Instructing the People and Disseminating the Laws

Author(s):  
Robert J. Antony

Chapter 3 discusses the Qing state’s attempts to prevent crime and maintain social order through the dissemination of law and moral suasion. For the state this meant that educating the people about the law was a vital preliminary step in crime prevention. Officials distributed throughout the empire copies of the law code and imperial injunctions and required that each community establish semi-monthly community lectures to explain them. Important laws and local regulations were routinely posted in markets and at city gates, often engraved on stone steles. Officials also encouraged lineage and family elders to teach their members about what conduct was appropriate and legal. Nonetheless, despite all the efforts of the state to disseminate the law among the lower orders, in and of themselves, these measures had little impact on actual law enforcement and deterrence of crime.

2018 ◽  
Vol 6 (3) ◽  
pp. 26-30
Author(s):  
Тимур Чукаев ◽  
Timur Chukaev

The Article is devoted to the theoretical and legal heritage of the prominent Russian lawyer Vasily Nikolaevich Leshkov (1810–1881), his ideas about society as a subject of public administration, about the interaction of civil society and the police as subjects of the implementation of the law enforcement function. The methodological basis of the research is general scientific (historical, systemic, functional) and special (formal-legal, historical-legal, comparative-legal) methods of legal research. A theoretical legacy, V. N. Leshkov, which contemporaries did not understand, and the descendants of the forgotten, to comprehend the researchers in the twenty-first century.


2019 ◽  
Vol 3 (2) ◽  
pp. 156-162
Author(s):  
Ilham Ilham

Criminal law policy of the authority of the Corruption Eradication Commission the authority associated with the Corruption Eradication Commission (KPK) is the state agency that are unconstitutional, although not spelled out in the state constitution is the 1945 Constitution. Corruption eradication commission (KPK) was formed to look at the nature of the corruption itself is an extraordinary crime, so it requires an independent institution to fight corruption in Indonesia. Background The Commission is not due to the formation of the constitutional design rigidly interpreted, but rather incidental issues in the country and the common will of the people of Indonesia to combat corruption. Position of the Commission as a state agency is independent and free from the influence of any power, it is meant for combating corruption Commission did not get the intervention of any party. The establishment of the Commission was also a response to the ineffectiveness of the law enforcement agency performance so far in combating corruption, which impressed protracted in handling even indicated there was an element of corruption in the handling of his case. The authority granted by the Act prosecution to the Commission under the authority of the legitimate .The authority of the Commission is constitutional, it is reinforced by a number of decisions of the Supreme constitution..


2019 ◽  
Vol 4 (II) ◽  
pp. 181-204
Author(s):  
Amrunsyah

This paper is entitled "The Neglected Dream" (Implementation of the Purpose of Law and Criminal Law in Indonesia). Law and the purpose of law have interrelated and inseparable links. The law always plays an important role in a country even the law has a multifunction with the aim of the public good in order to achieve justice, legal certainty, order, expediency, and others. However, this is far from the fire. That is, the public is only given the wind of heaven and dreams that wash away while the state authorities use the law as a tool to suppress society, so that society can be positioned in accordance with the desires of the state authorities. The implementation of the law and the purpose of the law in force in Indonesia is clearly visible, so through a number of legal theories set forth in this paper will be a little stomping for anyone who understands it when compensating for the facts that occur in the midst of society. In fact, for people who want to get legal justice but in reality are entangled in the law. The government should be serious in responding to this because the people have given full mandate to manage this country, including in dealing with legal issues, both in terms of legal structure, legal substance and legal culture played by law enforcement.


2017 ◽  
Vol 31 (2) ◽  
Author(s):  
Ismail Ghonu

ABSTRACTInternally there is a factor in the every person to commit a crime, so that in need of institutions that can regulate the life of the community so that the life of the community so that the rights of every human being can be protected. On this based John Locke put forward the theory known of social contract theory. According to his theory the state is built on the basis of social contract between the government as the holder of power with the people as the holder of sovereignty. Governments are given the power to organize order and create an atmosphere in which the people can enjoy there natural rights safety. On the other hard the people will obey the government if the rights are guaranteed. The task of provecting human rights in society at the level of public interest in the obligation and  responsibility of the state. The duty by the state is then submitted to the law enforcement apparatus as a componen in the criminal justice system consisting of the police, prosekutors, courts and correctional institution popularized as the “criminal justice system”. As a componen of the criminal justice system, prosekutors are required to always independence from the interference of any party including the executive. However it apparently that the attorney general will find it difficult to be free from executive intervention because is structurally. The attorney general is executive power. The attorney general however as the leader of the prosecutor institution must structurally submit to has attributor the President. The independence of the prosecutor needed in order to enforce the law in on honest, fair, independent, responsible, professional and transparant manner that up holds the principles of fair trial and equality before the law. This is should be done because the attorney general is a determinant factor in criminal law enforcement as a bar for prosecution of criminal cases to court. In law enforcement practice so far can be publically know that the prosecutors office in carrying out its duties and responsible still not free from the authors. Now is the time for the idea of a constructive to build an independent and independent prosecutors image in a real sense by rising the general theme of “the independence of the prosecutor office in the criminal justice system in Indonesia”. ABSTRAKSecara internal terdapat adanya faktor kecenderungan setiap orang untuk melakukan kejahatan, sehingga dibutuhkan institusi yang dapat mengatur kehidupan masyarakat agar hak-hak setiap manusia dapat terlindungi. Atas dasar inilah John Locke mengemukakan teori yang dikenal sebagai social contract theory (teori kontrak sosial). Menurut teori ini, Negara dibangun atas dasar kontrak sosial antara pemerintah sebagai pemegang kekuasaan dengan rakyat sebagai pemegang kedaulatan. Pemerintah diberikan kekuasaan untuk menyelenggarakan ketertiban dan menciptakan suasanadimana rakyat dapat menikmati hak-hak alamnya (natural right) dengan aman. Di lain pihak rakyat akan mematuhi pemerintah apabila hak-hak tersebut terjamin. Tugas untuk melindungi hak-hak manusia dalam masyarakat pada tataran kepentingan publik adalah menjadi kewajiban dan tanggung jawab negara. Tugas tersebut oleh negara selanjutnya diserahkan kepada aparat penegak hukum sebagai suatu komponen dalam sistem peradilan pidana yang terdiri dari instansi kepolisian, kejaksaan, pengadilan dan lembaga pemasyarakatan yang secara populis dikenal dengan sebutan criminal justice system. Sebagai komponen dari sistem peradilan pidana, kejaksaan dituntut untuk selalu menjaga independensinya dari campur tangan pihak manapun termasuk eksekutif. Namun nampaknya kejaksaan akan sulit untuk terbebas dari campur tangan eksekutif karena secara struktural, kejaksaan berada di bawah kekuasaan eksekutif. Bagaimanapun juga, Jaksa Agung sebagai pemimpin lembaga kejaksaan secara struktural harus tunduk kepada atasannya, yaitu Presiden sebagai pemegang tertinggi kekuasaan eksekutif. Independensi kejaksaan dibutuhkan agar dalam penegakan hukum dilakukan secarajujur, adil, mandiri, bertanggungjawab, profesional dan transparan yang menjunjung tinggi prinsip-prinsip fair trial dan equality before the law. Hal ini harus dilakukan karena kejaksaan merupakan faktor determinan dalam penegakan hukum pidana sebagai palang pintu bagi penuntutan perkara pidana ke pengadilan. Dalam praktek penegakan hukum selama ini secara kasat mata dapat diketahui publik bahwa kejaksaan dalam mengemban tugas dan tanggungjawabnya masih belum bebas dari intervensi kekuasaan eksekutif, karena esensinya kejaksaan adalah perpanjangan tangan dari Presiden selaku kepala kekuasaan eksekutif negara. Menurut penulis, saatini sudah saatnya untuk digagas pemikiran yang konstruktif untuk membangun citra kejaksaan yang mandiri dan independen dalam arti nyata dengan mengangkat tema sentral “independensi kejaksaan dalam sistem peradilan pidana di Indonesia”.


Author(s):  
Alexandr V. Izmalkov ◽  
Alexander A. Kuznetsov ◽  
Pavel A. Kuznetsov ◽  
Ella Y. Kuzmenko

We analyze the law enforcement practice of judicial authorities on taxes and fees, since the Tax Code of the Russian Federation is a rather controversial regulatory legal act. Tax disputes arise both at the initiative of tax authorities and at the initiative of taxpayers. Purpose: to determine the main directions of law enforcement practice of courts in tax disputes. We use general scientific and specially legal methods as research methods. The focus is on the method of analysis. In the course of the research, we analyze the con-sideration of cases by judicial authorities on tax disputes, their quantitative and qualitative characteristics. We conclude that the emergence of disagree-ments between taxpayers and the state body when resolving the issue of the legality of their actions (inaction), as well as the legality of a non-normative legal act is the main reason for the formation of law enforcement practice in tax disputes. During the passage of all stages of the application of the law, it is also necessary to establish the existence of a cause-and-effect relationship between the actions of the taxpayer and the resulting consequences. The main points of this process go through several stages. We define the main directions of the law enforcement practice of courts in tax disputes.


Author(s):  
Komang Ekayana

Corrupted state assets certainly hurt the country narrowly, but also broadly where it harms the country and its people. However, the formal approach through the current criminal procedure law has not been able to recover the losses suffered by the state. In fact, state losses resulting from corruption are state assets that must be saved. Then there needs to be a new breakthrough to recover state losses through the asset recovery model. When looking at the country from the perspective of the victims, the state must obtain protection, in this case recovery from the losses suffered due to corruption. This paper examines the model of returning assets resulting from corruption in the law enforcement process that focuses on the rule of law in the 2003 UNCAC Convention and the mechanism of returning state assets in terms of Law No. 20 of 2001 concerning amendments to Law No. 31 of 1999 concerning Eradication of Corruption Crimes. 


2021 ◽  
Vol 66 ◽  
pp. 113-117
Author(s):  
M.O. Buk

This article is dedicated to the analysis of the essential hallmarks of social services procurement. The attention is focused on the absence of the unity of the scientists’ thoughts as for the definition of the term “social procurement”. It has been determined that in the foreign scientific literature the scientists to denote the term “social procurement” use the notions “social contracting”, “social order” and “social commissioning”, and they use these notions with slightly different meanings. Therefore, the notion “social procurement” is defined as: 1) activity of a country; 2) form of the state support; 3) complex of measures; 4) legal mechanism. The article has grounded the expediency of the definition of social procurement in the legal relations of social care as a special legal way to influence the behavior of the parties of the social care legal relations. The publication advocates the idea that social procurement is one of the conditions for the rise of the state and private sectors partnership. The state-private partnership in the legal relations regarding the provision of social services is proposed to be defined as cooperation between Ukraine, AR of Crimea, territorial communities represented by the competent state bodies, self-government bodies (authorized bodies in the sphere of social services provision) and legal entities, but for the state and municipal enterprises and establishments, and organizations (providers of social services) regarding the provision of social services, which is carried out on the basis of an agreement and under the procedure set by the Law of Ukraine “On Social Services” and other legal acts that regulate the social care legal relations. The article substantiates the thesis that the subject of the social procurement is social services and resolution of social issues of the state/regional/local levels in the aspect of the satisfaction of the needs of people/families for social services (state/regional/local programs of social services). It has been determined that the main forms of realization of the social procurement in the social care legal relations are public procurements of social services and financing of the state/regional/local programs of social services. The public procurement of social services is carried out under the procedure set by the Law of Ukraine “On  Public Procurement” taking into account the special features determined by the Law of Ukraine “On Social Services”. The social procurement in the form of financing of the state/regional/local programs of social services is decided upon the results of the tender announced by a client according to the plan for realization of the corresponding target program.


Media Iuris ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 350
Author(s):  
Rendy Ardy Septia Yuristara

Advocates are the most vulnerable professions to be Gatekeepers in money laundering. Indeed, the advocate profession is part of the law enforcement apparatus that can contribute better in preventing money laundering activities to develop. Affirmation about the role of advocate that can suppress the occurrence of money laundering crime, that is with the issuance of PP. 43 of 2015, which places advocates as one of the reporting parties in the agenda of eradicating money laundering crime. However, the substance of the rule draws criticism from some misguided advocates in interpreting the intent and purpose of the arrangement. Moreover there are some advocates who consider that the rule is against the rules that regulate immunity rights in the profession advocate. The misinterpretation of some advocates related to the immunity rights inherent in the profession, causing the work of the advocate profession to be considered irrelevant, and not worthy of being called the nobleprofession (OfficiumNobile), But as a bad profession in integrity and promoting commercialization. In fact, the basic purpose of the arrangement of PP. 43 of 2015, which places the advocate profession as one of the reporting parties on the eradication agenda of money laundering, is a form of respect for the profession of advocate who is a noble profession, by prioritizing his professional responsibilities to the state, society and God, as well as his obligations as part of The legal profession to uphold the law and uphold the value of human rights while on duty.


Author(s):  
О. І. Безпалова

Розкрито сутність адміністративно-правового механізму реалізації правоохоронної функції держави. З'ясовано основні ознаки, характерні для адміністративно-правового ме­ханізму реалізації правоохоронної функції держави. Визначено перелік елементів, що вхо­дять до цього механізму. Обґрунтовано, що основними системоутворюючими елементами є інституційна та правова складові. Визначено основні кроки в напрямі забезпечення ефек­тивного функціонування адміністративно-правового механізму реалізації правоохоронної функції держави.   The essence of the administrative and legal mechanism for the implementation of the law enforcement functions of the state. Find out the main characteristics of an administrative and legal mechanism for the implementation of the law enforcement functions of the state. The list of items included in this mechanism. It is proved that the main elements of the backbone is the institutional and legal components. The basic steps to ensure the effective functioning of the administrative and legal mechanism for the implementation of the law enforcement functions of the state.


2021 ◽  
Vol 8 (2) ◽  
pp. 193
Author(s):  
Mirza Nasution ◽  
Muhammad Yusrizal Adi Syaputra

The state is a social entity that consists of areas that have almost similar historical-cultural backgrounds. These areas have administrative divisions that are hierarchical in nature, where the division aims to accelerate the development and improvement of the area and the people in it. The research method used in this research is normative legal research method. The normative legal research method is a research method that looks for facts through the variables derived from the laws and regulations that are examined on their implementation and their effectiveness and shortcomings so that improvements and improvements can be made to these laws and regulations. Regional head elections are an inseparable part of a country that adheres to the principles of democracy and is even part of the characteristics of a democratic country.


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