum yang membedakan dalam pemberian sanksi terhadap seseorang yang dipengaruhi oleh kemampuan orang tersebut baik dalam bidang ekonomi maupun kekuasaan. Penelitian ini membahas tentang bagaimana diskriminasi penegakan hukum jika ditinjau dari teori milik Donald Black. Penulis akan membandingkan dua kasus dengan jenis tindak pidana yang sama namun putusan yang berbeda. Lalu dikaji melalui teori diskriminasi hukum milik Donald Black. Tujuan dari penelitian ini adalah untuk mengetahui adanya diskriminsi dalam penegakan hukum dari dua kasus yang serupa tetapi memiliki putusan yang berbeda yang ditinjau melalui teori diskriminasi hukum milik Donald Black. Metode penelitian yang digunakan penulis dalam penelitian ini adalah metode penelitian yuridis normatif. Penyusunan penelitian ini bersifat diskriptif analitis dengan pendekatan konseptual. Pendekatan konseptual perlu mengkaji prinsip-prinsip hukum yang dapat ditemukan dari pandangan sarjana ataupun doktrin hukum. Hasil dari penelitian ini memang terbukti adanya diskriminsinasi hukum yang terjadi, hal ini dapat dilihat dari kajian teori Donald Black. Saran bagi para penegak hukum adalah bersikap adil terhadap kasus apapun jangan pilih kasih dan membeda-bedakan, karena semua warga negara adalah sama, sama sama butuh keadilan.</p>

scholarly journals Pelaksanaan Pembina Keamanan dan Ketertiban Masyarakat di Kepolisian Sektor Tapung

2020 ◽  
Vol 20 (1) ◽  
pp. 65-86
Author(s):  
Masri
Keyword(s):  
Law Enforcement ◽  
Community Policing ◽  
Research Method ◽  
Cultural Factors ◽  
Legal Research ◽  
Applicable Law ◽  
Law Enforcement Officials ◽  
The Republic ◽  
National Police

The problem examined in this research is how is the implementation of Regulation of the Head of the National Police of the Republic of Indonesia Number 3 of 2015 concerning Community Policing on the main duties and functions and authority of Bhayangkara Community Security and Order in the Tapung Sector Police. This research method is carried out directly in the field according to the type of sociological legal research. The results showed that the implementation of regulations on Community Policing against the Tupoksi and the authority of Bhabinkamtibmas in the Tapung Sector Police has not achieved maximum results. Factors that hinder the implementation of regulations concerning Community Policing of the Tupoksi and the authority of Bhabinkamtibmas in the Tapung Sector Police are: applicable law, law enforcement officials, supporting facilities or facilities, community and cultural factors. Efforts taken are in the form of preventive and repressive measures.

scholarly journals Kebijakan Non Penal terhadap Pelaku Tindak Pidana Perjudian Jenis Sabung Ayam dalam Wilayah Hukum Kepolisian Sektor Kota Baru

2021 ◽  
Vol 21 (3) ◽  
pp. 927
Author(s):  
Hisbah Hisbah
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Social Situation ◽  
Criminal Code ◽  
Community Members ◽  
The Future ◽  
Law Enforcement Officials ◽  
New City ◽  
The Government ◽  
Taking Action

Gambling is a social disease that threatens real or potential social norms so that it can threaten public order. The purpose of this study is to determine the criminal law policy in tackling the criminal act of cockfighting in the Kota Baru Sector Police Law Area at this time and in the future, to find out the applicable policies carried out by law enforcers to tackle the criminal act of cockfighting gambling in the Legal Territory. New City Sector Police. In this study the author uses empirical juridical research methods. The criminal law policy against cockfighting gambling in the Criminal Code of gambling has been regulated in Article 303 bis and the penal code is four years in prison. Which is gambling is a game that puts valuable objects or money for betting. This incident makes gambling a criminal offense because any play that is played using money for betting is called gambling. Meanwhile, for the future, namely reforming the Draft Criminal Code is a must because the government must respond to these developments by planning a regulation that can include and reduce crimes in the field of decency, especially the crime of gambling in the type of cockfighting. So, this kind of thing requires a partnership between law enforcers and community members in overcoming the criminal act of gambling in order to create a social situation that is safe and clean from gambling that is troubling the public. The policy of law enforcement carried out by law enforcement officials in an effort to combat the crime of cockfighting gambling in the New City Sector Police jurisdiction is carried out by pre-emptive efforts, namely by focusing on efforts with an appeal to perpetrators of cockfighting gambling so that they have awareness and not. carry out gambling again because it is likely to disturb the security and order of the surrounding community. Then with preventive measures for prevention as a basis for eradicating gambling crimes in the New City Sector Police Legal Territory. Furthermore, through repressive measures, which are actions taken directly to eradicate crime by taking action so that the perpetrator is deterred and does not repeat the crime again.

scholarly journals Indonesian National Army Involvement in Handling Terrorism Action from Legal Perspective

2021 ◽  
Vol 2 (1) ◽  
pp. 39-56
Author(s):  
Wilma Silalahi
Keyword(s):  
Law Enforcement ◽  
Legal Certainty ◽  
Military Operations ◽  
Territorial Integrity ◽  
Unitary State ◽  
Sense Of Security ◽  
Legal Perspective ◽  
Unique Nature ◽  
The Republic ◽  
National Police

The crime of terrorism is an extraordinary crime against humanity, including a “serious crime” whose number of actions has increased. It requires handling with exceptional measures and "serious measures" with still respecting human values. Thus, what becomes an interesting problem in this research is how to involve the Indonesian National Army in handling acts of terrorism from a legal perspective. This research uses a normative doctrinal method. The Indonesian National Army's involvement in managing acts of terrorism and supported by the prevailing laws and regulations provides a greater sense of security and legal certainty for the community. Also, this research intends to examine that the involvement of the Indonesian National Army in handling acts of terrorism is by applicable regulations. The handling of criminal acts of terrorism requires a juridical basis to create a sense of security and justice. Thus, the Indonesian National Army must maintain the Unitary State of the Republic of Indonesia's territorial integrity and uphold state sovereignty. Therefore, the involvement of the Indonesian National Army in the context of handling acts of terrorism is an aid to the PolicePolice in defending the independence of the state, maintaining the territorial integrity of the Unitary State of the Republic of Indonesia, and protecting the entire nation and all spilled Indonesian blood based on Pancasila and the 1945 Constitution. The involvement of the Indonesian National Army in eradicating acts of terrorism is part of the support for the National Police, in the context of carrying out law enforcement operations that are not Military Operations Apart from War, unless they develop into acts of terrorism that threaten the existence of the Unitary State of the Republic of Indonesia or extraordinary circumstances occurs. This is in line with the Indonesian National Army's unique nature (lex specialis) in carrying out its duties.

ANALISIS ABORSI DALAM PERATURAN PEMERINTAH NO. 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI

2018 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Ferry Fadzlul Rahman
Keyword(s):  
Law Enforcement ◽  
Reproductive Health ◽  
Government Regulation ◽  
Medical Emergency ◽  
Rape Victims ◽  
Negative Effects ◽  
Law Enforcement Agencies ◽  
Community Factors ◽  
Law Enforcement Officials ◽  
The Government

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form. Keywords: Abortion, , Reproductive Health

ANALISIS DEKRIMINALISASI ABORSI DALAM PERATURAN PEMERINTAH NO. 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI

2016 ◽  
Vol 2 (2) ◽  
pp. 80
Author(s):  
Ferry Fadzul Rahman
Keyword(s):  
Law Enforcement ◽  
Reproductive Health ◽  
Government Regulation ◽  
Medical Emergency ◽  
Rape Victims ◽  
Negative Effects ◽  
Law Enforcement Agencies ◽  
Community Factors ◽  
Law Enforcement Officials ◽  
The Government

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form.

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