scholarly journals Menggagas Peradilan Etik Penyelenggara Negara Di Indonesia

SASI ◽  
2021 ◽  
Vol 27 (1) ◽  
pp. 24
Author(s):  
Harmoko M. Said
Keyword(s):  
Rule Of Law ◽  
Justice System ◽  
Ethical Code ◽  
Public Officials ◽  
The Rule Of Law ◽  
State Administration ◽  
State Administrators ◽  
State Governance ◽  
Sociological Factor ◽  
Code Enforcement

The more complex the problems of state governance are so that corruption, collusion and nepotism are increasingly becoming serious concerns. As for the purpose of this writing is to develop the science of constitutional law in the field of state administration ethics considering the development of an increasingly democratic Indonesian society, demanding an ethical justice system that is effective, efficient, professional, transparent, accountable and reliable for public officials and aims for the rule of law paradigm. law is in line with the rule of ethics paradigm. The type of research used is juridical normative, namely explaining various literatures and / or literature. research results in initiating ethical judiciary for state administrators in Indonesia, due to the increasing number of ethical code enforcement agencies in each branch of power. The Rule of Etich is an instrument that must be implemented for all citizens in the life of the nation and state, in initiating an ethical court in Indonesia it is very urgent. The urgency of establishing an ethical judiciary in Indonesia is due to philosophical factors as reflected in the Pancasila that all five precepts are ethical grounds, juridical factors as regulated in the 1945 Constitution and MPR Decree No.V1 / MPR / 2001, with this juridical foundation, it is clear that the organizers the state is obliged to behave properly. While the sociological factor is the increasing number of ethical code enforcement agencies in each power clump, therefore the consolidation of ethical code enforcement agencies and the establishment of ethical courts is urgent due to the weak adjudication process of the Institute.

Reaktualisasi Proses Penyidikan oleh Kepolisian Berbasis Nilai-Nilai Pancasila dan Optimalisasi Pemanfaatan Teknologi

Jurnal Hukum ◽  
2016 ◽  
Vol 31 (2) ◽  
pp. 1737
Author(s):  
Ira Alia Maerani
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Public Prosecutor ◽  
Public Confidence ◽  
The Rule Of Law ◽  
Positive Law ◽  
Use Of Technology ◽  
The Times

Abstract                Indonesian Criminal Justice System consists of the police, public prosecutor and the courts. The role of the police investigators is certainly vital as the frontline in building public confidence in the rule of law in Indonesia. The role of the investigator is quite important in realizing society’s  justice. The era of globalization requires a pattern fast-paced, instant, measurable, and transparent of life and it requires investigators to follow the times by optimizing the use of technology. The aim of this study is to give effect to the rule of law in Indonesia that provides fairness, expediency and certainty. However, it considers to have priority of Pancasila values in the process of inquiry and investigation. The values of supreme divinity, God (religious), humanity, unity, democracy and justice are values that establish a balance (harmony) in enforcing the law. Law and its implementation can create product which meets the demands for social justice. This paper will examine the role of the investigator according to positive law currently in force as well as the role of investigator in implementing the values of Pancasila, accompanied by optimizing the use of technology. Keywords: Re-actualizing, Investigation, Police, values of Pancasila, Technology   AbstrakSistem Peradilan Pidana Indonesia meliputi institusi kepolisian, kejaksaan, dan pengadilan. Peran penyidik dalam institusi kepolisian tentunya amat vital sebagai garda terdepan dalam membangun kepercayaan masyarakat terhadap penegakan hukum di Indonesia. Peran penyidik amat besar dalam terwujudnya keadilan di masyarakat. Era globalisasi yang menuntut pola kehidupan yang serba cepat, instan, terukur, dan transparan menuntut penyidik untuk mengikuti perkembangan zaman dengan mengoptimalkan pemanfaatan teknologi. Tujuannya adalah untuk memberikan arti bagi penegakan hukum di Indonesia yakni memberikan keadilan, kemanfaatan, dan kepastian. Namun yang harus diperhatikan adalah mengutamakan nilai-nilai Pancasila dalam melakukan proses penyelidikan dan penyidikan. Nilai-nilai ketuhanan yang maha esa (religius), kemanusiaan, persatuan, kerakyatan dan keadilan merupakan nilai-nilai yang membangun keseimbangan (harmoni) dalam menegakkan hukum. Sehingga produk hukum dan pelaksanaannya memenuhi rasa keadilan masyarakat. Tulisan ini akan mengkaji tentang peran penyidik menurut hukum positif yang saat ini berlaku serta peran penyidik dalam mengimplementasikan  nilai-nilai Pancasila dengan diiringi optimalisasi pemanfaatan teknologi.Kata Kunci: Reaktualisasi,Penyidikan,Kepolisian,Nilai-nilai Pancasila,Teknologi

PRINCIPLES OF STATE REGULATION OF THE ACTIVITIES OF BODIES OF THE STATE EXECUTIVE SERVICE AND PRIVATE EXECUTORS

2018 ◽  
Vol 1 (13) ◽  
pp. 69-77
Author(s):  
Mariіa Konstantinovna Kulava
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Social Relations ◽  
State Regulation ◽  
Court Decisions ◽  
Regulatory Requirements ◽  
The Rule Of Law ◽  
State Administration ◽  
Executive System ◽  
The Right

Within the presented article, taking into account already existing achievements of scientists, the concept, the main features of the principles of state administration of the executive system of Ukraine are defined. The principles of activity of executive bodies bodies according to the current legislation of Ukraine are determined. A brief description of the principles is presented, namely: the rule of law, legality, compulsory, independence, justice, impartiality and objectivity, discretion, transparency and openness of executive proceedings and its fixation by technical means, the reasonableness of the time limits for enforcement proceedings, the proportionality of enforcement measures and the amount of claims for decisions, the right to appeal decisions, actions or omissions of state executives, private performers. It is established that in general the principles of executive proceedings in the investigated normative acts are duplicated, in addition to the principles of independence and the right to appeal decisions, actions or inaction of state executives, private performers. The actual vision of the principles of public administration of the executive system of Ukraine is determined. The opinion on the need to supplement the list of principles with the following: the principle of equal competition between state and private performers through the balance between them; the principle of responsibility of the executive system bodies, their officials and private executors for damage caused as a result of violations of regulatory requirements; the principle of introducing effective incentives for voluntary implementation of decisions; the principle of professionalism and competence. Also, within the submitted article, it is stated that the use of the terms “principles” and “principles” in the Laws of Ukraine “On Bodies and Officials Performing Enforcement of Court Decisions and Decisions of Other Bodies”, “On Enforcement Proceedings”, which are adopted simultaneously and regulated, are unjustified, identical social relations.

scholarly journals Correlation of Law and Order in Society

2020 ◽  
Vol 37 (64) ◽  
pp. 53-61
Author(s):  
Gabdrakhman H. Valiev ◽  
Sergey V. Kondratyuk ◽  
Natalia A. Prodanova ◽  
Irina A. Babalikova ◽  
Kermen I. Makaeva ◽  
...  
Keyword(s):  
Rule Of Law ◽  
Justice System ◽  
Modern Society ◽  
Legal Regulation ◽  
Law And Order ◽  
The Rule Of Law ◽  
Human Rights Organizations ◽  
Relationship Of ◽  
The Relationship ◽  
Concrete Reality

The problem of the relationship of law and order is relevant to any modern society. The article tries to analyze this relationship, taking into account judicial, police and other activities. The named concepts are closely interconnected, but are not identical. They are correlated as cause and effect: there is a rule of law, there is no rule of law. One suggests the other. The rule of law as concrete reality logically precedes the rule of law as a doctrine, the connection here is hard, causal. The process is one. Law and order: a real indicator of the state of legality, reflects the degree of compliance with the laws, the requirements of all legal regulations. It is concluded that the rule of law is the end result of the implementation of legal requirements and, at the same time, the objective of legal regulation, since it is for the formation and maintenance of the rule of law that laws are issued, thus like other regulatory legal acts, various institutions and bodies and, above all, the justice system, the control system, various human rights organizations and social movements.

scholarly journals Perspektif Gender dalam Putusan Pengadilan Pada Kasus Pelecehan Seksual

2020 ◽  
Vol 22 (2) ◽  
pp. 345-362
Author(s):  
Elisabeth Yulia Rana Sinta Dewi ◽  
Melina Gabrila Winata ◽  
Ella Yolanda Sakerebau
Keyword(s):  
Sexual Harassment ◽  
Rule Of Law ◽  
Random Sampling ◽  
Justice System ◽  
Sampling Method ◽  
Criminal Code ◽  
National Commission ◽  
Court System ◽  
The Rule Of Law ◽  
The Right

Penelitian ini bertujuan untuk menghapuskan pandangan diskriminatif akibat dipengaruhi oleh budaya patriarki yang menyebabkan terabaikannya nilai-nilai keadilan moral, sehingga diperlukan kesadaran akan kesetaraan gender dalam kepastian hukum dan dalam sistem peradilan. Metode dalam penelitian ini menggunakan metode yuridis empiris dengan bahan primer berupa wawancara dan putusan pengadilan yang diambil secara random sampling, serta bahan hukum sekunder berupa buku, literatur, jurnal serta peraturan perundang-undangan. Substansi Kitab Undang-Undang Hukum Pidana dalam penanganan kasus pelecehan seksual saat ini tidak lagi memadai, karena per-kembangan jenis macam pelecehan seksual menurut Komnas Perempuan. Penelitian ini menyimpulkan bahwa pertimbangan hukum yang dilakukan oleh hakim lebih memper-timbangkan faktor perbuatan daripada faktor korban. Dalam tiga kasus yang penulis teliti penjatuhan pidana jauh di bawah hukuman maksimal akibat penafsiran KUHP yang dilakukan hakim secara gramatikal yang terkurung oleh positivisme. Padahal penemuan hukum oleh hakim akan membentuk yurisprudensi dapat digunakan pada masa mendatang dengan lebih memperhatikan keadilan dan hak pemulihan bagi korban. Gender Perspective in the Court System on Sexual Harassion Cases This study aims to eradicate discriminatory views influenced by patriarchal culture which results in the neglect of moral values, so that awareness of gender equality is needed in the rule of law and in the justice system. This study uses empirical juridical methods. Primary legal materials was collected by conducting interviews and analyzing court decisions taken by random sampling method, as well as secondary legal materials was collected from books, literature, journals and statutory regulations. The substance of the Criminal Code in handling sexual harassment cases is currently no longer adequ-ate, due to the development of types of sexual harassment according to the National Commission on Women. This research concludes that the judge considers the act factor rather than the victim factor. In the three cases the author examined, criminal conviction was far below the maximum sentence due to grammatically interpretation of the Criminal Code by judges confined by positivism perspective. Though the legal finding (rechtvinding) by the judge will form jurisprudence, which can be used in the future by focusing more to justice and the right of recovery for victims.

INTERNATIONAL EXPERIENCE IN COORDINATING THE ACTION OF LAW ENFORCEMENT AGENCIES

2022 ◽  
Author(s):  
Sergii Melnyk ◽  
◽  
Alina Ignatievа ◽  
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Rule Of Law ◽  
Justice System ◽  
International Experience ◽  
International Treaties ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
The Rule Of Law ◽  
Legal Enforcement

The article researched international experience in coordinating the action of law enforcement agencies in modern international law. It is stated that, enforcement agencies are those institutions that enforce the laws, including election-related laws. Enforcement аs an important integrity mechanism as it deters those who might be interested in subverting the system as well as identifies and punishes those who have broken the law. The responsibilities for enforcing laws and codes are usually divided among different agencies, depending on the nature and severity of the problem. Initial investigations may start with the oversight agency, but can be referred to an enforcement agency if it was determined that legal enforcement was required. For example, potential criminal cases uncovered during a routine audit can be referred to the justice system. If the prosecuting authorities decide to pursue the case, they could charge and prosecute the alleged perpetrator, with a court pronouncing sentence if the defendant were found guilty. Jurisdictionally, there can be an important difference between international law enforcement agencies and multinational law enforcement agencies, even though both are often referred to as «international», even in official documents Effective enforcement requires a functioning legal system and a respect for the rule of law. An important factor in maintaining integrity in enforcement is the independence of the judiciary, as justice is supposed to be administered fairly, equally and impartially. The prevention, investigation and cessation of international and many domestic crimes, as well as the prosecution of those responsible for their commission, are not it is always possible alone, without the help of other states and international organizations. Achieving this goal requires states not only to proclaim unilateral declarations of intent, participation in the signing international treaties and the activities of international institutions, but also the actual implementation of joint and agreed activities aimed at combating transnational and domestic organized crime.

More Discretion, Less Law: Exploring the Dilemmas in the Recent Anticorruption Reform in China

2021 ◽  
Vol 54 (2) ◽  
pp. 263-278
Author(s):  
Su Bian
Keyword(s):  
Rule Of Law ◽  
Discretionary Power ◽  
Public Officials ◽  
Supervision System ◽  
The Rule Of Law

In 2018, the promulgation of the Supervision Law in China professed the central government’s determination to combat ‘corruption’ at a new level. By putting ‘all public officials exerting public powers’ under supervision, these newly-established supervisory commissions have unified the dual-track and dual-leadership supervision system that came into force since 1954. In this respect, some have argued that the supervision reform is a step forward toward promoting the Rule of Law in China. However, this paper argues that there are some key ambiguities to be clarified in this law, especially with regard to non-typical corruptions - the vaguely-defined supervised object of ‘duty-related violations’. By comparing this notion with similar concepts in other countries, particularly the ‘maladministration’ under the jurisdiction of an ombudsman, this paper suggests that the supervisory power for anticorruption needs to be checked by other state powers so as not to degenerate into a new discretionary power.

Part I General Questions, 4 The EU and the Fight against Organised Crime

2016 ◽  
Author(s):  
Hecker Bernd
Keyword(s):  
Civil Rights ◽  
Rule Of Law ◽  
Justice System ◽  
Criminal Policy ◽  
Organised Crime ◽  
Acquis Communautaire ◽  
Effective Prevention ◽  
The Rule Of Law ◽  
European Criminal Law ◽  
The Eu

The effective prevention of and the fight against all types of transnational organised crime (TOC) has been one of the biggest challenges to the criminal policy of the EU for decades. In this connection, the EU and its member states are facing the task of striking an equitable balance between the interest in ensuring an effective criminal justice system on one hand, and the protection of civil rights that the rule of law offers on the other. On the basis of the EU strategies and programmes to create an area of freedom, security, and justice, this chapter retraces the development of European criminal law in relation to TOC. It shows that the acquis communautaire now attained comprises a multiplicity of legal instruments aiming at the protection of European society and its economies from organised crime.

Romanian leaders will go further against rule of law

2018 ◽  
Keyword(s):  
Rule Of Law ◽  
Justice System ◽  
Political Elite ◽  
Economic Damage ◽  
Communist Country ◽  
Constitutional Court ◽  
Court Ruling ◽  
Content Type ◽  
The Rule Of Law ◽  
Political Interference

Significance Iohannis had resisted Justice Minister Toader Tudorel’s request to remove Kovesi, the head of the National Anti-Corruption Directorate (DNA), but was undercut by a Constitutional Court ruling that he could only refuse on procedural grounds. A 15-year effort to remove the justice system from political interference is drawing to a close, making it far harder to subject the political elite to the rule of law. Impacts Romania may find it hard to avoid economic damage from the assault on the rule of law. The steep reverse in Europeanising this post-communist country will not easily be undone. Romania’s slide into being an illiberal and kleptocratic EU member will increase doubts about admitting similar applicant states.

Legality and Reality: Some Lessons from the Pitcairn Islands

2009 ◽  
Vol 73 (1) ◽  
pp. 69-88
Author(s):  
Fran Wright
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Point Of View ◽  
Criminal Offence ◽  
Sexual Offences ◽  
The Rule Of Law ◽  
Remote Island ◽  
The Uk ◽  
Made In

This article considers the decision to prosecute a number of Pitcairn islanders for offences under the UK Sexual Offences Act 1956, and some aspects of the organisation of the prosecutions. The islanders complained that the prosecutions were an abuse of process because the content of the law was unascertainable and the legislation governing their trials was retrospective. The abuse of process claims were rejected. There was a mechanism by which islanders could ask the island officials and legal advisers for advice. It was predictable that non-consensual sexual intercourse would be a criminal offence. They were not prejudiced in any way by the late constitution of a criminal justice system. Although some of the decisions made in the Pitcairn case were questionable from a formalist point of view, most were fair in the peculiar circumstances of this small and remote island. The idea of the rule of law and of a fair trial cannot be divorced from the context in which criminal justice decisions are taken.

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