scholarly journals Reconstruction of Corruption Law Enforcement in the Anti Rasuah Institution "Corruption Eradication Commission (KPK)” (Based on Approach “Berani Jujur Pecat” (Dare Honest Fired)”

2021 ◽  
Vol 2 (3) ◽  
pp. 316-325
Author(s):  
Adi Mansar
Keyword(s):  
Law Enforcement ◽  
Special Function ◽  
State Institution ◽  
Legal Certainty ◽  
Law Enforcement Agencies ◽  
The People ◽  
The Status ◽  
The Law

Changes to the law are a necessity in accordance with the development of society, whether one law is revised or in the form of reconstruction or deconstruction by changing all existing laws, especially in one state institution that has a special function, for example the Corruption Eradication Commission (KPK) must follow development? What is the Institutional and Personal Position of the KPK after the status transfer to State Civil Apparatus? How effective is the KPK in eradicating corruption after it has been reconstructed? The reconstruction of the KPK institution is expected to bring the KPK to be better, more optimal and remain a supervisory institution for other law enforcement agencies that are able to bring order and legal certainty and justice to the people of Indonesia. The change in the status of KPK employees to State Civil Apparatus is a form of generalizing KPK personnel without making distinctions like so far, so it is feared that there will be no more competition and contestation between the investigative teams who work professionally. The existence of the KPK institution is re-examined with the enactment of Law Number 19 of 2019 concerning the KPK, hopefully the stigma of the superbody institution will remain attached to the KPK will not turn into a super executive institution that works at the request of certain parties and hopefully the KPK will maintain the psychology of the people who hope that the KPK must continue to exist even if fired for doing "HONEST" and the truth.

THE ROLE OF THE PROSECUTOR'S OFFICE OF UKRAINE IN THE CONTEXT OF ENSURING GUARANTEES OF THE INDEPENDENCE OF JUDGES AND THE AUTHORITY OF THE JUDICIARY

2021 ◽  
Author(s):  
Vasyl Khmyz ◽  
◽  
Ruslan Skrynkovskyy ◽  
Tetiana Protsiuk ◽  
Mariana Khmyz ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Access To Justice ◽  
Law Enforcement Agencies ◽  
Professional Activities ◽  
Administration Of Justice ◽  
The Status ◽  
Legislative Framework ◽  
The Law

The article reveals the role of the prosecutor's office of Ukraine in the process and in order to ensure guarantees of the independence of judges and the authority of the judiciary. A study of the legislative framework of Ukraine proves that the role of the prosecutor's office in the process of ensuring guarantees of the independence of judges and the authority of justice is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Prosecutor's Office», the Law of Ukraine «On the Judicial System and the Status of Judges», the Code of Professional Ethics and Conduct of Prosecutors, the Criminal Procedure Code Of Ukraine, the Criminal Code of Ukraine, as well as other regulatory documents. It was found that the judge, performing professional activities in the direction of the administration of justice, is independent of the various influences, pressure or interference, which are illegal. The legislation of Ukraine determines that the principle of the independence of the judge indicates that the judge is not obliged to provide explanations regarding the nature and content of the cases being pending, with the exception of cases established by law. State authorities, local self- government bodies, officials and officials of these bodies, individuals and legal entities and associations of such persons should respect the independence of judges and in no case should encroach on it. It was determined that one of the principles on the basis of which the professional activities of the prosecution authorities are based is the principle of respect for the independence of judges. It has been proved that the High Council of Justice always adheres to the position of unconditionally ensuring the independence of judges and establishing this direction as a priority type of activity for law enforcement agencies, in particular, for the prosecutor's office. Fast and quality investigation of crimes related to the professional activities of judges will, first of all, contribute to the observance of constitutional law regarding the principle of access to justice.. It is noted that the prospects for further research in this direction are the study of the legal basis for the observance of the principle of the rule of law and legality by the judiciary in the context of performing professional activities.

scholarly journals POLITIK HUKUM LINGKUNGAN HIDUP DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP

FIAT JUSTISIA ◽  
2016 ◽  
Vol 9 (2) ◽  
Author(s):  
Dani Amran Hakim
Keyword(s):  
Environmental Management ◽  
Law Enforcement ◽  
Environmental Pollution ◽  
Legal System ◽  
Deterrent Effect ◽  
Environmental Damage ◽  
Law Enforcement Agencies ◽  
Environmentally Sustainable ◽  
The People ◽  
The Law

The legal political environment in Indonesia in terms of protection, management and control of environmental pollution in Indonesia and to investigate the implementation of environmental pollution control and law enforcement in Indonesia. the results of the study stated that the renewal law of Environmental management is influenced by a variety of development changes occurring in society, such as the influence of the era of democratization, industrialization, advancement of science and technology and the rise of the welfare demands of various parties. Political aspects contained in the politics of Law Number 32 of 2009 on the protection and management of the environment has not been run in accordance with the legal political objective, because there are natural resources that can not be utilized for the prosperity and welfare of the people. It is also still a lot of water pollution, air pollution, deforestation and other actions of the parties who damage the environment. It is necessary to implement environmental management to preserve the environment and develop skills which are harmonious, consistent and balanced in order to support the implementation of the development of environmentally sustainable. Law enforcement agencies in understanding the perceived environmental legal system are still experiencing difficulties. Lack of understanding of the law enforcement officers will cause rules is formed in one unified national legal system will deviate from the direction of the political objectives of the law. The need for clear law enforcement for the doer / destroyer of the environment in order to create a deterrent effect and between 3 penalties (criminal, civil and administrative) is not overlapping. Law enforcement difficult because of the difficulty of proving and determining the standard criteria of environmental damage. Keywords: Legal Politic, Environment, The Act Number 32 years 2009 on The Protection and Environmental Management

scholarly journals Anti-corruption: strategy and practice

2021 ◽  
pp. 87-101
Author(s):  
M. Kornienko ◽  
V. Tertyshnyk
Keyword(s):  
Law Enforcement ◽  
State Government ◽  
Criminal Code ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Prevention Act ◽  
The Status ◽  
Crime Detection ◽  
The Law ◽  
Improvement Of Legislation

The problems of the anti-corruption strategy, issues of elimination of criminal factors, improvement of legislation and the activities of law enforcement agencies are analyzed. Anti-corruption problems should be solved systematically in a set of integrative measures of state-political, socio-economic, national-cultural, informational, criminological, legal and moral. The priorities of the implementation of such a course are the urgent implementation of such strategic principles as DE monopolization, DE offshorization, requisition of energy security facilities, demarcation of business and power, and ensuring effective tax and customs policy. The effective mechanism against corruption is the disengagement of power and business, the elimination of factors of political corruption. It is proposed in the Law on the Prevention of Corruption, as well as in the laws regulating the status of civil servants, to enshrine the requirement of impeccable business reputation and integrity. A system of new legislation should be developed and adopted: the Code of Evidence, the Code of Law Enforcement, the Investigator Status Function Act, the Detective Status Act, the Jury and World Court Act, and the Crime Detection, Prevention and Prevention Act. It is proposed to state the disposition of the law of the Criminal Code of Ukraine on illegal enrichment in accordance with Article 20 of the UN Convention against Corruption of 31.10.2003. In particular, it is proposed to consolidate the responsibility of officials for a significant increase in assets that exceed the total assets of zero declaration and legal wages in the public service. The mechanisms of the state government should provide for the function of prosecutorial supervision over the enforcement of anti-corruption legislation in the activities of enterprises, executive authorities and local government. Systemic proposals are being made for the formation of a strategy and a comprehensive anti-corruption programed.

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.

scholarly journals TINJAUAN TEORITIS KEADILAN DAN KEPASTIAN DALAM HUKUM DI INDONESIA (The Theoretical Review of Justice and Legal Certainty in Indonesia)

2019 ◽  
Vol 2 (2) ◽  
pp. 142-158
Author(s):  
Kania Dewi Andhika Putri ◽  
Ridwan Arifin
Keyword(s):  
Law Enforcement ◽  
Human Behavior ◽  
The Other ◽  
Legal Certainty ◽  
Legal Process ◽  
Law Enforcement Agencies ◽  
Important Thing ◽  
Real Nature ◽  
The World ◽  
The Law

Law is a tool used to regulate human behavior and living order so that it is in accordance with applicable values ​​and norms, in the law there is a sanction. These sanctions have a strict and real nature so that sanctions cannot be contested by anyone. Someone if you break the law, you will get a sanction. Completion of a law is carried out by law enforcement agencies in Indonesia. In the law there are actions that are used to resolve a case. We often understand these actions as a legal process. The running of a legal process must be in accordance with the applicable provisions, cannot be arbitrary because the legal process is the most important thing in the world of law. The legal process is a reflection of the success or failure of a legal settlement. In a law, it must apply the aspects used to settle the case before the law. These aspects are things that must be applied for the continuity of a judiciary and law in the world and in Indonesia. Namely justice and legal certainty in the continuity of the law. Justice and legal certainty are at the same time the foundation in the law that must be applied and must be reflected in the law. Because without justice and legal certainty a legal process cannot work properly. If justice and legal certainty are not applied in the world of law, then the continuity of a law cannot be fair. As a result of not implementing justice and legal certainty, there arises an imbalance between rights and obligations in the law. The settlement of a matter must be fair between the rights and obligations of one party must be the same between the rights and obligations of the other party. So if you have applied justice in the law, you can achieve legal certainty. Legal certainty must be mutually beneficial for the parties concerned. Legal certainty cannot harm various parties. So that legal certainty must be balanced. So the case can be justified by the law.   Hukum merupakan alat yang digunakan untuk mengatur tingkah laku manusia dan tata kehidupan agar sesuai dengan nilai maupun norma yang berlaku, didalam hukum terdapat suatu sanksi. Sanksi tersebut mempunyai sifat tegas dan nyata sehingga sanksi tidak dapat diganggu gugat oleh pihak siapapun. Seseorang jika telah melanggar hukum, maka akan mendapatkan suatu sanksi. Penyelesaian suatu hukum dilakukan oleh aparat-aparat hukum di Indonesia. Didalam hukum terdapat suatu tindakan-tindakan yang digunakan untuk menyelesaikan suatu perkara. Tindakan-tindakan tersebut sering kita pahami adalah suatu proses hukum. Berjalannya suatu proses hukum haruslah sesuai dengan ketentuan yang berlaku, tidak dapat sewenang-wenang karena proses hukum hal yang paling penting dalam dunia hukum. Proses hukum merupakan pencerminan dari berhasil atau tidaknya suatu penyelesaian perkara di dalam hukum. Di dalam suatu hukum harus menerapkan aspek-aspek yang di gunakan untuk penyelesaian perkara di depan hukum. Aspek tersebut merupakan hal yang harus di terapkan untuk kelangsungan suatu peradilan dan hukum di dunia maupun di Indonesia. Yaitu keadilan dan kepastian hukum di dalam kelangsungan hukum. Keadilan dan kepastian hukum merupakan pokok sekaligus landasan dalam hukum yang harus diterapkan dan harus di cerminkan dalam hukum. Karena tanpa keadilan dan kepastian hukum suatu proses hukum tidak dapat berjalan sebagaimana mestinya. Jika keadilan dan kepastian hukum tidak diterapkan dalam dunia hukum, maka kelangsungan suatu hukum tidak dapat berjalan degan adil. Akibat dari tidak diterapkannya keadilan dan kepastian hukum timbul suatu ketidak seimbangan antara hak dan kewajiban di dalam hukum. Penyelesaian suatu perkara harus adil antara hak dan kewajiban satu pihak harus sama antara hak dan kewajiban pihak yang lainnya. Sehingga jika sudah menerapkan keadilan di dalam hukum, maka dapat tercapainya suatu kepastian hukum. Kepastian hukum harus saling menguntungkan bagi pihak-pihak yang terkait. Kepastian hukum tidak dapat merugikan berbagai pihak-pihak. Sehingga kepastian hukum harus seimbang.  Sehingga perkara tersebut dapat dipertanggungjawabkan hukumnya

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.

Who Will Keep the Public Healthy? Assuring a Legally Prepared Workforce

2003 ◽  
Vol 31 (S4) ◽  
pp. 81-83 ◽  
Author(s):  
Mary Anne Viverette ◽  
Jennifer Leaning ◽  
Susan K. Steeg ◽  
Kristine M. Gebbie ◽  
Maureen Litchveld
Keyword(s):  
Law Enforcement ◽  
International Association ◽  
Department Of Justice ◽  
Law Enforcement Agencies ◽  
Rigorous Evaluation ◽  
The Public ◽  
Chiefs Of Police ◽  
The Law ◽  
And Performance ◽  
Evaluation Techniques

The Commission on the Accreditation of Law Enforcement (CALEA) employs rigorous evaluation techniques. Objective accreditation, such as made possible by CALEA, is important from the public’s perspective and in the national community of law enforcement.To counteract a general distrust of law enforcement agencies, the Law Enforcement Assistance Administration (LEAA) developed a grant to develop standards by which the quality and performance of law enforcement could be measured. LEAA developed 107 standards and, though well received by the law enforcement community, no single group or agency took the initiative to begin a program to evaluate and implement the standards. In 1979, the Department of Justice established an additional grant that effectively organized the four major law enforcement groups: the International Association of Chiefs of Police, the National Sheriff’s Association, the National Organization of Black Law Enforcement Executives, and the Police Executive Research Forum.

Desert Society

2018 ◽  
pp. 69-106
Author(s):  
Clinton Bailey
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Agencies ◽  
Common Descent ◽  
The Bible ◽  
The Status

Dwelling in dispersion and far from any governmental law enforcement agencies that could provide them security, nomadic desert dwellers needed ways to protect themselves from violations such as murder, assault, insult, and theft. They achieved this security mainly by forming groups based on blood kin, or people of common descent, people whom they believed would honor claims of common loyalty and cooperation when problems with others arose. Each group they organized had a specific security function. The tribal structure of the Israelites as randomly noted in the Bible bears several similarities to that of the Bedouin. This chapter explores these similarities as well as their impact on the status and roles of the genders and on the institution of matrimony in both societies.

scholarly journals Tools and Methods of Work of Law Enforcement Agencies in the Sphere of Economic Law Infringements

2021 ◽  
Vol 18 ◽  
pp. 606-618
Author(s):  
Olena Kozynets ◽  
Alla Nitchenko ◽  
Andrii Kholostenko ◽  
Petro Zhovtan ◽  
Larysa Luhosh
Keyword(s):  
Comparative Analysis ◽  
Law Enforcement ◽  
Information Technologies ◽  
Law Enforcement Agencies ◽  
Economic Law ◽  
Academic Paper ◽  
Money Transfer ◽  
The Law ◽  
Analysis System ◽  
Tools And Methods

The global transformations of the economy through the system of information technologies have led to the spread of new manifestations of crime, mainly in the areas of money transfer, foreign exchange transactions, international logistics schemes. Consequently, there is a need to develop highly effective tools and methods of law enforcement agencies in the sphere of economic law infringements. The purpose of the research is to investigate modern tools and methods used in the activities of law enforcement agencies in order to prevent economic law infringements. The research methods are as follows: systematization, generalization, analysis of the regulatory framework, the method of comparative analysis; system and logical analysis, method of information synthesis; quantitative method. Results. The means and methods of work of law enforcement agencies in the field of economic law infringements have been analyzed in the academic paper. A comparative analysis of the application of tools and methods of law enforcement agencies in the field of economic law infringements in European countries has been conducted. It has been noted that they have been experiencing significant structural and technological changes, which makes it possible to more effectively identify economic violations of the law and prevent their implementation in various spheres of economic activity. The necessity of introducing modern information and technological methods of work of law enforcement agencies in order to overcome the growing number of economic law infringements has been proved. The concept of modern tools and methods of counteraction to economic law infringements has been considered and the further development of system of means and methods of counteraction to economic law infringements has been offered. The results of the research can be used to study trends in the development of tools and methods of law enforcement agencies in the field of economic violations of the law.

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