scholarly journals Peran Kepolisian dalam Penyidikan Tindak Pidana Pembunuhan pada Unit Reserse Polsek Sipispis

2021 ◽  
Vol 4 (1) ◽  
pp. 460-469
Author(s):  
Bringin Jaya ◽  
Marlina Marlina ◽  
Rizkan Zulyandi

Criminal acts that result in the death of a person often occur. In general, proving the existence of death in this type of crime is not difficult, because a person's death can be proven from the presence of medical information which states that someone is dead. The legal arrangements regarding the role of the police in investigating murder crimes are as follows: In the preamble to Law of the Republic of Indonesia Number 2 of 2002 concerning the National Police of the Republic of Indonesia, in letter b, it is stated that maintaining domestic security through efforts to carry out police functions which include maintaining security and public order, law enforcement, protection, protection, and services to the community, the implementation of the role of the criminal police investigation team in uncovering the crime of murder is: Investigation Stage An investigator in carrying out his duties has legal corridors that must be obeyed and regulated formally. what and how to perform, the tasks in the investigation. Obstacles and obstacles to investigation that come from within the Police can include: (i) job irregularities, and (ii) abuse of authority, while obstacles and constraints to the Police Research Unit (Internal Constraints) are (i) inaccurate or careless about an object, (ii) Lack of facilities and infrastructure.

2020 ◽  
Vol 2 (1) ◽  
pp. 33-40
Author(s):  
Muhammad Khotomi Tarigan ◽  
Abdul Lawali Hasibuan ◽  
Rizkan Zulyadi

Article 16 of the Republic of Indonesia Law No. 2 of 2002 concerning the Indonesian National Police, is a State tool that plays a role in maintaining public order and security, in the context of maintaining domestic security. This type of research in this thesis is empirical juridical and library research methods and field research that is by conducting direct research into spaciousness. In this case the researchers directly conducted research into the Labuhan Ruku Sector Police (POLSEK), Talawi District, Batubara District, North Sumatra. The research results obtained are the crime of murder can occur due to factors that support the occurrence of the act of murder that can be caused through many things including through, conditions, circumstances and so forth that provide space for the occurrence of these things. The role of the police investigator is to uncover the occurrence of a criminal act of murder through a series of acts of search and examination of matters relating to the murder case. Obstacles faced by investigators in uncovering murder cases include, the lack of equipment and facilities and also the absence of witnesses that complicate the examination process.


2020 ◽  
Vol 8 (2) ◽  
pp. 82-89
Author(s):  
Wahyu Simon Tampubolon

The Indonesian National Police is directly responsible under the President. The police carry out police duties throughout Indonesia. The police are one of the foremost persons of society, the role of the police at this time is as a guardian of security and order as well as law enforcement officers in society related to criminal law, the police are able to carry out their duties professionally, where their birth originates from the community, according to their needs and desires they. This is done in order to create a situation and conditions that are safe, orderly, serene, and peaceful in social life, which then develops in accordance with developments and changes in state conditions. The National Police, which started from the public side, is now on the side of the state, which has a role to face and control the community itself. Law Number 2 of 2002 concerning the State Police of the Republic of Indonesia, the duties, authorities and rights of the police, in which Article 2 the function of the National Police is to maintain security and public order (kamtibmas).In accordance with the philosophical foundation of the Unitary State of the Republic of Indonesia is Pancasila which is the basis of our country, especially the fourth principle "Democracy led by Wisdom in Deliberation / Representation". The fourth precept of this Pancasila, requires that the resolution of disputes, conflicts or cases be carried out through deliberation to reach a consensus which is embraced by a family spirit. This means that any dispute, conflict or case that needs to be built through negotiation or peace procedures between the disputing parties to reach a mutual agreement. Initially court mediation tended to be facultative or voluntary (voluntary), but now it leads to imperative or future (mandatory).Keywords: Bhabinkamtibmas, Society, disturbance, dispute resolution


2020 ◽  
Vol 2 (3) ◽  
pp. 13-27
Author(s):  
Tri Suhartanto ◽  
Indra Perwira

This study aims to analyze the differences in law enforcement authority between Civil Service Police Unit (Satpol Pamong Praja/ Satpol PP) and Indonesian National Police (Polri) in creating public order and peace of society and how the differences could cause an overlap in their implementation. The research method used is normative juridical legal research using a statutory, conceptual, and comparative approach. The results showed that differences in law enforcement authority between Satpol PP and Polri are in creating public order and peace of society.  Satpol PP has an authority to maintain public order, while the National Police is more concerned with maintaining domestic security; Meanwhile, in carrying out their duties, the Satpol PP often overlaps and clashes with other law enforcers, especially the National Police. It cannot be denied that it often happens that the National Police finally have to become a "fire brigade" when carrying out their duties. The Satpol PP has to clash with the community, which then arises an anarchic situation. When in situations that could lead to further disturbance in security and public order, the National Police finally intervened. What often happened was that the National Police collided with the community because of the anarchist situation that had developed too far.


Author(s):  
Haris Haris ◽  
Ahmad Alim Bachri ◽  
Muhammad Riduansyah Syafari

The National Police of the Republic of Indonesia, in this case, Bhabinkamtibmas (Neighborhood/Village Police NCOs), as the leader in creating Harkamtibmas or the maintenance of security and public order in villages/sub-districts, can carry out their duties by applying the community empowerment as an effective way to involve the community in achieving all goals and hopes of creating a safe and orderly situation where they are being assigned. This had been stated in the Regulation of the Chief of the Indonesian National Police Number 3 of 2015 article 27 that the main task of Bhabinkamtibmas is to conduct community development, early detection, and mediation/negotiation to create conducive conditions in the village/sub-district. In regards to community policing in Article 1 Paragraph 2, community policing, from now on abbreviated as Polmas, is an activity to invite the public through a partnership between members of the National Police and the community, so that they can detect and identify problems of security and public order (Kamtibmas) in their environment and resolve them. The results of the research showed that community empowerment in East Banjarmasin could be carried out through the role of Bhabinkamtibmas. However, it was not optimal because many programs or activities executed by Bhabinkamtibmas were reserved to fulfilling tasks that had been assigned to them. The community empowerment was followed through practically and was limited to how to take advantage of the situation and part of the community's potential in order to finish the target assigned to them hence the role of Bhabinkamtibmas as the leader in community empowerment could not be implemented properly and sustainably. The achievement could be done through the provision of knowledge and training and education on understanding the definition of community empowerment as a process and as a goal, stages of empowerment, empowerment strategies and so on, in order to create a community in which they are ready to be efficient and independent towards creating a conducive security and public order therefore they can create a safe, peaceful community and ensure the implementation of development towards prosperity.


Author(s):  
Neneng Anggraeni ◽  
Zaini Bidaya

Peristiwa kenakalan anak-anak yang mengarah kepada tindak pidana kekerasan yang terjadi di Dompu yang berupa kekerasan fisik seperti memukul, menendang, menjambak dan lain-lain. Penegak hukum yang berwenang dalam hal ini adalah polisi mempunyai peran dan tanggung jawab menurut Undang-undang No.2 tahun 2002 tentang Kepolisian Negara Republik Indonesia Pasal 13 mengatakan bahwa tugas pokok Kepolisian Negara Republik Indonesia adalah  Memelihara keamanan dan ketertiban masyarakat. Penegakan hukum dan Memberikan perlindungan, pengayoman, dan pelayanan kepada masyarakat. Tujuan penelitian ini yaitu untuk mengetahui upaya kepolisian dalam penanggulangan tindak pidana kekerasan yang dilakukan oleh pelajar dan untuk mengetahui kendala yang dihadapikepolisian dalam menangani masalah tindak pidana kekerasan yang dilakukan oleh pelajar di Dompu. Metode penelitian menggunakan metode hukum empiris, dengan pendekatan sosiologis hukum. Tehnik pengumpulan data digunakan yaitu, observasi, wawancara dan dokumentasi. Penelitian ini dilakukan di polres Dompu. Tehnik analisis data di bagi menjadi tiga yaitu, reduksi data, penyajian data, dan menarik kesimpulan. Berdasarkan uraian hasil penelitian dan hasil data, dapat disimpulkan bahwa upaya kepolisian dalam penanggulangan tindak pidana kekerasan yang dilakukan oleh pelajar di Dompu, yaitu melakukan penyuluhan-penyuluhan,disetiap sekolah maupun desa-desa, melakukan kerja sama dengan berbagai komponen atau lembaga yang berkaitan,sedangakn kendala yang dihadapi kepolisian, yaitu pelaku bungkam,Balai Pemasyarakatan (BAPAS) dan orang tua.Children's mischief events that lead to criminal acts of violence that occurred in Dompu in the form of physical violence such as hitting, kicking, grabbing and others. The law enforcer in this case is that the police have roles and responsibilities according to Law No. 2 of 2002 concerning the National Police of the Republic of Indonesia Article 13 states that the main task of the National Police of the Republic of Indonesia is to maintain security and public order. Law enforcement and providing protection, protection and service to the community. The purpose of this study is to find out the police efforts in the handling of criminal acts of violence committed by students and to find out the obstacles faced by the police in handling the problem of criminal acts of violence committed by students in Dompu. The research method uses empirical legal methods, with a sociological legal approach. Data collection techniques are used, namely, observation, interviews and documentation. This research was conducted at Dompu police station. Data analysis techniques are divided into three, namely, data reduction, data presentation, and drawing conclusions. Based on the description of the results of the study and the results of the data, it can be concluded that the police effort in the handling of criminal acts of violence committed by students in Dompu, namely conducting counseling, in each school and villages, conducted cooperation with various related components or institutions, while obstacles faced by the police, namely the perpetrators of silence, the Correctional Center (BAPAS) and parents.


2020 ◽  
Vol 2 (1) ◽  
pp. 35-45
Author(s):  
Doniar Andre Vernanda ◽  
Tony Mirwanto

Immigration law enforcement is carried out by civil servant investigators (PPNS) of Immigration by the mandate of Law No. 6 of 2011 on immigration. Immigration civil servant investigators have the authority to carry out the investigation process to hand over case files for subsequent prosecution in court by the public prosecutor. The results and discussion of this research are: (i) People smuggling is a crime where people illegally enter humans without legal and valid immigration travel documents aimed at personal or group gain by entering a country without going through an examination. immigration at the immigration checkpoint (TPI). Criminal sanctions related to human smuggling are regulated in article 120 of the Immigration Law with a maximum threat of 15 years and a fine of Rp. 1,500,000,000.00. (ii) According to the Immigration Law, pro Justitia law enforcement in immigration crimes is carried out by immigration civil servant investigators who have the duties and functions of carrying out investigations & investigations, coordinating with the National Police and other law enforcement agencies as well as carrying out other matters which are ordered by immigration Law


Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 25
Author(s):  
Rita Permanasari ◽  
Akhmad Khisni

ABSTRAKKetentuan Pasal 4 dan Pasal 16 ayat (1) huruf f Undang-Undang Jabatan Notaris mewajibkan notaris untuk menjaga kerahasiaan segala sesuatu mengenai akta yang dibuatnya dan segala keterangan yang diperoleh guna pembuatan akta sesuai dengan sumpah janji jabatan kecuali undang-undang menentukan lain. Kemungkinan terhadap pelanggaran kewajiban tersebut berdasarkan Pasal 16 ayat (11) Undang-Undang Jabatan Notaris, seorang notaris dapat dikenai sanksi berupa teguran lisan sampai dengan pemberhentian dengan tidak hormat. Terlebih lagi dengan adanya putusan Mahkamah Konstitusi Republik Indonesia dengan Nomor: 49/PUU–X/2012 memutuskan telah meniadakan atau mengakhiri kewenangan Majelis Pengawas Daerah (MPD) yang tercantum dalam Pasal 66 ayat (1) UUJN membuat notaris seakan-akan tidak ada perlindungan hukum bagi notaris dalam menjalankan tugas jabatannya. Ikatan Notaris Indonesia (INI) harus berusaha menjalankan peranan pembinaan dan perlindungan meningkatkan pengetahuan, kemampuan dan keterampilan para notaris. Demikian juga menjalin hubungan dengan para penegak hukum lainnya, agar penegak hukum lainnya yang ada hubungan dengan notaris dapat memahami kedudukan notaris sesuai UUJN.Berangkat dari pemikiran inilah kewajiban ingkar notaris masih tetap dipertahankan oleh pembuat undang-undang dalam revisi Undang-Undang Jabatan Notaris Tahun 2014 yang merupakan konfigurasi kekuatan perlindungan terhadap profesi dan jabatan notaris dari sisi politik.Kata Kunci : Jabatan Notaris, Hak Ingkar, Perlindungan Hukum.ABSTRACTThe provisions of Article 4 and Article 16 paragraph (1) sub-paragraph f of the Notary's Office Law require a notary to maintain the confidentiality of all matters concerning the deeds it has made and all the information obtained for the deed in accordance with the oath of pledge of office except the law otherwise. The possibility of breach of such obligation under Article 16 paragraph (11) of Notary Law Regulation, a notary public may be subject to sanctions in the form of oral reprimands until dismissal with disrespect. Moreover, with the decision of the Constitutional Court of the Republic of Indonesia with the number : 49 /PUU-X/2012 deciding to have canceled or terminated the authority of the Regional Supervisory Board (MPD) listed in Article 66 paragraph (1) UUJN made a notary as if there was no legal protection for a notary in performing duties. The Indonesian Notary Bond (INI) should endeavor to undertake the role of guidance and protection to increase the knowledge, abilities and skills of the notaries. Likewise establish relationships with other law enforcers, so that other law enforcement who has relationship with the notary can understand the position of notary under the UUJN.Departing from this thought the obligation of notarization is still maintained by the lawmakers in the revision of the Law Regulation of Position Notary on Year 2014 which is the configuration of the strength of the protection of the profession and the notary's position from the political side.Keyword : Position of Notary, Right of Remedy, Legal Protection.


Author(s):  
Satino Satino ◽  
Yuliana Yuli W ◽  
Iswahyuni Adil

Law Number 40 of 1999 concerning the Press is one of the legal regulations that have a role in efforts to realize a good life together. The struggle of the Indonesian press to achieve freedom was finally achieved after the enactment of Law Number 40 of 1999 concerning the Press. The purpose of this study is to find out how the freedom and role of the press in law enforcement are reviewed from the perspective of Law Number 40 of 1999, concerning the press. This study uses a sociological juridical method, the results of research conducted on real facts in society with the intent and purpose of finding facts, then proceeding with finding problems, ultimately leading to problem identification and leading to problem solving. The results of the research include the press trying to carry out its functions, rights, obligations, and roles, so the press must respect the human rights of everyone. The press has an important role in realizing Human Rights (HAM), as guaranteed in the Decree of the People's Consultative Assembly of the Republic of Indonesia Number: XVII/MPR/1998. Based on the results of the research above, it is necessary to uphold the freedom of the press in conveying public information in an honest and balanced manner and that freedom of the press is not absolute for the press alone, but to guarantee the rights of the public to obtain information. what happened in the context of realizing press freedom as contained in Law/040/1999 concerning the Press.


2020 ◽  
Vol 90 (3) ◽  
pp. 135-143
Author(s):  
А. В. Комзюк

Interaction is a necessary and important part of the work of the National Police, including in the field of public safety and order. Due to the interaction we achieve the coordination of actions and joint activities of the National Police with other entities. Existing forms and methods of the interaction between the National Police and the public do not meet the current requirements and need to be refined or finding new forms and methods. Therefore, there is the need to conduct a thorough study of the problems of the interaction of the National Police with other entities of ensuring public safety and order. The author of the article has analyzed the importance and legal principles of the interaction of citizens with the police in the field of public order protection and combating crime. The concepts and forms’ types of the specified interaction have been defined. It has been concluded that there is a lack of scientific research focused on the problems of the interaction of the National Police with the public in the field of public safety and order, in particular on finding its new forms. To achieve this purpose, the author has revealed the essence of the interaction of the National Police with the public in the field of public safety and order, their relations, as well as has defined the classification of forms of the interaction of the National Police with citizens and their associations in the field of public safety and order. The scientific novelty of the study is that it improves the understanding of the nature and types of forms of the interaction between the National Police and the public in the field of public safety and order. Summarizing the above, we can conclude that the effective implementation of the authorities in the field of public safety and order by the National Police of Ukraine requires the establishment of effective interaction with citizens and public associations. The author has offered some new forms of the interaction between the National Police and the public for the implementation, the use of which can improve the state of law enforcement and the fight against crime.


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