scholarly journals CONTRIBUTION OF THE ROLE OF INDONESIAN IMMIGRATION IN PREVENTING AND PROTECTING HUMAN RIGHTS AGAINST NON-PROCEDURAL MIGRANT WORKERS (PMI-NP) FROM TRANSNATIONAL CRIMES

2021 ◽  
Vol 3 (1) ◽  
pp. 51-63
Author(s):  
Felix Ferdin Bakker ◽  
Tony Mirwanto

Immigration is a law enforcement agency that functions as a public servant. Therefore, as an institution with authority to protect the traffic of people consisting of foreign nationals and Indonesian citizens, immigration policy has a crucial position in carrying out its duties and functions. However, the position of Immigration as a public servant with a human security aspect results in a consequence that must be taken, namely making a policy that balances service and in-depth supervision. Especially for Indonesian migrant workers who will work abroad. So Immigration is obliged to make various surveillance innovations as a contribution in terms of early detection both in terms of policies, regulations, technology, as well as improving the human resources of immigration officers in supervising migrant workers who are leaving, namely following procedures so that in the future it does not cause new problems in particular. Involved and entered into transnational crime both as victims and even perpetrators. This research is based on the writer's concern about the situation of PMI, considering that the migrant sector is one of the critical aspects in facilitating the country's development following the function of Immigration. This study uses a normative juridical method based on literature study materials and comparisons of policies taken with qualitative data. It is hoped that with this research, policy and technological innovation will contribute both legally and socially to the mitigation of the presence of undocumented migrant workers.

2020 ◽  
Vol 9 (1) ◽  
pp. 92
Author(s):  
Rimarsha Agitta ◽  
Putu Ade Harriestha Martana

Penulisan jurnal ini bertujuan untuk mengetahui serta memahami perang tarif pada penyedia layanan ojek dalam jaringan dalam perspektif hukum persaingan usaha di Indonesia dan juga untuk mengetahui tugas Komisi Pengawas Perlindungan Usaha dalam mengawasi kasus persaingan usaha. Metode penelitian yang digunakan dalam jurnal ini adalah penelitian hukum normatif yang dimana mengkonsepsikan hukum dalam bentuk hukum yang sudah tertulis seperti undang-undang tertulis, dan bersifat deskriptif yaitu diartikan penelitian yang dilakukan dengan cara menggambarkan secara lengkap. Hasil penelitian menunjukkan bahwa perang tarif antara para penyedia layanan ojek daring yaitu PT. X dan PT. Y terdapat beberapa tanda dan pola praktik predatory pricing penetapan harga oleh perusahaan transportasi daring. Menurut UU No. 5 Tahun 1999 dikatakan bahwa PT. X dan PT. Y melawan hukum dengan tidak mengikuti aturan Pasal 5 ayat (1)  UU No. 5 tahun 1999. Berdasarkan pasal tersebut sudah terbukti bahwasanya pihak PT. X dan PT. Y melanggar karena kedua perusahaan ojek daring tersebut melakukan perjanjian antara keduanya untuk menaikkan harga pada pelanggan ojek daring. Persaingan usaha memiliki lembaga pengawas yaitu Komisi Pengawas Persaingan Usaha (KPPU) yang dalam masalah persaingan usaha antara PT. X dan PT. Y ini berperan sebagai salah satu lembaga penegak hukum, dan tanggung jawabnya mengawasi perilaku persaingan usaha tidak sehat para pelaku usaha. In order to  writing this journal is to know and understand the rates war between two corps who will be start to be some perspective from business competition in Indonesia and also to determine the role of the Business Protection Supervisory Commission. The research method used in this journal is normative legal research which conceptualizes law in the form of written law such as written law, and is descriptive in nature, which is defined as research that provides data about a situation or social symptoms that develop in the midst society in accordance with the facts and without any engineering. The results show that the tariff war between online motorcycle taxis, namely X Ltd. and Y Ltd., has several signs and patterns of predatory pricing practices by online transportation companies, including discounts that reach unreasonable prices, long-term promotions that exceed standards. With that it can be said that X Ltd. and Y Ltd. violate Article 5 paragraph (1) of Law no. 5 of 1999. From this article, it has been proven that X Ltd. and Y Ltd. violated it because the two online motorcycle taxi companies entered into an agreement between the two of them to increase prices for online motorcycle taxi customers. In business competition, there is the Business Competition Supervisory Commission (KPPU), which in the business competition case between X Ltd.  and Y Ltd. plays a role as a law enforcement agency, and its responsibility is to supervise the unfair business competition behavior of business actors.


2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Setyo Langgeng

AbstrakKeberadaan Advokat sebagai penegak hukum telah diatur didalam Pasal 5 Undang-undang Republik Indonesia Nomor 18 Tahun 2003 tentang Advokat. Namun, mengenai bagaimana bentuk dan tempat nyata peran Advokat sebagai penegak hukum masih samar, khususnya dalam perannya sebagai komponen pendukung terwujudnya sistem peradilan pidana terpadu, akibatnya penegakan hukum pidana di Indonesia belum optimal. Penelitian ini menggunakan metode penelitian hukum normatif atau studi kepustakaan, yaitu dengan menganalisa UU.RI. No. 18 tahun 2003 tentang Advokat dan UU.RI No. 8 tahun 1981 tentang Hukum Acara Pidana (KUHAP), serta peraturan perundang-undangan lainya dan bahan pustaka yang terkait dengan peran Advokat guna menjawab permasalahan. Hasil penelitian menunjukan bahwa dari segi bentuk dan tempatnya, terdapat 2 (dua) peran Advokat sebagai penegak hukum, yaitu (1) Peran Advokat dalam bentuk pendampingan hukum terhadap pelaku berdasar Pasal 54 KUHAP, (2) Peran Advokat dalam bentuk pendampingan hukum terhadap korban yang diatur diluar KUHAP. Diharapkan sebagai bahan masukan bagi penegak hukum dalam penegakan hukum dan keadilan di Idonesia.Kata kunci : Advokat, Penegak Hukum, Sistem Peradilan Pidana Terpadu�AbsractThe existence of Advocates as law enforcement has been regulated in Article 5 of Law of the Republic of Indonesia Number 18 Year 2003 regarding Advocate. However, regarding how the form and the real place of the Advocate role as law enforcement is still vague, especially in its role as a supporting component of the establishment of integrated criminal justice system, consequently the enforcement of criminal law in Indonesia is not optimal yet. This research uses normative legal research method or literature study, that is by analyzing UU.RI. No. Law No. 18 of 2003 on Advocates and Law no. 8 of 1981 on Criminal Procedure Code (KUHAP), as well as other legislation and library materials related to the role of Advocates in order to answer the problem. The result of research shows that in terms of form and place, there are 2 (two) Advocates role as law enforcers, namely (1) Role of Advocate in the form of legal assistance to the perpetrator based on Article 54 KUHAP, (2) Role of Advocate in the form of legal assistance to the victims is regulated outside the Criminal Procedure Code. It is expected to be an input for law enforcement in law enforcement and justice in Indonesia.Keywords : Advocate, Law Enforcement, Integrated Criminal Justice System


2021 ◽  
Vol 141 (1) ◽  
pp. 12-18
Author(s):  
Agnieszka Araucz-Boruc

n the face of the emerging new threats related to the development of civilisation, organised crime groups are becoming increasingly active at various levels of social life. The intensifi ed activity of organised crime groups affects the citizens’ sense of security, and therefore appropriate measures are taken to detect, combat and counteract such threats. The article indicates the basic tasks of the Police in relation to individual areas of activity of organised crime groups, and shows the role of the Central Police Investigation Bureau as a law enforcement agency in combatting organised crime.


2020 ◽  
Vol 2 (4) ◽  
pp. 457
Author(s):  
Dwi Fahri Hidayatullah ◽  
Gunarto Gunarto ◽  
Lathifah Hanim

The purpose of this research identify and analyze the role of the police in criminal investigation of Fencing of Article 480 of the Criminal Code in the jurisdiction of Police Demak and barriers and solutions encountered police officers in criminal investigation of Fencing.The method used is the method of normative and juridical sociologic, the specifications in the study was a descriptive analytical methods of population and sampling are all objects or all of the symptoms or the entire event or the entire unit to be studied, data collection techniques using literature study and interviews, data analysis is qualitative.Result: according to the Criminal Investigation: Examination of the scene, Investigation, Manufacture Minutes, examination of evidence: The search, seizure, Remarks experts, Arrest or Detention and examination of suspects, Resume, file submission. The obstacle is that not everyone knows, does not want to report to law enforcement agencies (police), collusion series of cooperation that is so neat, shrewdness suspect in storing the results of Fencing the Article applied a penalty of less leverage, less personnel in the Resmob Police Demak, because the territory and population is not proportional to the number of personnel Resmob Demak district police, the suspect did not provide information in a clear, witnesses' testimony did not support the investigation, evidence to be filed less, to overcome these obstacles, namely:Key Words: Police; Investigation; Crime; Fencing; Police Demak.


2020 ◽  
Vol 11 (2) ◽  
pp. 89-100
Author(s):  
M. Ridhatul Aslam Aslam ◽  
Chriswardani Suryawati ◽  
Farid Agushybana

Coronavirus has become certain threat toward dental and oral healthcare, therefore Dental and Oral Hospital as healthcare and academic facilities in dentistry should notice to conduct Coronavirus (Covid-19) prevention and control efforts. The article aims to analyze the importance of policies on Coronavirus (Covid-19) prevention and control in Dental and Oral Hospital. The Literature Review used in the article was Systematic Literature review method by analyzing 429 arcticles in the search engine of WHO scientific articles related to the key words and obtained 13 articles which were collected as the literature study materials which were related to the theme of the implementation of Coronavirus (Covid-19) prevention and control policies. Based on the result of the study it may get conlcuded that the Management Role of Dental and Oral Hospital as the designer and the instigator of healthcare service and academic activities implementation is very crucial. Commitment of the stakeholders should be performed yet need to consider the guidelines aspect which is suggested and used from various references as well as the central government’s policies to apply effective Coronavirus Disease (Covid-19) prevention and control. In the prevention and control related to dentistry academic activities it requires an available smart gadget and application to enable students listening and reviewing lectures at anywhere and anytime possible. Therefore, the implementation of Coronavirus Disease (Covid-19) prevention and control may run effectively and efficiently.  


2018 ◽  
Vol 1 (2) ◽  
pp. 445
Author(s):  
Arif Hidayat ◽  
Sri Endah Wahyuningsih

Prosecutor as one of the law enforcement agencies in Indonesia have a role in the prosecution, it is stipulated in Article 2 (1) of the Constitution of the Republic of Indonesia Number 16 of 2004 on the Prosecutor of the Republic of Indonesia. Prosecution is the act of the General Prosecutor for criminal matters delegated authority to the District Court in the case and in the manner set forth in the criminal procedure law to demand that tried and sentenced by the judge at the hearing. Drug abusers are people who use narcotics without authority or unlawfully. This study uses empirical juridical approach with descriptive analytical research specifications, types and sources of data are the primary data by conducting interviews and secondary data by performing a literature study, data analysis method logically and systematically. The results showed that the procedure includes the step prapenuntutan prosecution, prosecution and execution. The role of the public prosecutor in the criminal case handling drug abuse is a public prosecutor. Factors inhibiting the role of the public prosecutor in the prosecution that the case file is not yet complete, the type of drug is not on the list of narcotics, modus operandi vary and calling witnesses when the examination before the court, while the effort to overcome that by making the sharing of information between law enforcement, conduct legal counseling, attended a special training program narcotic crime and Attorney for School.Keywords: Role; Prosecution; Narcotics Abusers.


2019 ◽  
Vol 06 (01) ◽  
pp. 190-210
Author(s):  
Nabiyla Izzati

Problems of legal protection for migrant workers are not a new issue in Indonesia. As one of the states that send migrant workers massively, Indonesia seeks to increase protection efforts for its citizens who work abroad through the Law Number 18 of 2017 on the Protection of Indonesian Migrant Workers (UUPPMI). The UUPPMI replaces the Law Number 39 of 2004 on the Placement and the Protection of Indonesian Migrant Workers, which was criticized since it only focused on the issue of placement without paying attention on the protection. This study used normative method by showing some articles of the UUPPMI and analyzing the suitability of the arrangements to the theories of worker protection. The results indicate that one of the most prominent changes in the UUPPMI is the emergence of a larger role of the government, which means that it automatically reduces the role of private sector in the mechanism of placement and protection of migrant workers. The UUPPMI delegates the responsibility to protect migrant workers to both central and regional governments, starting from before, during, and after worker’s work period.


2021 ◽  
Vol 2 (2) ◽  
pp. 79-90
Author(s):  
Juajir Sumardi

This study aims to determine the basis of welfare, so the nature of investment in land is placed in the basic values ​​of Pancasila and the 1945 Constitution. The type of research used is normative legal research using a statutory approach. The results show that the concept of diversion through the principle of restorative justice for criminal acts against property has actually been practiced by indigenous peoples in Indonesia since ancient times and is still practiced today, but in the Indonesian legal system or the criminal justice system has not been explicitly regulated in statute form. The use, application and regulation are still at the level of discretion in each law enforcement agency in accordance with the internal rules that bind the respective law enforcement agencies. For this reason, to implement the values ​​contained in Pancasila and the mandate of the state constitution, economic law in the investment sector must be directed at encouraging balanced economic growth, prosperity, and equal distribution of opportunities. In this regard, the obligation to have social and environmental responsibility must be implemented in any investment activity that uses the land as a production factor by giving local governments the role of supervising the implementation level.


1998 ◽  
Vol 38 (4) ◽  
pp. 347-353
Author(s):  
Benjamin Andoh

The role of the police at their formation centred around law enforcement (crime detection and apprehension of criminals) and crime prevention in order to maintain the peace. That role has been changing to keep pace with socio-economic developments. Thus, it has expanded to include the provision of social support. However, law enforcement, crime prevention and provision of social support often overlap. Also, though some studies have shown that much police time is spent on non-crime-fighting activities, other studies have found that lower-rank officers in general see their main role as fighting crime. That apart, the police have always had a role to play under the various mental health statutes: referring mentally disordered people to hospital, retaking absconders from mental hospitals, escorting patients from hospital or prison to court and vice versa, which are all tasks classifiable as provision of social support. Because of the complexity of his work today, the policeman may be described as an ‘all-purpose public servant’.


2009 ◽  
Vol 9 (3) ◽  
Author(s):  
Sri Hartini

Basically, the substance of democracy is the existence of role/active participation in the governance based on independence, equality and freedom. Somehow in new era, this strategic position of public servant was used by political party which finally makes political problems in the conception of law enforcement and makes confusedness to the role of public servant. Finally, the government make coherent regulation concerning with the neutrality in the public service law.  Arrangement of public service neutrality, arranged in article 3 sentence (2) and sentence (3) Law No. 43 Year 1999 and Government Regulation No. 37 Year 2004 concerning prohibition order of public servant becoming political party member and official member. The regulation only arranging concerning public servant becoming member and official member of political party, while public servant which was nonmember of political party, what exactly more loyal in political party not yet been arranged in that regulation. The regulation which straightening of neutrality arrange in  the preamble which public servant that impinge this regulation not yet arranged to collision, though sanction to this regulation was riffed as public servant, for public servant that becoming member and official member of political party.  Keyword: Neutralities, political party, law enforcement


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