scholarly journals Penyadapan oleh KPK dalam Perspektif Due Process of Law

2019 ◽  
Vol 12 (2) ◽  
pp. 122
Author(s):  
Tamara Laurencia
Keyword(s):  
Rule Of Law ◽  
Due Process ◽  
Presumption Of Innocence ◽  
The Rule Of Law ◽  
The Right To Privacy ◽  
Due Process Of Law ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Law ◽  
The Right

<em>Corruption is very detrimental. KPK was established to eradicate corruption and is given extensive duties and authority. KPK is given the authority to conduct investigation and prosecution, and in the implementation, KPK has the authority to conduct wiretapping. However, the authority given to KPK in conducting wiretapping seems to be too broad and was given without any clear boundaries in terms of the time limit for example. It should also require permission to conduct wiretapping in order to uphold the law. Wiretapping has been a violation of privacy towards citizen rights. The right can only be limited by the Law, but it cannot be removed from existence. One of the principles of criminal procedure in Indonesia is due process of law that consist of three important aspects, namely presumption of innocence, equality before the law, and the rule of law. This principle basically requires the protection of the rights of the suspects or defendants in terms of the substance of the law that regulates or the implementation, which in this case is not to be considered guilty during criminal justice process, equality before the law regarding the right to privacy that can only be limited, not removed from existence.</em>

16. Equality before the law—the right to a fair trial

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
United Nations ◽  
Rule Of Law ◽  
Fair Trial ◽  
Presumption Of Innocence ◽  
The Rule Of Law ◽  
The United Nations ◽  
The Law ◽  
The Right

This chapter discusses the right to be recognized as a person before the law; the equality of persons before the law; the prohibition on retroactive penal legislation; the position of courts under the law; the presumption of innocence; and those rights that accrue primarily to accused persons. It argues that the right to equality before the law is one of the major embodiments of the freedom from discrimination advocated by the United Nations. The right to a fair trial and the equality of arms of parties to a legal dispute are fundamental to the operation of the rule of law.

scholarly journals Investigative and the Rule of Law: A Cameroonian and Ukrainian Criminal Proceedings Law Understanding

2021 ◽  
Vol 9 (3) ◽  
pp. 517-538
Author(s):  
Nana Charles Nguindip ◽  
Leonid Volodymyrovych Mohilevskyi ◽  
Ablamskyi Serhii Yevhenovych ◽  
Tetiana Kuzubova
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
Due Process ◽  
Criminal Proceedings ◽  
Human Right ◽  
Criminal Process ◽  
The Rule Of Law ◽  
Crime Commission ◽  
The Law ◽  
The Right

There is no instance in a given society that can successfully opeate and function without respecting existing standards and principles set in place in ensuring the respect of fundamental human right and dignity. The notion and acceptable rule is that, Crime commission is an unavoidable singularity in any given and documented society functioning under the umbrella of established rules and regulations. Cameroon and Ukraine has engaged huge steps in establishing credible laws, all in the preservation and protection of fundamental human right of those presumed of crime commission. This article articulates and establishes that,the only way the rule of law can be respected during the investigative stage, will only when those responsible for investigation respects the due process of the law in the course of its investigation so that their act should not contravene the right of the suspect or accused in question. It provides that when issues of investigation are carried out by Ukraine and Cameroon police, gross violations of the criminal process are always experienced, and this greatly affects the objective of criminal law being that of protecting the right and dignity of everyone irrespective of the status quo acquired during the criminal proceedings.the results of this gross violation of the accuesed rights and status during the investigative stage will affect the rationale and objective of the criminal law system which is to ensure that all criminal process should respect human standard and dignity. The reason for this is that, during the investigative process and procedure, the law enforcement ofiicers must be able in detaching their various duties assigned with due diligent and respect of the various criminal standards of investigation. To ensure that this is done, there is that need of those enforcing the jucial process and trial should that all evidences, searches, seizures, recording done by the investigative police officials should be done in accordance of the free will of the presumed criminal.

15. Equality before the law—the right to a fair trial

2019 ◽  
pp. 274-295 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
United Nations ◽  
Rule Of Law ◽  
Fair Trial ◽  
Presumption Of Innocence ◽  
The Rule Of Law ◽  
The United Nations ◽  
The Law ◽  
The Right

This chapter discusses the right to be recognized as a person before the law; the equality of persons before the law; the prohibition on retroactive penal legislation; the position of courts under the law; the presumption of innocence; and those rights that accrue primarily to accused persons. It argues that the right to equality before the law is one of the major embodiments of the freedom from discrimination advocated by the United Nations. The right to a fair trial and the equality of arms of parties to a legal dispute are fundamental to the operation of the rule of law.

scholarly journals DIALING AND INVESTIGATION OF NOTARY BY INVESTIGATOR POLICE

2018 ◽  
Vol 5 (3) ◽  
pp. 310
Author(s):  
Nur Aisyah
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Due Process ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
Applicable Law ◽  
The Law ◽  
The Right ◽  
Rules Set ◽  
Made In

Relationship notary to do with legal issues consciously or notary in practice are often faced with the proceedings or deal with the authorities caused the parties to a deed in front of him, and that the dispute can be reported to the investigator. So often a notary summoned by investigators with regard to the deed he made. In terms of the calling and notary investigation by an investigator there own rules set out in the Act. Although the implementation of the functions and investigations and inquiries Act gives the right to call, check, catching, defense minister, searched, confiscated to suspects and items are considered connected with a criminal offense, but in exercising its rights and authority must be obedient and subject to the principle of the right of due process (upholding the rights of the accused in the process of law enforcement). Each suspect is entitled researched and investigated based in accordance with the applicable law of criminal procedure. The concept of due process associated with the foundation of upholding the rule of law in dealing with crime. No one is located and put themselves above the law and the law should be applied to anyone based on the principle of treatment in an honest way. The application of the criminal law should be in accordance with the constitutional requirements and must comply with the law. By karen it does not allow the violation of a part of the general provisions on the pretext in order to enforce another law section.

scholarly journals Criminal Justice, Due Process and the Rule of Law in Mexico

2019 ◽  
Vol 11 (2) ◽  
pp. 147
Author(s):  
Paola I. de la Rosa Rodríguez
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Rule Of Law ◽  
Due Process ◽  
Criminal Activity ◽  
The Rule Of Law ◽  
Mexican Society ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Individual

The criminal justice process should not involve obtaining the truth at any price. This article discusses how Mexico has adopted exceptional regulations which violate due process considerations and create a problematic breach of the rule of law. We argue that, at a time when Mexican society suffers the consequences of organized crime, the Constitution provides for two types of regulations: one protecting human rights, which are the foundation of the rule of law; and another which infringes on the individual rights of those suspected of having participated in organized criminal activity. We examine mechanisms such as preventive detention and preventive imprisonment and analyze their treatment under Mexican law as well as in international agreements. We explore whether or not the fight against criminality and the prosecution of criminals “by any means necessary” is more important that the protection of the human rights of those suspected of illegal activity. We conclude by suggesting that the response to criminality should not require limitations on the constitutional freedoms of citizens.

4. Due process

2021 ◽  
pp. 125-169
Author(s):  
Timothy Endicott
Keyword(s):  
Rule Of Law ◽  
General Principle ◽  
Due Process ◽  
Procedural Fairness ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Natural Justice ◽  
Administrative Agencies ◽  
The Law

This chapter explains the overlapping ideas of natural justice, procedural fairness, and due process, and discusses the importance of comity between judges and administrative agencies. The elements of process are outlined: notice and disclosure, oral hearings, waiver, reconsideration, and appeals. Proportionality is presented as a general principle of the procedural duties of public authorities, and the chapter explains the three process values: procedural requirements can improve decisions, treat people with respect, and subject the administration to the rule of law. The chapter explains the irony of process: the law must sometimes require procedures that impose disproportionate burdens on administrative authorities, in order to protect due process. The chapter concludes with an explanation of discretion in process and of the potential dangers involved in administrative processes.

‘Cultural Revolution in Hong Kong’: Emergency Powers, Administration of Justice and the Turbulent Year of 1967

2011 ◽  
Vol 46 (4) ◽  
pp. 1007-1032 ◽  
Author(s):  
RAY YEP
Keyword(s):  
Hong Kong ◽  
Rule Of Law ◽  
Due Process ◽  
Public Support ◽  
The Rule Of Law ◽  
Emergency Powers ◽  
British Rule ◽  
Political Expediency ◽  
Due Process Of Law ◽  
Difficult Times

AbstractThe rule of law has always been cherished as one of the key institutions central to the successful transformation of Hong Kong from ‘a barren rock’ into a global city. The colonial administration's respect for the principles of the rule of law, however, has been tested by sporadic political turbulence during the 150 years of British rule. Due process of law and other key principles of English laws have been compromised by political expediency when the colonizers felt threatened by challenges from various sources. The 1967 Riots was one of those difficult times. Despite the facade of public support for firmness against disturbances enjoyed by the colonial government, the exercise of some of these emergency powers, particularly the powers to detain and deport, remained highly controversial. With normalization of the Anglo-Chinese relationship in mind, the confrontation prisoners constituted a stumbling block for renewing the friendship with Beijing. The various attempts made by London at pressurizing the Hong Kong government for early release of these prisoners attest to the prevalence of political expediency over the respect for the rule of law under colonial rule.

The Paradigm of Originalism: Israeli Constitutional Law and Legal Thought

2019 ◽  
Vol 52 (3) ◽  
pp. 427-454
Author(s):  
Hassan Jabareen
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Review Essay ◽  
Constitutional Law ◽  
The Rule Of Law ◽  
Legal Thought ◽  
The Law ◽  
The Right ◽  
Normative Justification

This review essay challenges three main claims about originalism in American legal thought. While it affirms that originalism could be the Law of a legal system, it first challenges the mainstream idea that American originalism is the paradigmatic case in theory and in practice. Second, the essay confronts the normative justification that originalism ensures democracy based on the rule of law. Third, it interrogates the dichotomy between living constitutionalism and originalism regarding the use of history by arguing that originalism is a form of hegemony. The case study analysed in this article is Israeli legal thought and practice after the enactment of the 1992 Basic Laws, with the focus on the right of equality.

Violent Rejection of Law and Democratic Principles

2018 ◽  
Author(s):  
Kees Van Den Bos
Keyword(s):  
Political Violence ◽  
Rule Of Law ◽  
Religious Violence ◽  
The Rule Of Law ◽  
Red Flag ◽  
The Law ◽  
Democratic Principles ◽  
The Right

Chapter 9 discusses when radical thoughts and associated feelings shift to radical and extremist behaviors. The chapter aims to delineate the ontogenesis of radical behavior by arguing that the active rejection of democratic principles and the rule of law is an important phase in various radicalization processes. This usually takes place via processes of delegitimization. Thus, when people put their own right before the right of others in open societies, this may well serve as a red flag for those interested in trying to prevent the onset of violent and illegal extremism. When people are willing to break the law to obtain their goals, possibly by violent means, this is an important signal that something is seriously going wrong. Evil as a motive and the justification of violence are important antecedents of political violence, religious violence, and terrorism. These insights can be used for the prevention of extreme radicalization.

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