scholarly journals ANALYSIS OF RASIOLEGIS OF HONORS AGAINST ETHICS ENFORCEMENT ADVOCATE PROFESSION

2018 ◽  
Vol 2 (2) ◽  
pp. 177
Author(s):  
Dr Agus Pramono
Keyword(s):  
Law Enforcement ◽  
Professional Ethics ◽  
Code Of Ethics ◽  
Secondary Data ◽  
Primary Data ◽  
Judicial Process ◽  
Advocacy Organizations ◽  
The Supreme Court ◽  
Circular Letter ◽  
The Republic

<p>This paper aims to analyze the legal counselors' advocacy against the enforcement of advocate professional ethics. An advocate Honorary Board as an<br />institution formed by a functioning Advocate Organization and authorized to oversee the implementation of the Advocate's code of ethics. This is so that every advocate as a profession holder remains in professional values, is responsible and upholds the profession he holds, considering that the Advocate's status as Law Enforcement is one of the instruments in the judicial process which has an equal position with other Law Enforcement. This study uses a normative juridical approach, and secondary data as the main data supported by primary data. The secondary data in the form of primary, secondary and tertiary legal materials are analyzed qualitatively. Based on the analysis revealed that in Law No. 13 of 2003 concerning Advocates, stated that Peradi was the sole forum for advocacy organizations but with the presence of KAI coupled with divisions in Peradi's body which finally issued a Circular Letter of the Supreme Court of the Republic of Indonesia No. 73 KMA / HK.01 / IX / 2015 the application or  xecution of decisions against violations of the code of ethics by advocates is difficult to implement.</p>

scholarly journals Kebijakan Kepolisian Sektor Pemayung dalam Penyelesaian Tindak Pidana Penganiayaan Secara Restoratife Justice

Wajah Hukum ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 592
Author(s):  
Ahmad Zulfikar
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Justice System ◽  
Secondary Data ◽  
Primary Data ◽  
Police Chief ◽  
Criminal Cases ◽  
Police Report ◽  
The Republic ◽  
National Police

Efforts to overcome crime through peace based on Restorative Justice, namely justice for all parties are greatly missed by everyone. In carrying out law enforcement duties, the State Police Investigator of the Republic of Indonesia has the duties, functions, and authorities in the field of investigating criminal acts in accordance with the applicable laws and regulations. Based on the Regulation of the National Police Chief Number .6 of 2019 concerning Criminal Investigation, it has a role to carry out prevention efforts without having to use the Criminal Justice System (SPP), namely by resolving cases through the peace process. This process is due to the desire of the community who wants the case to be completed immediately and no longer be complicated. The resolution can be supported by the police's discretionary authority so that the type of research is descriptive empirical juridical, using primary data by means of interviews and secondary data by means of documentation studies. Then all data were processed using qualitative data analysis. Based on the research results, the Pemayung Police Sector policy is to settle criminal cases peacefully (penal police), or through the settlement of criminal cases involving the perpetrator, victim and/or their family and related parties, with the aim of achieving justice for all parties/restorative justice can be carried out, if it does not cause public unrest or there is no community rejection, it will not have an impact on social conflict and the case is still in the process of investigation and investigation. So that it can be directed to a settlement by conducting mediation to the parties, both the victim and the suspect. From the results of the mediation, it was agreed by the parties, both from the reporting party and the reported party as a suspect, admitting all his actions. And from the results of the mediation there was an agreement with the parties (victim and suspect) and a letter of peace was made and the revocation of the Police Report by the victim but after that, the victim came and asked again for the case to be continued, the investigator explained that the agreement had become an agreement of both parties and was binding and the investigation has been discontinued.

scholarly journals Penyelenggaraan Operasional Anggota Patroli Jalan Raya dalam Melaksanakan Tugas Pengawalan VVIP Maupun VIP di Wilayah Hukum Polda Bali Menurut Undang-undang Nomor 22 Tahun 2009

2021 ◽  
Vol 2 (3) ◽  
pp. 671-676
Author(s):  
Berliana Indah Sari ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Government Regulation ◽  
Road Traffic ◽  
Code Of Ethics ◽  
Secondary Data ◽  
Standard Operating Procedure ◽  
Primary Data ◽  
Police Chief ◽  
Professional Code ◽  
Standard Operating ◽  
The Republic

In the jurisdiction of the Bali Police, there are also VIP and VVIP escorts which are special escorts from the Police for working visits of government officials visiting the Unitary State of the Republic of Indonesia. In carrying out these mentoring activities, it must be in accordance with the established Standard Operating Procedure (SOP). This study aimed to examine the legal arrangements regarding the security of escorts carried out by Polri members on the way to their destination and reveal the sanctions received by Polri members in carrying out escorts that are not in accordance with Standard Operating Procedures. This study used a normative legal approach to problems and legislation. Sources of data used were primary data and secondary data obtained through reading and taking notes. Furthermore, the data were analyzed descriptively qualitatively. The results of the study indicated that the right to escort is also regulated in Law No. 22 of 2009 Article 134 concerning Road Traffic and Transportation. Sanctions received by Polri members who do not enforce discipline in escort are contained in Government Regulation of the Republic of Indonesia Number 2 of 2003 concerning Discipline of Polri Members or sanctions for violating the implementation of Polri's professional code of ethics as regulated in National Police Chief Regulation Number 14 of 2011 concerning Polri's Professional Code of Ethics.

scholarly journals Law Enforcement Against Policies Who Breached The Code Of Conduct

2020 ◽  
Vol 3 (3) ◽  
pp. 313
Author(s):  
Alvi Syahri
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Government Regulation ◽  
Code Of Ethics ◽  
Public Awareness ◽  
Descriptive Analysis ◽  
Primary Data ◽  
Literature Study ◽  
Central Java ◽  
The Republic

The purpose of this research to find out and analyze law enforcement against police officers who violate the code of ethics in carrying out their duties at Central Java Police, obstacles and solving obstacles. This study uses a sociological juridical approach with descriptive analysis research specifications. The data used are primary data and secondary data obtained through interviews and literature study. The data analysis method used is qualitative analysis. Furthermore, based on the research results it can be concluded: Law enforcement against police officers who violate the code of ethics in carrying out their duties at the Central Java Regional Police refers to Act No. 2 of 2002 concerning the Police, Government Regulation of the Republic of Indonesia Number 2 of 2003 concerning Disciplinary Regulations for Members of the National Police and Regulation of the Chief of Police No. Pol. 14 of 2011 concerning the Professional Code of Ethics for the State Police of the Republic of Indonesia. Several factors that hinder law enforcement against unscrupulous police officers who violate the code of ethics are divided into internal factors: Leaders who have not fully paid attention to the implementation of disciplinary law enforcement duties for Polri members, level of discipline, awareness and compliance of Polri members with binding disciplinary regulations and applies to him is still relatively low so that disciplinary violations keep happening, Polri's disciplinary law enforcement often appears to lack transparency. External factors: Lack of public awareness in conducting supervision and complaints when there are people who violate them.Keywords: Law Enforcement; Police Officers; Offenses; Code of Ethics.

The Role of The Notary Honorary Assembly in Law Enforcement Following The Change of Article 66 of Law No. 30 Of 2004 on Notary Positions

Authentica ◽  
2021 ◽  
Vol 3 (2) ◽  
pp. 206-219
Author(s):  
Annisa Ayu Rachmayanti
Keyword(s):  
Law Enforcement ◽  
Code Of Ethics ◽  
Secondary Data ◽  
Primary Data ◽  
Public Enforcement ◽  
Community Needs ◽  
Notary Public ◽  
And Function ◽  
Role And Function

The role and function of the Notary has experienced very rapid progress other than because of the very high community needs but also awareness of legal certainty related to an engagement. Notaries in carrying out their duties and positions are bound by the rules of office and are also bound by a code of ethics as a guide to the behavior of the Notary profession. This supervision is carried out by institutions that have been given the mandate based on applicable laws. The data used are secondary data and primary data as a complement to secondary data. The method used in this research is the normative juridical approach. The research results obtained by the Notary Honorary Council have a role in the supervision, guidance and protection of the notary public. Enforcement of law includes the role of supervision carried out by giving approval or rejection of the summon of the Notary and photocopy of a notary deed due to a request from the investigator or judge. Keywords: Role, Notary Honor Council, Law Enforcement

scholarly journals Penerapan Etika Profesi oleh Notaris dalam Memberikan Pelayanan Jasa Kepada Klien

Acta Comitas ◽  
2019 ◽  
Vol 3 (3) ◽  
pp. 426
Author(s):  
Luh Putu Cynthia Gitayani
Keyword(s):  
Professional Ethics ◽  
Code Of Ethics ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Services ◽  
Public Official ◽  
The Public ◽  
Library Research ◽  
Analysis Technique ◽  
Legal Effect

Notary as a public official authorized in the matter of making authentic deeds is the goal of the state in creating legal certainty for the community. Notary are required to provide legal services to people who need their services. In a broad context service is defined not only making a deed, legalizing the deeds under their hands, providing legal counsel or counseling concerning notary areas, but in addition the notary is also tasked with some aspects of facilitating the public to obtain information about the requirements for making authentic deed and hospitality of notary with their employees in serving clients. All of these things are part of full activity of the notary in carrying out his profession. The problems in this research is about the effectiveness of the application of professional ethics by a notary and the legal effect of a notary who does not carry out professional ethics in providing services to clients. This research is an empirical legal research, with using primary data sources and secondary data, collected by library research techniques and interview techniques, and analyzed by qualitative data analysis technique. The results of this study indicate that notary in carrying out their duties and positions must pay attention to the profession of ethics that they carry out, especially in providing services to clients. Legal services carried out by a notary are required to refer to and obey the provisions of the UUJN and the Notary Profession Code of Ethics. This obedience aims to ensure the notary profession in the community does not reduce the dignity and nobility of the notary profession. Notaris sebagai pejabat umum yang berwenang dalam hal pembuatan akta otentik merupakan tujuan negara dalam menciptakan kepastian hukum bagi masyarakat. Notaris wajib memberikan pelayanan jasa terhadap masyarakat yang membutuhkan jasanya. Pelayanan diartikan dalam konteks yang luas tidak hanya membuat akta, melakukan legalisasi akta di bawah tangan, memberikan konsultasi atau penyuluhan hukum yang menyangkut bidang kenotariatan, tetapi di samping itu notaris juga bertugas terkait dengan sejumlah aspek pemberian kemudahan masyarakat mendapatkan informasi tentang persyaratan untuk pembuatan akta otentik, serta keramahan notaris beserta pegawainya dalam melayani klien. Keseluruhan hal tersebut merupakan bagian dari aktivitas penuh notaris dalam menjalankan profesinya. Permasalahan dalam penelitian ini yaitu mengenai efektivitas penerapan etika profesi oleh notaris dan akibat hukum terhadap notaris yang tidak melaksanakan etika profesi dalam memberikan pelayanan jasa kepada klien. Penelitian ini merupakan penelitian hukum empiris dengan sumber data primer dan data sekunder, yang dikumpulkan melalui teknik studi kepustakaan dan wawancara, serta dianalisis dengan teknik analisis data kualitatif. Hasil penelitian ini menunjukkan bahwa seorang notaris harus memperhatikan etika profesi jabatan yang diembannya terutama dalam memberikan pelayanan jasa kepada klien. Pelayanan jasa yang dilakukan oleh seorang notaris wajib mengacu dan taat pada ketentuan UUJN serta Kode Etik Notaris. Acuan dan ketaatan ini bertujuan agar pelaksanaan profesi notaris dalam mengabdi pada masyarakat tidak menurunkan harkat dan martabat, serta keluhuran profesi notaris.

scholarly journals THE COMPARISON BETWEEN THE JUDICIAL COMMISSION OF THE REPUBLIC OF INDONESIA AND THE NETHERLANDS COUNCIL FOR THE JUDICIARY

2019 ◽  
Vol 6 (1) ◽  
pp. 40
Author(s):  
Suparto Suparto
Keyword(s):  
The Netherlands ◽  
Supreme Court ◽  
Code Of Ethics ◽  
Secondary Data ◽  
European Countries ◽  
Judicial Power ◽  
Constitutional Court ◽  
The Supreme Court ◽  
The Republic ◽  
Personnel Administration

The purpose of this study is to analyze the position and authority of the Judicial Commission of the Republic of Indonesia and its comparison to the Netherlands Council for the Judiciary. This comparative study applied a normative juridical method. The data used in this study were secondary data. The collected data were then analyzed qualitatively. The results showed that Judicial Commission has an important position in judicial system in Indonesia so as structurally, its position is aligned with the Supreme Court and the Constitutional Court of the Republic of Indonesia. Yet, functionally, its role is auxiliary to the judicial power institutions. Although the function of the Judicial Commission is related to judicial power, but the Judicial Commission is not an agent of judicial power, rather, it is an agency enforcing code of ethics of judges. Besides, the Judicial Commission is also not involved in the organization, personnel, administration and financial matters of judges. This condition is different from the Judicial Commission in European countries, such as the Netherlands. The Judicial Commission in the Netherlands (The Netherlands Council for the Judiciary) has an authority in the area of technical policy and policy making in the field of justice. The Netherlands Council for the Judiciary and other Judicial Commission in European countries generally have the authority in managing organization, budget and administration as well as in conducting promotions, transfers, and recruitments as well as imposing sanctions on judges. Thus, the Supreme Court only focuses on carrying out judicial functions and does not deal with administrative and judicial organization matters.�Tujuan dari penelitian ini adalah untuk mengetahui dan memahami tentang kedudukan dan kewenangan Komisi Yudisial Republik Indonesia serta perbandingannya dengan Komisi Yudisial Belanda. Metode penelitian yang digunakan yaitu yuridis normatif dengan cara perbandingan (komparatif). Data yang digunakan adalah data sekunder sedangkan analisis data dilakukan secara kualitatif. Hasil penelitian yaitu bahwa kedudukan Komisi Yudisial sangat penting, sehinggasecara struktural kedudukannya diposisikan sederajat dengan Mahkamah Agung dan Mahkamah Konstitusi. Namun demikian� secara fungsionalperannya bersifat penunjang (auxiliary) terhadap lembaga kekuasaan kehakiman. Komisi Yudisial meskipun fungsinya terkait dengan kekuasaan kehakiman tetapi bukan� pelaku kekuasaan kehakiman, melainkan lembaga penegak norma etik (code of ethics) dari hakim. Selain itu Komisi Yudisial juga tidak terlibat dalam hal organisasi, personalia, administrasi dan keuangan para hakim. Hal ini berbeda dengan Komisi Yudisial yang ada di negara Eropa misalnya Belanda. Komisi Yudisial di Belanda (Netherland Council for Judiciary) memiliki kewenangan pada area kebijakan teknis dan pembuatan kebijakan pada bidang peradilan.Komisi Yudisial Belanda dan di Eropa pada umumnya mempunyai kewenangan dalam hal mengelola organisasi, anggaran dan administrasi peradilan termasuk dalam melakukan promosi, mutasi, rekruitmen dan memberikan sanksi terhadap hakim. Mahkamah Agung hanya fokus melaksanakan fungsi peradilan yaitu mengadili

scholarly journals PERBANDINGAN TUGAS MEDIATOR PADA PENGADILAN AGAMA INDONESIA DENGAN MAHKAMAH SYARIAH MALAYSIA

2021 ◽  
Vol 6 (2) ◽  
pp. 101
Author(s):  
Mardalena Hanifah
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Secondary Data ◽  
Materials Processing ◽  
Mediation Process ◽  
Legal Research ◽  
Legal Principles ◽  
The Supreme Court ◽  
The Republic ◽  
Religious Courts

Article 3 (2) Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures, Case Examining Judges in the consideration of a decision must state that the case has been pursued peace through mediation by mentioning the mediator. The court is not only tasked with examining, trying, and resolving cases it receives but also seeks to reconcile the parties. The court, which has been impressed as a law enforcement and justice institution, now appears as an institution that seeks peaceful solutions for the parties. The implementation of Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures in Courts can be an eff ort to resolve civil disputes so that the settlement of civil disputes through mediation is the main choice. The research method used is normative legal research which includes research on legal principles which is very basic in guided law. The nature of the research carried out is descriptive, namely research that describes and explains in clear and detailed sentences. The data used are secondary data obtained from literature, consisting of primary, secondary, and tertiary legal materials. Processing and data analysis used qualitative methods. The defi nition of mediation according to the Religious Courts in Indonesia and the Syari’ah Courts in Malaysia is the eff ort of the judges and courts to reconcile the parties so that the divorce process does not continue at the next trial. When the mediation process was carried out at the Indonesian Religious Court and the Syari’ah Court in Malaysia, there was a similarity, namely the mediation process was carried out at the fi rst trial and it was an obligation for the disputing parties in a divorce case to take mediation. according to the procedure for the appointment of mediators at the Indonesian Religious Courts and the Syari’ah Courts in Malaysia and the appointments of these mediators are both made by the judges. 

scholarly journals The Dominance and Influence of Positivism Paradigm on Judicial Decision Making

2018 ◽  
Vol 54 ◽  
pp. 07004
Author(s):  
Tri Laksmi Indreswari
Keyword(s):  
Decision Making ◽  
Law Enforcement ◽  
Secondary Data ◽  
Court Decision ◽  
Pivotal Role ◽  
Primary Data ◽  
Judicial Decision ◽  
Legal Research ◽  
Judicial Process ◽  
Judicial Decision Making

The court plays a pivotal role in the Indonesian law enforcement. The judge is the key component of judicial process and how the judge`s paradigm will give impact on court decision making. Paradigm represents a worldview of judge when handling a case. This paper used double type of legal research, doctrinal and non-doctrinal. Doctrinal legal research is used to obtain the secondary data and non-doctrinal legal research is intended to obtain the primary data. The purpose of this paper is to describe the factual condition of the paradigm on judicial decision making and to explain the influence of positivism paradigm on judge`s role. The result concludes that the judge`s paradigm still dominate by positivism paradigm and judge`s role is only applying the law.

scholarly journals CRIMINAL LAW ENFORCEMENT POLICY ON MINERAL AND COAL MINING BUSINESSES

2020 ◽  
Vol 1 (2) ◽  
Author(s):  
Andre Birawa ◽  
Liliana Tedjosaputro
Keyword(s):  
Law Enforcement ◽  
Coal Mining ◽  
Criminal Law ◽  
Economic Value ◽  
Secondary Data ◽  
Primary Data ◽  
Research Approach ◽  
Enforcement Policy ◽  
Illegal Mining ◽  
The Republic

<p class="BodyAbstract">The implementation of the criminal law enforcement policy on mineral and coal mining businesses (minerba) still occurs several violations of Article 158 of the Law of the Republic of Indonesia No 4 of 2009 (Minerba Law). This journal aims to find out and analyze: 1) criminal law policy in law enforcement on illegal mining businesses according to the Minerba Law; and 2) current law enforcement constraints and future improvements. The normative juridical research approach places secondary data, in the form of primary legal material (Minerba Law) as the main material. Meanwhile, primary data acts as supporting analysis, which is obtained using interview techniques. Secondary data obtained through the study of legal literature, especially Case No. 237 / Pid. Sus / 2018 / PN Jpa. The entire data, analyzed using descriptive qualitative methods. Results: (1) Minerba Act, qualified as administrative criminal law. The criminal provisions are regulated in 8 articles with the threat of imprisonment, confinement and fines. (2) Law enforcement constraints from the Legal Substance dimension is the equalization of all mining activity permits in the form of Mining Business Permits. Legal structure perspective, demands large funding requirements. Internal Legal Culture experiences obstacles in coordination between Police investigators and PPNS. Externally, it explains that people prioritize economic value. In the future, a Rock Mining Permit is required, consistency in the application of article 158 and solid coordination between police and ESDM investigators, as well as education on environmental values.</p>

Acquisition Cost of Land and Building Rights Based on Buying and Selling

Authentica ◽  
2020 ◽  
Vol 2 (1) ◽  
pp. 1-17
Author(s):  
Singgih Permana Adhi
Keyword(s):  
Law Enforcement ◽  
Acquisition Cost ◽  
Secondary Data ◽  
Primary Data ◽  
Research Procedure ◽  
Approach Method ◽  
Transaction Price ◽  
Legal Consequences

The collection of regional taxes and levies must be based on Law Number 28 of 2009 concerning Regional Taxes and Regional Levies, and for the Banyumas Regency area, it has been regulated in Regional Regulation Number 1 of 2011 concerning Regional Taxes in conjunction with Regional Regulation Number 22 of 2016 concerning Amendments to the Second Regulation Region Number 1 the Year 2011 concerning Regional Taxes. One type of tax that is under the authority of the regions is the Fees for Acquisition of Rights on Land and Buildings, hereinafter referred to as BPHTB. The approach method used in thisresearch is the normative juridical approach method. The data used are secondary data and primary data as a complement to secondary data. The results and discussion are the application of BPHTB based on the  sale and purchase of the implementation including the process of filling in the SSPD BPHTB, determining tax objects, tax taxes, calculating taxes, research or validation, and payment. BPHTB is based on the sale and purchase of applications based on the PDRD Law and Regional Tax Regulations, the basis for calculating the BPHTB is the transaction price, therefore based on the Regent Regulation, the RegionalFinance Agency carries out a research procedure (validation) of BPHTB based on buying and selling with the truth of the transaction price value used to calculate BPHTB. PPAT which regulates the deed of transfer of rights, without ta  supervision has been paid and validated giving legal consequences for PPAT in the form of sanctions in the form of fines for each award. Law enforcement of sanctions on administrative fines against PPAT and the procedures for its implementation are not regulated and have not been further regulated in the PDRD Law, Regional Tax Regional Regulations, or in implementing regulations.Keywords: Regional Taxes; Fees for Acquisition of Rights on Land and / or Buildings; Legal Consequencesof Land Deed Making Officials.

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