scholarly journals Analisis Kewenangan Penyidik Kepolisian dan Badan Narkotika Nasional Dalam Penegakan Hukum Pidana Narkotika (Studi Kasus pada Polda Kepri dan Badan Narkotika Propinsi Kepulauan Riau)

Wajah Hukum ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 212
Author(s):  
Abdul Muchlis Hutabarat ◽  
Idham Idham ◽  
Henri Aspan
Keyword(s):  
Drug Abuse ◽  
Law Enforcement ◽  
Criminal Law ◽  
Analytical Method ◽  
Criminal Investigation ◽  
Legal Research ◽  
Government Institutions ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
National Police

Until now efforts to tackle drugs by formal government institutions (Ministry of Health, Immigration, Customs, Police, Narcotics Agency, etc.) as well as by other non-governmental organizations are still not optimal, are less integrated and tend to act individually sectorally. The problem of drug abuse is not handled optimally, so cases of drug abuse tend to increase both in quality and quantity.The problem in this research is how the Legal Arrangement of the Police and National Narcotics Agency Investigations Against Narcotics Criminals, How to Implement the National Police and Narcotics Agency Investigation Authority Against Narcotics Crimes, and what factors are obstacles, and the solution to the National Police and Narcotics Agency Criminal Investigation Authority Narcotics criminal. This research was conducted to determine the Legal Arrangement of the Police and National Narcotics Agency Investigation of Narcotics Criminals, the Implementation of the National Police and Narcotics Agency Criminal Investigation Authority Against Narcotics Criminal Acts, as well as what factors were constraints, and the solution of the National Narcotics and Police Narcotics Investigation Authority Against Criminal Crimes Narcotics. This study uses a descriptive analytical method with a sociological juridical approach (sociological legal research) to study the laws and regulations relating to the process of investigating and investigating non-criminal drugs. The results of this study indicate that the authority of the National Police and Narcotics Agency Investigators in Narcotics Criminal Law Enforcement has basically been implemented well, although there are still many obstacles, especially conflicts in the implementation of the law.

scholarly journals Perlindungan Hukum Terhadap Anak Korban Kekerasan Seksual

2020 ◽  
Vol 1 (2) ◽  
pp. 137-150
Author(s):  
Mastur Mastur ◽  
Syamsuddin Pasamai ◽  
Abdul Agis
Keyword(s):  
Law Enforcement ◽  
Sexual Violence ◽  
Criminal Law ◽  
Preventive Measures ◽  
Legal Protection ◽  
District Court ◽  
Child Victims ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Investigation Process

Penelitian bertujuan untuk menganalisis perlindungan hukum terhadap anak korban kekerasan seksual, dan menganalisis faktor yang mempengaruhi perlindungan hukum terhadap anak korban kekerasan seksual. Tipe penelitian ini adalah yuridis empiris. Hasil Penelitian bahwa; Perlindungan hukum terhadap anak yang menjadi korban kekerasan seksual dalam praktik penegakan hukum pidana oleh Kepolisian di Polewali Mandar adalah perlindungan dalam proses penyelidikan serta melalui upaya preventif/pencegahan dengan bekerja sama dengan Lembaga Swadaya Masyarakat (LSM) di Kabupaten Polewali. Sedangkan perlindungan hukum oleh Pengadilan Negeri Polewali adalah perlindungan dalam proses persidangan yang berupa korban anak tidak disumpah, hakim dalam memberikan pertanyaan sangat hati-hati dan tidak formal, serta adanya pendamping yang dipercaya oleh korban anak. Perlindungan hukum terhadap anak korban kekerasan seksual tidak berjalan secara efektif dikarenakan masih terdapat tindak kekerasan seksual anak yang pada kenyataannya saat ini masih banyak yang menimpa anak di Kabupaten Polewali Mandar. This study aims to analyze the legal protection of child victims of sexual violence, and to analyze the factors that influence the legal protection of child victims of sexual violence. This type of research is juridical empirical. Research results that; Legal protection for children who are victims of sexual violence in criminal law enforcement practices by the Police in Polewali Mandar is protection in the investigation process and through preventive / preventive measures in collaboration with Non-Governmental Organizations (NGOs) in Polewali Regency. Meanwhile, legal protection by the Polewali District Court is protection in the trial process in the form of child victims who are not sworn in, judges in giving questions are very careful and informal, and there is a companion who is trusted by child victims. Legal protection for child victims of sexual violence does not work effectively because there are still acts of child sexual violence which in fact currently still happen to many children in Polewali Mandar Regency. the factors that influence the legal protection of child victims of sexual violence. This type of research is juridical empirical. Research results that; Legal protection for children who are victims of sexual violence in criminal law enforcement practices by the Police in Polewali Mandar is protection in the investigation process and through preventive / preventive measures in collaboration with Non-Governmental Organizations (NGOs) in Polewali Regency. Meanwhile, legal protection by the Polewali District Court is protection in the trial process in the form of child victims who are not sworn in, judges in giving questions are very careful and informal, and there is a companion who is trusted by child victims. Legal protection for child victims of sexual violence does not work effectively because there are still acts of child sexual violence which in fact currently still happen to many children in Polewali Mandar Regency

scholarly journals Specific Features of Interaction between Criminal Police Divisions and Other Subjects within Counteracting Criminal Offenses against Morality

2020 ◽  
Vol 91 (4) ◽  
pp. 282-294
Author(s):  
O. M. Yemets
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Law Enforcement Officers ◽  
Law Enforcement Agencies ◽  
Governmental Organizations ◽  
Educational Literature ◽  
Non Governmental Organizations ◽  
Criminal Offenses ◽  
The Subject ◽  
National Police

The author has defined the peculiarities of the interaction of criminal police units with other entities in counteracting criminal offenses against morality, which should help to solve the problem of scientific provision of the activities of law enforcement agencies in this area. Taking into account the set purpose, the specifics of the object and the subject matter of the research, the author has chosen the methodological tools. During the research the author has used the system of methods of scientific cognition: formal logic (abstraction, analogy, deduction, induction, synthesis) for the detailed clarification of the content of the considered issues; empirical – during the experimental study; method of system analysis – to determine the directions of introduction of innovative approaches to solve the problem; theoretical – during the study of scientific and educational literature; modeling – in the study of certain objects by modeling their individual features. Based on the analysis of the current practice of law enforcement agencies in combating criminal offenses against morality, the author has defined the current features of the interaction of criminal police units with other entities in this area. Besides, the author has formulated own concept of the interaction of criminal police units with other entities in combating criminal offenses against morality; has provided general characteristics of such entities; and has highlighted some recommendations on the use of their capabilities by operative units of the National Police during the detection, documentation and investigation of these criminal offenses. It has been established that criminal police units interact with other entities as part of the National Police. In fact the capabilities of Interpol and Europol are used. Besides, cooperation with other international and non-governmental organizations is envisaged. Certain features of the interaction of criminal police units with other entities in combating criminal offenses against morality can be used by law enforcement officers, as well as scholars in conducting further research in this area.

Repräsentationen von Massengewalt

2017 ◽  
Author(s):  
Joachim C. Savelsberg
Keyword(s):  
Field Theory ◽  
Comparative Analysis ◽  
Criminal Law ◽  
International Criminal ◽  
Humanitarian Aid ◽  
International Criminal Law ◽  
Mass Violence ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Foreign Ministries

With the expansion of international criminal law, the causation and exercise of mass violence is increasingly criminalized. However, the fields of humanitarian aid and diplomacy generate representations completely different from what criminal law suggests. A comparative analysis of eight countries reveals variable susceptibilities for these competing narratives. The empirical evidence is based on a content analysis of more than 3,000 newspaper articles on violence in Darfur and on interviews with African correspondents and specialists in non-governmental organizations and foreign ministries of the eight countries. The analysis suggests differentiations in argumentation concerning field theory as well as theories of globalization.

scholarly journals Konsepsi Hukum Progresif dalam Pengaturan Tindak Pidana Korupsi di Indonesia

2020 ◽  
Vol 1 (2) ◽  
pp. 35-39
Author(s):  
Efraim Mbomba Reda ◽  
I Nyoman Putu Budiartha ◽  
I Made Minggu Widyantara
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Role Models ◽  
Research Method ◽  
Criminal Code ◽  
Legal Positivism ◽  
Sociology Of Law ◽  
Legal Certainty ◽  
Legal Research ◽  
Descriptive Method

Progressive law puts forward the sociology of law rather than legal certainty which is the focus of legal positivism. In Indonesia, this law was coined by Satjipto Rahardjo. This study aims to determine the formulation of progressive law in future criminal law, and to determine the actualization of the concept of progressive law in regulating corruption in Indonesia. The research method used is a normative legal research method with statute and conceptual approaches. The technique of collecting legal materials in this study is a descriptive method that aims to obtain the meaning of reality related to the problems to be discussed and solved in this study. The results show that in the current Criminal Code Bill, progressive law has been regulated, to be precise in Article 2 paragraph (1) and (2). Progressive law is also regulated in Law no. 48 of 2009 concerning Judicial Power. Then, the actualization of progressive law in regulating corruption in Indonesia is a judge with the powers that take into account the sociological context of society in making decisions. Judges, prosecutors and lawyers can certainly discuss together in eradicating corruption. Efforts are also being made to reconstruct and redefine the power of law enforcement. This arrangement can also encourage the KPK to be more progressive in eradicating corruption, as well as building law enforcers who have morality so that they can become role models and increase public participation, for example by forming NGOs in preventing or fighting corruption in various agencies.

scholarly journals Formulation Policy Regarding the Smuggling of Lobster Seeds in Indonesia

Lentera Hukum ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 37
Author(s):  
Ayu Izza Elvany
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Problem ◽  
Legal Research ◽  
Conceptual Approach ◽  
Criminal Offense ◽  
Penal Policy ◽  
Illegal Fishing ◽  
Corporate Criminal Liability

This paper analyzes how formulation policy of lobster seeds smuggling regulated in Indonesian law to optimize the effectiveness of illegal fishing enforcement, considering penal policy is the basis of criminal law operationalization. This research uses both statute approach and conceptual approach as legal research methods to analyze the issued legal problem. Fishery law in Indonesia regulated in Law No. 45 of 2009 amending Law No. 31 of 2004 concerning Fishery, especially Articles 88 and 16 paragraph (1) which cover the formulation policy of lobster seeds smuggling enforcement. This study will be analyzed into three aspects which are the conduct (the criminal offense), criminal liability, and sentencing system. The result shows that law enforcement regarding the smuggling of lobster seeds in Indonesia is ineffective due to the nonexistence of corporate criminal liability in the fishery law and its sentencing system is lack of both the specific minimum penalty regulation and the penal measures as criminal punishment. However, the draft of the fishery law has already set corporate criminal liability; hence it also regulates the penal measures, in the form of secondary sanctions. Nevertheless, instead of enacting the specific minimum penalty, the draft only determined the maximum penalty as well. Keywords: Formulation Policy, Fishery Law, Lobster Seeds Smuggling.

scholarly journals Advocating for the Protection of Rights of Children and Women in Nigeria: An Appraisal

2020 ◽  
Vol 26 (40) ◽  
pp. 48-65
Author(s):  
Nneka Umejiaku
Keyword(s):  
Cultural Practices ◽  
Social Economic ◽  
Legal Framework ◽  
Empirical Methods ◽  
Legal Research ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Viable Solution ◽  
Women Abuse ◽  
The Government

AbstractThe protection of children and women in Nigeria is very critical because their integration in every sphere is a precedent to the growth and development of nations. However, they face diverse discrimination and violence because they are very vulnerable. The object of this study is to examine the rights of children and women by x-raying the various legal and institutional frameworks that provide for their rights, as well as dangers posed by taking their rights for granted. The work analyses factors that inhibit their protection and proffers a viable solution. In this paper, we adopt the doctrinal and empirical methods of legal research. The study discovers that despite a legion of legislation, children and women are exposed to many factors such as legal, social, economic, and obnoxious cultural practices. Further, the work reveals that inherent lapses are visible in our legal framework particularly the 1999 Constitution (as amended), Child‘s Rights Act and other relevant legislation. Accordingly, the work recommends for the eradication of factors that promote child and women abuse and review of relevant laws. The work further recommends for a serious synergy between the government and non-governmental organizations for the protection of children and women.

scholarly journals JENIS DAN FREKUENSI KEJAHATAN DI DAERAH PARIWISATA PULAU NUSA PENIDA (PROVINSI BALI)

2018 ◽  
Vol 13 (1) ◽  
Author(s):  
I Wayan Suardana ◽  
I Made Walesa Putra
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Criminal Law ◽  
Road Traffic ◽  
Criminal Code ◽  
Legal Research ◽  
Police Station ◽  
To Come ◽  
Depth Interviews ◽  
Conventional Type

Nusa Penida is an island which located on southeast of Bali and separated by the Badung Strait. By a variety of tourist pulling magnets to come to Nusa Penida, it also gives effect to the occurrence of crime. The purposes of the research are to develop the science of law, especially in the field of criminal law and to know and study the type and frequency of crime in Nusa Penida Tourism Area so that it can be constructed effective countermeasures formulation. The method used in the achievement of research objectives, methods of approach Juridical Empirical, namely legal research by way of existing facts approach by way of conducting observations and research through in-depth interviews of the object research. The result of the research shows that there are many types of criminal acts in Nusa Penida area, the most often frequency is the persecution of 24 reports, then theft of 12 reports, then another conventional crime based on data obtained from 2014 until 2017, crimes of a conventional type as stipulated in the Criminal Code and there are crimes that are classified as specific criminal acts such as narcotics abuse. Some obstacles are the existence of darknumber by reason; the omission of the community such as perceiving such acts as cock fighting, seeing guests using addictive drugs, there is also not want to take a risk by  reporting an incident, even the police sometimes do not take action or ignore a suspected incident is a crime because it avoids the occurrence of threats to the apparatus itself. Criminalization committed against such crimes as stipulated by the Criminal Code, namely Article 351, 362, 184, 338, 406, 385, 310, 187, 303, 368 and 285. However, there are also crimes threatened with the provisions of the law outside the Criminal Code : Law No. 23 of 2004 on Elimination of Domestic Violence and Law No. 22 of 2009 on Road Traffic and Transportation. There are other obstacles in relation to law enforcement in Nusa Penida crime, which is still unclear authority between Nusa Penida Police Station and Klungkung Police because of the type of crime they handled.

scholarly journals Effectiveness Through Crime Investigation Complaint Case Holds In Central Java Police Jurisdiction

2018 ◽  
Vol 1 (2) ◽  
pp. 323
Author(s):  
Yuniar Pradhana Mukti ◽  
Gunarto Gunarto
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Law ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
Central Java ◽  
Crime Investigation ◽  
National Police ◽  
Police Effectiveness

Problems of criminal law, especially the problem of crime, abuse and all kinds of acts that fall into the category of offense is now becoming one of the crucial problems and quite tricky to overcome. In line with the task of institution Indonesian National Police (INP) in an effort to maintain security and order and enforcement of justice citizens, then the effectiveness of the investigation and the disclosure of a criminal offense it is important to be maximized. The aim is to give meaning to the rule of law in Indonesia that provides fairness, expediency and legal certainty.Keywords: Criminal Law; Police; Effectiveness; Law Enforcement

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