scholarly journals Desain Penegakan Hukum Korupsi Partai Politik di Indonesia

INTEGRITAS ◽  
2021 ◽  
Vol 7 (1) ◽  
pp. 1-22
Author(s):  
Agil Oktaryal ◽  
Proborini Hastuti
Keyword(s):  
Law Enforcement ◽  
Political Parties ◽  
Financial Assistance ◽  
The Law

The large number of corruption cases whose funds flow to political parties becomes a problem when regulations cannot trap them. This brings awareness to create an ideal law enforcement design against criminal acts of corruption by political parties. As for the law enforcement design that initiated, reducing state financial assistance to the party; prohibition of participating in elections; and dissolution of political parties followed by restrictions on the rights of former officials to carry out political-based activities. This is accompanied by a broad and progressive interpretation by law enforcers to define political parties as corporations.

scholarly journals Menjerat Kader, Melepas Partai Politik; Pertanggungjawaban Pidana Partai Politik Dalam Kasus Tindak Pidana Korupsi

2020 ◽  
Vol 5 (1) ◽  
pp. 57-78
Author(s):  
Zulkifli Aspan ◽  
Wiwin Suwandi
Keyword(s):  
Law Enforcement ◽  
Political Parties ◽  
Criminal Liability ◽  
Political Corruption ◽  
Legal Entity ◽  
Flow Of Funds ◽  
Party Elites ◽  
The Law ◽  
Administrative Sanctions

Amid the resounding steps of the KPK to carry out the law enforcement function of eradicating Corruption, there are still things that feel stagnant. The KPK does not or has not dared to ensnare political parties in corrupt criminal liability, using corruption laws. In each case with dimensions of political corruption, the KPK only ensnares party elites, but does not at the same time demand criminal liability from political parties. In fact, in several cases investigated, the flow of funds flowed into political parties. As a special offense, revising the Corruption Law, by entering the phrase "legal entity", in addition to the phrase "everyone" is needed to find, or build a channel to ensnare political parties in corruption criminal liability. accompanied by state losses and fines. Administrative sanctions can also be applied through freezing through the Kemenkumham or the dissolution of these political parties through the Constitutional Court's path when the KPK's charges and demands can be proven.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

Influential Factors in The Law Enforcement Process of Sexual Violence Cases in Children in The City of Semarang

SOEPRA ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 4
Author(s):  
Liya Suwarni
Keyword(s):  
Law Enforcement ◽  
Sexual Violence ◽  
Medical Record ◽  
Child Protection ◽  
Influential Factors ◽  
Medical Record Data ◽  
Violence Against Children ◽  
Record Data ◽  
The Law ◽  
The City

Background. Cases of sexual violence increase every year, victims ranging from adolescents, children to toddlers. Based on data from the Indonesian Child Protection Commission, abuse and violence against children in Indonesia in 2013 were 23 cases, in 2014 there were 53 cases, in 2015 there were 133 cases, 2017 reached 1,337 cases, and as of July 2018 there were 424 cases. Purpose. Knowing the factors that influence the law enforcement process of sexy violence cases in Semarang City. Method This study uses descriptive analytical methods for cases of violence against children, based on medical record data in hospitals, documents in Mapolrestabes, the District Attorney's Office and the Semarang City Court for the period of January 2015 to December 2018. Results. Based on research results obtained 213 experimental cases section from medical record data in hospitals in the city of Semarang. Most cases of child abuse occurred in 2018 with 72 cases. Most victims are 12-14 years old age group, female. Most types of cases are cases of intercourse. The majority of violations are persons known as victims, perpetrators not working, and most of the places of occurrence are in the defendant's house. At the time of prosecution and trial, the number of cases was significantly reduced to only 8 cases. Factors related to this include lack of evidence, difficulty in obtaining information from victims, convoluted statements of coverage, lack of election, and obtaining diversion rates. Conclusion Cases of sexual violence have increased from year to year. The process of law enforcement on this problem still has many difficulties in each manufacturing process which is still difficult to overcome.

The Use of Lethal Force by Military Forces on Law Enforcement Operations — is There a ‘Lawful Authority’?

2009 ◽  
Vol 37 (3) ◽  
pp. 441-469 ◽  
Author(s):  
Rob McLaughlin
Keyword(s):  
Law Enforcement ◽  
Difficult Situation ◽  
Lethal Force ◽  
Military Forces ◽  
Bona Fide ◽  
The Law ◽  
Commander In Chief ◽  
Peace Officer

Now a person, whether a magistrate, or a peace-officer, who has the duty of suppressing a riot, is placed in a very difficult situation, for if, by his acts, he causes death, he is liable to be indicted for murder or manslaughter, and if he does not act, he is liable to an indictment on an information for neglect; he is, therefore, bound to hit the precise line of his duty: and how difficult it is to hit that precise line, will be a matter for your consideration, but that, difficult as it may be, he is bound to do. R v Pinney (1832) 5 Car & P [254], [270] (Littledale J). A soldier is bound to obey any lawful order which he receives from his military superior. But a soldier cannot any more than a civilian avoid responsibility for breach of the law by pleading that he broke the law in bona fide obedience to the orders (say) of the commander-in-chief. Hence the position of a soldier is in theory and may be in practice a difficult one. He may, as it has been well said, be liable to be shot by a court-martial if he disobeys an order, and to be hanged by a judge and jury if he obeys it. A V Dicey, Introduction to the Study of the Law of Constitution (10th ed, 1959) 303.

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