scholarly journals LAW ENFORCEMENT EFFECTS ON SOCIAL DISCIPLINE AND COMMUNITY SOCIAL INTEGRATION IN GARUT DISTRICT

2021 ◽  
Vol 1 (4) ◽  
pp. 423-430
Author(s):  
Uus Sunandar ◽  
Abdal

This research background was the less optimum of law enforcement that has caused the social discipline and social integration weakness in Garut regency. Based on it, core problem of this reseacrh was identifying as : “has the law enforcement affected the social discipline and social integration in Garut regency?”.

Author(s):  
I Pande Ketut Arya Yarsita ◽  
Rodliyah ◽  
RR. Cahyowati

This study aims to examine and analyze the concept of decision making in the diversion process for children facing the law who are not yet 12 years old; and law enforcement decision making in the diversion process for children who are faced with a law that is not yet 12 years old (Study of the Chairperson of the Mataram District Court Number: 22/Pen.Div/2017/PN Mtr). The concept of decision making in the diversion process for children facing the law that is not yet 12 years old is the judge in imposing sanctions for children considering recommendations in the social research report made by community counselors to express and find data and information objectively about the development and background of life children from various sociological, psychological and other aspects while still paying attention to the best interests of the child. Law enforcement of decision making in the diversion process against children who are faced with a law that is not yet 12 years old emphasizes restorative justice which is the goal in the implementation of the diversion of cases of children facing the law. Law enforcement officials both Investigators, Community Guidance and Professional Social Workers conduct deliberations to reach a decision based on restorative justice that prioritizes the best interests of children.


Author(s):  
Gomgom T.P Siregar ◽  
Indra Purnanto S. Sihite

The handling of cases of spreading pornographic photos through the social media Facebook is not subject to temporary detention when conducting an investigation because based on the investigator's belief, the perpetrator will not run away, nor will he remove evidence, but what happens is evidence from the perpetrator. Using normative juridical research, which examines the regulations of Law No. 19/2016 on ITE. Criminal law enforcement for perpetrators of spreading pornographic content on social media in terms of the Law on Information and Electronic Transactions Article 45 paragraph 1 of Law No. 19 of 2016 on ITE, the threat of punishment for the perpetrators of dissemination can be sentenced to a maximum imprisonment of 6 years and a maximum fine of Rp. 1,000,000,000 billion.


Author(s):  
Anthon Freddy Susanto

Legal Education naturally is education of human and humanity viewing man in his “earthly existence” to appreciate his human nature or will make the humanity humane as such the vital relation is that world will be more humane, managed and maintain according to the relation between he himself and the creator. Legal education encourages man to understand dan be able to interact with reality of the world surrounding; legal education, therefore, should be able to develop human soul, in this case, is the entire creativity, passion and creation. Legal education is closely related to the development of morality of the law enforcement to be able to improve the performance and professional skill in the law enforcement. To support the concept, legal education should always improve the quality of human’s life. Method used was multi-method such as philosophical method using hermeneutic-deconstructive approach; conceptual approach by developing creative ideas through heuristic analysis; method of critique on text to see the new possibilities that can raise in the development made. Philosophical approach can help us to enter into the most essential/fundamental area of the issue developed. Transgressive legal education is human education in the context of Indonesia with the soul of Pancasila. Transgressive legal education is an education to develop moral or conscious to underline the enforcement of the law upon society so that man will aware of the existence of the creator and is able to encourage the development of persons to be critical, tolerant, open, sensitive, and care towards the social problems and law enforcement.


2018 ◽  
Vol 5 (2) ◽  
pp. 134
Author(s):  
Faisol Azhari

Law or law order are not made to be observed and to be logical rational study only but to be done. Of course the application of law in society gets concretization proccess where the regulation of general and abstract normative law given for special, concrete and casuistic problems. It is not enough to implement limitted law on legal norms only normatively in societ, we have to observe more on social phenomena to implement the law flexibly. The implementation of law which is able to creat efective communication between the members of society, and not release from the final objective or the main goal of the legal politic namely to reach social welfare and protection as the integral part of the social policy, that is the implementation of law into the law enforcement.


2016 ◽  
Vol 3 (2) ◽  
pp. 201-212
Author(s):  
Ramlani Lina Sinaulan

On the development of law (rechtsbeoefening) both practical and theoretical, a scientist Law (academics and legal practitioners) often ignore the studies of the social aspects. In this case, a scientist Law (academics and legal practitioners) are trapped and confined on the nature of Legal Studies as a normative science. Thus, the development often collide in the level of practice of law in relation to the fulfillment of public sense of justice. In fact, the law enforcement authorities, especially police investigators, based on the pattern of education, obviously prefers cultural improvement of law and override the Legal Psychology. So, almost certainly, a police investigator in carrying out its duties and functions will never escape, in fact, are still stuck with the principle inquisatoir in examinations investigation.


FENOMENA ◽  
2018 ◽  
Vol 10 (2) ◽  
Author(s):  
Abnan Pancasilawati ◽  
Muhamad Noor

The implementation of legislation either nationally or internationally linked to the implementation of restorative justice as one of the alterntif in the process of implementation of conviction against children in conflict with the law had been applied, but the case has not yet been thoroughly and still limited at the law enforcement officers and observers who are committed and integrity as well as having the attention to this problems. The implementation of restorative justice which is applied at each level of the process of criminal justice in the form of taking back the children to their parents, versioned by handing the children to Panti Sosial Marsudi Putra (PSMP), and the implementation of social integration through giving CB, CMB, and PB for children who are already serving imprisonment. Some obstacle factors the implementation of restorative justice as one of the alternatives in the implementation of conviction against children in conflict with the law, including physical building facilities and non-physical facilities and legal substance. It is because restorative justice has not been expressly regulated, even though in the law nomer 11, 2012 concerning about the Child Criminal System has been regulated but until now it has not been declared valid. The other factors are legal structure and legal culture.


2021 ◽  
Vol 3 (3) ◽  
pp. 353-364
Author(s):  
Sefitrios Sefitrios

The widespread and systematic crime of corruption is also a violation of the social and economic rights of the community. Therefore, all corruption crimes can no longer be classified as ordinary crimes but have become extraordinary crimes. In an effort to eradicate corruption in Indonesia, the Prosecutor's Office of the Republic of Indonesia continuously works hard with all available capabilities both at the central level (AGO) and at the regional level (High Attorney, District Attorney and District Attorney's Office). In connection with efforts to confiscate and confiscate the proceeds of corruption crimes, it is the most important point in efforts to eradicate corruption in Indonesia, even this is often forgotten by law enforcement where efforts to eradicate corruption are only related to how to punish corruptors. In this paper, the author uses a descriptive qualitative methodology. This paper examines the model of returning assets resulting from corruption crimes in the law enforcement process.


2017 ◽  
Vol 15 (2) ◽  
Author(s):  
Mudassir Mudassir ◽  
Edi Gunawan

This article is a conceptual study of the characteristics and approaches of social aspects of Islamic law. This study is important because Islamic law encompasses various dimensions, namely the abstract dimension, in the form of all the commandments and the prohibitions of Allah and His Messenger, and the concrete dimension, in the form of behavior that is steady among Muslims as an effort to do the command of Allah and His Messenger, In addition, Islamic law also includes substances that are internalized into various social institutions. Therefore, the study of the social aspects approaches in Islamic law is very important. Islamic law has a character, namely rabbaniyah, syumul, al-wasthiyah, and insanity. There are several methods of Islamic law enforcement conducted by aspects of the social approach, especially in Indonesia, namely the establishment of Islamic law through fiqh, the establishment of Islamic law through the law, the establishment of Islamic law through jurisprudence, and the affirmation of Islamic law through fatwas.


2019 ◽  
Vol 4 (3) ◽  
pp. 348
Author(s):  
Iza Rumesten, R.S. ◽  
Febrian Febrian ◽  
Helmanida Helmanida ◽  
Agus Ngadino

The practice of illegal drilling does not only result in destruction for to the environment, but also result in the social gap, national losses, and people’s lives. It happens to illegal drilling conducted manually using traditional equipment and less operational standard. This illegal drilling may happen because ineffective law applied and no regulation on social participation in the Law of oil and natural gas. This research uses the normative method, the result of research is analyzed qualitatively. The research showed that the active social participation was needed in environmental law enforcement to prevent a great number of illegal drilling practice, the higher level of social participation in environmental law enforcement, and the smaller illegal drilling practice could be. Thus, there must be any act arranging for social participation in enforcing the environmental law arranged in the law No. 22 of 2001 because of those the local societies who get the direct effect of environmental destruction as a result of drilling of oil and natural gas illegally.


Author(s):  
Владимир Золотухин ◽  
Vladimir Zolotukhin ◽  
Анастасия Тарасенко ◽  
Anastasiia Tarasenko

This article analyzes the socio-philosophical and socio-cultural approaches to law enforcement practices in the sphere of criminal punishment and its reflection in the Russian mentality. The recognition of ideological pluralism and multidimensionality of the social environment with the existence of differences and contradictions indicates the presence of the law enforcement boundaries as a measure of their certainty. This is due to the fact that law enforcement is associated with mutual interest of the society in the formation of citizenship in the balance of incentives and penalties. The dialectic balance of «weak» and «strong» by means of «the middle attraction» allows one to consider equality as an impossible limit, because it is an equality of those who are not equal. Currently, there is a need of awareness of legal reality on the basis of socio-cultural practices and, moreover, of its cultural content. This phenomenon is due to the identification of law enforcement mechanisms, as well as their dependence on the degree of society relaxation of the state permitted and established criminal penalties, when there are negative consequences of legal nihilism in the Russian mentality. Considering the enforcement as an activity, we must notice that this activity manifests itself in the”act of abstinence" and the "act of doing" (P. Sorokin). If a passive abstinence has place in the first case, the patience appears as a virtue in the second one. In literary practice, this idea is developed by F. M. Dostoevsky and is opposed by L. N. Tolstoy. In «The Karamazov Brothers» the «acts of patience» are explained by the example of Christ's command: «Do not resist evil». The moral awareness transforms the life into true Being, i. e. spiritual Being as «any activity out of the spiritual content is only half the battle» (M. Mamardashvili). Therefore, it is to be wished that every individual had an opportunity to harmonize their personality and mind and also had an idea of true spirituality and its significance for themselves and the whole society. The self-definition of an individual and their openness to accept foreign ideological constructions contribute to the achievement of mutually acceptable forms of behavior («self-preservation behavior») in the community. This behavior is based on the active life position of the law enforcement subject, when one’s responsibility for one’s actions and deeds is combined with Kant's categorical imperative of «Duty». The dialectic balance of «weak» and «strong» is based on the legitimization of the equality. The fundamental equality of all before the law is that we can expect a much more effective solution of the social problems, if we stimulate interpersonal exchanges, instead of relying on the implementation of Someone's knowledge. An activity aspect of law enforcement identifies problems of a lifestyle, quality of life and social communication. Outside its activity aspect the law enforcement is transformed into the realm of speculations, subjective estimations, random parameters and indicators. The moral individual valued conditionality of this behavior is a manifestation of the mentality in contrast to an external economic, social and politically motivated behavior. One gets used to (adapts to) a specific situation. This addiction is accompanied by prolonged social expectations or deferred needs, which are reproduced in specific social and cultural environment (mentality).


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