scholarly journals Prevention of Criminal Prostitution in Indonesian Fitness Center

2018 ◽  
Vol 5 (2) ◽  
pp. 43
Author(s):  
Hardian Iskandar
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
National Development ◽  
Human Interaction ◽  
Criminal Proceedings ◽  
Literature Study ◽  
Conceptual Approach ◽  
Community Factors ◽  
Fitness Center ◽  
The Law

This article’s purpose is to discuss the prevention of prostitution crime under the guise of gym and fitness center. This study is a normative legal study conducted through literature study or library research using conceptual approach, statute approach and case approach. The results of the study and discussion indicate that prevention of prostitution crime under the guise of fitness place can be done by means of criminal law (penal) and non penal facilities (facilities outside of criminal law). Prevention of criminal acts, especially the crime of prostitution, must be adjusted with the law of development plan which is part of the national development. The process of reforming or establishing a law enforcement is carried out through a formulation / legislation policy, whereas law enforcement and institutional enforcement processes are carried out through the application / judicial appeals and criminal proceedings carried out under the exclusion / administration policy. Constraints in the prevention of criminal prosthesis are due to several factors namely legal factors (law), law enforcement factors, community factors and cultural factors. The legal factors relating to the Penal Code are not directly regulated on the prosecution of prostitution as a form of crime. Law enforcement factors that form the parties or impose the law in this case indicated otherwise tacitly involved in prostitution activities by providing leaks that will be held operations or raids against prostitution activities. Factors of the environment where the law is applicable or applied, the public lacks awareness and few who are willing to be invited to share and the cultural factor as the result of the work, inventiveness, and the sense that is based on human interaction in life.

scholarly journals INVESTIGATION AND LEGAL ACTION TO FOREIGNERS WITHOUT PASSPORT IN INDONESIA TERITORY

2018 ◽  
Vol 1 (2) ◽  
pp. 123-132
Author(s):  
Muhammad Arief Hamdi
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Research Method ◽  
Legal Action ◽  
Criminal Proceedings ◽  
Conceptual Approach ◽  
Residence Permit ◽  
The Law ◽  
The Republic ◽  
Administrative Actions

Foreigners who enter and reside in the territory of Indonesia are regulated in the law, including travel documents of the Republic of Indonesia, visas, entry marks and residence permits, immigration controls, immigration administrative actions, and investigations. However, some foreigners who have been granted permission to continue to live in the territory of Indonesia. This is one of the things that must be followed up by immigration officials. Law enforcement that can be used in the form of Criminal Law or administrative legal action and the disabling factors that intentionally do not extend the residence permit, undergo criminal proceedings, undergo criminal law, and cannot be extended for emergency reasons. The research method is a type of normative research. The problem approach uses a legislative approach and a conceptual approach. Sources of legal material used are primary and secondary.  

scholarly journals Legal Gap: Pertentangan Hukum Masyarakat dan Hukum Negara

2020 ◽  
Vol 10 (1) ◽  
pp. 54-72
Author(s):  
Saeful Bahar Bahar
Keyword(s):  
Law Enforcement ◽  
Social Science ◽  
Restorative Justice ◽  
Criminal Law ◽  
Logical Consequence ◽  
Sociology Of Law ◽  
Literature Study ◽  
Grassroots Level ◽  
The Law

This article highlights the controversy of revised act of corruption commission (UU KPK) and of the Book of Criminal Law (KUHP) which had heated up. By using legal gap theory, this writing uncovers the legal gap between the contents of revised KUHP and living laws. Consequently, people in the grassroots level seem more enthusiastic about the issue, for example, the fines because livestock entering other people yards than weakening KPK issues that drive a wave of demonstrations at the level of well-educated people. Many studies in the sphere of sociology of law that have conducted gave much attentions to the living law or norm in the mods of society. However there is not much of them which gave attention to the legal gap phenomena, it is the incompatibility between living law and formal one. Whereas, such an approach tend to be considered late if it we aim to put the sociology of law as one discipline of social science which is useful in strengthening the law enforcement. In the hilt of the matter, there is an issue of the legal gap which should have been expressed from the beginning, mainly as to the compatibility between formal and informal law when legislation was going on. By utilizing literature study, the research found that; firstly, the resistance against revised KUHP is the logical consequence of legal gap phenomena that has potential legal conflict. Secondly, there are four major manners could be done to resolve the gap; repression, counseling, reformation and restorative justice.

Korruptionsbekämpfung durch das Steuerrecht und Kooperation von Strafverfolgungs- und Finanzbehörden

2019 ◽  
Author(s):  
Alexander Ermert
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Income Tax ◽  
Economic Crime ◽  
Avoidance Behaviour ◽  
Tax Law ◽  
Criminal Proceedings ◽  
Starting Point ◽  
Different Types ◽  
The Law

This thesis investigates how tax law can be used to fight corruption. The taxation procedure is particularly well-suited as a starting point for further criminal proceedings in cases involving corruption in the context of economic crime. However, the collaboration between law enforcement and tax authorities in this field is not without its difficulties, as it involves different areas of the law (tax law, criminal law, criminal tax law) and different types of proceedings (taxation proceedings, criminal investigations), whose interactions result in numerous problems. This work also finds that § 4 sec. 5 sentence 1 No. 10 of the EStG (Germany’s Income Tax Act) is insufficiently considered in practice. After analysing the norm and its various levels of impact (fiscal, general preventive and criminal tax law levels), the author concludes that the current rules have weaknesses that provoke avoidance behaviour among the tax authorities.

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 Implementation of Criminal Case Trials Through a Teleconference by Prosecutors with a Progressive Legal Approach

2020 ◽  
Vol 1 (2) ◽  
pp. 66
Author(s):  
Muhamad Mahrus Setia Wijaksana
Keyword(s):  
Law Enforcement ◽  
Community Development ◽  
Criminal Law ◽  
Industrial Revolution ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Trials ◽  
Legal Provisions ◽  
The Future ◽  
The Law

The development of technology in the era of the 4.0 industrial Revolution, characterized by digitalization until covering the realm of criminal law, was affected by the activity of law enforcement. Moreover, this time crowded about criminal trials through teleconference in the middle increasingly the mass of pandemic spread covid-19 which of course also affects the duties and authority of the prosecutor. The study focuses on analyzing the implementation of the trial in a teleconference by prosecutors with a progressive legal approach, highlighting the law as "not only rules and logic but also behavior." This research uses the socio-legal approach. The results showed that the legal arrangements related to criminal proceedings through the teleconference were still scattered in various regulations and the double implications of prosecutors. As for the implementation of the trial teleconference by prosecutors from the legal side of progressive measured from two things, first behavior seen in the trial that met many challenges, second is measured from an understanding of a progressive order/following the dynamics of community development. But the future also needs to be re-evaluated every weakness of existing current and formulated standard operational procedures and detailed legal provisions of the proceedings through the teleconference selectively.

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.

scholarly journals The Urgency of Regulatory Reform in Order to Support Indonesia’s National Development

2018 ◽  
Vol 7 (4) ◽  
pp. 418
Author(s):  
Wicipto Setiadi
Keyword(s):  
Law Enforcement ◽  
National Development ◽  
Regulatory Reform ◽  
Poor Quality ◽  
Literature Study ◽  
Potential Conflict ◽  
Political Dimension ◽  
Regulatory Issue ◽  
Reform Implementation

Poor regulation quality contributes negatively to the regulation and law enforcement in the life of the state. The indicator of the poor quality of regulation includes, among others, the large number of regulations requested for judicial review and effectiveness of the implementation of regulations. There are several regulatory issues in Indonesia today, including the existence of multiple interpretations; potential conflict; overlap, principle mismatch, weak implementation effectiveness, not harmonious/out of sync; inconsistent; create unnecessary burdens, both on the target group and the affected groups. Base on these regulatory conditions, regulatory reform is very important and urgent. Given this very basic regulatory issue, it is necessary to make improvements in the regulatory field from upstream to downstream which leads to quality, orderly and simple regulations known as regulatory reform. The purpose of the study is to examine regulatory reform in order to support Indonesia's national development. research is done by doing literature research, or commonly known as the literature study. The Study shows that in order for a regulation to be good, it must fulfill several principles, namely: good norm, good process, and good drafting. Regulatory reform implementation is carried out through a) simplification of existing regulations; b) reconceptualization of the procedures for establishing regulations; c) institutional restructuring of regulation formation; and d) strengthening/empowering human resources with integrity. Good quality of democratic political dimension and progressive legal quality are needed to improve the quality of regulation

scholarly journals PREVENTING AND FIGHTING CORRUPTION THROUGH PUBLIC POLICIES

2018 ◽  
Vol 2 (2) ◽  
pp. 189
Author(s):  
Dr. Drs. H. Dudu Duswara Machmudin S.H., M.Hum.
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Zero Tolerance ◽  
Public Policies ◽  
Political Corruption ◽  
Political Climate ◽  
Political Condition ◽  
The Law

<p>Law enforcement does not engage in a vaccum space, yet it is related to<br />variables of socio-political condition, mental of the law enforcers, criminal law<br />procedures, law ideology, NGOs, and legal awareness of the society. Moreover,<br />fighting corruption through law enforcement demands collective awareness as<br />stakeholders to actively participate in national efforts to prevent and eradicate<br />corruption. Measures taken on the prevention must be built in socio-political climate<br />and national collective culture which enforce zero tolerance to any forms of corruption, including bribery, gratification, trading influence, illicit enrichment, corporate corruption, political corruption, collusion, and nepotism.</p>

Die Entwicklung des Strafrechts der Ukraine

2020 ◽  
Vol 66 (3) ◽  
pp. 380-396
Author(s):  
Rainer Birke
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Law ◽  
Penal Code ◽  
Science And Society ◽  
The Rule Of Law ◽  
Law System ◽  
The Law ◽  
Simplified Procedure ◽  
Procedural Rights

In 2001, a new penal code was adopted in Ukraine after a comprehensive discussion in politics, legal science and society, replacing a codification of the Soviet era dating back to 1960, obviously unsuitable for the new realities. The new penal code of 2001 has been changed many times since then. This also applies to the criminal law provisions against corruption, evaluated and commended by GRECO. However, there is criticism of the criminal law system in Ukraine. A large number of the issues have little or nothing to do with the text of the penal code itself, but with deficits in the application of the law and the resulting loss of confidence in the activities of the law enforcement authorities. The judiciary is said to have a significant corruption problem and is significantly overloaded. The latter is to be counteracted by the introduction of the class of misdemeanor (“kryminalnyj prostupok”) in 2019 that can be investigated in a simplified procedure, which has been criticized, inter alia, because it bears the risk of the loss of quality and possibly infringes procedural rights. Also in 2019, the work on a once again completely new codification of the penal code was commenced, which is not entirely surprising in view to the existing criticism of manual errors or inadequacies of the recent code. It is to be hoped that Ukraine, with the existing will and the necessary strength, will succeed in the creation of a criminal law system that is fully in compliance with the rule of law and that a penal code will be drafted that finally finds full recognition in the society.

GÄFGEN V. GERMANY. CASE STUDY

2020 ◽  
Vol 138 (2) ◽  
pp. 219-235
Author(s):  
KRYSTYNA PATORA ◽  
EMIL ŚWIĄDER
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Human Life ◽  
Criminal Liability ◽  
Criminal Proceedings ◽  
The Law

The article focuses on the case of Gäfgen v. Germany, which con-cerns the restrictions imposed on police offi cers who work on cases involving terror and violence posing a risk to human life, and on the ones who have to make decisions protecting victims’ lives. The choice of measures serving the protection of the highest value, i.e. human life, is not easy. At the same time, police offi cers are assessed in terms of criminal law as regards the protection of the basic human rights enjoyed by perpetrators who pose a risk to other people’s lives. The case of Gäfgen v. Germany regards the choice of values, and the criminal liability of police offi cers, connected with thereof, as well as the problem of the admissibility of evidence obtained in breach of the law in criminal proceedings, and the limitations of the fruit of the poisonous tree doctrine.

Sign in / Sign up

Export Citation Format

Share Document