Adaptiveness of Traditional Judicial Systems to Digital Forms of Evidence

“Digital India” scheme announced by current administration initially had many detractors. But with its finger on the correct pulse of Young, Emergent India, much facilitations were provided with the sole aim to bridge technology with the masses. Hence today smart phones, laptops and computers have become house-hold names even in previously inaccessible areas. But on the down-side we also see a severe increase in crimes committed using computers and internet. Technology is an ever-changing phenomenon. It keeps changing, updating and even reviving itself. Crime has parallelly evolved with the evolution of newer technologies and high-end equipments and tool. With the metamorphosis of criminal-activities from physical world to digital realm, a perpetrator can easily plan, execute and accomplish a crime without being actually physically present at the site of crime, thus making it difficult for investigators, law enforcement officials and traditional legal systems completely depending on physical evidence to recognize the real culprit or to determine guilt and decide the degree of punishment. Using a desktop system or a laptop or even a Smartphone, the criminal can exploit the power of internet, Bluetooth ,Wi-Fi technologies , 4G data-transfer speeds and web-servers to execute an unlawful act sitting miles away from the place where the actual crime happens thereafter leaving absolutely no physical trail of the execution of the offence. Under these conditions, it becomes imperative to utilize digital footprints as they are the only way to determine the factuality of execution of an unlawful act and to identify the real culprit. As the guiding principle of IPC goes "Innocent until proven guilty", digital footprints have to be given their rightful due in the existing Judicial system to help in confirming execution of an unlawful act, detecting the actual culprit and determining the amount of punishment. This paper attempts to highlight the significance of digital footprints and usage of the same by the existing Justice Systems to corroborate, attest and substantiate the execution of an unlawful act.

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BIAS GENDER DALAM PENANGANAN KASUS KEKERASAN TERHADAP PEREMPUAN SECARA LITIGATIF

Populasi ◽

10.22146/jp.12285 ◽

2006 ◽

Vol 12 (2) ◽

Author(s):

Irwan Abdullah ◽

Siti Ruhaini Dzuhayatin ◽

Dyah Pitaloka

Keyword(s):

Law Enforcement ◽

Gender Bias ◽

Violence Against Women ◽

Legal System ◽

Laws Of Nature ◽

Men And Women ◽

The Real ◽

Law Enforcement Officials ◽

Strong Culture ◽

Legal Procedures

The ongoing raise of violence against women shows that the issue refers to the problem of gender in its various dimensions. This is due to beliefs that the differences between men and women are laws of nature- have long been socially propagated. Aside from that, a strong culture of patriarchy has also been put women on powerless positions, as reflected in the handling of violence's cases through legal processes. This article is intended to analyse the problem through three major aspects. pirst, the law has a strong bias towards women as victims, in particular men as perpetrators of detrimental acts towards women. Second, bias in legal procedures which should be administered in the whole processes of litigation which occurs in a lot of violence's cases. Third, the attitude of law enforcements which stand opposed women both as the real victims and culturally as the subordinated classes.The article has showed that the performance of law-enforcement officials in dealing with violence against women has remained remarkably low.The main cause of such violence, may be due to the classic gender bias in the perspective of our legal system which has been reflected in the forms of the patriarchal order of society.

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Rapport in the real world: How law enforcement defines and builds rapport with adult witnesses and suspects

PsycEXTRA Dataset ◽

10.1037/e571212013-097 ◽

2013 ◽

Author(s):

Jonathan P. Vallano ◽

Jacqueline Evans ◽

Jenna Kieckhaefer ◽

Nadja Schreiber Compo

Keyword(s):

Law Enforcement ◽

Real World ◽

The Real

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KONSEP RESTORATIVE JUSTICE MELALUI MEDIASI PENAL DALAM PENYELESAIAN PERKARA PIDANA BERMOTIF RINGAN PADA MASYARAKAT ADAT KAMPUNG KUALA GASIB DI KECAMATAN KOTO GASIB KABUPATEN SIAK

JURNAL HUKUM DAS SOLLEN ◽

10.32520/das-sollen.v1i4.333 ◽

2018 ◽

Vol 1 (4) ◽

Author(s):

ELMA YANTI

Keyword(s):

Law Enforcement ◽

Restorative Justice ◽

Indigenous People ◽

Criminal Case ◽

Criminal Cases ◽

Legal Research ◽

Direct Participation ◽

Criminal Offenses ◽

Differences Of Opinion ◽

Law Enforcement Officials

The settlement of criminal offenses with mild motives can be carried out by reasoning penal mediation called the restorative justice approach, which focuses on the direct participation of perpetrators, victims and the community. The research that use in this study is sociological legal research (social legal research). The concept of restorative justice through reasoning penal mediation in the settlement of a mildly criminal case for the indigenous people of village kuala gasib in koto gasib siak, was carried out with the intermediary of the headman. Headman as customary village heads and as government administrators have an important role in creating peace efforts in resolving disputes that occur in the community, one of which is through the settlement of criminal cases by reasoning penal mediation with the concept of restorative justice. The constraints of the concept of restorative justice through reasoning penal mediation in the settlement of mildly criminal cases for the indigenous people of village kuala gasib in koto gasib siak are: a) The absence of a special law mediation of regulation, b) Lack of facilities and infrastructure in mediating, c) Lack of mediator skills for village head to reconcile the parties to the dispute, d) There are differences of opinion among law enforcement officials about the concept of restorative justice through penal mediation

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Recommendations of The Ombudsman’s Dilemma: Between Law Enforcement Officials and Protection of Credibility

International Conference of Moslem Society ◽

10.24090/icms.2018.1809 ◽

2018 ◽

Vol 2 ◽

pp. 1-12

Author(s):

Dyah Adriantini Sintha Dewi

Keyword(s):

Law Enforcement ◽

Public Service ◽

Public Services ◽

Point Of View ◽

Law Enforcement Officials ◽

Muslim Majority ◽

The Republic ◽

The Government ◽

The One ◽

Oversight Body

The Ombudsman as an external oversight body for official performance, in Fikih Siyasah (constitutionality in Islam) is included in the supervision stipulated in legislation (al-musahabah al-qomariyah). Supervision is done so that public service delivery to the community is in accordance with the rights of the community. This is done because in carrying out its duties, officials are very likely to conduct mal administration, which is bad public services that cause harm to the community. The Ombudsman is an institution authorized to resolve the mal administration issue, in which one of its products is by issuing a recommendation. Although Law No. 37 of 2018 on the Ombudsman of the Republic of Indonesia states that the recommendation is mandatory, theombudsman's recommendations have not been implemented. This is due to differences in point of view, ie on the one hand in the context of law enforcement, but on the other hand the implementation of the recommendation is considered as a means of opening the disgrace of officials. Recommendations are the last alternative of Ombudsman's efforts to resolve the mal administration case, given that a win-win solution is the goal, then mediation becomes the main effort. This is in accordance with the condition of the Muslim majority of Indonesian nation and prioritizes deliberation in resolving dispute. Therefore, it is necessary to educate the community and officials related to the implementation of the Ombudsman's recommendations in order to provide good public services for the community, which is the obligation of the government.

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ANALISIS ABORSI DALAM PERATURAN PEMERINTAH NO. 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI

KESMAS UWIGAMA: Jurnal Kesehatan Masyarakat ◽

10.24903/kujkm.v4i1.295 ◽

2018 ◽

Vol 4 (1) ◽

pp. 1

Author(s):

Ferry Fadzlul Rahman

Keyword(s):

Law Enforcement ◽

Reproductive Health ◽

Government Regulation ◽

Medical Emergency ◽

Rape Victims ◽

Negative Effects ◽

Law Enforcement Agencies ◽

Community Factors ◽

Law Enforcement Officials ◽

The Government

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form. Keywords: Abortion, , Reproductive Health

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ANALISIS DEKRIMINALISASI ABORSI DALAM PERATURAN PEMERINTAH NO. 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI

KESMAS UWIGAMA: Jurnal Kesehatan Masyarakat ◽

10.24903/kujkm.v2i2.315 ◽

2016 ◽

Vol 2 (2) ◽

pp. 80

Author(s):

Ferry Fadzul Rahman

Keyword(s):

Law Enforcement ◽

Reproductive Health ◽

Government Regulation ◽

Medical Emergency ◽

Rape Victims ◽

Negative Effects ◽

Law Enforcement Agencies ◽

Community Factors ◽

Law Enforcement Officials ◽

The Government

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SEARCH FOR AND SEIZURE OF EVIDENCE IN CYBER ENVIRONMENTS: A LAW-ENFORCEMENT DILEMMA IN SOUTH AFRICAN CRIMINAL PROCEDURE

Journal of Law Society and Development ◽

10.25159/2520-9515/874 ◽

2014 ◽

Vol 1 (1) ◽

pp. 48-67

Author(s):

Vinesh M Basdeo ◽

Moses Montesh ◽

Bernard Khotso Lekubu

Keyword(s):

Law Enforcement ◽

South African ◽

Legal System ◽

Criminal Procedure ◽

Integrated Approach ◽

Physical World ◽

Legal Framework ◽

Time Zone ◽

Legal Sanctions ◽

Domestic Affairs

Investigating, deterring and imposing legal sanctions on cyber-criminals warrants an international legal framework for the investigation and prosecution of cybercrime. The real-world limits of local, state and national sovereignty and jurisdiction cannot be ignored by law-enforcement officials. It can be a strenuous task to obtain information from foreign countries, especially on an expedited basis – more specifically when the other country is in a different time zone, has a different legal system, does not have trained experts and uses different languages. In South Africa existing laws appear to be inadequate for policing the cyber realm. The effects and impact of information technology on the legal system have not yet received the attention they warrant. The challenges presented by the electronic realm cannot be solved merely by imposing existing criminal and criminal procedural laws which govern the physical world on cyberspace. The electronic realm does not necessarily demand new laws, but it does require that criminal actions be conceptualised differently and not from a purely traditional perspective. Sovereignty and the principle of non-interference in the domestic affairs of another state are fundamental principles grounding the relations between states; they constitute an important mechanism in the armoury of criminals. The harmonisation and enactment of adequate and appropriate transborder coercive procedural measures consequently play a pivotal role in facilitating effective international cooperation. This article examines the efficacy of South African laws in dealing with the challenges presented by police powers to search for and seize evidence in cyber environments. It analyses the rudimentary powers that exist in South African criminal procedure regarding the search for and seizure of evidence in cyber environments, and compares them against the backdrop of the more systemic and integrated approach proposed by the Cybercrime Convention.

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The Law Enforcement Weakness of Songs and Musics Copyright Crimes

Jambura Law Review ◽

10.33756/jlr.v3i1.7710 ◽

2021 ◽

Vol 3 (1) ◽

pp. 139-154

Author(s):

Edi Tuahta Putra Saragih ◽

Muhammad Citra Ramadhan ◽

Isnaini Isnaini

Keyword(s):

Law Enforcement ◽

Research Method ◽

Cultural Factor ◽

Legal Research ◽

The Real ◽

The Law ◽

Real Picture

This research aimed to: (a) obtain the forms of copyright infringement of songs and/or music (with or without lyrics); (b) understand the role of the police, in this case the Police Precinct, in the law enforcement; (c) identify the factors that influenced the law enforcement. The research method used the normative-empirical legal research, with the initial stages of specifying norms in order to get the proper picture, and then specifying empirical events in order to get the real picture. The research results showed several matters: 1) The forms of copyright infringement of songs and/or music (with or without lyrics) found included: the distribution of the works or the copies, the performances of the works, and the announcements of the works; 2) Police Precinct did notultimately carry out their role as a law enforcer for the copyright infringement of songs and/or music (with or without lyrics); and 3) The factors that influenced the law enforcement on the copyright infringement of songs and/or music (with or without lyrics), namely: legislation factor, in the matter of complaint offenses; law enforcement factor, in terms of the capacity of members; less supportive factor of facilities and infrastructure; legal awareness factor, in the problem of the lack of legal counseling; and cultural factor, related to the differences in norms in the copyright law between those in society and those in regulations.

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ANAK NAKAL: DIVERSI DAN DILEMA PENERAPANNYA

Jurnal Hukum & Pembangunan ◽

10.21143/jhp.vol39.no4.290 ◽

2009 ◽

Vol 39 (4) ◽

pp. 418

Author(s):

Eva Achjani Zulfa

Keyword(s):

Criminal Justice ◽

Law Enforcement ◽

Criminal Justice System ◽

Justice System ◽

Law Enforcement Officers ◽

Management Policy ◽

Criminal Case ◽

Judicial Process ◽

Law Enforcement Officials ◽

Discourse Management

AbstrakHandling problems through brat children and children who have problems with the law have occurred again when some kids sticking a gamble being arrested at near Soekarno Hatta Airport areas then processed into the judicial process. Diversion is a form of change the process by which a program can only take place on hold pre-adjudication in the criminal justice system. Forms of transfer or diversion of this case are indeed associated with the authority possessed discretion of law enforcement officers. Giddiness has appeared in the process of implementation of diversion by law enforcement officials, the search for forms of application of the criminal case handlingchild has become a growing discourse management. Policy taken toward the institution of criminal diversion not only becomes demand for law enforcement officers, but also must be institutionalized through plain legal mechanisms. It becomes author's concern to create more certain procedures to brighten solve on deviant children in this way

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EFEKTIVITAS PENEGAKAN HUKUM TERHADAP PRODUSEN MAKANAN DI INDONESIA

Jurnal Gagasan Hukum ◽

10.31849/jgh.v1i02.7696 ◽

2019 ◽

Vol 1 (02) ◽

pp. 146-161

Author(s):

Ruli Purnamasari ◽

Solihan Solihan ◽

Viyola Azzahra

Keyword(s):

Law Enforcement ◽

Consumer Protection ◽

Criminal Responsibility ◽

Health And Safety ◽

Food Products ◽

Health Law ◽

Legal Research ◽

Consumer Protection Act ◽

Food Law ◽

Law Enforcement Officials

Abstrak Efektivitas penegakan hukum terhadap produsen makanan berbahaya menuju Indonesia Sehat 2025 tersebut didasarkan apabila pelaku usaha memproduksi dan memperdagangkan produk makanan yang mengandung bahan kimia serta membahayakan kesehatan dan keselamatan konsumen, maka pelaku usaha/produsen melanggar Undang-Undang Nomor 36 Tahun 2009 tentang Kesehatan, Undang-Undang Nomor 18 Tahun 2012 tentang Pangan, Undang-Undang Nomor 8 Tahun 1999 tentang perlindungan Konsumen. Penelitian ini merupakan penelitian hukum normative yang bertujuan untuk mengetahui Faktor yang mempengaruhi terhadap efektivitas penegakan hukum terhadap produsen makanan berbahaya menuju Indonesia Sehat 2025. Faktor hukumnya, yaitu lemahnya sanksi terhadap pelanggarnya, proses penanganan masalah berbelit-belit, kurang profesionalnya para aparatur penegak hukum dan kurangnya koordinasi antar penegak hukum. Tanggung jawab pidana produsen terhadap kerugian yang diderita konsumen akibat makanan berbahaya yang diproduksi, dipasarkan, ditawarkan dan diperdagangkannya, secara yuridis, dalam konsepsi Undang-Undang Perlindungan Konsumen dan peraturan perundang-undangan terkait lainnya. THE EFFECTIVENESS OF LAW ENFORCEMENT ON FOOD MANUFACTURERS IN INDONESIA Abstract The effectiveness of law enforcement against dangerous food producers towards Healthy Indonesia 2025 is based on if business actors produce and trade food products that contain chemicals and endanger the health and safety of consumers, then the business actor/producer violates Law Number 36 of 2009 concerning Health, Law No. Law Number 18 of 2012 concerning Food, Law Number 8 of 1999 concerning Consumer Protection. This research is a normative legal research that aims to determine the factors that influence the effectiveness of law enforcement against producers of dangerous food towards Healthy Indonesia 2025. The legal factors are the weakness of sanctions against violators, the process of handling problems is complicated, the lack of professionalism of law enforcement officials and the lack of coordination between law enforcement. The producer's criminal responsibility for the loss suffered by the consumer due to the dangerous food produced, marketed, offered and traded, legally, in the conception of the Consumer Protection Act and other relevant laws and regulations. Keywords: Effectiveness, Law Enforcement, Food Producers

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