scholarly journals PENERAPAN DIVERSI SEBAGAI IMPLEMENTASI HAK ASASI ANAK BERKONFLIK DENGAN HUKUM

2020 ◽  
Vol 3 (1) ◽  
pp. 38
Author(s):  
Luh Sri Widi Artini ◽  
Putu Bagus Sabda Pramesti
Keyword(s):  
Law Enforcement ◽  
Qualitative Method ◽  
Law Enforcement Officers ◽  
The State ◽  
Research Approach ◽  
Best Interest ◽  
Literature Study ◽  
Special Concern ◽  
The Law ◽  
The Government

A child who commits a legal offence is a special concern from the state. Diversi is the application of versioning is an effort from the government to protect the child from negative stigmatization and based on the best needs and interests for children, by seeking a version through the approach of Restorative justice. This research aims to determine how the implementation is versioned as a child's human rights implementation and what constraints are faced by related parties in the running of versioning. This research uses a qualitative method of research approach with a literature study technique that is further analyzed qualitatively. Children are trusting and give that must be guarded because the child is the hope of the state as a nation's successor so that children should be protected. The results of this study show that versioning is one of the government's efforts to protect the child's rights from adverse influences and the stigmatization of the community and is done for the best interest of the child. Obstacles faced in the form of lack of the presence and the existence of a sectoral ego between the law enforcement officers so that the version has not run optimally and the need to socialize about the law of the Child criminal system Community.

scholarly journals Pengelolaan Bahasa Untuk Pembelajaran Di Indonesia

2021 ◽  
Vol 6 (1) ◽  
pp. 1078-1085
Author(s):  
Zuniar Kamaluddin Mabruri
Keyword(s):  
Research Method ◽  
Qualitative Method ◽  
The State ◽  
Language Policies ◽  
Literature Study ◽  
Language Management ◽  
Triangular Relationship ◽  
The Government

This study aims to understand language management for learning in Indonesia. The research method used is a qualitative method with the type of literature study. The results show that the State of Indonesia has carried out language management in relation to the recognition of existing languages and is regulating for the government in the context of the state and nation so that there is a triangular relationship between language and the state which is regulated by the government for the benefit of the nation. If the state has guaranteed the existence of a language as a whole, then a number of policies will emerge to guarantee the rights and obligations of each in managing the existing language. Policies are formulated in the form of rules known as regulations, to serve as joint guidelines between the government and speakers of existing languages.

scholarly journals PERANAN ALAT BUKTI DALAM PERKARA PIDANA DALAM PUTUSAN HAKIM MENURUT KUHAP

Yuridika ◽  
2017 ◽  
Vol 32 (1) ◽  
pp. 17
Author(s):  
Bastianto Nugroho
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Law Enforcement Officers ◽  
The State ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Procedure Law ◽  
The Law ◽  
Examination Process

The trial of a criminal case is to find out whether a criminal offense has occurred in an event, therefore in the most important criminal proceedings the proceedings are proved. Evidence is a problem that plays a role in the examination process in court because with this proof is determined the fate of a defendant. The legal function in the State of Indonesia is to regulate the order of society in the life of the nation and the state, whereas the violation of the law itself is an event that must exist in every society and is impossible to be eliminated absolutely, because violation of law is an integral part of development More complex. One of the provisions governing how the law enforcement officers carry out the task in the field of repressive is the criminal procedure law which has the purpose of searching and approaching material truth, the complete truth of a criminal case by applying the provisions of criminal procedure law honestly darn precisely with The purpose of finding out who the perpetrator can be charged with is a violation of the law. 

scholarly journals General issues of the exercise of jurisdiction in the process of application of law enforcement measures at sea

2020 ◽  
pp. 106-118
Author(s):  
A. P. Glazova
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Research Process ◽  
The State ◽  
Customary Law ◽  
Research Approach ◽  
Legal Norms ◽  
Application Of Law ◽  
Territorial Jurisdiction ◽  
The Law

INTRODUCTION. Currently, states can apply a whole range of law enforcement measures at sea in order to prevent such unlawful phenomena as piracy, slave trade, drug trafficking, migrant smuggling, etc. However, the problem of the exercise of jurisdiction by states within various maritime areas is the main sticking point during the implementation of these measures. In an attempt to exercise the law enforcement function at sea, the state can't ignore the fact that its ability to create legal norms and ensure their effective implementation depends not only on its will as a sovereign, but also on the restrictions imposed by international law. Therefore, maintaining a balance between limiting the “territorialization” of maritime areas and the need to carry out a law enforcement function logically entails the need to determine the nature and content of the concept of “jurisdiction of the state” within different maritime areas, as well as to identify specific features of this legal category. The present article focuses on this and other related issues.MATERIALS AND METHODS. Historical and comparative analysis along with dogmatic research approach were used in the research process and the entire research is well grounded in focusing on the norms of international treaty law and customary law. In addition to that this research focuses on the norms of national law governing issues related to the application of law enforcement measurement at the sea. Apart from those given material and methodical inputs, the doctrinal works of the relevant jurists have been used in this research.RESEARCH RELULTS. The author comes to an alternative conclusion that territorial jurisdiction within the maritime territory is not absolute, which is due, apparently, the principle of freedom of the high seas which have a longer support by the international community. The definition of jurisdiction as extraterritorial is not self-sufficient, since in case of conflict of jurisdictions, additional legal criteria are required to resolve such a conflict. The classification of extraterritorial jurisdiction depending on the principles on which it is based also does not solve the problem, since some principles, such as protective or universal, in turn, require additional criteria in order to become a self-sufficient tool to overcome legal uncertainty. The author notes that the ability to exercise territorial jurisdiction within maritime areas, as a rule, determines the ability to exercise legislative and executive jurisdiction, which are also not absolute. The exercise of extraterritorial legislative or executive jurisdiction at sea is potentially permissible only on the basis of international law to solve a specific function, for example, law enforcement.DISCUSSION AND CONCLUSION. The main problem of the varieties of jurisdiction proposed by in- ternational legal science is that each of them only supplements each other, describing a possible choice, but not explaining why a particular choice should be preferred in case of conflict. It is obvious that current uncertainty has created some severe impacts upon the institution of law enforcement measures at sea as a result of the absence of standards for enforcement measures that could make a balance to the mechanism. Hence the law enforcer has to be cautious with a number of factors in deciding the implementation of law enforcement measures within the sea.

scholarly journals Is Cash Waqf Linked Sukuk (CWLS) Less Than Ideal According to Islamic Laws?

2021 ◽  
Vol 39 (12) ◽  
Author(s):  
Akhmad Hafandi ◽  
Puji Handayati
Keyword(s):  
Public Interest ◽  
Qualitative Method ◽  
Financial Institution ◽  
Descriptive Analysis ◽  
The State ◽  
Research Approach ◽  
Social Investment ◽  
Religious Activities ◽  
Library Research ◽  
The Government

As a step to promote public interest in conducting cash waqf, the government launched a program called the National Money Waqf Movement (GNWU) which also introduced Cash Waqf Linked Sukuk (CWLS) Retail Series SWR001 which is a development of the CWLS (SW Series). Both are developments of the Money Waqf and Sukuk (State Sukuk) which have been regulated in the DSN-MUI Fatwa No. 131/DSN-MUI/X/2019. Law No. 41 of 2004, concerning Waqf, and Law No. 19 of 2008, concerning State Sharia Securities (SBSN). CWLS is a form of social investment in Indonesia where the cash waqf is received by the Indonesian Waqf Board as Nazhir through a Sharia Financial Institution as a Cash Waqf Recipient (LKSPWU). It will be managed and placed on the State Sukuk or SBSN instrument and the proceeds of its development are used to finance various economic, social and religious activities. Nonetheless, this CWLS model is perceived to be less than ideal by some parties. This study adopted a qualitative method using using library research approach. The data were collected through analysing literature papers, documentation and conducting an interview. Descriptive-analysis used to compare the statutory provisions, fatwas of MUI, and fiqh rules with the implementation of CWLS. The findings in this study indicate that CWLS is an appropriate with Indonesian context and Islamic principles.

scholarly journals MEMBANGUN BUDAYA HUKUM PANCASILA SEBAGAI BAGIAN DARI SISTEM HUKUM NASIONAL INDONESIA DI ABAD 21

2015 ◽  
Vol 1 (2) ◽  
Author(s):  
Sunaryati Hartono
Keyword(s):  
Law Enforcement ◽  
Daily Life ◽  
Legal Culture ◽  
The State ◽  
Proper Place ◽  
The Law ◽  
The Government ◽  
Law Making

This article discusses the weaknesses of Indonesian (internal) legal culture. The author argues that this weakness points to the attitudes, behavior, and beliefs about the proper place of law in daily life as entertained by individuals working in the government, law making institutions as well as those working in the law enforcement sector. Moreover, this internal weakness in Indonesian legal culture, poses a threat to the unity of Indonesia as a nation. One solution offered is to return to and revive the State ideology and philosophy, Pancasila, as the basis to develop a more viable and healthy Indonesian legal culture.

scholarly journals The Role of Judges in Dealing with Community Development

2020 ◽  
Vol 2 (2) ◽  
pp. 195
Author(s):  
Maulana Hasanudin
Keyword(s):  
Law Enforcement ◽  
Community Development ◽  
Legal System ◽  
Law Enforcement Officers ◽  
The State ◽  
Judicial Power ◽  
The Law ◽  
Law And Justice ◽  
Important Structure

<p>The purpose of this paper is to determine the role of the judge in facing the development of society. Judges are part of the important structure of the judicial power branch in Indonesia. Judicial power is an independent power to administer justice in order to uphold law and justice. Judges are given the power to judge. Judges have an important role as law enforcement officers in the law enforcement process in Indonesia, so they must pay attention to legal objectives. The role of the judge has consequences for the responsibility of the judge which is very heavy, where the judge has responsibility to one God, to the nation and state, to himself, to the law, to the parties and to society. Judges and society are elements that cannot be separated in a legal system. The judge is a product of the society and culture where he comes from and is. The function of the judiciary is to decide disputes between individuals and individuals, individuals and communities, even individuals or society and the state; forming or making a policy or policy.</p><p align="center">[]</p><p><em>Tujuan penulisan ini adalah mengetahui peranan peranan hakim dalam menghadapi perkembangan masyarakat. Hakim merupakan bagian dari struktur penting cabang kekuasaan kehakiman di Indonesia. Kekuasaan Kehakiman merupakan kekuasaan yang merdeka untuk menyelenggarakan peradilan guna menegakkan hukum dan keadilan. Hakim diberi wewenang untuk mengadili. Hakim memiliki peranan penting sebagai aparat penegak hukum dalam proses penegakan hukum di Indonesia, sehingga harus memperhatikan tujuan hukum. Peranan hakim memiliki konsekuensi terhadap pertanggungjawaban hakim yang sangat berat, dimana hakim memiliki tanggung jawab terhadap tuhan yang maha esa, terhadap bangsa dan negara, terhadap diri sendiri, terhadap hukum, terhadap para pihak dan terhadap mayarakat. Hakim dan masyarakat merupakan unsur yang tidak bisa dilepaskan dalam suatu sistem hukum. Hakim sebagai produk masyarakat dan budaya tempat dia berasal dan berada. Fungsi kehakiman adalah memutus sengketa antara individu dengan individu, individu dengan masyarakat, bahkan individu atau masyarakat dengan negara; membentuk atau membuat policy atau kebijakan.</em></p>

scholarly journals IMPIAN YANG TERABAIKAN

2019 ◽  
Vol 4 (II) ◽  
pp. 181-204
Author(s):  
Amrunsyah
Keyword(s):  
Law Enforcement ◽  
Legal Culture ◽  
The State ◽  
Legal Issues ◽  
Legal Certainty ◽  
The Public ◽  
Legal Structure ◽  
The People ◽  
The Law ◽  
The Government

This paper is entitled "The Neglected Dream" (Implementation of the Purpose of Law and Criminal Law in Indonesia). Law and the purpose of law have interrelated and inseparable links. The law always plays an important role in a country even the law has a multifunction with the aim of the public good in order to achieve justice, legal certainty, order, expediency, and others. However, this is far from the fire. That is, the public is only given the wind of heaven and dreams that wash away while the state authorities use the law as a tool to suppress society, so that society can be positioned in accordance with the desires of the state authorities. The implementation of the law and the purpose of the law in force in Indonesia is clearly visible, so through a number of legal theories set forth in this paper will be a little stomping for anyone who understands it when compensating for the facts that occur in the midst of society. In fact, for people who want to get legal justice but in reality are entangled in the law. The government should be serious in responding to this because the people have given full mandate to manage this country, including in dealing with legal issues, both in terms of legal structure, legal substance and legal culture played by law enforcement.

EFEKTIVITAS PENDEKATAN RULE OF REASON DALAM PENEGAKAN HUKUM PERSEKONGKOLAN TENDER BERDASARKAN UNDANG-UNDANG NOMOR 5 TAHUN 1999 TENTANG LARANGAN PRAKTIK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT

2019 ◽  
Vol 7 (1) ◽  
pp. 80
Author(s):  
Bambang Eko Nugroho , ◽  
Munawar Kholil ,
Keyword(s):  
Law Enforcement ◽  
Qualitative Method ◽  
Economic Condition ◽  
Secondary Data ◽  
Literature Study ◽  
Rule Of Reason ◽  
Data Completion ◽  
Empirical Law ◽  
The Law

<p>Abstrack<br />This article describes and examines the problem, firstly whether the arrangement of the Rule of Reason <br />approach in enforcement of tender conspiracy can be effectively implemented. This study is a descriptive <br />empirical law study. Types of primary and secondary data. Data completion technique used is interviews, <br />observation, and literature study with interactive qualitative method. The law enforcement of tender <br />conspiracy by using the rule of reason approach so far can be effectively implemented by the Business <br />Competition Supervisory Commission, by making the factor of law and economic condition and procedure <br />of the Commission of Business Competition Supervisor itself. <br />Keywords: Legal Effectiveness; Rule of Reason; KPPU; Tendering Conspiracy</p><p>Abstrak<br />Artikel  ini  mendeskripsikan  dan  mengkaji  permasalahan,  pengaturan  pendekatan  Rule  of  Reason <br />dalam  penegakan  hukum  persekongkolan  tender  dapat  efektif  dilaksanakan.  Penelitian  ini  adalah <br />penelitian  hukum  empiris  bersifat  deksriptif.  Jenis  data  primer  dan  sekunder. Teknik  pengumpulan <br />data yang digunakan adalah wawancara, observasi dan studi kepustakaan, selanjutnya teknis analisis <br />yang digunakan adalah metode kualitatif interaktif. Penegakan hukum persekongkolan tender dengan <br />menggunakan pendekatan rule of reason sejauh ini efektif dilaksanakan oleh Komisi Pengawas Persaingan <br />Usaha, dengan menjadikan faktor keadaan dari segi hukum dan segi ekonomi maupun prosedur teknis <br />dari Komisi Pengawas Persaingan Usaha itu sendiri.<br />Kata Kunci : Efektivitas Hukum; Rule of Reason; KPPU; Persekongkolan Tender</p>

scholarly journals NAWACITA AND THE LAW ENFORCEMENT OF CIVIL STATE APPARATUS IN CONSTITUTIONAL LAW PERSPECTIVES IN INDONESIA

2017 ◽  
Vol 4 (2) ◽  
pp. 201
Author(s):  
Jawade Hafidz
Keyword(s):  
Law Enforcement ◽  
Constitutional Law ◽  
Law Enforcement Officers ◽  
Legal Culture ◽  
Legal Structure ◽  
Presidential Decree ◽  
Key Factor ◽  
The Law ◽  
The Government ◽  
Substantive Law

“Nawacita” and Constitutional Law needs to be a legal approach to make improvements to the legal system, in order to encourage enforcement of the law with justice, then at least have to involve three pillars consisting of: (1) the substantive law (legal substance), which include legislative reform; (2) legal structure (law structure), including human resources law-enforcement officers (human resource), entered in it anyway coordination among law enforcement officers; and (3) the legal culture (legal culture), both culture and public law enforcement officers or citizens in general.Then, constitutional law and can be answered correctly, can be practiced within their Constitutional Act and may be unenforceable government in running the government. The key factor to keep in mind is eliminating ego-sectoral government agencies. Do not stop until the Act, a similar effort was also made to the laws which are in the executive area, such as government regulations, a presidential decree and ministerial regulation

scholarly journals PELAKSANAAN DISKRESI APARATUR SIPIL NEGARA DALAM RANGKA PENEGAKAN HUKUM

2020 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
Rossi Suparman
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Primary Data ◽  
The Public ◽  
Government Administration ◽  
Legal Position ◽  
The Law ◽  
The Republic ◽  
The Government ◽  
National Police

Secreted as an action or decision that can be used by the state civil service (ASN) under certain conditions, in carrying out the law enforcement duties of civil servants especially the police the authority to use discretion can be applied according to the conditions needed in the context of law enforcement, but after the enactment of Law Number 30 of 2014 concerning Government Administration requires clarity regarding the position of discretion in law enforcement. The method used is a normative approach using secondary and primary data that is analyzed qualitatively. The results showed (1) That the enactment of the Law on Government Administration is an effort to provide a legal position for discretion within the State Civil Apparatus. Discretion is regulated more clearly, from the definition, the limit according to the law, the limit is issued by the authorized official, the purpose, scope, conditions, use of discretion and approval procedures, and the consequences of discretionary law. (2) POLRI in its position as a law enforcement apparatus has the function of enforcing law in the judicial field both preventive and repressive. So with the discretionary authority in the judicial field as stipulated in Law No. 2 of 2002 in Article 18 paragraph (1) that "In the public interest of the Republic of Indonesia National Police officials in carrying out their duties and authorities can act according to their own judgment". (3) that in the relationship between the implementation of discretion according to the Government Administrative Law and the Police Law of the Republic of Indonesia there is an expansion of the purpose of police discretion in law enforcement, which is not only to create and maintain security and order, but also to launch and overcome obstacles in the process of law enforcement.Keywords : Discretion, State Civil Apparatus, Law Enforcement.

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