scholarly journals Legal Protection of Witnesses and Reporters in Revealing Narcotics Case by Pekanbaru City Police Resort

2021 ◽  
Vol 3 (1) ◽  
pp. 21-25
Author(s):  
Khairani Miftahul Jannah

Human life is inseparable from the problems to overcome this we need a rule that can prevent and impose sanctions on people who do things that are not in accordance with applicable norms or ethics. The law governing the protection of witnesses and victims as stated in the state sheet which is the Republic of Indonesia Law No. 31 of 2014 concerning Protection of Witnesses and Victims. During this time many criminal cases have never been touched by the legal process. The purpose of this thesis is finding out the legal protection of witnesses and reporters in revealing narcotics criminal acts by the Pekanbaru City Police and know the effort to overcome the legal protection barriers to witnesses and reporters in revealing criminal acts by the Pekanbaru City Police. This type of research can be classified with research classified into sociological juridical research where the research examines the effectiveness of the law that is in force. From the research result, it is found that, first in protecting the rights of witnesses and victims, the government established an institution called the Witness and Victim Protection Agency (LPSK). Protection of witnesses and/or victims is declared to remain valid as long as it does not conflict with Article 44 of Law Number 13 year 2006 concerning protection of witnesses and victims. Second, the obstacles that occur are physical and psychological threats as well as criminalization efforts againts witnesses and victims or their families that make them afraid to give testimony before the court.

2021 ◽  
Vol 5 (2) ◽  
pp. 123-136
Author(s):  
Vena Lidya Khairunnisa ◽  
Mochammad Ilham Nurrobby

The purpose of this study was to find out the legal problems experienced by female journalists over gender inequality during the Covid-19 pandemic and to find out the legal protections to overcome these problems. The type of research used is a normative legal research type with an invitation approach and a historical approach. The findings in this paper are, during the Covid-19 pandemic, gender inequality towards female journalists has increased. It is still very rare for people to raise issues related to gender inequality experienced by female journalists. Examples of problems with a gender perspective in the media are the lack of involvement for women in journalism activities, marginalization and subordination positions for women in various fields, legitimacy regarding gender bias, dominating economic and political interests, regulations on media that are not sensitive to gender and between conventional journalism and gender. equality. The government in Indonesia officially adheres to the principle of equality as regulated in Article 27 of the 1945 Constitution of the Republic of Indonesia which states that all Indonesian citizens are equal before the law. Therefore, journalists must be able to enjoy gender and legal protection for the gender inequality they experience. It is necessary to reconstruct the law, considering that women have the same position as men in terms of their position, rights and obligations so that they have equal opportunities in various fields.


Author(s):  
Ria Sintha Devi

The existence of Foreign Investment in Indonesia is very important and strategic in supporting the implementation of national economic development and increasing economic growth in the community. Foreign investment which is regulated in law No. 25 of 2007 about the legal protection for foreign investment in Indonesia, both investment in the form of a Limited Company (PT) or investment. This shows that foreigners in Indonesia who carry out their capital investment activities are regulated by law and protected by the government under the law. The formulation of the problem were how the position of the establishment of foreign investment companies in Indonesia was, what the procedures for the implementation of foreign investment in Indonesia were, and what efforts have been made by the government if there were violations of law in foreign investment in Indonesia. The results of the study showed every foreign company that wanted to invest in Indonesia had to get the principle permission to the Investment Coordinating Board (BKPM) and the One Stop Integrated Investment and Services Office (PTSP), so that the company could be established in Indonesia and its establishment was in accordance with the procedures of the law on foreign investment so that the foreign investment company was fully under the responsibility and supervision of the Republic of Indonesia. The government also gave relief to foreign investment in Indonesia in freeing the entry tax fees for goods or electronic equipment for foreign investment (PMA) in Indonesia in investing their capital.


FIAT JUSTISIA ◽  
2018 ◽  
Vol 11 (4) ◽  
pp. 371
Author(s):  
Dedhi Bima Samudra ◽  
Noor Fatimah Mediawati ◽  
M Tanzil Multazam ◽  
Emy Rosna Wati

This research begins with the number of liquid vapor which spread in Indonesia that is not licensed by BPOM, and there is no clear law for liquid vapor, so there is no clarity from legal protection against liquid vapor consumers who are not licensed by BPOM. Therefore, in this research, the formulation of the problem is as follows: Is there legal protection against liquid vapor consumers who are not licensed by BPOM? The purpose of this research is to determine whether there is legal protection against liquid vapor consumers who are not licensed by BPOM. So this research can be useful for subsequent research that has the same theme and beneficial to researchers, liquid vapor consumers and also for the government. The research method used is the normative method. Normative research methods use the statute approach. The result of the research shows that there is a legal protection for liquid vapor consumer who is not licensed by BPOM, which is reviewed from the Law of the Republic of Indonesia Number 36 Year on concerning the health of Article 113 paragraph (1) and Article 114, Law of the Republic of Indonesia Number 8 Year 1999 on Consumer protection Article 8 paragraph (1) c and paragraph (1) i, Regulation of the Head of the Food and Drug Supervisory Agency of the Republic of Indonesia Number 4 Year 2017 on the Supervision of the Importation of Drugs into the Territory of Indonesia Article 4 paragraph (1). Keywords: Legal Protection, Consumer, Liquid-Vapor


2020 ◽  
Vol 3 (1) ◽  
pp. 35-45
Author(s):  
Lukman Hakim ◽  
Paidjo Paidjo ◽  
Tegar Mukmin Alamsyah Putra

Indonesia is a country of law that upholds justice and guaranteeing all citizens equal before the law in its position without any exceptions. In the opening text of the Constitution of the Republic of Indonesia in 1945 and the first paragraph of the fifth principle of Pancasila prove that Indonesia is a country that upholds the sense of social justice for all Indonesian people, independent country, united, sovereign, just and prosperous. Indonesia received the law as the state ideology to create order, security, justice and prosperity for its citizens. One of the state apparatus that perform the function of the law is the police, one of the actions of the national police is investigating. The process of investigation is the examination process in criminal cases in order to obtain enough information to find and collect evidence on the matter and to find the suspects. Nowadays many cases of wrongful arrests in the investigation process at the police level causing adverse effects on the morale and psychological. How the legal protection for victims of wrongful arrests made by the police of the Republic of Indonesia. The method used in this study is adalahYuridis Normative that is based on the Principles of Law, the rules of law and Regulation Legislation relating to criminal law. In the legal protection as stipulated in the Regulation Legislation that the suspect, defendant or convict is entitled to sue for damages because of being arrested, detained, charged and prosecuted or subjected to other measures, without reason under the Act or in error about the person or the applicable law , Paragraph (2) compensation claim by the suspect or his heirs for the arrest or detention and other measures without reason under the Act or in error about the person or the applicable law as referred to in paragraph (1) that its case was not submitted to the district court, disconnected at a pretrial hearing.Negara Indonesia adalah negara hukum yang menjunjung tinggi rasa keadilan dan menjamin semua warga negara, sama dalam kedudukannya dimata hukum tanpa ada perkecualian. Dalam teks pembukaan Undang Undang Dasar Negara Republik Indonesia 1945 alinea pertama dan Pancasila sila kelima membuktikan bahwa Indonesia adalah negara yang menjunjung tinggi rasa keadilan sosial bagi seluruh rakyat Indonesia, negara yang merdeka, bersatu, berdaulat, adil dan makmur. Indonesia menerima hukum sebagai ideologi negara untuk menciptakan ketertiban, keamanan, keadilan serta kesejahteraan bagi warga negaranya. Salah satu aparatur negara yang menjalankan fungsi hukum adalah Polri, Salah satu tindakan polri adalah penyidikan. Proses penyidikan adalah proses pemeriksaan dalam perkara pidana guna mendapatkan informasi yang cukup, menemukan dan mengumpulkan bukti-bukti mengenai perkara tersebut dan guna menemukan tersangkanya. Sekarang ini banyak kasus salah tangkap dalam proses penyidikan pada tingkat kepolisian menyebabkan kerugian yang berdampak pada moril dan psikis. Bagaimana perlindungan hukum terhadap korban salah tangkap yang dilakukan oleh kepolisian Negara Republik Indonesia. Metode yang digunakan dalam penelitian ini ini adalahYuridis Normatif yaitu berdasarkan Asas-Asas Hukum, kaidah-kaidah hukum dan Peraturan Perundang-Undangan yang berkaitan dengan hukum pidana. Dalam perlindungan hukum sebagaimana diatur di dalam Peraturan Perundang-Undangan bahwa tersangka, terdakwa atau terpidana berhak menuntut ganti kerugian karena ditangkap, ditahan, dituntut dan diadili atau dikenakan tindakan lain, tanpa alasan yang berdasarkan Undang-Undang atau karena kekeliruan mengenai orangnya atau hukum yang diterapkan. Ayat (2) tuntutan ganti kerugian oleh tersangka atau ahli warisnya atas penangkapan atau penahanan serta tindakan lain tanpa alasan yang berdasarkan Undang-Undang atau karena kekeliruan mengenai orang atau hukum yang diterapkan sebagaimana dimaksud dalam ayat (1) yang perkaranya tidak diajukan ke pengadilan negeri,diputus di sidang praperadilan.


2021 ◽  
Vol 3 (2) ◽  
pp. 75-82
Author(s):  
Muhammad Mahendra Abdi

Regulation of the Minister of Health of the Republic of Indonesia Number 10 of 2021 concerning the Implementation of Vaccination in the Context of Combating the Corona Virus Disease 2019 (COVID-19) Pandemic, this Minister of Health Regulation is a government step in carrying out the legality of administering the COVID-19 vaccine because the spread of the COVID-19 virus is very fast. Occurs in humans, thus creating great concern for human life because it can lead to death. Therefore, the government took a response action by providing vaccinations for the people of Indonesia, the purpose of this vaccination is to overcome the high spread of COVID-19, the provision of the covid-19 vaccine given to the Indonesian people must also fulfill the proper rights for the recipients of the COVID-19 vaccine, so that when there is an impact on the administration of the Covid-19 vaccine, the government can handle it quickly. The problems in this paper are how is legal protection for people who receive the COVID-19 vaccine, the extent to which the government provides legal protection rights to people who receive the COVID-19 vaccine.


Author(s):  
Andre Dwijaya Saputra ◽  
Elwi Danilm ◽  
Yoserwan Yoserwan

The objectives of this study are to: 1) find out and analyze the role of investigator of the Women and Child Protection Unit in applying diversion to children in conflict with the law, 2) determine and analyze the implementation of diversion carried out by the Women and Child Protection Unit against children in conflict with law, 3) identify and analyze the obstacles of investigators of the Women and Child Protection Unit in applying diversion to children in conflict with the law. This research employs the sociological juridical method, a research in the discipline of law that is based on the reality that occurs in society where the type of study in this study is specifically descriptive. The results of this study found that: 1) the implementation of diversion in Padang City Police had been going well where there were 14 (fourteen) cases that were successfully resolved through diversion channels throughout 2015-2017, 2) the implementation of diversion in Padang City Police was guided by the Law on the Criminal Justice System for Children (UU SPPA), Secret Telegram of the Head of the Criminal Investigation Agency of the Republic of Indonesia Police TR/1124/XI/2006 and TR/395/DIT,VI/2008, and Government Regulation No. 65 of 2015, 3) in applying the diversion, Padang City Police investigators faced several obstacles such as: the victim felt that his/her rights were not protected because the suspect was given privileges in the legal process and the victim or his/her family considered the law to be biased and favored the suspect. It is the reason for the failure of deliberation regarding diversion. To anticipate this failure, there are a number of suggestions in which human resources in the Children’s Criminal Justice Unit (PPA) of Padang City Police should be given training in collaboration with the Ministry of Social Affairs in the framework of developing human resource competencies. It is better if the internal police regulations relating to the implementation of diversion are revised and adjusted to the applicable laws and regulations.


Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 337
Author(s):  
Mohammad Irfan Rifai ◽  
Anis Mashdurohatun

The land has an important role in human life because it is completely cannot be separated from land. The issue of the disputes of land boundary may cause a difference of opinion; the value of the interest regarding the layout, borders and vast areas of land that is recognized is the most issue that appears frequently in the Office of land Bordering Counties. The method of the approach that is used in this study is the juridical sociological approach. This approach was conducted to understand the law in the context of the society is a non-doctrinal approach. Through this approach, the object of the law will be meant as part of the social subsystem between the subsystems of the social subsystem-other dispute resolution borders against the border returns object, in the form of legal protection, for misusing of the follow- the Government is due to gross negligence at the time of measurement wide plots of land for the creation of a letter, then the measurement of legal protection used is the preventive protection of the law, the role of the national land Agency Chief Rules Based BPN No. 3 Of 2011 is about the management and treatment of Cases of land. The agreement or the consent of the parties concerned is essential in the framework of the implementation of dispute settlement returns the border of land ownership.Keywords: Returns the Border; National Land Agency; Dispute Resolution.


2017 ◽  
Vol 1 (1) ◽  
pp. 38
Author(s):  
Muhammad Nadzir

Water plays a very important role in supporting human life and other living beings as goods that meet public needs. Water is one of the declared goods controlled by the state as mentioned in the constitution of the republic of Indonesia. The state control over water indicated that water management can bring justice and prosperity for all Indonesian people. However, in fact, water currently becomes a product commercialized by individuals and corporations. It raised a question on how the government responsibility to protect the people's right to clean water. This study found that in normative context, the government had been responsible in protecting the people’s right over the clean water. However, in practical context, it found that the government had not fully protected people's right over clean water. The government still interpreted the state control over water in the form of creating policies, establishing a set of regulations, conducting management, and also supervision.


Author(s):  
Anushka Singh

Liberal democracies claim to give constitutional and legal protection of varying degrees to the right to free speech of which political speech and the right to dissent are extensions. Within the right to freedom of expression, however, some category of speeches do not enjoy protection as they are believed to be ‘injurious’ to society. One such unprotected form of political speech is sedition which is criminalized for the repercussions it may have on the authority of the government and the state. The cases registered in India in recent months under the law against sedition show that the law in its wide and diverse deployment was used against agitators in a community-based pro-reservation movement, a group of university students for their alleged ‘anti-national’ statements, anti-liquor activists, to name a few. Set against its contemporary use, this book has used sedition as a lens to probe the fate of political speech in liberal democracies. The work is done in a comparative framework keeping the Indian experience as its focus, bringing in inferences from England, USA, and Australia to intervene and contribute to the debates on the concept of sedition within liberal democracies at large. On the basis of an analytical enquiry into the judicial discourse around sedition, the text of the sedition laws, their political uses, their quotidian existence, and their entanglement with the counter-terror legislations, the book theorizes upon the life of the law within liberal democracies.


2019 ◽  
Vol 8 (3) ◽  
pp. 371
Author(s):  
Bobby Briando ◽  
Sri Kuncoro Bawono ◽  
Tony Mirwanto

Eradication of corruption in Indonesia is still the main agenda of the government in building good governance. One method to expose corruption is to use a whistleblower role that can help find the criminal mode of corruption. Whistleblower mechanism is divided into three main dimensions: Human, Structure and Process. But in practice whistleblower reporters in corruption cases in Indonesia have not received maximum legal protection. In Indonesia the normative regulation governing pursuant to Law No.13 of 2006 concerning Witness and Victim Protection as well as Supreme Court Circular Letter (SEMA) No.4 Year 2011 on Treatment of Criminal Reporting and Witness of Actors Cooperation The results show that from three dimensions of whistleblower system still does not yet have binding legislation. Whistleblower reporters only accept lightening relief. Specific whistleblower legislation is urgent. In legislation, at least, it should be in accordance with Whistleblower's protection.


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