scholarly journals PERAN BHABINKAMTIBMAS SERTA MASYARAKAT DALAM UPAYA PENCEGAHAN GANGGUAN KEAMANAN DAN PENYELESAIAN SENGKETA DI KABUPATEN LABUHANBATU

2020 ◽  
Vol 8 (2) ◽  
pp. 82-89
Author(s):  
Wahyu Simon Tampubolon
Keyword(s):  
Law Enforcement ◽  
Social Life ◽  
Law Enforcement Officers ◽  
The State ◽  
The Public ◽  
The Republic ◽  
National Police ◽  
And Control ◽  
Mutual Agreement

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

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.

scholarly journals Optimizing The Role of Immigration Civil Servant Investigator in Treating Criminal Actions of People Smuggling

2020 ◽  
Vol 2 (1) ◽  
pp. 35-45
Author(s):  
Doniar Andre Vernanda ◽  
Tony Mirwanto
Keyword(s):  
Law Enforcement ◽  
Civil Servant ◽  
Immigration Law ◽  
Public Prosecutor ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Criminal Sanctions ◽  
Case Files ◽  
National Police

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

scholarly journals Corruption in the Economy of Ukraine

2021 ◽  
Vol 10 (3) ◽  
Author(s):  
Andrii Kofanov ◽  
◽  
Nataliia Pavlovska ◽  
Maryna Kulyk ◽  
Yuliia Tereshchenko ◽  
...  
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Public Life ◽  
Law Enforcement Officers ◽  
The State ◽  
Key Issues ◽  
Internal Affairs ◽  
National Police ◽  
Economic Crimes

The research was conducted on the basis of the method of system analysis and generalization of information obtained during the survey conducted by different categories of law enforcement officers who carry out pre-trial investigation of the said crimes, as well as reports from the Ministry of Internal Affairs of Ukraine, the National Police of Ukraine, National Anti-Corruption Bureau of Ukraine, etc. for 2016-2019. The most relevant motives and methods of committing corruption crimes were analyzed and found that bribery and corruption were the first among economic crimes, and the increase in the number of these crimes was facilitated by the high corruption of state bodies in various spheres of public life. The key issues that will reduce the level of corruption in the state are outlined.

scholarly journals Freedom and The Role of The Press on Law Enforcement Reviewed in The Perspective of Law Number: 40 Of 1999, Concerning The Press

2021 ◽  
Vol 1 (3) ◽  
Author(s):  
Satino Satino ◽  
Yuliana Yuli W ◽  
Iswahyuni Adil
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Good Life ◽  
Public Information ◽  
Press Freedom ◽  
Freedom Of The Press ◽  
The Public ◽  
The Press ◽  
The Republic

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.

scholarly journals The Role of Investigators in Disclosing Corruption Cases of Village Fund Allocation in Kuningan District

2020 ◽  
Vol 7 (1) ◽  
pp. 1
Author(s):  
Bayu Aji Dewantara ◽  
Handri Wirastuti Sawitri ◽  
Nurani Ajeng Tri Utami
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
The State ◽  
Analysis Method ◽  
Full Data ◽  
Administration System ◽  
Fund Allocation ◽  
State Administration ◽  
Community Roles

The number of corruption cases in the state administration system is increasing year after year. One of corruption cases occurred in the state administration system is corruption case of village funds. This study aims to identify the roles of and the obstacles faced by Kuningan District Prosecutor�s Office investigators in disclosing corruption cases of village fund allocation. This qualitative study applied a sociological juridical research method in which the data is presented in a systematic description and is analyzed by employing qualitative data analysis method. The results showed that Kuningan District Prosecutor�s Office investigators as law enforcement officers have a significant role in disclosing corruption cases of village fund allocation, namely identifying the crime of corruption, carrying out actions (full data, full bucket), conducting investigation, checking the suspects� identity, and conducting detention and searches. Further, there are some obstacles faced by Kuningan District Prosecutor�s Office investigators in disclosing corruption cases of village fund allocation, including the mismatch between regulations and actual practices in the field and the lack of human resources, facilities and infrastructures, and community roles.�Peran Penyidik dalam Mengungkap Kasus Korupsi Alokasi Dana Desa di Wilayah Hukum Kabupaten Kuningan�Angka kejadian korupsi dalam sistem penyelenggara negara masih mengalami peningkatan dari tahun ke tahun. Salah satu tindak pidana korupsi yang banyak terjadi dalam sistem penyelenggara negara adalah korupsi dana desa. Penelitian ini bertujuan untuk mengetahui peran dan hambatan penyidik Kejaksaan Negeri Kuningan dalam mengungkap kasus korupsi alokasi dana desa. Penelitian ini merupakan penelitian kualitatif dengan metode penelitian yuridis sosiologis. Data disajikan dalam uraian sistematis dan dianalisa dengan menggunakan metode analisis data kualitatif. Hasil penelitian ini menjelaskan bahwa penyidik Kejaksaan Negeri Kuningan sebagai aparat penegak hukum mempunyai peran yang sangat aktif dalam mengungkap kasus korupsi alokasi dana desa yaitu menemukan adanya tindak pidana korupsi, melakukan tindakan (full data full bucket), melakukan tindakan penyidikan, memeriksa identitas tersangka, melakukan penahanan dan penggeledahan. Terdapat beberapa hambatan yang dialami oleh penyidik kejaksaan dalam mengungkap kasus korupsi alokasi dana desa di antaranya ketidaksesuaian antara peraturan dengan tindakan di lapangan, kurangnya sumber daya manusia, fasillitas dan sarana yang belum memadai dan kurangnya peran masyarakat.

scholarly journals Peranan Advokat Dalam Pembelaan Hukum terhadap Terdakwa Korupsi di Pengadilan Tindak Pidana Korupsi pada Pengadilan Negeri Samarinda (Tinjauan Etika Profesi Hukum)

2019 ◽  
Vol 11 (2) ◽  
pp. 188
Author(s):  
Jaidun Jaidun
Keyword(s):  
Law Enforcement ◽  
Justice System ◽  
Code Of Ethics ◽  
Legal Profession ◽  
Deterrent Effect ◽  
Legal Norms ◽  
The Public ◽  
Legal Provisions ◽  
The Republic

Smart and faithful people will never argue, that the State of the Republic of Indonesia is falling apart, debts mounting, to the point of reaching Rp. 4,000 (Four Thousand) Trillion is due to the crime of corruption that has taken root, curbed, thrived as if allowed to happen continuously. While law enforcement in this country does not provide a judicial verdict that has a deterrent effect for corruptors. It is difficult to understand in general, whether the legal verdict for corruption perpetrators by the Panel of Judges who hear and decide the case of corruption is influenced by the interference of fellow law enforcers ..., in this case, Advocates and Public Prosecutors (Prosecutors). Decisions of Corruption Courts often cause disparity in decisions, resulting in speculation from the public and assessing such decisions as being disproportionate and giving rise to public assumptions of a conspiracy between law enforcers, namely with several categories of interests, including: (1) The interests of the Prosecutor and Judges are in the interest of getting bribes (2) Advocates as law enforcers who accompany the defendant in defence of the interests of the accused by dirty and disgusting bribes. The role of advocates is very important in creating and maintaining a clean, authoritative and civilized justice system for the realization of the legal authority in this country.Thus, legal advocates must have faith and devotion to God strong and sturdy table and must dare to appear clean and first cleanse themselves from dirty thoughts in the midst of carrying out the legal profession, so that the noble profession is not polluted into contempt resulting from violation of legal norms and professional code of ethics by advocates. Based on the outputs achieved in this research program, namely the willingness and bottomlessness of the Advocates in defending the interests of the defendant must comply with the provisions of the applicable laws and regulations and uphold the Code of Ethics Procession.The analysis of this paper shows that lawyers have made a legal defence of corruption defendants in a professional manner in accordance with applicable legal provisions and upholds the code of ethics of the legal profession, even though there is also information about an advocate who is trying to bribe one of the Corruption Crimes judges in a case. which is being handled by the Advocate concerned. The description of the results of this survey is expected to be used as input and advice that can help realize the Court's decision which has a deterrent effect on corruptors and potential corruptors in the future.  

scholarly journals Monopoly of State-Owned Enterprise of Social Justice

2017 ◽  
Vol 1 (2) ◽  
pp. 98
Author(s):  
Rory Jeff Akyuwen
Keyword(s):  
The State ◽  
Economic Activities ◽  
High Quality ◽  
The Public ◽  
The People ◽  
Role Of The State ◽  
General Benefit ◽  
The Republic ◽  
The Right

The role of the state through BUMN becomes so important when it is formulated in a provision as formulated in Article 33 Paragraph (2) of the 1945 Constitution of the State of the Republic of Indonesia, where the production branches which are important for the State and which affect the livelihood of the public must be controlled by Country. Here it indicates the authority of the State to participate in economic activities through the operation of production branches that can be categorized as important for the State and considered vital and strategic for the interest of the State.This is based on the reasons as formulated in the explanatory section of Article 33 of the 1945 Constitution of the State of the Republic of Indonesia, so that the benefits of the production branches do not fall into the hands of individuals, the State actively takes the role to cultivate it because the production branch is considered important and which control the livelihood of the people for the greatest prosperity of the people. State-Owned Enterprises is formed with the aim of contributing to the development of the national economy in general and the state's revenue in particular; The pursuit of profit; To hold general benefit in the form of providing goods and / or services of high quality and adequate for the fulfillment of the livelihood of the public; Pioneering business activities that have not yet been implemented by the private sector and cooperatives and actively providing guidance and assistance to weak economic entrepreneurs, cooperatives, and communities.SOEs are given the right to monopoly in the economic field which is considered to control the livelihood of many people.

The role of the police in anti-money laundering

2019 ◽  
Vol 22 (1) ◽  
pp. 145-157
Author(s):  
Nikola Dujovski ◽  
Snezana Mojsoska
Keyword(s):  
Money Laundering ◽  
Social Life ◽  
Annual Reports ◽  
Comparative Approach ◽  
Main Body ◽  
Content Type ◽  
The Public ◽  
Republic Of Macedonia ◽  
The Republic

Purpose This paper aims to describe and discuss the role of the police in anti-money laundering, with particular reference to the situation in the Republic of Macedonia. Design/methodology/approach A doctrinal approach is used to describe the role of the police in anti-money laundering policy, as well as to discuss whether the police is the central and main body in the fight against this crime. Deductive and inductive methods are used to analyze the collected data about Macedonian activities, provided by domestic and international organizations and institutions. Government agencies, institutions and bodies with different capacities for identifying and combating money laundering are included. Findings According to global statistics, about $2tn is laundered annually. Money laundering directly affects general economic and social life and the entire development, which shows why the concerns about this phenomenon have been growing worldwide. The most important issue in combating money laundering refers to preventing and detecting the problem. The police have the central role in combating money laundering in the Republic of Macedonia, but they must co-operate with public prosecutors and other agencies to fight this crime with more success. Even though Macedonian legislation is harmonized with European Union (EU) directives, there are a lot of activities in the field of money laundering to be done to fulfill EU standards. Relevant collected data were acquired from MONEYVAL reports, annual reports from the Ministry of Interior, Public Bureau of Statistics and statistics from the public prosecutor’s office, including all published documents. Originality/value The paper answers questions related to the role and effectiveness of the police by examining different authorizations and powers. Different approaches in implementing the law are specified and suggestions to overcome “two voices” are given. A comparative approach is also used to demonstrate the number of criminal charges per year, mainly collected by the public prosecutor’s office. The authors analyze whether additional training is needed for the police. All institutions should collaborate with the police because money laundering offences may be disclosed during investigations of other offences.

The Federal Posse Comitatus Doctrine: Slavery, Compulsion, and Statecraft in Mid-Nineteenth-Century America

2008 ◽  
Vol 26 (1) ◽  
pp. 1-56 ◽  
Author(s):  
Gautham Rao
Keyword(s):  
Nineteenth Century ◽  
Law Enforcement ◽  
Henry David Thoreau ◽  
Law Enforcement Officers ◽  
The State ◽  
Public Welfare ◽  
Alexis De Tocqueville ◽  
Antebellum America ◽  
The Public ◽  
Nineteenth Century America

In antebellum America, as in pre-industrial England, it was commonplace to witness civilians accompanying sheriffs and justices, scouring the countryside in search of scoundrels, scalawags, and other law-breakers. These civilians were the posse comitatus, or uncompensated, temporarily deputized citizens assisting law enforcement officers. At its core, the posse comitatus was a compulsory institution. Prior to the advent of centralized police forces, sheriffs and others compelled citizens to serve “in the name of the state” to execute arrests, level public nuisances, and keep the peace, “upon pain of fine and imprisonment.” Despite its coercive character, though, the posse was widely understood as one among many compulsory duties that protected the “public welfare.” Americans heeded the call to serve in local posses, explained jurist Edward Livingston, because of communal “ties of property, of family, of love of country and of liberty.” Such civic obligations, wrote Alexis de Tocqueville in 1835, illustrated why Americans had such a pressing “interest in … arresting the guilty man.” At once coercive and communitarian, lamented Henry David Thoreau, the posse comitatus exemplified how those that “serve the state … with their bodies,” were “commonly esteemed good citizens.”

scholarly journals PENYELESAIAN PELANGGARAN KODE ETIK PROFESI BAGI ANGGOTA KEPOLISIAN YANG MELAKUKAN TINDAK PIDANA

2020 ◽  
Vol 1 (2) ◽  
pp. 45
Author(s):  
Syamsiar Arief
Keyword(s):  
Law Enforcement ◽  
Government Regulation ◽  
Code Of Ethics ◽  
Police Force ◽  
Security Sector ◽  
The Public ◽  
Criminal Offenses ◽  
The Republic ◽  
National Police ◽  
Article 5

 AbstractThe basis for investigating members of the National Police who are suspected of committing criminal offenses is the existence of reports or complaints from the public. The report or complaint is submitted through the Head of the Complaints Service Section for the Professional and Security Sector, and then proposes to the Head of Sub-Division through the Head of the Investigation Unit to call and examine members as witnesses to victims and other witnesses. The Police Investigator in addition to carrying out the duties and functions of the Police also has authority in the investigation and law enforcement of members or persons who commit criminal acts. Apart from the foregoing, investigators must pay attention to and settle as well as possible reports or complaints from the public in accordance with their duties and functions as investigators. Investigations of members of the Indonesian National Police who commit criminal acts are carried out by investigators as stipulated in the criminal procedure applicable to the general court environment, which is confirmed in Article 2 of Government Regulation of the Republic of Indonesia Number 3 of 2003 concerning the Technical Implementation of General Judicial Institutions for members of the Police Force. Republic of Indonesia. The examination of members of the Indonesian National Police is carried out in accordance with the rank, namely according to the provisions of Article 5 of Government Regulation where the examination of members of the Indonesian National Police in the course of an investigation is carried out with regard to rank. Keywords: Code of Ethics, Criminal Acts, Police , Violations.AbstrakDasar penyidikan terhadap Anggota Polri yang disangka melakukan tindak pidana adalah adanya laporan atau pengaduan dari masyarakat. Laporan atau pengaduan tersebut disampaikan melalui Kepala Bagian Pelayanan Pengaduan Bidang Profesi dan Pengamanan, selanjutnya mendisposisikan kepada Kepala Sub Bagian Provos melalui Kepala Unit Penyidik untuk melakukan pemanggilan dan pemeriksaan terhadap anggota sebagai saksi korban dan saksi lainnya. Penyidik Polri selain sebagai pengemban tugas dan fungsi Kepolisian juga memiliki kewenangan dalam penyidikan dan penegakan hukum terhadap anggota atau oknum yang melakukan tindak pidana. Selain dari hal tersebut diatas, aparat penyidik wajib memperhatikan dan menyelesaikan dengan sebaik-baiknya laporan dan atau pengaduan dari masyarakat sesuai tugas dan fungsinya selaku penyidik. Penyidikan terhadap anggota Kepolisian Negara Republik Indonesia yang melakukan tindak pidana, dilakukan oleh penyidik sebagaimana diatur dalam hukum acara pidana yang berlaku di lingkungan peradilan umum, yang dipertegas dalam Pasal 2 Peraturan Pemerintah Republik Indonesia Nomor 3 tahun 2003 tentang Pelaksanaan Teknis Institusional Peradilan Umum bagi anggota Kepolisian. Negara Republik Indonesia. Pemeriksaan terhadap anggota Polri dilaksanakan sesuai jenjang kepangkatan yakni sesuai ketentuan Pasal 5 Peraturan Pemerintah Nomor 3 Tahun 2003 tentang pelaksanaan teknis institusional peradilan umum bagi anggota Polri dimana pemeriksaan terhadap anggota Polri dalam rangka penyidikan dilakukan dengan memperhatikan kepangkatan. Pemeriksaan dalam rangka penyidikan dilakukan sesuai dengan Pasal 5 Peraturan Pemerintah Nomor 3 Tahun 2003 berdasarkan kepangkatannya.Kata Kunci : Kode Etik, Pelanggaran, Polisi, Tindak Pidana.

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