scholarly journals TINJAUAN YURIDIS TINDAK PIDANA PENGGELAPAN MOBIL YANG MENJADI JAMINAN LEASING PADA LEMBAGA PEMBIAYAAN DITINJAU DARI PASAL 372 DAN PASAL 64 Ayat 1 KUHP” (Studi Kasus Putusan No. 345/Pid.B/2014/PN.Dpk)

2016 ◽  
Vol 3 (1) ◽  
Author(s):  
Surya Oktarina
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Civil Law ◽  
Law Enforcement Agencies ◽  
Legal Entity ◽  
Injured Party ◽  
The Right ◽  
The City

The number of cases of embezzlement of cars that occurred in the city of Depok by the buyer (lender) is detrimental for the leasing. Being thought of now is by increasing criminal acts of embezzlement of leasing cars as collateral. With the loss of the insurer by the actions of car buyers who commit fraud, another problem is the difficulty of law enforcement agencies in dealing with such cases. This is because the initial reporting by the injured party is a matter of civil law that they are due to violation of the treaty agreed, but with the embezzlement of objects that are still in power and the property of another person or institution that is based on the legal entity making the case bias, due to a shift in of civil law into criminal law offenses. In principle the sale of cars based on the agreement between the creditor and the pembiayaa by deed of sale where in this deed creditors have the right to goods in control, but the goods are still wholly owned by the guarantor.Keywords: Crime, Fraud, Security Leasing

Legal Devices, Law Enforcement, Facilities and Infrastructure

2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Mia Lasmi
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Civil Law ◽  
Legal Regulation ◽  
Civil Litigation ◽  
Main Task ◽  
Law Enforcement Agencies ◽  
Procedural Law ◽  
The Law ◽  
Law And Justice

Abstract The importance of law enforcement agencies or the judiciary that can help enforce the law to resolve the problems its faces. Therefore, the main task of the court is to maintain the law, both in the form of criminal law and civil law. In the case of civil procedural law, it is a legal regulation that regulates how a person processes civil litigation in front of a court session and how the court processes in accepting, examining, adjudicating and deciding cases and how the process of implementation is in order to maintain the existence of material civil law. Generally, in the enforcement of law and justice, there are several elements, namely: elements of law enforcement, elements of justice seekers, elements of legal instruments (legal / regulatory material), and elements of infrastructure all of which become an integrated unit. The four elements have the same opportunity to be a support and obstacle in the implementation of law enforcement and justice in the field of Shari'ah economy

scholarly journals Algorithms and the Individual in Criminal Law

2021 ◽  
pp. 1-17
Author(s):  
Renée Jorgensen
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Law ◽  
Statistical Prediction ◽  
Crime Statistics ◽  
Law Enforcement Agencies ◽  
The Rule Of Law ◽  
Fair Distribution ◽  
The Individual ◽  
The Right

Abstract Law-enforcement agencies are increasingly able to leverage crime statistics to make risk predictions for particular individuals, employing a form of inference that some condemn as violating the right to be “treated as an individual.” I suggest that the right encodes agents’ entitlement to a fair distribution of the burdens and benefits of the rule of law. Rather than precluding statistical prediction, it requires that citizens be able to anticipate which variables will be used as predictors and act intentionally to avoid them. Furthermore, it condemns reliance on various indexes of distributive injustice, or unchosen properties, as evidence of law-breaking.

scholarly journals THEORETICAL AND PRACTICAL ASPECTS OF USE OF ELECTROSHOCK WEAPON

2020 ◽  
Vol 3 (8) ◽  
pp. 35-44
Author(s):  
Sergejs Talapins ◽  
Eduards Agafonovs
Keyword(s):  
Law Enforcement ◽  
Public Order ◽  
Minimal Risk ◽  
Physical Force ◽  
Law Enforcement Agencies ◽  
Working Dogs ◽  
Physical Abilities ◽  
Control Order ◽  
The Moment ◽  
The Right

Currently, the use of firearms and special devices by law enforcement agencies in civilised democracies is strictly determined in accordance with the current legislation on the use of firearms and special devices. Their illegitimate or unauthorised application causes censure and sparks public outcry. Nevertheless, sometimes situations arise in which it is difficult and problematic for a law enforcement officer to make the right decision on the use of firearms, physical force, special devices and military working dogs. At the moment, the officers of the Latvian Border Guard are often simply unable to resist the illegal actions of offenders, since the current legislation is not always capable of justifying the lawful actions of the border guard. Also, sometimes the specific character of duty performance (a large crowd of people, the proximity of the state border) makes it impossible to use firearms. At the same time, the lack of regular training on the practical use of special devices (stack, handcuffs and others) significantly reduces the chances of their successful use by the Latvian Border Guard officers. Bearing and using electroshock weapons, and specifically stun guns of the TASER type, will significantly increase the level of security of the Latvian Border Guard staff, and will also allow the use of stun guns to ensure public order without risk to others and with minimal risk to the offender. The stun guns will allow you to blur the lines between physical abilities and the degree of physical fitness of the border guard and the offender, as a result of which a fragile girl - border guard can easily neutralise a raging athlete who is trying to disrupt public order and border control order with minimal harm.  

scholarly journals The Protection of the Rights to Life and Health in Emergencies: An Examination of the Handling of Covid-19 Pandemic in Nigeria

2021 ◽  
Vol 8 (2) ◽  
pp. 259-279
Author(s):  
BONTUR LUGARD Sunday
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Law Enforcement ◽  
Video Camera ◽  
Law Enforcement Agencies ◽  
Continuous Training ◽  
Moral Duties ◽  
Entire Society ◽  
The Right ◽  
The Impact

The Coronavirus Disease (COVID-19) is inarguably the most disrupting occurrence in human affairs since the World War II. This virus left governments, communities and systems with the legal, social and moral duties to protect from its impacts. However, some of the approaches adopted towards protecting the victims, potential victims, and the entire society, especially in Nigeria, caused more harm than the disease itself. This work reviews the impact of the curtailment measures adopted by governments in Nigeria and their adverse bearing on human rights, especially the right to life as a sacrosanct and universal right. It further examines how law enforcement agencies’ operations - within the confines of the institutional and international best practices - their non-adherence to the rules of engagement or principles of ethical operations have resulted in the violation of human rights, rather than protecting them. It also analyses the impact of the virus on the right to health and access to medical facilities in times of emergencies in Nigeria and concludes that both rights were either violated or not realized within the context of the ‘war’ against the COVID-19 pandemic. This work advocates for the continuous training on human rights responsibilities of law enforcement agents, a more rigorous recruitment process with a minimum qualification from school certificate to ordinary national diploma, the use of video camera in the course of operations, among others that would help safeguard the rights of citizens in times of emergencies like the COVID-19.

scholarly journals Conceptual problems of investigation and prevention of enforced disappearance of persons in the conditions of armed aggression

2021 ◽  
Vol 39 (69) ◽  
pp. 60-73
Author(s):  
Dmytro Mirkovets ◽  
Volodymyr Atamanchuk ◽  
Sergii Marko ◽  
Irina Dubivka ◽  
Antonina Matsola
Keyword(s):  
Law Enforcement ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Offenses ◽  
General Scientific ◽  
Points Of View ◽  
Conceptual Problems ◽  
Systemic Problems ◽  
The Right ◽  
Southern Ukraine

The article highlights the results of a study of the situation with official investigations into criminal offenses related to the enforced disappearance of persons in the context of armed aggression in eastern and southern Ukraine. The example of individual criminal proceedings presents some systemic problems that arise during the investigation of the facts of disappearance and suggests possible ways to solve them. There are several «blocks» of problems that lie in the field of criminal law, criminology, and criminal procedure. The points of view of scientists and practitioners on this problem are highlighted. It is concluded that Ukraine, in today’s conditions, needs to take measures aimed at improving the legal mechanisms of observance and protection of the right of persons staying in its territory to freedom from enforced disappearance, as well as intensifying law enforcement agencies to prompt, complete and impartial investigation of such facts, their proper qualification, search for victims, identification of those responsible for their disappearance, ensuring that victims receive timely and adequate compensation. The methodological basis for writing the article was a dialectical-materialist method, as well as the set of general scientific and special methods and techniques of scientific knowledge.

scholarly journals CRIMINAL LAW AND CRIMINALISTICS PROBLEMS OF LAW ENFORCEMENT AGENCIES ACTIVITY IN ARCTIC REGION

2019 ◽  
Vol 23 (2) ◽  
pp. 244-263
Author(s):  
Lev V. Bertovsky ◽  
Lev R. Klebanov
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Arctic Region ◽  
Russian Arctic ◽  
Law Enforcement Agencies ◽  
Local Fauna ◽  
Successful Development ◽  
Arctic Conditions ◽  
Sparse Population ◽  
Special Factors

The actual problems of criminal law and criminalistics with which law enforcement agencies in Arctic have been facing are concerned in the present article. Successful development of Arctic region demands struggling against criminality affected by special climate, geographic, ethnic, social, legal and another factors. These circumstances roughly embarrass the combating with criminality in Arctic, taking into account sparse population of the region, remote location of communities from organs of state power, ingenious people alcohol abusing, negative affecting of harsh arctic conditions on mental health of inhabiting person. Being one of the richest recourse region all over the world, Arctic has becoming the stage of competition between arctic states. Upkeeping of order on Russian arctic territory is very important aim under these circumstances. In the article legal regiment of Arctic is concerned and characteristic of Arctic social and economy situation is given. The authors demonstrate structure of Arctic criminality and crimes committed on this territory are analyzed. Special attention is centered on analyzing of ecological crimes committed in Arctic taking into account wealthy of local fauna and environment. The problems of law enforcement criminalistics providing also are attentively analyzed, for example, issues of criminalistics methodic for crime investigation, usage of the new technic tools and devises of criminalistics, interconnection between investigators and detectives. Such interconnection is embarrassed by remote locations islands from mainland. The article is grounded on extensive materials from empiric, scientific and law origins related to criminality existing in the different Arctic countries (USA, Canada, Russia, Scandinavian states). This article is the first one discussing various problems of combatting criminality in Arctic region. In the process of preparing the article authors have come to conclusion that Arctic crimes there committed poses special sort of criminality - “frozen” criminality. Such sort provided by special factors must be explored in the future in order to get success while combating the criminality in Arctic.

scholarly journals KEBIJAKAN PENGGUNAAN SANKSI PIDANA DALAM PERUNDANG--UNDANGAN HUKUM ADMINISTRASI UNDANGAN HUKUM ADMINISTRASIUNDANGAN HUKUM ADMINISTRASI UNDANGAN HUKUM ADMINISTRASI

2016 ◽  
Vol 1 (1) ◽  
pp. 135
Author(s):  
Eman Sulaiman
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Administrative Law ◽  
Law Enforcement Agencies ◽  
Criminal Sanctions ◽  
Procedural Law ◽  
State Administration ◽  
The One ◽  
Level Of Understanding

<p>Abstract</p><p><span>The use of criminal sanctions as the main sanction has indicated the extent to<br /><span>which the level of understanding of the legislators to the problem of "crime and<br /><span>punishment". At least show that the limited understanding of the use of criminal<br /><span>sanctions also affect the determination of criminal sanctions in administrative<br /><span>law. "Errors" in the formulation of the implications for the difficulty and<br /><span>confusion in the law enforcement, because there is a gap of two disciplines,<br /><span>namely the criminal law on the one hand and on the other hand administrative<br /><span>law, which has its own procedural law. This confusion will lead to ambiguity in<br /><span>the resolution of cases of violation of administrative law contains criminal<br /><span>sanctions, whether enforcement will be carried out by law enforcement agencies<br /><span>within the criminal justice sisitem or whether officials of the state administration<br /><span>in the sphere of administration? Such circumstances, of course, will lead to the<br /><span>existence of legal uncertainty for the community.<br /><span>Kata Kunci: <em>sanksi pidana, hukum pidana, hukum administrasi</em></span></span></span></span></span></span></span></span></span></span></span></span></span><br /></span></p>

Identification of operational demand in law enforcement agencies

2019 ◽  
Vol 53 (3) ◽  
pp. 333-372 ◽  
Author(s):  
Marcio Pereira Basilio ◽  
Valdecy Pereira ◽  
Gabrielle Brum
Keyword(s):  
Law Enforcement ◽  
Text Mining ◽  
Knowledge Discovery ◽  
Emergency Response ◽  
Latent Dirichlet Allocation ◽  
Social Dynamics ◽  
Law Enforcement Agencies ◽  
Content Type ◽  
The Government ◽  
The City

Purpose The purpose of this paper is to develop a methodology for knowledge discovery in emergency response service databases based on police occurrence reports, generating information to help law enforcement agencies plan actions to investigate and combat criminal activities. Design/methodology/approach The developed model employs a methodology for knowledge discovery involving text mining techniques and uses latent Dirichlet allocation (LDA) with collapsed Gibbs sampling to obtain topics related to crime. Findings The method used in this study enabled identification of the most common crimes that occurred in the period from 1 January to 31 December of 2016. An analysis of the identified topics reaffirmed that crimes do not occur in a linear manner in a given locality. In this study, 40 per cent of the crimes identified in integrated public safety area 5, or AISP 5 (the historic centre of the city of RJ), had no correlation with AISP 19 (Copacabana – RJ), and 33 per cent of the crimes in AISP 19 were not identified in AISP 5. Research limitations/implications The collected data represent the social dynamics of neighbourhoods in the central and southern zones of the city of Rio de Janeiro during the specific period from January 2013 to December 2016. This limitation implies that the results cannot be generalised to areas with different characteristics. Practical implications The developed methodology contributes in a complementary manner to the identification of criminal practices and their characteristics based on police occurrence reports stored in emergency response databases. The generated knowledge enables law enforcement experts to assess, reformulate and construct differentiated strategies for combating crimes in a given locality. Social implications The production of knowledge from the emergency service database contributes to the government integrating information with other databases, thus enabling the improvement of strategies to combat local crime. The proposed model contributes to research on big data, on the innovation aspect and on decision support, for it breaks with a paradigm of analysis of criminal information. Originality/value The originality of the study lies in the integration of text mining techniques and LDA to detect crimes in a given locality on the basis of the criminal occurrence reports stored in emergency response service databases.

scholarly journals Recovery of Damages from the Head of an Economic Entity: Legislation of the Russian Federation and Law Enforcement Practice

2019 ◽  
Vol 62 ◽  
pp. 10003
Author(s):  
Y.A. Dorofeeva ◽  
M.N. Zubkova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Good Faith ◽  
Legal Entity ◽  
Historical Method ◽  
Economic Entity ◽  
Legal Method ◽  
The Russian Federation ◽  
The Right ◽  
Legal Entities

A legal entity as a union recognized in law and absent as an independent entity outside the law, exists and carries out its activities through the governing bodies whose composition and competence are always predetermined by the norms of positive law. Undoubtedly, the rights of the governing bodies of a legal entity, as well as the duties of the head of the organization, must be strictly predetermined and have limits defined by law. Failure of this rule would mean the possibility of abuse of the right by the governing bodies of legal entities, their release from the obligation to lead the organization in good faith and reasonably, evasion from the fulfillment of obligations assumed by the legal entity through the sole executive body or another governing body of the organization. In order to prevent harm to the organization and third parties, the governing bodies of the legal entity, the legislator set certain rules for the activities of the governing bodies of the legal entity, as well as the grounds for applying measures of responsibility for violating such rules. The responsibility of the head includes the recovery of damages caused by his fault to a legal entity. The purpose of the study is to analyze the grounds and conditions for recovery of damages caused by the head of the organization in the legislation of the Russian Federation and arbitration practice. The objectives of the study are to determine the grounds for liability of the head of a legal entity in the form of damages, show the genesis of the formation of Russian legislation and the practice of its use by courts on recovering losses of a legal entity from the head of an organization, identify criteria for determining the presence of both good faith and reasonableness in the behavior of managers of legal entities, brought to responsibility in the form of the obligation to pay damages to the organization they lead. In carrying out the study, such methods were used as: general scientific - analysis, synthesis, comparison, generalization, historical method; private-scientific: formal-legal, comparative-legal, allowing to consider the issues of bringing to responsibility in the form of recovery of damages of the head of a legal entity; Formal legal method for determining the content of abstract categories - reasonableness, good faith, permissible behavior, method of system-structural analysis - to study the possibility of applying damages as a form of responsibility for the guilty behavior of a special entity - the head of a legal entity The result of the study is the establishment of the grounds and conditions for applying to the head (former head) of a legal entity responsibility in the form of recovery of damages caused to the organization managed by it, in the legislation of the Russian Federation and judicial practice. The findings and results of the study can be used for further research and as educational material, in legislative work and in law enforcement practice.

scholarly journals Performance of obligations in modern civil law

2020 ◽  
pp. 414-417
Author(s):  
Marharyta Butsan
Keyword(s):  
Necessary Conditions ◽  
Civil Law ◽  
Demand Fulfillment ◽  
Mutual Interest ◽  
Injured Party ◽  
Contractual Obligations ◽  
The Stability ◽  
The Right ◽  
Property Performance ◽  
Proper Performance

The article considers the notion of performance. Treaty obligations were the most common in the civil turnover. Their performance depends to a large extent the stability of the economy and society as a whole. Of particular importance are norms of civil legislation implementing the Treaty obligation. They are used daily in practical activities of legal entities and citizens. The performance of an obligation – it is always a process that takes some period of time and consists of a series of actions of the debtor and the creditor. Debtor proposes the execution, the creditor accepts it. The article studies scientific approaches with respect to conditions of contractual obligations. practice shows that most contracts are careless, do not contain the necessary conditions to realization of the interests of the parties, do not include measures to ensure contractual obligations. During the execution of such contracts often have complications, different interpretations by the parties to the same conditions, and as a result, there has been a massive failure by the parties of their responsibilities, resulting in numerous conflicts. The most important task of modern legal science and practice – the creation of legal mechanisms, allowing most effectively to ensure the proper performance of contractual obligations and to compensate the injured party for the loss caused by their failure or improper performance. Mechanism of performance of the obligation is the mutual interest of the parties. In determining the obligations a list of specific actions that the debtor is obliged to make in favor of the lender, is limited to the indication of the transfer of property, performance of work and payment of money. Undoubtedly, the parties rely on bilateral compliance with the obligations under the contract, but obviously there are cases when under any circumstances one of the parties does not fulfill its obligations. Performance of the obligation should also be understood as certain acts by the debtor (or refraining from doing,) that is the obligation of the debtor. In this regard, it should be noted that the lender has the right to demand fulfillment of the obligation, but the debtor is involved in such actions. Moreover, under proper performance to understand the performance of an obligation by an appropriate person at the appropriate time a particular person under equal circumstances. The real is the performance of specific obligations, which is reflected in the implementation of certain actions.

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