scholarly journals Guilty Until Proven Innocent

2019 ◽  
Vol 5 (3) ◽  
pp. 1001-1019
Author(s):  
Luis Suarez
Keyword(s):  
Law Enforcement ◽  
Attorney General ◽  
War On Drugs ◽  
Criminal Prosecution ◽  
Criminal Courts ◽  
Property Owners ◽  
Relevant Role ◽  
The Government ◽  
Asset Forfeiture ◽  
Constitutional Protections

Law enforcement departments across the country use civil asset forfeiture as a method to fund the work of law enforcement departments under the guise of combatting the “War on Drugs.” Attorney General Jeff Sessions made in- creasing civil asset forfeiture a DOJ priority. If civil asset forfeiture continues to rise to the level that Attorney General Sessions would like to see it, then we will soon find ourselves fighting to keep what is rightfully ours. This Comment will argue that the government should be required to prove that the owner of forfeited property had actual knowledge that the property was connected to an underlying crime. Dick M. Carpenter, Director for the Institute for Justice, believes that civil asset forfeiture is a thing of the past that today’s legal system should eschew. Civil asset forfeiture plays a relevant role in contemporary law enforcement, but additional safeguards should be enacted to ensure that civil asset forfeiture is not used at the expense of citizens’ property rights. Uniform reporting reform regarding forfeiture should occur amongst the states, and the government must prove that the innocent owner is not innocent. This is not to say that the government is required to succeed in a criminal prosecution before property can be forfeited, but this Comment argues that the government must prove from the onset that any owner of the property is not innocent and detached from the crime. Property owners should never be forced to prove their innocence without the constitutional protections guaranteed in criminal courts.

scholarly journals Problematic issues of criminal prosecution for the illegal extraction of mineral resources

2021 ◽  
pp. 139-144
Author(s):  
O.Y Makarenko ◽  
N.A Makarenko ◽  
O.V Nazymko ◽  
Y.O Hromenko ◽  
K.O Nesterenko
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Judicial Practice ◽  
Illegal Mining ◽  
Legal Provisions ◽  
Wide Range ◽  
The Government ◽  
Criminal Legislation

Purpose. To research the criminalization of offences against illegal extraction of minerals of strategic importance; it is of equal importance for legislative and law enforcement activities, development and implementation of economic programs, and the strengthening of the government and local authorities. Methodology. The research focuses on identifying vulnerabilities of prosecution for illegal mining by means of studying and analyzing the legal framework of Ukraine, theoretical foundation in relevant fields, analysis of judicial practice of bringing persons to justice under Art. 240, Paragraph 2 of the Criminal Code of Ukraine. Systems of special approaches and methods, namely the formal-logical, logical-normative, method of system analysis facilitated investigation of the declared subject. Findings. Certain problems are revealed which occur during the formation of penal prohibition of the studied criminal practices at the legislative level, including the inconsistency of criminalization of illicit mining with the severity of negative legal consequences. Originality. The article analyzes the problematic issues of prosecution for illegal extraction of minerals under Article 240, Paragraph 2 of the Criminal Code of Ukraine Violation of the established rules for the use of subsoil, if it has created a threat to life, health or the environment, as well as illegal extraction of minerals of public importance. Proposals are substantiated aimed at enhancing the current criminal legislation and its implementation by law enforcement agencies of Ukraine in dealing with illegal exploitation of natural resources of national importance. Practical value. The work studied the norms of legal liability for illicit subsurface use, and judicial practice of law enforcement of the specified norms. The authors maintain that the legal provisions of criminal legislation which provides for liability for this act mentioned, should be significantly improved in terms of clear defining of the disposition and broadening and strengthening of the sanction on Article 240, Paragraph 2 of the Criminal Code of Ukraine. The expediency is confirmed to expand the category of perpetrators under this article considering the involvement of a wide range of people both directly in the process of illegal mining, and further transportation and sale.

scholarly journals Handling of Quality Corruption Case by the Prosecutor as Part of Prevention Measure

2021 ◽  
Vol 04 (07) ◽  
Author(s):  
Budi Triono ◽  
Keyword(s):  
Law Enforcement ◽  
Attorney General ◽  
Main Task ◽  
Free Zone ◽  
Institutional Politics ◽  
The Republic ◽  
Legal Policies ◽  
The Government ◽  
Principle Of Proportionality ◽  
And Function

Enforcement of quality corruption cases by the Prosecutor's Office of the Republic of Indonesia as one of the law enforcers who has the main task and function in law enforcement, one of which is related to eradicating corruption. Seeing the importance of the position of the prosecutor's office in law enforcement specifically to combat corruption, it is important to conduct an assessment of the legal politics of eradicating corruption at the prosecutor's office in particular. The conclusion of this paper is to first discuss how the pattern of handling corruption with quality by the Attorney General's Office of the Republic of Indonesia through Institutional Politics policies that they embody in the regulations of instructions and letters of the attorney general relates to improving the performance of handling corruption cases and efforts to eradicate corruption Second, The Prosecutor's Office of the Republic of Indonesia as a government institution indirectly in making legal policies has the nuances of policies taken by the government and is based on related legal rules. As for some of the prosecutor's policies in eradicating corruption that are in line with the government's intent, namely the formation of a TP4 Team, establishing a corruption-free zone, enforcing corruption that is not selective, educating the dangers of corruption for state activities and emphasizing on handling cases with legal economic aspects the basis for consideration is the principle of benefit and the principle of proportionality in order to support development programs and smoothness in the life of the nation and state.

Crime in Puerto Rico: Drug Trafficking, Money Laundering, and the Poor

1997 ◽  
Vol 43 (4) ◽  
pp. 533-547 ◽  
Author(s):  
Alfredo Montalvo-Barbot
Keyword(s):  
Puerto Rico ◽  
Law Enforcement ◽  
Puerto Rican ◽  
War On Drugs ◽  
Policy Implications ◽  
Violent Crimes ◽  
The Past ◽  
The Government ◽  
Drug Economy ◽  
The Military

Echoing the federal “war on drugs,” the government of Puerto Rico has implemented a series of aggressive law enforcement policies aimed at dismantling the underground drug economy of the island. This article examines three main Puerto Rican law enforcement operations: “Greenback” (in 1985), “Lucky Strike” (in 1990), and the military invasion of public housings (in 1993). The data suggest that governmental attempts at disrupting the drug-based underground economy in Puerto Rico may have been responsible for the increase in violent crimes on the island during the past two decades. Policy implications of the anticrime operations also are discussed.

scholarly journals The Completion of Terrorism According to the Indonesian Positive Law

Rechtsidee ◽  
2018 ◽  
Vol 5 (1) ◽  
Author(s):  
Sri Suatmiati ◽  
Febrina Hertika Rani
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Justice System ◽  
Attorney General ◽  
Penal Policy ◽  
Positive Law ◽  
Terrorism Financing ◽  
The Government ◽  
Governmental Institutions ◽  
Regulation Of Law

In positive law, completion of  terrorism in Indonesia solved through Penal Policy/Policies of criminal law by issuing and publishing various legal products, a Substitute Regulation of Law (Perpu) No. 1 of 2002 regarding the eradication of criminal acts of terrorism, reinforced into Law Act No. 15 of 2003 the Government is also issuing Substitute Regulation of Law (Perpu) No. 2 of 2002 regarding the enactment of the Substitute Regulation of Law (Perpu) No. 1 in 2002 reinforced into Law Act No.16 of 2003 and Law Act No. 9 of 2013 regarding the prevention and eradication of criminal acts of Terrorism Financing, until forming the anti terror units from both the indonesian army forces, police or non governmental institutions. Police (Densus 88) as the main actor of law enforcement and disruption network of terror along with the Attorney General and justice system.

scholarly journals How the Government Can ‘Come and Take It’

2016 ◽  
Vol 3 (2) ◽  
pp. 121-146
Author(s):  
Sean M. Grove
Keyword(s):  
State Legislation ◽  
State Laws ◽  
Property Owners ◽  
The Status ◽  
History Of ◽  
The Government ◽  
Asset Forfeiture

As a model of review, this Comment will use Texas’s laws—juxtaposed against state laws that are providing more protections—to compare what Texas is doing wrong in light of what other states are doing right. First, this Comment will give a brief history of asset forfeiture in general and provide the status of civil asset forfeiture in the twentyfirst century. Part II will discuss the benefits of some asset forfeiture programs while highlighting the shortcomings and burdens that civil asset forfeiture brings. Part III will show state legislation aimed at curtailing civil asset forfeiture and the factors that make Texas’s laws (arguably) among the worst in the country. Finally, Part IV will discuss what Texas and similar states should do to improve the protections afforded to property owners and also improve the use of forfeiture overall.

scholarly journals Application of Restorative Justice in Corruption Crime Cases as an Effort to Repay State Losses

Corruptio ◽  
2020 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Ali Habib
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Attorney General ◽  
Law Enforcement Officers ◽  
Deterrent Effect ◽  
Future Expectations ◽  
Justice Model ◽  
The Republic ◽  
The Government ◽  
Financial Losses

The Handling of corruption now is indeed more oriented to how to put as many corruptors as possible into a Penitentiary, while corruption itself is still rampant. The deterrent effect which is currently no longer felt by corruption convicts while serving prison sentences and the overflow of prisoners who are no longer sufficient, makes the government move quickly and look for a legal breakthrough related to reducing the level of corruption in Indonesia. The Attorney General's Office of the Republic of Indonesia (RI) as one of the Law Enforcement Officers who have the authority to carry out Corruption Criminal Investigations has issued a Circular Letter for the Deputy Attorney General for Special Crimes (SE Jampidsus) Number: B-765/F/Fd.1/04/2018 dated  April 20 2018 concerning the Technical Guidelines for Handling Corruption Case Investigation Stage, which in essence the Investigation must be strived to find the amount of State Financial Losses, which meant the cooperative attitude of the parties involved to recover the financial losses of the State, it can be taken into consideration as a non-continuation of the legal process which certainly takes into account certain limitations (restorative justice). The problem is how to apply the restorative justice model in an effort to recover state losses. The research results obtained are, the application of restorative justice methods conducted by the Republic of Indonesia's Attorney General's Office can be optimally used in handling corruption cases specifically for the recovery of state finances and future expectations related to handling cases of corruption in Indonesia.

scholarly journals Evolution of State Policy Towards Labour Desertion in 1944-1945

TECHNOLOGOS ◽  
2021 ◽  
pp. 44-56
Author(s):  
Belonogov Yury
Keyword(s):  
Law Enforcement ◽  
Large Scale ◽  
Supply And Demand ◽  
Mobility Control ◽  
Practical Implementation ◽  
Criminal Prosecution ◽  
Industrial Enterprises ◽  
The Government ◽  
Low Efficiency ◽  
Working And Living Conditions

The object of scientific research was the evolution of legislation and its law enforcement practice with respect to the deserters from military industrial enterprises at the final stage of World War II. This evolution formally suggested an obvious change of emphasis in the penal policy of labour mobility control: from toughening law enforcement practices to realization of large-scale amnesties of workers who arbitrarily left their places of work.On the basis of the local archival materials the author analyzes practical implementation of innovations reflected in the Decree of the Government of the USSR of June 29, 1944 (change in the procedure for searching and punishing deserters; bringing economic leaders to criminal and party responsibility for non-compliance with the norms of the Decree of December 26, 1941; preventive measures aimed at improvement of working and living conditions). However, attempts of systemic improvement of existing legislation and its enforcement practices faced with certain institutional constraints existed due to the nomenclature organization of power and the supply and demand correlation in the labour market. The author sees the reasons for the amnesties in 1944‒1945 in the low efficiency of toughening punitive measures, excessively high administrative expenses in the process of the Decree of December 26, 1941 realization. It is mentioned that holding the amnesty did not change the substance of the legislation on criminal prosecution for unauthorized abandonment of the workplace of workbut was only the reaction of the state which defended the departmentinterests of the military industry people's commissariats concerning the provision of enterprises with labor force, the reaction to the poorly effective search for labor deserters.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

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

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.

Agro-Innovation – Path to Agricultural Entrepreneurship: Feasibility Study

2019 ◽  
Vol 5 (1) ◽  
pp. 63
Author(s):  
Elias Kamaruzzaman ◽  
Norzaidi Mohd Daud ◽  
Samsudin Wahab ◽  
Rozhan Abu Dardak
Keyword(s):  
Migrant Workers ◽  
Production Cost ◽  
Swot Analysis ◽  
Service Providers ◽  
Secondary Data ◽  
Financial Cost ◽  
Technology Changes ◽  
Property Owners ◽  
The Government ◽  
Agricultural Entrepreneurship

Technology changes will always be for the better, not only to the end users but also to the intellectual property owners of the technology and the implementers of the technology. The objective of this paper is to study the feasibility and viability for entrepreneurs to become service providers for the dispensation of fertilizers, pesticides, fungicides and supporting services such as aerial crop reconnaissance using Unmanned Aerial Vehicles (UAV) or drones. The methodology used for this study is SWOT Analysis. Both primary and secondary data is used for this analysis. This study finds that paddy farming employing drones is feasible. The beneficiaries of this study shall be the government, by way of lowering financial cost to subsidise the paddy planting, the farmers who no longer need the services of migrant workers, thus saving production cost, and finally the drone service providers and their downstream business associates who can engaged themselves in very lucrative businesses.

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