scholarly journals Institusi Inklusif Primum Non Nocere Kesejahteraan Sosial

PERSPEKTIF ◽  
2020 ◽  
Vol 9 (2) ◽  
pp. 119-129
Author(s):  
Dadang Hartanto

The institutional model that works in a country in economic and political aspects influences social welfare. In the inclusive institutional model the principle that must be held is primum non necere or fisrt do no harm for social welfare. Proponents of the state must not suffer the lives of their people. In this paper it is reinforced that politics and economics are two sides of a coin that encourage and influence social welfare. Inclusive institutions always deal with extractive institutions. Daron Acemogle and James A. Robinso (2012) in their book Why Nations Fails reveal that economic growth and prosperity are associated with inclusive economic and political institutions, while extractive institutions typically lead to stagnation and poverty. Indonesia has the opportunity to have extractive institutions and therefore must be prevented by implementing democracy seriously and independent law enforcement based on due process of law. Inclusive institutions must be realized so that Indonesia can become a healthy and strong country. One of the health and strength of a country is determined by its economic strength which contributes to development and fiscal strengthening. Fiscal is built one of them by increasing tax revenue because of the contribution of taxation to the fiscal average of 77.6%

2018 ◽  
Vol 1 (2) ◽  
pp. 191
Author(s):  
Webby Aditya

Article 23 paragraph (1) of Aceh Islamic Criminal Law No 6 of 2014 tells about Indecency (Jinayat) law which regulates the criminal punishment for the perpetrator of jarimah khalwat. This article is expected can minimize the crime rate of the indecent (jinayah) behavior perpetrator. However, in fact the number of jarimah khalwat perpetrator increase steadily as what happened in Sabang Municipality law area. It proves that there were two legal issues, what is the causes of the ineffectiveness of the indecency (jinayat) law in minimizing the number of jinayat perpetrator in Sabang Municipality? This research was aimed to know the obstacle of the increasing jinayat khalwat issue which make jinayat law become ineffective in minimizing jinayat khalwat perpetrators in Sabang Municipality, and to know the efforts conducted by the Civil Service Police Unit, Sharia Policy, and Office of the District Prosecutor General of Sabang Municipality and to know the factor which causes the number of jinayah khalwat perpetrator in Sabang Municipality. The research method used in this research was empirical juridical empirical using case approach, historical approach, comparative approach, conceptual approach, and statute approach). The research result shown that there were 3 effectiveness obstacle factors  of jinayat law in Sabang Municipality, the first obstacle of jinayat law is the bad regulation because the punishment is an alternative not a cumulative  and for those who deal with the jinayat law is potentially punished with canning punishment in public, the application of jinayat law normatively is in contrary with the basis of personality and territoriality which causes this law contrary with the fair legal system (due process of law). The second factor which becomes the obstacle related to quality and quantity of the human resource of the law enforcement, law understanding and the number of personnel investigator of the Civil Service Police Unit and Sharia Police of Sabang Municipality was limited. The third factor, there is no special jinayah prison cell in the Civil Service Police Unit and Sharia Police of Sabang Municiplaity


Author(s):  
A. I. Usov ◽  
S. A. Kuz’min

The paper outlines the role of such innovations as standardization and quality assurance in forensic operations conducted on the territory of the Commonwealth of Independent States (CIS). Rationales are provided for pathways towards standardization of forensic practice as a means of improving the efficiency of forensic contribution to the due process of law by resolving issues that require special knowledge. The authors examine different approaches to the understanding of quality in forensic practice and offer a definition that reflects the hierarchically structured system of law enforcement and courts' forensic needs.


Yuridika ◽  
2019 ◽  
Vol 35 (1) ◽  
pp. 75
Author(s):  
Nur Basuki Minarno

The objective of Pre-Trial is basically to provide justice rights protection from abuse of power and the arbitrary actions of law enforcement officers. Pre-Trial is as the guard for the realization of due process of law. Hence, its authority is not limited to Article 77 of the Criminal Law Procedural Code and the decision of Constitutional Court No.21/PUU-XII/2014. The dismissal of Pre-Trial appeal as provided for in article 82 paragraph (1) sub-paragraph d of the Criminal Law Procedural Code and the decision of the Constitutional Court No.102/PUU-XII/2015 do not have a sufficient rational basis. Pre-Trial and principal case examination should not terminate each other. Conversely, the result of Pre-Trial will be used as a reference to analyze whether evidence used in the principal case examination is conducted properly or not. Thus, when a Pre-Trial examination is underway, the chief of a judge of the district court must adjourn the principal review of his case.


2021 ◽  
Vol 3 (2) ◽  
pp. 72-83
Author(s):  
Yoslan K. Koni ◽  
Marten Bunga ◽  
Dince Aisa Kodai ◽  
Nurwita Ismail ◽  
Mega S Tangahu

Purpose To know and analyze the application of the due process of law system in law enforcement against child crime, to find out and analyze what are the factors that influence law enforcement on the implementation of the due process of law system. By using this type of research is Normative research. Normactive research is meant as legal research which studies normative law. The normative approach method is used to examine the aspects of the law according to laws and regulations relating to the implementation of the Due Process Of Law system in Criminal law, especially against child crimes. The results of the research show that law was born to humanize humans, so law enforcement or law enforcement must provide benefits or benefits to society. The quality of development and law enforcement is demanded by society at this time not only for formal quality, but also for material / substantial quality. Substantively. the implementation of child protection must be in accordance with relevant professional ethics, to prevent deviant behavior in the exercise of authority, power and strength in the implementation of child protection. The concept of due process is like prioritizing the rule of law, law enforcement officers must recognize, respect, protect and guarantee the rights of suspects. Law and justice is an integrity between normative idealism and human action. If the three of them are no longer combined and become judicial cohesion, then what will generally occur is a lameness whose mode and packaging is destructive and dysmunctional, which then makes it easy for someone and the public to draw conclusions or create estimates, there has been a play and a dramatization project that is still under the guise of carrying out their duties. , what is meant in it is to impose a legal decision.


1990 ◽  
Vol 84 (3) ◽  
pp. 712-716 ◽  
Author(s):  
Andreas F. Lowenfeld

In my full-length article U.S. Law Enforcement Abroad, I argued that government-sponsored abduction from foreign countries was not only distasteful, but contrary to international law and U.S. constitutional law. Though I acknowledged that the reported decisions here and abroad did not, on the whole, support my argument, I suggested that these decisions were out of step with contemporary international law and current American views of due process of law. I expressed skepticism about many of the defenses of the practice that had been raised by American officials and had too often, in my judgment, been accepted by American courts. In particular, I urged that no great faith be placed in assertions by the U.S. Government that abduction of persons who ended up in American custody were carried out solely by the police of the foreign country, that the United States had no knowledge of or participation in torture, or that the foreign country really consented to the operation, though it could not say so publicly.


2019 ◽  
Vol 3 (2) ◽  
pp. 183-193
Author(s):  
Dinar Ambarita

The National economic growth in the last few years tends to experience a slowdown that affects the decline in tax revenue, therefore the Policy of Elimination of Taxes That Should Be Payable published with purpose Accelerate economic growth and restructuring through the transfer of property, encouraging tax reform, expanding the tax database more valid and increasing tax revenue. The research was conducted by a qualitative method. From this study found that in its application the policy still has not succeeded in accordance with its purpose. For that, it needs solid socialization, rigorous database processing for the supervision and law enforcement for justice. Abstrak Kebijakan penghapusan pajak yang seharusnya terutang diterbitkan dengan tujuan mempercepat pertumbuhan ekonomi dan restrukturisasi melalui pengalihan harta, mendorong reformasi perpajakan, memperluas basis data perpajakan yang lebih valid dan meningkatkan penerimaan pajak. Penelitian dilakukan dengan metode kualitatif. Dari penelitian ini ditemukan bahwa dalam penerapannya kebijakan tersebut masih belum berhasil sesuai dengan tujuannya. Untuk itu perlu sosialisasi yang mantap, pengolahan basis data yang ketat guna untuk pengawasan dan melakukan penegakan hukum demi keadilan. Kata Kunci : Pengampunan Pajak, Sosialisasi Kebijakan Perpajakan, Penerapan dan Pengawasan, Penegakan Hukum dan Keadilan       


2004 ◽  
pp. 66-76
Author(s):  
E. Hershberg

The influence of globalization on international competitiveness is considered in the article. Two strategies of economic growth are pointed out: the low road, that is producing more at lower cost and lower wages, with increasingly intensive exploitation of labor and environment, and the high road, that is upgrading capabilities in order to produce better basing on knowledge. Restrictions for developing countries trying to reach global competitiveness are formulated. Special attention is paid to the concept of upgrading and opportunities of joining transnational value chains. The importance of learning and forming social and political institutions for successful upgrading of the economy is stressed.


2018 ◽  
pp. 5-29 ◽  
Author(s):  
L. M. Grigoryev ◽  
V. A. Pavlyushina

The phenomenon of economic growth is studied by economists and statisticians in various aspects for a long time. Economic theory is devoted to assessing factors of growth in the tradition of R. Solow, R. Barrow, W. Easterly and others. During the last quarter of the century, however, the institutionalists, namely D. North, D. Wallis, B. Weingast as well as D. Acemoglu and J. Robinson, have shown the complexity of the problem of development on the part of socioeconomic and political institutions. As a result, solving the problem of how economic growth affects inequality between countries has proved extremely difficult. The modern world is very diverse in terms of development level, and the article offers a new approach to the formation of the idea of stylized facts using cluster analysis. The existing statistics allows to estimate on a unified basis the level of GDP production by 174 countries of the world for 1992—2016. The article presents a structured picture of the world: the distribution of countries in seven clusters, different in levels of development. During the period under review, there was a strong per capita GDP growth in PPP in the middle of the distribution, poverty in various countries declined markedly. At the same time, in 1992—2016, the difference increased not only between rich and poor groups of countries, but also between clusters.


2014 ◽  
Author(s):  
Yoo-Duk Kang ◽  
Cheol-Won Lee ◽  
Tae Hyun Oh ◽  
Hyun Jean Lee ◽  
Junyup Kim

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