scholarly journals Ganti Kerugian dan Rehabilitasi Bentuk Perlindungan Terhadap Korban Tindak Pidana dan Korban Proses Penegakan Hukum di Indonesia

2020 ◽  
Vol 2 (1) ◽  
pp. 68
Author(s):  
Haeranah Haeranah ◽  
Amriyanto Amriyanto
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
The State ◽  
Judicial System ◽  
Procedural Law ◽  
The Future ◽  
Victims Of Crime ◽  
The Law

This research and analysis is interesting because the author divides victims into 2 (two) forms, namely, general victims of law enforcement processes and crimes. Compensation and rehabilitation are the rights of victims that the state must enforce through legal means. This research is a normative research through a conceptual and statutory approach and the legal materials obtained are analyzed in an explanatory-deductive. The results indicate that the normative aspects of the balance of regulations related to compensation and rehabilitation for victims of the law enforcement process and victims of crimes in the Indonesian judicial system are still partial, so that its realization still requires criminal procedural law, law civil procedural or a combination of the two, as well as through state administrative law facilities, especially rehabilitation. We note several shortcomings and weaknesses in the use of legal means in this document. the form of compensation for the victim is in cash, while rehabilitation is in the form of restoring the good name, dignity and respect. The mechanisms and procedures for enforcing compensation and rehabilitation for victims still need to be simplified in order to realize the rights of victims of crime and victims of a balanced law enforcement process in the future.

scholarly journals The procedural component of legal liability

2018 ◽  
Vol 83 (4) ◽  
pp. 11-18
Author(s):  
L. I. Kalenichenko ◽  
D. V. Slynko
Keyword(s):  
Law Enforcement ◽  
Legal Liability ◽  
Public Law ◽  
The State ◽  
State Agencies ◽  
Private Law ◽  
Procedural Law ◽  
The Law ◽  
Lawful Conduct ◽  
Procedural Basis

The procedural component of legal liability has been determined and analyzed. It has been proved that, first, legal liability arises only if there are necessary grounds, including the procedural basis; and secondly, the procedure for bringing to legal liability is determined by the norms of procedural law; thirdly, legal liability is implemented through the law-enforcement activities of the state. It has been substantiated that the fact of the possibility to bring the relevant subject to liability (in private relations) with the help of state agencies affects the awareness of the subject of liability and induces him to voluntarily “take and bear” legal liability. Private liability is realized indirectly through the law-enforcement activity of the state and forms the marginal type of lawful conduct. Attention has been paid to the fact that, unlike public law branches, it is sometimes sufficient to have two grounds (regulatory and factual) in private law branches to bring to justice and to induce legal liability. It has been emphasized that the process of the realization of liability in private law differs from the process of its implementation in public law. However, bringing to liability both in public and in private law is regulated by procedural norms and is implemented within the framework of procedural relations that serve as a form of relations of legal liability.

scholarly journals Anomaly of Law Enforcement in Basuki Tjahaja Purnama Case

2018 ◽  
Vol 2 (1) ◽  
pp. 1-7
Author(s):  
Muhammad Prima Ersya
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Legal Process ◽  
Procedural Law ◽  
The Future ◽  
Criminal Procedure Law ◽  
The Law

The case of former Jakarta governor Basuki Tjahaya Purnama began when he spoke in Kepu-lauan Seribu on September 27, 2016, quoting a verse of the Holy Qur'an that was deemed to have no relevance to the purpose of his arrival which became the basis of the allegation on de-famation against religion as defined in Article 156a of the Criminal Code. As a follow-up of the case, the legal process for the report is conducted and immediately becomes the focus of community concentration. However, in the case of law enforcement process is considered to have some peculiarities and deviate from the principle or principle of criminal procedural law. This is what makes this case interesting to investigate further by using seve-ral instruments related legislation, such as Law No. 8 of 1981 About Criminal Procedure Law. The paper is discussed using the normative juridical approach that focuses on reviewing violations of the principle or principle of criminal procedural law in the law enforcement of religion defama-tion by Basuki Tjahaya Purnama. In the future it is hoped that the negligence of application of the principle or principle of criminal procedure does not happen again. Keywords: defamation of religion, criminal procedural law, law enforcement ABSTRAK Kasus Mantan Gubernur DKI Jakarta Basuki Tjahaya Purnama diawali saat ia berbicara di Kepulauan Seribu pada tanggal 27 September 2016 dan mengutip salah satu ayat Kitab Suci Al Qur’an yang dianggap tidak memiliki relevansi dengan tujuan kedatangannya, sehingga hal tersebut dijadikan dasar laporan atas dugaan tindak pidana penistaan terhadap agama sebagaimana yang dirumuskan dalam Pasal 156a Kitab Undang-Undang Hukum Pidana. Sebagai bentuk tindak lanjut dari kasus tersebut, maka proses hukum untuk laporan tersebut dilakukan dan langsung menjadi fokus konsentrasi masyarakat. Namun dalam hal proses penegakan hukumnya dinilai memiliki beberapa ke-janggalan dan menyimpang dari asas atau prinsip hukum acara pidana. Hal inilah yang membuat kasus ini menarik untuk diteliti lebih lanjut dengan menggunakan beberapa instrumen peraturan perundang-undangan yang terkait, diantaranya adalah Undang-Undang Nomor 8 Tahun 1981 Tentang Hukum Acara Pidana. Pembahasan dalam tulisan ini dilakukan dengan menggunakan metode pendekatan yuridis normatif yang fokus menelaah pelanggaran terhadap asas atau prinsip hukum acara pidana di dalam penegakan hukum kasus penistaan agama oleh Basuki Tjahaya Purnama. Sehingga dikemudian hari diharapkan kelalaian penerapan asas atau prinsip hukum acara pidana tidak terulang lagi. Kata Kunci: penistaan agama; hukum acara pidana; penegakan hukum

scholarly journals MENGKAJI KEMBALI POSISI KORBAN KEJAHATAN DALAM SISTEM PERADILAN PIDANA

2016 ◽  
Vol 28 (1) ◽  
pp. 33 ◽  
Author(s):  
Rena Yulia
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Judicial Process ◽  
Left Behind ◽  
Bodily Injury ◽  
Victims Of Crime ◽  
The Law ◽  
The Moment ◽  
The One

Victims of crime is the one suffer either a bodily injury or a mental injury, or both of them in a crime. At the moment, the legal tratment of the victims of crime is not worth the legal treatment of the offender. The victims tend to be left behind in the law enforcement process as the victims cannot be directly involved in the judicial process to defent their rights. The state through the general prosecutor, took charge of such rights. The prosecution to represent the victims in the judicial process and provide protection interests of the victim. Korban kejahatan merupakan pihak yang menderita kerugian baik secara fisik, psikis maupun materiil ketika terjadi sebuah kejahatan. Namun perlindungan hukum terhadap korban kejahatan tidak sebanding dengan perlindungan terhadap pelaku. Bahkan korban cenderung menjadi pihak yang terabaikan dalam proses penegakan hukum. Korban tidak dapat menjadi pihak sebagaimana pelaku. Korban tidak terlibat langsung dalam proses peradilan untuk membela hak-haknya. Negara mengambil sebagian hak korban untuk melakukan penuntutan, kemudian menugaskan jaksa penuntut umum untuk melakukan penuntutan. Dengan diserahkannya hak-hak korban dalam penuntutan maka penuntutan yang dilakukan harus melindungi kepentingan korban.

scholarly journals Penyalahgunaan Wewenang dalam Tindak Pidana Korupsi Setelah Berlakunya UU No. 30 Tahun 2014 Tentang Administrasi Pemerintahan

2020 ◽  
Vol 4 (1) ◽  
pp. 53
Author(s):  
Zulkarnaen Zulkarnaen ◽  
Zainal Asikin ◽  
Amiruddin Amiruddin
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
The State ◽  
Comparative Approach ◽  
Legal Research ◽  
Conceptual Approach ◽  
Government Administration ◽  
Law Enforcement Officials ◽  
The Law

This research was conducted to find out how the concept of abuse of authority in criminal acts of corruption after the enactment of Law Number 30 of 2014 concerning Government Administration; and How was law enforcement in handling criminal acts of corruption after the enactment of the Law Number 30 of 2014. This research was a normative legal research. The approach used in this research was the statutory approach, the conceptual approach, and the comparative approach. From the results of the study it could be concluded that the concept of abuse of authority in criminal acts of corruption after the entry into force of Law Number 30 of 2024 concerning Government Administration was the Abuse of authority in accordance with Article 17 of Law No. 30 of 2014. Law No. 30 of 2014 focused on preventing abuse of authority. Aspects of criminal acts of corruption were first proven based on administrative law. In the process of law enforcement, if there was indeed an abuse of authority, then it became the basis by law enforcement officials to investigate or investigate allegations of corruption against the abusers of authority, whereas if in testing the abuse of authority by the State Administrative Court, the evidence was not proven, of course these actions could not be used as a basis for conducting investigations.

scholarly journals RESOLUTION OF ISSUES RELATED TO THE USE OF LAND PLOTS NOT FOR THE PURPOSE PURPOSE WHEN CARRYING OUT A JUDICIAL ECONOMIC EXPERTISE

2019 ◽  
Vol 20 (2) ◽  
pp. 545-555
Author(s):  
N. Chumachenko
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Administrative Law ◽  
The State ◽  
State Control ◽  
Land Registration ◽  
Red Army ◽  
The Law ◽  
Control Body ◽  
Legal Entities

The relevance of the census is by the fact that it is the first-rate property for all significant means of justice, disputable persons, as well as perusal of civil rights, and of the rest of the country, and at the same time, at the same time, at the same time, N 963 «Techniques for rozmіru shkodi, zapodіyanono ї vnasdok samovilny zaynyattya land dіlyanok, vikoristannya land dіlyanok not for the whole ryazanennyam, knowing the ground crookedness (I’m using the same mask, I didn’t have a draw). The Method № 963 is hidden on the assignment to the distributor, the authorities, the territorial communities, the legal entities, the legal entities, all the categories of land in the land and land areas, not the main reason, which is not the main reason. The state monopoly (control) at the part of the land legislation, the victorious and the safeguarding of the lands of all categories and the forms of authority, is attached to the Derzhgeokadastre. It is prescribed by the Law of Ukraine «On state control over the damage and protection of land» from 19 June 2003, p. N 963-IV of the sovereign control over the victorians and the defense of the earths can be crossed by the cross. In response to a visit to the Roshraunker Rozmir, to be under the supervision of the Victory Day in the land of the Red Army, not in accordance with the appropriate standards, refer to the administrative provisions of the state registrars and the workers, but also to the lawyers in the field The act of registration of the law of land legislation; protocol on administrative law enforcement; pripis (with the usushenya pushenenya land legislation); act of land registration. The procedure for the assignment to the distributor of the schoolchildren, according to the rules of the localization of the land of the girls, is not the same as the assignment of the procedure, clause 5 of Method № 963. An overview of the data for this type of expertise є Rosrahunok rozmіru shkodi, zavdo їnask dikoristannya land dylyanki not for the purpose. Judicial examiner — economist to carry out the completion of the correctness of the assignment to the direct ordering of the skoda, induced in the above-mentioned Rosrahunka for the complete assembly of the Inspector. The result of the ship examiner’s examination of the economist’s case is that of the hanging of the vessel itself, at the same time as the control body of the Technique № 963.

scholarly journals PERGESERAN KOMPETENSI PERADILAN TATA USAHA NEGARA PASCA DIUNDANGKAN UNDANG-UNDANG NOMOR 30 TAHUN 2014 TENTANG ADMINISTRASI PEMERINTAHAN

2020 ◽  
Vol 2 (1) ◽  
pp. 200-207
Author(s):  
Iskatrinah Iskatrinah
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
The State ◽  
Legal Principles ◽  
Government Administration ◽  
Role Of The State ◽  
State Administration ◽  
Approach Method ◽  
The Law ◽  
The Government

One of the characteristics of State Administrative Law, among others, states that the field of state administrative law is difficult to codify because its arrangements are scattered in various institutions / institutions / government agencies. However, difficult does not mean it can not be done. The promulgation of Law 30 of 2014 concerning Government Administration proves that there has been a codification of the law governing the practice of government administration, therefore it is expected to be able to reinforce the existence of the State Administrative Court in administrative law enforcement. Through this paper, the author tries to explain the authority of the State Administrative Court after the Government Administration Act. This research uses the Normative Juridical Approach method, by tracing, examining the object of research through its legal principles, through its laws and legal history, which is used to find out the rationale, background of the legislation that is the object of research, namely the Law 30 of 2014 concerning Government Administration. So at the end of this study it can be concluded that the enactment of Law Number 30 of 2004 concerning Government Administration has increasingly complemented and strengthened the role of the State Administrative Court in the order of administrative law in Indonesia, and as a legal political basis for law enforcement in state administration

PERSINGGUNGAN KEWENANGAN MENGADILI PENYALAHGUNAAN DISKRESI ANTARA PENGADILAN TUN DAN PENGADILAN TIPIKOR / INTERCEPTION OF JUSTICE AUTHORITY OF DISCRETION ABUSE BETWEEN ADMINISTRATION COURT AND CORRUPTION COURTS

2018 ◽  
Vol 7 (2) ◽  
pp. 213
Author(s):  
Budi Suhariyanto
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Administrative Law ◽  
The State ◽  
Government Officials ◽  
Criminal Process ◽  
The Supreme Court ◽  
State Finance ◽  
The Law ◽  
To Receive

Diskresi sebagai wewenang bebas, keberadaannya rentan akan disalahgunakan. Penyalahgunaan diskresi yang berimplikasi merugikan keuangan negara dapat dituntutkan pertanggungjawabannya secara hukum administrasi maupun hukum pidana. Mengingat selama ini peraturan perundang-undangan tentang pemberantasan tindak pidana korupsi tidak merumuskan secara rinci yang dimaksudkan unsur menyalahgunakan kewenangan maka para hakim menggunakan konsep penyalahgunaan wewenang dari hukum administrasi. Problema muncul saat diberlakukannya Undang-Undang Nomor 30 Tahun 2014 dimana telah memicu persinggungan dalam hal kewenangan mengadili penyalahgunaan wewenang (termasuk diskresi) antara Pengadilan Tata Usaha Negara dengan Pengadilan Tindak Pidana Korupsi. Pada perkembangannya, persinggungan kewenangan mengadili tersebut ditegaskan oleh Peraturan Mahkamah Agung Nomor 4 Tahun 2015 bahwa PTUN berwenang menerima, memeriksa, dan memutus permohonan penilaian ada atau tidak ada penyalahgunaan wewenang (termasuk diskresi) dalam Keputusan dan/atau Tindakan Pejabat Pemerintahan sebelum adanya proses pidana. Sehubungan tidak dijelaskan tentang definisi dan batasan proses pidana yang dimaksud, maka timbul penafsiran yang berbeda. Perlu diadakan kesepakatan bersama dan dituangkan dalam regulasi tentang tapal batas persinggungan yang jelas tanpa meniadakan kewenangan pengujian penyalahgunaan wewenang diskresi pada Pengadilan TUN.Discretion as free authority is vulnerable to being misused. The abuse of discretion implicating the state finance may be prosecuted by both administrative and criminal law. In view of the fact that the law on corruption eradication does not formulate in detail the intended element of authority abuse, the judges use the concept of authority abuse from administrative law. Problems arise when the enactment of Law No. 30 of 2014 triggered an interception in terms of justice/ adjudicate authority on authority abuse (including discretion) between the Administrative Court and Corruption Court. In its development, the interception of justice authority is affirmed by Regulation of the Supreme Court Number 4 of 2015 that the Administrative Court has the authority to receive, examine and decide upon the appeal there is or there is no misuse of authority in the Decision and / or Action of Government Officials prior to the criminal process. That is, shortly before the commencement of the criminal process then that's when the authority of PTUN decides to judge the misuse of authority over the case. In this context, Perma No. 4 of 2015 has imposed restrictions on the authority of the TUN Court in prosecuting the abuse of discretionary authority.

Law enforcement practice of judicial authorities on tax disputes

2021 ◽  
pp. 550-563
Author(s):  
Alexandr V. Izmalkov ◽  
Alexander A. Kuznetsov ◽  
Pavel A. Kuznetsov ◽  
Ella Y. Kuzmenko
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Russian Federation ◽  
The State ◽  
Effect Relationship ◽  
General Scientific ◽  
The Russian Federation ◽  
The Law ◽  
Qualitative Characteristics ◽  
State Body

We analyze the law enforcement practice of judicial authorities on taxes and fees, since the Tax Code of the Russian Federation is a rather controversial regulatory legal act. Tax disputes arise both at the initiative of tax authorities and at the initiative of taxpayers. Purpose: to determine the main directions of law enforcement practice of courts in tax disputes. We use general scientific and specially legal methods as research methods. The focus is on the method of analysis. In the course of the research, we analyze the con-sideration of cases by judicial authorities on tax disputes, their quantitative and qualitative characteristics. We conclude that the emergence of disagree-ments between taxpayers and the state body when resolving the issue of the legality of their actions (inaction), as well as the legality of a non-normative legal act is the main reason for the formation of law enforcement practice in tax disputes. During the passage of all stages of the application of the law, it is also necessary to establish the existence of a cause-and-effect relationship between the actions of the taxpayer and the resulting consequences. The main points of this process go through several stages. We define the main directions of the law enforcement practice of courts in tax disputes.

scholarly journals RETURNS OF ASSETS IN CORRUPTION CRIMINAL ACTS AS ALTERNATIVE RESTORING STATE LOSSES

2020 ◽  
Vol 2 (1) ◽  
pp. 27-34
Author(s):  
Komang Ekayana
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Procedure ◽  
The State ◽  
Recovery Model ◽  
Formal Approach ◽  
The Rule Of Law ◽  
Asset Recovery ◽  
Criminal Procedure Law ◽  
The Law

Corrupted state assets certainly hurt the country narrowly, but also broadly where it harms the country and its people. However, the formal approach through the current criminal procedure law has not been able to recover the losses suffered by the state. In fact, state losses resulting from corruption are state assets that must be saved. Then there needs to be a new breakthrough to recover state losses through the asset recovery model. When looking at the country from the perspective of the victims, the state must obtain protection, in this case recovery from the losses suffered due to corruption. This paper examines the model of returning assets resulting from corruption in the law enforcement process that focuses on the rule of law in the 2003 UNCAC Convention and the mechanism of returning state assets in terms of Law No. 20 of 2001 concerning amendments to Law No. 31 of 1999 concerning Eradication of Corruption Crimes. 

scholarly journals Implementation of Normative Intelligence Policy In Immigration View

2019 ◽  
Vol 1 (2) ◽  
pp. 103-116
Author(s):  
Olyvia Sindiawaty ◽  
Mercy Marvel
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
State Government ◽  
The State ◽  
Government Agencies ◽  
Immigration Enforcement ◽  
Legal Rules ◽  
State Security ◽  
The Future ◽  
Definition Of

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.

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