scholarly journals Application of Law Enforcement Due Process System in Law Against Child Crimes

2021 ◽  
Vol 3 (2) ◽  
pp. 72-83
Author(s):  
Yoslan K. Koni ◽  
Marten Bunga ◽  
Dince Aisa Kodai ◽  
Nurwita Ismail ◽  
Mega S Tangahu
Keyword(s):  
Law Enforcement ◽  
Child Protection ◽  
Due Process ◽  
Deviant Behavior ◽  
Human Action ◽  
Law System ◽  
Formal Quality ◽  
Due Process Of Law ◽  
Process System ◽  
Law And Justice

Purpose To know and analyze the application of the due process of law system in law enforcement against child crime, to find out and analyze what are the factors that influence law enforcement on the implementation of the due process of law system. By using this type of research is Normative research. Normactive research is meant as legal research which studies normative law. The normative approach method is used to examine the aspects of the law according to laws and regulations relating to the implementation of the Due Process Of Law system in Criminal law, especially against child crimes. The results of the research show that law was born to humanize humans, so law enforcement or law enforcement must provide benefits or benefits to society. The quality of development and law enforcement is demanded by society at this time not only for formal quality, but also for material / substantial quality. Substantively. the implementation of child protection must be in accordance with relevant professional ethics, to prevent deviant behavior in the exercise of authority, power and strength in the implementation of child protection. The concept of due process is like prioritizing the rule of law, law enforcement officers must recognize, respect, protect and guarantee the rights of suspects. Law and justice is an integrity between normative idealism and human action. If the three of them are no longer combined and become judicial cohesion, then what will generally occur is a lameness whose mode and packaging is destructive and dysmunctional, which then makes it easy for someone and the public to draw conclusions or create estimates, there has been a play and a dramatization project that is still under the guise of carrying out their duties. , what is meant in it is to impose a legal decision.

A Research Evaluation of the Israeli New Pretrial Detention Act

2001 ◽  
Vol 35 (2-3) ◽  
pp. 266-284 ◽  
Author(s):  
Hagit Lernau
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Process Model ◽  
Due Process ◽  
Crime Control ◽  
Research Evaluation ◽  
Law System ◽  
Justice Process ◽  
The Law

One of the most influential attempts to describe and comprehend the criminal law system is Packer's celebrated notion regarding the “Two Models of the Criminal Justice System.” Packer regards the criminal justice process as an image constantly shifting between two conflicting models — the “Crime Control Model” and the “Due Process Model” of criminal law. The first model strives to create an effective criminal system that will protect society's right to peace and safety. This aim may be achieved by emphasizing the earlier, informal stages in the law enforcement procedure, namely, police investigation and the decision to prosecute. The second model aims to ensure that the law enforcement process, which is one of the most coercive powers of the state, will be conducted in a lawful manner that will protect suspects and defendants from both intentional wrongdoing and from unintentional mistakes.

scholarly journals The Effectiveness Of Qanun Aceh No. 6/2014 Of Jinayat Law In Order To Prevent Jinayah Khalwat In Law Territory Of Sabang Municipality

2018 ◽  
Vol 1 (2) ◽  
pp. 191
Author(s):  
Webby Aditya
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Due Process ◽  
Civil Service ◽  
Research Result ◽  
Legal Issues ◽  
Comparative Approach ◽  
Conceptual Approach ◽  
The Third ◽  
Due Process Of Law

Article 23 paragraph (1) of Aceh Islamic Criminal Law No 6 of 2014 tells about Indecency (Jinayat) law which regulates the criminal punishment for the perpetrator of jarimah khalwat. This article is expected can minimize the crime rate of the indecent (jinayah) behavior perpetrator. However, in fact the number of jarimah khalwat perpetrator increase steadily as what happened in Sabang Municipality law area. It proves that there were two legal issues, what is the causes of the ineffectiveness of the indecency (jinayat) law in minimizing the number of jinayat perpetrator in Sabang Municipality? This research was aimed to know the obstacle of the increasing jinayat khalwat issue which make jinayat law become ineffective in minimizing jinayat khalwat perpetrators in Sabang Municipality, and to know the efforts conducted by the Civil Service Police Unit, Sharia Policy, and Office of the District Prosecutor General of Sabang Municipality and to know the factor which causes the number of jinayah khalwat perpetrator in Sabang Municipality. The research method used in this research was empirical juridical empirical using case approach, historical approach, comparative approach, conceptual approach, and statute approach). The research result shown that there were 3 effectiveness obstacle factors  of jinayat law in Sabang Municipality, the first obstacle of jinayat law is the bad regulation because the punishment is an alternative not a cumulative  and for those who deal with the jinayat law is potentially punished with canning punishment in public, the application of jinayat law normatively is in contrary with the basis of personality and territoriality which causes this law contrary with the fair legal system (due process of law). The second factor which becomes the obstacle related to quality and quantity of the human resource of the law enforcement, law understanding and the number of personnel investigator of the Civil Service Police Unit and Sharia Police of Sabang Municipality was limited. The third factor, there is no special jinayah prison cell in the Civil Service Police Unit and Sharia Police of Sabang Municiplaity

scholarly journals Towards Standardization of Forensic Services across the Commonwealth of Independent States

2016 ◽  
pp. 26-30 ◽  
Author(s):  
A. I. Usov ◽  
S. A. Kuz’min
Keyword(s):  
Quality Assurance ◽  
Law Enforcement ◽  
Due Process ◽  
Commonwealth Of Independent States ◽  
Forensic Practice ◽  
Due Process Of Law ◽  
Independent States ◽  
Special Knowledge ◽  
Structured System

The paper outlines the role of such innovations as standardization and quality assurance in forensic operations conducted on the territory of the Commonwealth of Independent States (CIS). Rationales are provided for pathways towards standardization of forensic practice as a means of improving the efficiency of forensic contribution to the due process of law by resolving issues that require special knowledge. The authors examine different approaches to the understanding of quality in forensic practice and offer a definition that reflects the hierarchically structured system of law enforcement and courts' forensic needs.

scholarly journals Institusi Inklusif Primum Non Nocere Kesejahteraan Sosial

PERSPEKTIF ◽  
2020 ◽  
Vol 9 (2) ◽  
pp. 119-129
Author(s):  
Dadang Hartanto
Keyword(s):  
Economic Growth ◽  
Law Enforcement ◽  
Social Welfare ◽  
Political Institutions ◽  
Due Process ◽  
Tax Revenue ◽  
Do No Harm ◽  
Due Process Of Law ◽  
Institutional Model ◽  
Two Sides

The institutional model that works in a country in economic and political aspects influences social welfare. In the inclusive institutional model the principle that must be held is primum non necere or fisrt do no harm for social welfare. Proponents of the state must not suffer the lives of their people. In this paper it is reinforced that politics and economics are two sides of a coin that encourage and influence social welfare. Inclusive institutions always deal with extractive institutions. Daron Acemogle and James A. Robinso (2012) in their book Why Nations Fails reveal that economic growth and prosperity are associated with inclusive economic and political institutions, while extractive institutions typically lead to stagnation and poverty. Indonesia has the opportunity to have extractive institutions and therefore must be prevented by implementing democracy seriously and independent law enforcement based on due process of law. Inclusive institutions must be realized so that Indonesia can become a healthy and strong country. One of the health and strength of a country is determined by its economic strength which contributes to development and fiscal strengthening. Fiscal is built one of them by increasing tax revenue because of the contribution of taxation to the fiscal average of 77.6%

scholarly journals Authorities of Preparation and Hospitality of Applications for Post-Conditions Post-Decision of Constitutional Court

Yuridika ◽  
2019 ◽  
Vol 35 (1) ◽  
pp. 75
Author(s):  
Nur Basuki Minarno
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Due Process ◽  
Law Enforcement Officers ◽  
District Court ◽  
Constitutional Court ◽  
Abuse Of Power ◽  
Rights Protection ◽  
Due Process Of Law ◽  
Procedural Code

The objective of Pre-Trial is basically to provide justice rights protection from abuse of power and the arbitrary actions of law enforcement officers. Pre-Trial is as the guard for the realization of due process of law. Hence, its authority is not limited to Article 77 of the Criminal Law Procedural Code and the decision of Constitutional Court No.21/PUU-XII/2014. The dismissal of Pre-Trial appeal as provided for in article 82 paragraph (1) sub-paragraph d of the Criminal Law Procedural Code and the decision of the Constitutional Court No.102/PUU-XII/2015 do not have a sufficient rational basis. Pre-Trial and principal case examination should not terminate each other. Conversely, the result of Pre-Trial will be used as a reference to analyze whether evidence used in the principal case examination is conducted properly or not. Thus, when a Pre-Trial examination is underway, the chief of a judge of the district court must adjourn the principal review of his case.

Kidnaping by Government Order: A Follow-up

1990 ◽  
Vol 84 (3) ◽  
pp. 712-716 ◽  
Author(s):  
Andreas F. Lowenfeld
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Constitutional Law ◽  
Due Process ◽  
The United States ◽  
Foreign Country ◽  
Foreign Countries ◽  
Due Process Of Law ◽  
The U.S

In my full-length article U.S. Law Enforcement Abroad, I argued that government-sponsored abduction from foreign countries was not only distasteful, but contrary to international law and U.S. constitutional law. Though I acknowledged that the reported decisions here and abroad did not, on the whole, support my argument, I suggested that these decisions were out of step with contemporary international law and current American views of due process of law. I expressed skepticism about many of the defenses of the practice that had been raised by American officials and had too often, in my judgment, been accepted by American courts. In particular, I urged that no great faith be placed in assertions by the U.S. Government that abduction of persons who ended up in American custody were carried out solely by the police of the foreign country, that the United States had no knowledge of or participation in torture, or that the foreign country really consented to the operation, though it could not say so publicly.

Are Public Bureaucracies Supposed to Be High Reliability Organizations?

2020 ◽  
Vol 1 (1) ◽  
Author(s):  
Wolfgang Seibel
Keyword(s):  
Child Protection ◽  
Organization Theory ◽  
Goal Attainment ◽  
High Reliability ◽  
Human Action ◽  
High Reliability Organizations ◽  
Fine Grained ◽  
Trade Offs ◽  
Public Bureaucracy ◽  
Account Standard

This article addresses the question of to what extent conventional theories of high reliability organizations and normal accidents theory are applicable to public bureaucracy. Empirical evidence suggests precisely this. Relevant cases are, for instance, collapsing buildings and bridges due to insufficient supervision of engineering by the relevant authorities, infants dying at the hands of their own parents due to misperceptions and neglect on the part of child protection agencies, uninterrupted serial killings due to a lack of coordination among police services, or improper planning and risk assessment in the preparation of mass events such as soccer games or street parades. The basic argument is that conceptualizing distinct and differentiated causal mechanisms is useful for developing more fine-grained variants of both normal accident theory and high reliability organization theory that take into account standard pathologies of public bureaucracies and inevitable trade-offs connected to their political embeddedness in democratic and rule-of-law-based systems to which belong the tensions between responsiveness and responsibility and between goal attainment and system maintenance. This, the article argues, makes it possible to identify distinct points of intervention at which permissive conditions with the potential to trigger risk-generating human action can be neutralized while the threshold that separates risk-generating human action from actual disaster can be raised to a level that makes disastrous outcomes less probable.

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.

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