scholarly journals Aspek Interoperabilitas Antara Lantamal IX Dengan Kamla Zona Bahari Timur Dalam Penegakan Hukum Di Laut Maluku Ditinjau Dari Perspektif Harmonisasi Hukum

2021 ◽  
Vol 1 (2) ◽  
pp. 121
Author(s):  
Andrizal Andrizal ◽  
John Dirk Pasalbessy ◽  
Arman Anwar
Keyword(s):  
Functional Analysis ◽  
Law Enforcement ◽  
Two Dimensions ◽  
Comparative Approach ◽  
Conceptual Approach ◽  
Harmonization Of Law ◽  
Legal Harmonization

Introductioan: The basic conception of the realization of security in the territorial waters essentially has two dimensions, namely the enforcement of sovereignty and the enforcement of security which are interrelated with each other.Purposes of the Research:  This study aims to analyze and discuss the interoperability between Lantamal IX and Kamla of the East Maritime Zone in law enforcement in the Maluku Sea is viewed from the perspective of legal harmonization and the obstacles faced by Lantamal IX and Kamla of the East Maritime Zone in Law Enforcement in the Maluku Sea when interoperability is connected. with efforts to harmonize the law.Methods of the Research: The research was conducted using a normative juridical method with a c statutory approach, conceptual approach and comparative approach a by specifically analyzing the performance of the institution and its authority in the implementation of law enforcement in the Maluku Sea based on the legislation which was then analyzed qualitatively.Results of the Research: The results showed that Lantamal IX and Kamla East Maritime Zone had the same authority in conducting security and safety patrols in the Maluku Sea, thus potentially causing overlapping authorities. Therefore, interoperability is needed between the two institutions in order to create synergy and minimize the occurrence of sectoral egos. So far, the interoperability of Lantamal IX and Kamla of the East Maritime Zone has been established, but it has not run optimally and continuously. Functional analysis of the collaboration between LANTAMAL IX and the East Maritime Zone Kamla shows that there are obstacles related to juridical and material aspects. In the juridical aspect, the East Maritime Zone Kamla does not have the authority to investigate so that the ship being considered must be handed over to the authorized agency. In addition, there has been no renewal of the memorandum of understanding between BAKAMLA and TNI Headquarters. As a result, patrol operations are not supported by Indonesian Navy warships. Meanwhile, materially, the facilities and infrastructure of the East Maritime Zone Kamla are minimal while BAKAMLA has a large enough budget for the implementation of operations. Likewise, the synergy of operations and sharing of data and information has not been maximized. Therefore, interoperability is needed through harmonization of law and synergy.

scholarly journals The Effectiveness Of Qanun Aceh No. 6/2014 Of Jinayat Law In Order To Prevent Jinayah Khalwat In Law Territory Of Sabang Municipality

2018 ◽  
Vol 1 (2) ◽  
pp. 191
Author(s):  
Webby Aditya
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Due Process ◽  
Civil Service ◽  
Research Result ◽  
Legal Issues ◽  
Comparative Approach ◽  
Conceptual Approach ◽  
The Third ◽  
Due Process Of Law

Article 23 paragraph (1) of Aceh Islamic Criminal Law No 6 of 2014 tells about Indecency (Jinayat) law which regulates the criminal punishment for the perpetrator of jarimah khalwat. This article is expected can minimize the crime rate of the indecent (jinayah) behavior perpetrator. However, in fact the number of jarimah khalwat perpetrator increase steadily as what happened in Sabang Municipality law area. It proves that there were two legal issues, what is the causes of the ineffectiveness of the indecency (jinayat) law in minimizing the number of jinayat perpetrator in Sabang Municipality? This research was aimed to know the obstacle of the increasing jinayat khalwat issue which make jinayat law become ineffective in minimizing jinayat khalwat perpetrators in Sabang Municipality, and to know the efforts conducted by the Civil Service Police Unit, Sharia Policy, and Office of the District Prosecutor General of Sabang Municipality and to know the factor which causes the number of jinayah khalwat perpetrator in Sabang Municipality. The research method used in this research was empirical juridical empirical using case approach, historical approach, comparative approach, conceptual approach, and statute approach). The research result shown that there were 3 effectiveness obstacle factors  of jinayat law in Sabang Municipality, the first obstacle of jinayat law is the bad regulation because the punishment is an alternative not a cumulative  and for those who deal with the jinayat law is potentially punished with canning punishment in public, the application of jinayat law normatively is in contrary with the basis of personality and territoriality which causes this law contrary with the fair legal system (due process of law). The second factor which becomes the obstacle related to quality and quantity of the human resource of the law enforcement, law understanding and the number of personnel investigator of the Civil Service Police Unit and Sharia Police of Sabang Municipality was limited. The third factor, there is no special jinayah prison cell in the Civil Service Police Unit and Sharia Police of Sabang Municiplaity

scholarly journals Election Criminal Law Enforcement in the Era of Simultaneous General Election 2019

2021 ◽  
Vol 04 (07) ◽  
Author(s):  
Narwanto Narwanto ◽  
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
General Election ◽  
Comparative Approach ◽  
Equal Rights ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Norms ◽  
General Elections ◽  
The Law

This thesis addressed the issue of election criminal law enforcement in the era of simultaneous general election in 2019. Based on data released by The General Election Supervisory Agency (Bawaslu) there were 2,724 reports and findings of alleged violations of election crimes, which continued with the investigation of 582 cases, closed at the investigation stage there were 132 cases, then closed at prosecuting 41 cases, and ajudicated by the court in 319 cases. Meanwhile, based on the Indonesian Legal Roundtable (ILR) data from the whole cases in electoral crime, 170 cases or 53% were sentenced to conditional or probation. The method of this research is used normative legal research methods (normative juridical). Data research compiled based on suited laws and regulations through statutory approach, case approach, historical approach, comparative approach, and conceptual approach. Furthermore, normatively the data is analyzed based on applicable regulations as positive legal norms by interpreting and constructing statements contained in documents and applicable laws. The results of this study are to reveal and analyze the law enforcement applied in handling election crimes that occurred in simultaneous general elections in 2019. Analyzing the formulation of criminal law in tackling more effective general election crimes for the future through the formulation definite regulations, fair, not multi-interpreted and attend to all parties in equal rights of each individual before the law in order to establish a general election which honest and fair as well as legitimate

scholarly journals MENINGKATKAN PARIWISATA BALI MELALUI KEPASTIAN PENEGAKAN HUKUM ATAS PELANGGARAN KAWASAN TANPA ROKOK DALAM PERATURAN DAERAH PROPINSI BALI NOMOR 10 TAHUN 2011

2015 ◽  
Vol 4 (1) ◽  
Author(s):  
I Gusti Agung Ngurah Iriandhika Prabhata
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Good Alternative ◽  
Provincial Government ◽  
Deterrent Effect ◽  
Comparative Approach ◽  
Conceptual Approach ◽  
Local Regulation ◽  
Legal Norms ◽  
Healthy Environment

To obtain a good and healthy environment is a part of human rights, as stated in the constitution of the Republic of Indonesia and the global principles of human rights. Tourism in Indonesia held on the principle of upholding human rights, especially Bali which engaged in the tourism sector. In response to the Bali Provincial Government policies governing the protection of human rights to obtain a good and healthy environment, through the Bali Local Regulation No. 10 Year 2011 on No Smoking Area, but the policy can not work effectively due to the lack of certainty in terms of law enforcement that is set in the substance of the local regulation (vagueness of legal norms), as well as penalties for violations that have not been able to provide a deterrent effect. This research uses normative legal research with the rationality that this study will examine the substance of the local regulation of Bali Province perceived No Smoking Area considered as vagueness of legal norm. The approach used to solve the problem is through the statute approach, analitical legal and conceptual approach, as well as the comparative approach to do a comparison of the rules banning smoking in Singapore and Queensland Australia. The results showed that a good alternative No Smoking Area policy in Bali is reforming the Bali Local Regulation by inserting a clear formulation of the law enforcement authorities, as well as the formulation of assertive sanctions to provide a deterrent effect. Through law enforcement certainty No Smoking Area, it will be able to improve the quality of tourism in Bali, especially in terms of Cleanliness Personality and Comfort.

scholarly journals MENYOAL KEKUATAN EKSEKUTORIAL PIDANA UANG PENGGANTI DALAM UNDANG UNDANG NOMOR 3 TAHUN 1971 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI

Yurispruden ◽  
2019 ◽  
Vol 2 (2) ◽  
pp. 189
Author(s):  
Handoko Alfiantoro
Keyword(s):  
Law Enforcement ◽  
Comparative Approach ◽  
Conceptual Approach ◽  
The Past ◽  
Corruption Case ◽  
The Law ◽  
Clear Solution

ABSTRACTAn important instrument in law enforcement against corruption is the existence of an additional crime in the form of paying as much substitute money as same with corrupt money. However, it is still a problem with the law enforcement of criminal acts of corruption committed before the Law No.31/1999 concerning the Eradication of Corruption Crime was implemented. The Law No. 31/1999 which provided a clear solution to the steps of how if the penalty for substitute money was not paid was not contained in the RI Law No.3 of 1971. The opinion that if a corruption case excludes a judge made law, then it becomes possible if corruption cases in the past can still be prosecuted and tried in the present by using RI Law No.3 of 1971. This article use normative juridical research with a statute approach, comparative approach and conceptual approach, which aims to critically examine the executorial power of criminal substitute money in the Law No.3 of 1971 concerning the Eradication of Corruption CrimesKeywords: Corruption, Substitute Criminal Money, Strength Executorial. ABSTRAKInstrumen penting dalam law enforcement terhadap tindak pidana korupsi yaitu pidana tambahan berupa pembayaran sejumlah uang pengganti maksimal sama dengan uang yang telah dikorupsi. Namun masih menjadi persoalan terhadap penegakan hukum tindak pidana korupsi yang dilakukan sebelum Undang undang No.31 Tahun 1999 tentang Pemberantasan Tindak Pidana Korupsi diberlakukan. Ketentuan Undang undang No.31 Tahun 1999 memberikan jalan keluar secara tegas tentang upaya apabila hukuman uang pengganti tersebut tidak dibayar yang tidak diatur dalam Undang undang No.3 Tahun 1971. Adanya pendapat jika perkara korupsi mengenyampingkan masa daluwarsa (judge made law), sehingga memungkinkan jika perkara korupsi pada masa lalu masih dapat dituntut dan diadili pada masa sekarang dengan menggunakan Undang undang No.3 Tahun 1971. Artikel ini menggunakan metode penelitian yuridis normatif melalui pendekatan undang-undang, pendekatan perbandingan dan pendekatan konseptual yang bertujuan untuk mengkaji secara kritis kekuatan eksekutorial pidana uang pengganti dalam Undang undang No.3 Tahun 1971 tentang Pemberantasan Tindak Pidana Korupsi.Kata Kunci: Korupsi, Pidana Uang Pengganti, Kekuatan Eksekutorial.

scholarly journals Penyalahgunaan Wewenang dalam Tindak Pidana Korupsi Setelah Berlakunya UU No. 30 Tahun 2014 Tentang Administrasi Pemerintahan

2020 ◽  
Vol 4 (1) ◽  
pp. 53
Author(s):  
Zulkarnaen Zulkarnaen ◽  
Zainal Asikin ◽  
Amiruddin Amiruddin
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
The State ◽  
Comparative Approach ◽  
Legal Research ◽  
Conceptual Approach ◽  
Government Administration ◽  
Law Enforcement Officials ◽  
The Law

This research was conducted to find out how the concept of abuse of authority in criminal acts of corruption after the enactment of Law Number 30 of 2014 concerning Government Administration; and How was law enforcement in handling criminal acts of corruption after the enactment of the Law Number 30 of 2014. This research was a normative legal research. The approach used in this research was the statutory approach, the conceptual approach, and the comparative approach. From the results of the study it could be concluded that the concept of abuse of authority in criminal acts of corruption after the entry into force of Law Number 30 of 2024 concerning Government Administration was the Abuse of authority in accordance with Article 17 of Law No. 30 of 2014. Law No. 30 of 2014 focused on preventing abuse of authority. Aspects of criminal acts of corruption were first proven based on administrative law. In the process of law enforcement, if there was indeed an abuse of authority, then it became the basis by law enforcement officials to investigate or investigate allegations of corruption against the abusers of authority, whereas if in testing the abuse of authority by the State Administrative Court, the evidence was not proven, of course these actions could not be used as a basis for conducting investigations.

MANAJEMEN PENGAWASAN PERATURAN DAERAH DILAHAT DARI PERUNDANGAN-UNDANGAN

2017 ◽  
Vol 5 (3) ◽  
Author(s):  
Dr. Hotma Napitupulu, MM.
Keyword(s):  
Secondary Data ◽  
Empirical Method ◽  
Conceptual Approach ◽  
Regulatory Oversight ◽  
Secondary Data Source ◽  
Approach Method ◽  
Data Source ◽  
The Law ◽  
Harmonization Of Law ◽  
Legal Consequences

Management of regulatory oversight under the law, analyze the legal consequences with its use as a system of legal oversight mechanisms in order to create harmonization of law in the region. As for the method used in research by using empirical method that is by conceptual approach method with primary and secondary data source. As for the method used in research by using empirical method that is by conceptual approach method with primary and secondary data source.

scholarly journals The Position of Constitutional Complaint in the Constitutional Court of the Republic of Indonesia

2021 ◽  
Vol 2 (1) ◽  
pp. 61-78
Author(s):  
Agsel Awanisa ◽  
Yusdianto Yusdianto ◽  
Siti Khoiriah
Keyword(s):  
South Africa ◽  
South Korea ◽  
Judicial Review ◽  
Research Method ◽  
Comparative Approach ◽  
Constitutional Court ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Republic ◽  
Case Number

The purpose of this research is to determine the constitutional complaint mechanism based on comparisons in other countries, practices, and adaptation of constitutional complaints under the authority of the Constitutional Court of the Republic of Indonesia. Many cases with constitutional complaint substance have been submitted to the Constitutional Court of the Republic of Indonesia even though they don’t have this authority. This research uses a normative legal research method using a statutory approach, a conceptual approach, a comparative approach, and a case approach. This research indicates that the constitutional complaint mechanism in Germany, South Korea, and South Africa has been well implemented. In practice, cases with constitutional complaint substance are filed to the Constitutional Court of the Republic of Indonesia by changing the form by using the legal means of a judicial review, such as case number 16/PUU-VI/ 2008, case number 140/PUU-XIII/2015 and case number 102/PUU-VII/2009. Due to the consideration of the structure, substance, and culture of law, adaptation of constitutional complaint within the authority of the Constitutional Court of the Republic of Indonesia needs to be carried out by amending Law Number 24 of 2003 jo. Law Number 7 of 2020 concerning the Constitutional Court.

scholarly journals A comparative study on goals of competition law with the case of merger regulation and recommendations to Viet Nam

2020 ◽  
Vol 5 (1) ◽  
pp. first
Author(s):  
Hieu Trong Truong
Keyword(s):  
Law Enforcement ◽  
Competition Law ◽  
The United States ◽  
Comparative Approach ◽  
Academic World ◽  
Fair Competition ◽  
Law And Policy ◽  
Competition Law Enforcement ◽  
Merger Regulation ◽  
Workable Competition

The goals of competition law and policy play a notable navigator in law enforcement and lead to new rule inauguration regimes. However, Vietnam avoids signifying its goals in all two competition law versions, the Vietnamese Competition Law 2004 and the Vietnamese Competition Law 2018. The practical merger regulation has been thus confusing in the circumstances. Be continued with the lengthy controversial discussions in the academic world; the paper opens the comparative approach to other major jurisdictions. Rather than the Asian earlies system of Japanese anti-monopoly law or the European Union's primary youngest competition law, the United States antitrust law contributes to the original explanation of the law's objectives and directions. It experiences that Vietnam could maintain the diverse goals of competition law with its priority interests. Rejecting the aspect of free and fair competition, or the workable competition, the analysis traces the identification of effective competition mainly according to the European Union's perspective. Notably, the industrial policy takes a significant connection with the competition policy; however, it does not always ensure competition law enforcement. Be mainly based on Japanese historical achievement; the paper leads to an appropriate direction to resolve this complicated relationship between the two conflict but reciprocity policies. These implications will contribute to enhancing the legalization of competition law in Vietnam.

scholarly journals PHILOSOPHICAL FOUNDATION OF RELIGIOUS COURT COMPETENCE TOWARDS ENCUMBRANCE RIGHT EXECUTION

2018 ◽  
Vol 18 (2) ◽  
pp. 222
Author(s):  
Abd. Shomad ◽  
Rahadi Wasi Bintoro
Keyword(s):  
Law Enforcement ◽  
Dispute Resolution ◽  
Islamic Law ◽  
Court Decision ◽  
District Court ◽  
Philosophical Foundation ◽  
Conceptual Approach ◽  
Historical Approach ◽  
Legal Relationship

Religious court as forefront in economic sharia dispute resolution in litigation has not ideal place to perform their duty since there are still regulation conflicts such as implementation of encumbrance right execution which still becomes a domain in district court. As explained, this article discusses phi-losophical foundation of Religious Court competence to resolve economic sharia issues. In regard to this, conceptual approach, law approach and historical approach are respectively used. Based on the analysis, basic competence of religious court is Islamic personality principle which carries the use of Islamic law elements (sharia principle) in its legal relationship. From the analysis the implication is drawn that as long as a dispute belongs to economic sharia, then it is Religious Court which is com-petent to handle including court decision.Keywords: law enforcement, economic sharia dispute, absolute competence, court decision implementation

scholarly journals Formulation Policy Regarding the Smuggling of Lobster Seeds in Indonesia

Lentera Hukum ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 37
Author(s):  
Ayu Izza Elvany
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Problem ◽  
Legal Research ◽  
Conceptual Approach ◽  
Criminal Offense ◽  
Penal Policy ◽  
Illegal Fishing ◽  
Corporate Criminal Liability

This paper analyzes how formulation policy of lobster seeds smuggling regulated in Indonesian law to optimize the effectiveness of illegal fishing enforcement, considering penal policy is the basis of criminal law operationalization. This research uses both statute approach and conceptual approach as legal research methods to analyze the issued legal problem. Fishery law in Indonesia regulated in Law No. 45 of 2009 amending Law No. 31 of 2004 concerning Fishery, especially Articles 88 and 16 paragraph (1) which cover the formulation policy of lobster seeds smuggling enforcement. This study will be analyzed into three aspects which are the conduct (the criminal offense), criminal liability, and sentencing system. The result shows that law enforcement regarding the smuggling of lobster seeds in Indonesia is ineffective due to the nonexistence of corporate criminal liability in the fishery law and its sentencing system is lack of both the specific minimum penalty regulation and the penal measures as criminal punishment. However, the draft of the fishery law has already set corporate criminal liability; hence it also regulates the penal measures, in the form of secondary sanctions. Nevertheless, instead of enacting the specific minimum penalty, the draft only determined the maximum penalty as well. Keywords: Formulation Policy, Fishery Law, Lobster Seeds Smuggling.

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