scholarly journals Completion of The Criminal Case outside Court by the Prosecutor's Office in realizing The Goal of Law Enforcement

2022 ◽  
Vol 05 (01) ◽  
Author(s):  
Satya Wirawan ◽  
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Criminal Case ◽  
Main Task ◽  
Legal Certainty ◽  
Criminal Cases ◽  
The Republic

One of the state apparatuses that are given the task and authority to carry out law enforcement is the Prosecutor. In carrying out its duties and functions, the prosecutor is organized in an Institution called the Prosecutor's Office of the Republic of Indonesia or can be called the Prosecutor's Office. The main task of the Prosecutor's Office carried out by the Prosecutor is to prosecute criminal cases. In carrying out the task of prosecution, the Prosecutor is authorized to determine whether or not a case can be brought to court and what article will becharged. The authority of the Prosecutor in resolving criminal cases outside the court that makes the author more tendentious to conduct research. The problem with this research is 1). Bhow are the obstacles to solving criminal cases outside the court by the Prosecutor's Office? 2). Is the settlement of cases outside the Court conducted by the Prosecutor's Office in accordance with the values of justice? By using the type of normative juridical research it is known that: The Authority of the Prosecutor in the settlement of criminal cases outside the Court can realize the goal of law enforcement, namely justice, legal certainty and usefulness for the community. The settlement of criminal cases outside the court can also realize the ideals of a fast, simple and cheap judiciary and optimize the participation of the community in law enforcement.

scholarly journals Kewenangan BPK dan BPKP dalam Menentukan Kerugian Keuangan Negara pada Perkara Korupsi

2021 ◽  
Vol 10 (2) ◽  
pp. 344
Author(s):  
I Made Fajar Pradnyana ◽  
I Wayan Parsa
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Legal Certainty ◽  
Law Enforcement Agencies ◽  
Legal Method ◽  
The Republic ◽  
Financial Losses ◽  
Legal Entities

The purpose of this research is to describe the related authority possessed by the BPK and BPKP in determining state financial losses so that the judges who handle cases of corruption can use calculations from the institutions that have been mandated by the 1945 Constitution of the Republic of Indonesia in determining state financial losses in order to achieve legal certainty. The dualism of institutions in determining state financial losses results in overlapping powers which have an impact on the credibility of these institutions. This certainly affects practice in the field, one of which is legal certainty that is not guaranteed in implementing law enforcement against corruption, it is very possible that every agency that calculates losses incurred by the state uses different calculation techniques, and in the end, the reports given are also different. so that it can affect the performance of law enforcement agencies in dealing with allegations of corruption. The author uses the normative legal method in this research, through two kinds of approaches, namely statutory and conceptual. The results showed that the BPK authority as an independent institution to measure and determine state losses, whether committed by individuals or legal entities, while the BPKP authority as an institution under the president has the duty to ensure that the management of government state finances in the sense of the executive is good, so that the panel of judges handling criminal acts of corruption uses calculations from the national institution, namely the BPK which is mandated by the 1945 Constitution of the Republic of Indonesia. Tujuan dari penelitian ini yaitu untuk Menjabarkan terkait kewenangan yang dimiliki BPK dan BPKP dalam menentukan kerugian keuangan negara sehingga majelis hakim yang menangani kasus tindak pidana korupsi dapat menggunakan perhitungan dari Lembaga yang telah diamanatkan oleh UUD NRI 1945 dalam menentukan kerugian keuangan negara agar tercapainya kepastian hukum. Dualisme institusi dalam menentukan kerugian keuangan negara menghasilkan kekuasaan yang tumpang tindih yang berdampak pada kredibilitas institusi ini. Hal ini tentu mempengaruhi praktek di lapangan, salah satunya kepastian hukum yang tidak terjamin dalam menerapkan penegakan hukum terhadap tindak pidana korupsi, sangat memungkinkan bahwa setiap lembaga yang menghitung kerugian yang ditimbulkan negara menggunakan teknik penghitungan tidak sama, dan pada akhirnya, laporan yang diberikan juga berbeda sehingga dapat mempengaruhi kinerja lembaga penegak hukum dalam menangani tuduhan korupsi. Metode hukum normatif digunakan penulis dalam riset ini, melalui dua macam pendekatan yaitu perundang-undangan dan konseptual. Hasil penelitian menunjukkan bahwa otoritas BPK selaku lembaga bersifat independen untuk mengukur dan menentukan kerugian negara baik yang dilakukan oleh seseorang ataupun badan hukum, sementara otoritas BPKP sebagai institusi yang berada di bawah  presiden yang bertugas untuk memastikan bahwa pengelolaan keuangan negara pemerintah dalam arti eksekutif sudah baik, sehingga majelis hakim yang menangani tindak pidana korupsi menggunakan perhitungan dari Lembaga nasional yaitu BPK yang diberikan amanat dari UUD NRI 1945.

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

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

scholarly journals The Essence of in Absentia in The Examination of Corruption Cases

Yuridika ◽  
2020 ◽  
Vol 35 (3) ◽  
pp. 533
Author(s):  
I Made Suarnawan
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
The State ◽  
Legal Certainty ◽  
Financial Loss ◽  
General Philosophy ◽  
Serious Crime

The legal vacuum associated with in absentia examinations can benefit corruptors. Unprofessional law enforcement officers can help the suspect by providing opportunities or facilities for the suspect to escape in order to suspend the investigation. In the event where the investigation is suspended for this reason, then there would be no legal certainty and fairness in the effort to recover the financial loss of the State. Article 38 of the PTPK Law only applies in the examination of cases without the presence of the defendant in the trial. In Absentia is a suspect or defendant whose whereabouts is not known, does not present for the examination of the case or whom cannot be forced to be present in the trial. The general philosophy of in absentia examination in corruption cases is that criminal acts of corruption are not justified, as they result in detrimental loss of the country's finances or economy. In the essence, in absentia examination is an effort to eradicate corruption in a serious or extraordinary manner because corruption is a serious crime and as an effort to recover the country's financial and economy loss.

scholarly journals The issues of the process of evidence collection during preliminary investigation in the Republic of Tajikistan

2018 ◽  
Vol 50 ◽  
pp. 01240
Author(s):  
Aleksei Parfenov
Keyword(s):  
Statistical Data ◽  
Preliminary Investigation ◽  
Crime Scene ◽  
The State ◽  
Criminal Cases ◽  
Crime Scene Investigation ◽  
Research Activities ◽  
Evidence Collection ◽  
Scene Investigation ◽  
The Republic

This paper addresses the topical issues that arise in the process of preliminary investigation and initial operations and investigations related to collecting and obtaining evidence. In particular, the study raises the problematic questions about the nature and goals of technical and criminalistic support of the forensic experts’ research activities during crime scene investigation while specifying relevant statistical data. The author provides an analysis of the state of usage of the forensic equipment employed in obtaining and collecting evidence during crime scene investigation during preliminary investigation in the Republic of Tajikistan and other countries. The paper also covers the issues of knowledge, skills, and abilities of the subjects collecting and obtaining evidence for criminal cases and determines the requirements to to the knowledge, skills, and abilities of the forensic experts who participate in crime scene investigation.

Features of Linguistic Terminology Regarding Counterfeiters in the Russian and Austro-Hungarian Empires in the XIX – early XX centuries

2020 ◽  
pp. 55-63
Author(s):  
Andrii Boiko-Gagarin
Keyword(s):  
Law Enforcement ◽  
Credit Cards ◽  
Russian Empire ◽  
The State ◽  
Criminal Cases ◽  
Paper Money ◽  
Historical Archives ◽  
The Russian Empire ◽  
Definition Of ◽  
First Time

The article analyzes the main terms used by law enforcement investigators and editors of the old newspapers regarding to counterfeiters, the forged money, and the process of selling them. Evidence of lexis in relation to counterfeiting has been traced from the criminal cases stored in the state historical archives of Ukraine and Poland, as well as in newspapers periodicals of Ukrainian cities. Most of the sources used in the study are published for the first time. The counterfeiters in Russian empire were called «manufacturer», «counterfeiter», but in Austro-Hungarian – the «counterfeiter» and «deceiver». The process of falsification in the newspapers of Galicia was defined in relation to money, as «made», «fabricated», in the Russian Empire – «cooked», «fabricated» and others. Most often, the definition of a counterfeiter’s personality was referred to as «counterfeiter», «coin counterfeiter», «counterfeiter». The place of counterfeiting was positioned as a «mint», often with the note «secret» or «illegal». In most newspaper publications, organized gangs of counterfeiters were described as а «gang banditti». Linguistic tautology «counterfeiting of counterfeit coins» is oftenly applied to counterfeit manufacturers. In terms of paper money, the definition «paper» and «picture» were used. The Galician press often called the trial of counterfeiters a «massacre». In 1915 in Chernihiv the credit notes signed by cashier S. Brut because of misinformation about their fraud, the population became wary of exchanging such a money, calling it «Brut’s rubles». For flat metal engraved cliches to print counterfeit assignments and credit cards the term «boards» was used, and coin counterfeiting tools are referred to as «counterfeiting machines» or «weapon tools».

scholarly journals PERANAN ALAT BUKTI DALAM PERKARA PIDANA DALAM PUTUSAN HAKIM MENURUT KUHAP

Yuridika ◽  
2017 ◽  
Vol 32 (1) ◽  
pp. 17
Author(s):  
Bastianto Nugroho
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Law Enforcement Officers ◽  
The State ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Procedure Law ◽  
The Law ◽  
Examination Process

The trial of a criminal case is to find out whether a criminal offense has occurred in an event, therefore in the most important criminal proceedings the proceedings are proved. Evidence is a problem that plays a role in the examination process in court because with this proof is determined the fate of a defendant. The legal function in the State of Indonesia is to regulate the order of society in the life of the nation and the state, whereas the violation of the law itself is an event that must exist in every society and is impossible to be eliminated absolutely, because violation of law is an integral part of development More complex. One of the provisions governing how the law enforcement officers carry out the task in the field of repressive is the criminal procedure law which has the purpose of searching and approaching material truth, the complete truth of a criminal case by applying the provisions of criminal procedure law honestly darn precisely with The purpose of finding out who the perpetrator can be charged with is a violation of the law. 

scholarly journals FAKTOR YANG MEMPENGARUHI PELAKSANAAN ACARA PEMERIKSAAN CEPAT DI PENGADILAN NEGERI BANGLI

2020 ◽  
Vol 14 (2) ◽  
pp. 37
Author(s):  
Desyanti Suka Asih K.Tus ◽  
I Gede Putu Mantra ◽  
Ni Wayan Ardani
Keyword(s):  
Law Enforcement ◽  
Social Status ◽  
Criminal Code ◽  
Cultural Factors ◽  
District Court ◽  
Legal Certainty ◽  
Criminal Cases ◽  
Legal Rules ◽  
Community Facilities ◽  
Examination Process

<p>The court is obliged to uphold justice regardless of one’s social status. Resolving criminal cases is carried out through the courts with various types of examination processes. The examination process is referred to as a normal examination, a short examination, a quick examination in accordance with the Criminal Code. Therefore, it is necessary to know whether the implementation of the rapid inspection program has been carried out in accordance with the<br />applicable rules both in the Criminal Code and other legal rules. The implementation of the quick inspection program at the Bangli District Court can be carried out effectively and efficiently so that the achievement of legal objectives, namely justice and legal certainty for the entire community. It is inseparable from the factors that influence its implementation. So that in this<br />study the author discussed what are the factors that influence the implementation of the rapid inspection program in Bangli District Court and whether there are any factors that become obstacles in the implementation of the rapid examination program at Bangli District Court. The results of the study are as follows: Factors that influence the implementation of the rapid inspection<br />program at Bangli District Court namely; law enforcement, community, facilities and facilities as well as cultural factors.</p>

scholarly journals Naida noziegumi Latvijā: kriminālatbildība un piemērotie sodi

2019 ◽  
Vol 1 (13) ◽  
pp. 30-41
Author(s):  
Ēriks Treļs
Keyword(s):  
Law Enforcement ◽  
European Commission ◽  
Hate Speech ◽  
Hate Crimes ◽  
The State ◽  
Vulnerable Groups ◽  
Actual Situation ◽  
Law Enforcement Agencies ◽  
Published Report ◽  
The Republic

2019. gada 5. martā Eiropas Komisija pret rasismu un neiecietību (The European Commission against Racism and Intolerance, ECRI) publicēja Piekto ziņojumu par Latviju. Tajā, atsaucoties uz Tiesībsarga biroja un nevalstisko organizāciju sniegto informāciju, norādīts, ka naida kurināšanas upuri bieži vien neinformē policiju par notikušo, jo viņiem nav pārliecības par tiesībaizsardzības iestāžu vēlmi vai spēju efektīvi izmeklēt šos notikumus, tādēļ tiek rekomendēts Valsts policijai izveidot speciālu struktūrvienību darbam ar mazāk aizsargātajām sabiedrības grupām. Iepriekšējā ziņojumā, kas tika publicēts 2012. gada 21. februārī, ECRI norādīja, ka par šāda veida noziegumiem piespriestie sodi (ar dažiem izņēmumiem, kad tika piemēroti sodi, kas saistīti ar brīvības atņemšanu) Latvijā ir pārāk saudzīgi. Rakstā tiek skaidrots, kā šajā jomā mainījusies situācija pēc ECRI Ceturtā ziņojuma publicēšanas. The European Commission against Racism and Intolerance (ECRI) on 5 March 2019 published Report on Latvia (fifth monitoring cycle). Non-governmental organisations, minority representatives and Ombudsman of the Republic of Latvia indicated to ECRI that victims of hate speech do not often report incidents to the police due to lack of trust in the willingness or ability of the law enforcement agencies to investigate these cases effectively. ECRI recommends, as a matter of priority, that the authorities establish a unit within the State Police tasked with reaching out to vulnerable groups in order to increase trust in the police and address the problem of under-reporting of hate crimes. In 2012, the ECRI pointed out that penalties for racist violence (with a few exceptions, the imposition of custodial penalties) in Latvia are too lenient. Therefore, the author offers his vision of the actual situation and how things have changed since the fourth ECRI Report on Latvia.

scholarly journals THE MOST IMPORTANT ASPECTS IN IMPLEMENTING THE YOUTH POLICY IN THE CHUVASH REPUBLIC: 1990s – EARLY 2000s

2021 ◽  
pp. 64-70
Author(s):  
Vladimir S. Ivanov
Keyword(s):  
Young People ◽  
Policy Formation ◽  
The State ◽  
Main Task ◽  
Ministry Of Education ◽  
Educational Work ◽  
Youth Policy ◽  
Chuvash Republic ◽  
The Republic ◽  
Creative Self

The experience of implementing the state youth policy on the scale of individual subjects of the country, which has its own regional specifics and ethno-confessional features, is of scientific interest. In this regard, the article examines individual pages of implementing the youth policy in the Chuvash Republic (ChR) in the 1990s – early 2000s on the basis of diverse sources and research literature. Separately, the author focuses on some aspects of educational work, creative self-realization of young people and student self-government. The article provides information on the state policy formation, which is reflected in the adoption of a number of laws and regulations governing its activities. It is noted that in order to directly implement the youth policy on the ground, state and municipal government bodies were created to address the issues of the younger generation. As a result, the Ministry of Education and Youth Policy of the Chuvash Republic became the main authority in this area of work, which became the legal successor of the Ministry of Education of the Chuvash Republic and the State Committee for Youth Affairs of the Republic. As a result, the author comes to the conclusion that in the 1990s – early 2000s, the educational institutions of the republic developed an independent system of work with the student community, which was reflected in the emergence of student councils, trade union committees, clubs, scientific societies. Their main task was to organize leisure activities for young people in order to improve their intellectual and creative level. The developed set of measures in the form of state youth awards of Chuvashia, as well as scholarships for representatives of the youth and students of the Republic for special creative aspiration created conditions for the selection and further creative self-expression of talented young people.

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