scholarly journals Perubahan Model Ancaman Terorisme Ditinjau dalam Hukum Tata Negara di Indonesia

2021 ◽  
Vol 7 (3) ◽  
pp. 251
Author(s):  
Arief Fahmi Lubis

Tindak kejahatan yang mencuat ke permukaan telah dirasakan dan semakin multidimensional. Hal ini sering terjadi hampir di seluruh negara-negara belahan dunia terutama aksi kejahatan terorisme. Keamanan negara lebih banyak berperan penting dalam penanggulangan tindak pidana terorisme ini. Perubahan model ancaman terorisme merupakan permasalahan yang perlu segera tindakan konkret dari negara. Kebijakan negara mengeluarkan Undang-undang No. 5 tahun 2018 tentang Pemberantasan tindak pidana terorisme. Permasalahan penelitian ini adalah apabila ditinjau dari Hukum Tata Negara di Indonesia, pemberantasan Tindak pidana terorisme dibagi dalam 2 (dua) bentuk yaitu penegakan hukum dan operasi militer. Penelitian kualitatif menggunakan pendekatan deskriptif untuk menghimpun data secara sistematis, faktual, dan cepat sesuai dengan gambaran saat dilakukan penelitian. Hasil penelitian ini menunjukan bahwa terorisme bukan lagi merupakan kriminal biasa karena memiliki motif politik dan ideologi yang mengganggu Keamanan Nasional, bahkan kedaulatan serta bentuk negara sehingga pemberantasan tindak pidana terorisme dibagi dalam 2 (dua) bentuk yaitu penegakan hukum dan operasi militer. Crimes that have surfaced have been felt and are increasingly multidimensional. This often happens in almost all countries around the world, especially acts of terrorism. State security plays an important role in overcoming this criminal act of terrorism. The change in the model of the threat of terrorism is a problem that requires immediate concrete action from the state. State policy issued Law no. 5 of 2018 concerning the Eradication of Criminal Acts of Terrorism. The problem of this research is that when viewed from the constitutional law in Indonesia, the eradication of criminal acts of terrorism is divided into 2 (two) forms, namely law enforcement and military operations. Qualitative research uses a descriptive approach to collect data systematically, factually, and quickly according to the description when the research is carried out. The results of this study indicate that terrorism is no longer an ordinary crime because it has political and ideological motives that interfere with National Security, even sovereignty and the form of the state so that the eradication of the Crime of Terrorism is divided into 2 (two) forms, namely law enforcement and military operations.  

2021 ◽  
Vol 3 (1) ◽  
pp. 23-38
Author(s):  
Bima Yosua A Tarigan ◽  
Faridh Al Wajidi ◽  
K Karina

Immigration functions include immigration services, law enforcement, state security, and facilitating community welfare development. The implementation of these functions is carried out by the Directorate General of Immigration, which carries out the task of guarding the country's gates. However, during the Covid-19 pandemic, the Directorate General of Immigration is expected to be able to carry out the immigration function without neglecting the spread of the Covid-19 virus that is currently sweeping the world. Not to mention that there are problems that can threaten state security and national sovereignty as well as the decline in the country's economy during this pandemic. The formulation of the problem that will be examined in this paper is what forms of immigration function carried out by the Directorate General of Immigration and how the implementation of the implementation of the immigration function carried out during the Covid-19 pandemic. This writing uses a qualitative research method with a qualitative descriptive approach with combined data collection (inductive/qualitative). From the research results, it is known that the Covid-19 pandemic resulted in various policy changes that had an impact on the implementation of the immigration function. This issue must encounter by  Directorate General of Immigration as an institution that is authorized to carry out the immigration function in Indonesia.


2021 ◽  
Vol 75 (2) ◽  
pp. 35-44
Author(s):  
Vitalii Makarchuk ◽  

The article is devoted to the administrative and legal status of law enforcement agencies as subjects of formation and implementation of state policy in the field of national security and defense. The article outlines the basic terminological concepts, such as: status, legal status, administrative and legal status. The opinions of various scholars on the interpretation of the concept of the legal status of law enforcement agencies, its structure and elements are analyzed. The administrative and legal status of law enforcement agencies that ensure the formation and implementation of state policy in the field of national security and defense, including the administrative and legal status of the National Police, Prosecutor's Office, National Anti-Corruption Bureau of Ukraine, State Bureau of Investigation, Law Enforcement Service, State Security Service of Ukraine, state border guards. It was established that the administrative and legal status is a systemic set of such administrative and legal properties of law enforcement agencies that implement state policy in the field of national security and defense, as: competence; the order of formation and acquisition of legal features; name; location; structure; goals of operation; responsibilities, which are directly regulated by current regulations, laws of Ukraine, and international agreements, the binding nature of which is given by the Verkhovna Rada of Ukraine. The presence of administrative and legal status means that law enforcement agencies have the competence defined by administrative and legal norms – subjects of jurisdiction, rights and responsibilities (powers), are responsible for actions or omissions within their own or delegated competence, perform public, executive, functions involved in administrative legal relations of a regulatory or protective nature. It was concluded that the administrative and legal status of law enforcement agencies (National Police, Prosecutor's Office, National Anti-Corruption Bureau of Ukraine, State Bureau of Investigation, Law Enforcement Service, State Security Service of Ukraine, state border guards) as subjects of state policy formation and implementation in sphere of national security and defense determines the main directions of influence on public relations in the state, and those that arise to protect the interests of national security and defense of the state. It was stated that the obligatory sign of acquisition by law enforcement bodies - subjects of administrative-legal status is the presence of specific subjective rights and obligations, which are realized both within the administrative legal relations and outside them.


Vestnik NSUEM ◽  
2022 ◽  
pp. 135-143
Author(s):  
M. V. Karmanov ◽  
O. A. Zolotareva

The maintenance of civil peace and harmony in the Russian state from time immemorial has been defined as a priority that allows maintaining the integrity of both state and territorial. Global processes taking place in the world, epidemic waves of viruses, incessant local wars, diligent attempts to separate people and peoples bring to the fore the need to consolidate society in order to ensure the national security of the country. In this context, the importance of statistics increases, which significantly affects the perception of the dominant values by society, forms the attitude of people to the state policy being pursued. At the same time, the understanding of statistical information (figures, data) in a number of cases does not correspond to reality, making it difficult to adequately assess the existing situation, which is associated with an insufficient level of statistical literacy of the population, officials and specialists in various fields of activity.


2017 ◽  
Vol 4 (6) ◽  
pp. 137
Author(s):  
Javier Eiroa Escalada ◽  
Luis Toribio Castro

Las banderas ya no tienen finalidad táctica, pero como símbolo de la nación, representan los valores superiores expresados en la Constitución de 1978.A diferencia de las Fuerzas Armadas, donde las banderas se mantienen como parte de las tradiciones, y aportan gran brillantez a los actos militares, en la literatura española existen pocos estudios relativos a la bandera en el ámbito de las fuerzas y cuerpos de seguridad del Estado.Tras un breve repaso a la normativa vigente en el ámbito de la Vexilología, este trabajo aborda el procedimiento para la concesión del derecho de uso de la enseña Nacional a distintas unidades de las fuerzas y cuerpos de seguridad de ámbito estatal, así como sus modalidades, uso y colocación en actos oficiales, honores y protocolo.Finalmente, se analizan las peculiaridades del ceremonial en el acto de entrega de la bandera, como distinción que se otorga en reconocimiento a la labor que desarrollan como garantes de las libertades públicas y de la seguridad ciudadana, considerando la distinta naturaleza -militar y civil- de ambos cuerpos de seguridad. _________________ The flags are no longer tactical, but as a symbol of the nation, they represent the higher values expressed in the Spanish Constitution of 1978.The Army has kept flags as part of the traditions, and provide great brilliance to the military acts. Instead, in Spanish literature there are few studies about the flag in the State Security Forces.After a brief review of current legislation in Vexillology, this paper deals with the procedure for bestowal of the use the National Flag to different units of the National Security Forces, as well as their modalities, use and placement in official events, honours and protocol.Finally, we analyze the peculiarities of ceremonial in the Act of delivery of the flag, as a distinction that is given in recognition of the work they perform as guarantors of citizen freedoms and public safety, considering the different nature - military and civil- of both security Forces.


2019 ◽  
Vol 1 (2) ◽  
pp. 103-116
Author(s):  
Olyvia Sindiawaty ◽  
Mercy Marvel

Intelligence Policy has often been heard in the realm of law, especially with government agencies held in Indonesia. One of them is the immigration agency, which is under the auspices of the Ministry of Law and Human Rights. The implementation of the policy is still minimal, although in fact it is contained in article 1 of Law No. 6 of 2011 number 30, as well as article 74. There are still many that need to be addressed, both in the applicable legal rules and with implementation in the field. The fact that sometimes the Immigration Officer is sometimes mixed in its own definition of intelligence and oversight. Are they the same or different and how to distinguish the two. Recognizing the fact that immigration is increasingly compacted by traffic activities in and out of foreigners and citizens and their supervision, a qualified intelligence is needed in maintaining the upholding of the country's sovereignty. It is an obligation, especially for immigration to safeguard the country as stated in the immigration function, is part of the affairs of the state government in providing Immigration services, law enforcement, state security, and community welfare development facilitators. Therefore, immigration should take part in enforcing supervision and security of the state in the field of law. Immigration intelligence which is under the auspices of the Directorate of Intelligence and immigration enforcement should need to be developed more thoroughly as a whole. So, it is hoped that in the future the Indonesian state will have total sovereignty over the country and its own people.


Author(s):  
Abdelsalam Awad Khair Elseed

The study aimed to recognize the extent of Sudan government interest with increasing its public revenues through its quest to join world trade organization, to study the relationship between join world trade organization and increasing the tax and customs revenues for the state. The study adopted descriptive approach to analyze study’s data and hypotheses testing. The study found several results, among which is that, join world trade organization impacts on tax and customs revenues through tax facilities and customs’ reductions which provided by joining the organization, implementing principles of cancels customs tariff according to world trade organization requirements impacts public revenues of the state. The study recommended many recommendations, among which is that, Sudanese government should do more efforts towards complete obligation of implementing World trade organization’s guidance, increasing custom’s control procedures to ensure correct implementation for world trade organization’s articles that concern customs performance.


1977 ◽  
Vol 12 (3) ◽  
pp. 318-329
Author(s):  
Pnina Lahav

The World Zionist Federation (hereafter W.Z.F.) was founded in 1897 at the First Zionist Congress as the structural framework of the organised Zionist Movement. Its contemporary members are Zionist organisations, whose aim is the implementation of the Zionist Programme as defined by its constitution. As such, the W.Z.F. is an inter-territorial organisation, not limited by national frontiers. It is known to command impressive financial resources and considerable international influence. In Israel, the W.Z.F. was also recognised and given a special status by law. Sec. 4 of the World Zionist Organisation—Jewish Agency (Status) Law provides that:The State of Israel recognises the World Zionist Organisation as the authorised agency which will continue to operate in the State of Israel for the development and settlement of the country, the absorption of immigrants … and the coordination of activities in Israel of Jewish institutions and organisations active in those fields.The W.Z.F. operates through three governing bodies: the Zionist Congress, the Zionist General Council and the Executive.


2021 ◽  
Vol 1 (9) ◽  
pp. 15-20
Author(s):  
L. V. AGARKOVA ◽  
◽  
V. V. AGARKOV ◽  
M. G. RUSETSKY ◽  
◽  
...  

In the context of the globalization of the world economy, the issue of ensuring the financial security of the state is a condition of its national security and acquires special significance. The article examines the indicators of financial security, establishes a system of precursors - indicators of the financial security of the state, allowing to predict the onset of negative consequences. the main indicators of the financial security of the Russian Federation were assessed.


Author(s):  
Igor A. Prudnikov ◽  
A. M. Rotary

The events that took place in 2020 in terms of the epidemiological component in the world entailed global changes in almost all sectors of the economy. The state in which the whole world is today, as well as business, receives new requirements for the health care system, education, economy, law, transport and so on. Today it has become clear that the usual business processes have changed and will no longer be the same, moreover, they will change faster than before. Companies have become even more closely monitoring modern trends and began to adapt to current consumer preferences, thus they will be able not only to maintain their position in the market, but also to increase their customer base.


Author(s):  
Gehan Gunatilleke

Abstract The freedom of expression is vital to our ability to convey opinions, convictions, and beliefs, and to meaningfully participate in democracy. The state may, however, ‘limit’ the freedom of expression on certain grounds, such as national security, public order, public health, and public morals. Examples from around the world show that the freedom of individuals to express their opinions, convictions, and beliefs is often imperilled when states are not required to meet a substantial justificatory burden when limiting such freedom. This article critiques one of the common justificatory approaches employed in a number of jurisdictions to frame the state’s burden to justify limitations on the freedom of expression—the proportionality test. It presents a case for an alternative approach that builds on the merits and addresses some of the weaknesses of a typical proportionality test. This alternative may be called a ‘duty-based’ justificatory approach because it requires the state to demonstrate—through the presentation of publicly justifiable reasons—that the individual concerned owes others a duty of justice to refrain from the expressive conduct in question. The article explains how this approach is more normatively compelling than a typical proportionality test. It also illustrates how such an approach can better constrain the state’s ability to advance majoritarian interests or offload its positive obligations by limiting the freedom of expression of minorities and dissenting voices.


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