scholarly journals Building an Anti-Corruption Legal Culture

2021 ◽  
Vol 10 ◽  
pp. 1523-1532
Author(s):  
Kaharuddin Syah ◽  
Abdul Malik
Keyword(s):  
Chronic Disease ◽  
Law Enforcement ◽  
Social Norms ◽  
Social Life ◽  
Legal Culture ◽  
The State ◽  
Moral Order ◽  
The Government

Background: Corrupt behaviour in Indonesia is increasingly becoming a culture, which is undoubtedly destructive to the economy and moral order of the nation. Corruption has become a chronic disease in the country, which requires serious treatment, especially by the state. Objective: Building an anti-corruption culture is a genuine and sustained intention; such an effort should be spearheaded y the government. Instilling an understanding that corruption is a despicable act based on religious and social norms which are not ethical. However, corruption’s complexity and its modes or categories have kept on the increase along with the vast power of the state in regulating social life. Various attempts have been made by all the previous governments, but they cannot free the country from the tsunami of corruption. Approach: Though the various policies and law enforcement models have been put in place, corruption persists today. The strategy of building an anti-corruption legal culture should be continuously promoted, in securing a corruption-free future for Indonesia.

scholarly journals MEMBANGUN BUDAYA HUKUM PANCASILA SEBAGAI BAGIAN DARI SISTEM HUKUM NASIONAL INDONESIA DI ABAD 21

2015 ◽  
Vol 1 (2) ◽  
Author(s):  
Sunaryati Hartono
Keyword(s):  
Law Enforcement ◽  
Daily Life ◽  
Legal Culture ◽  
The State ◽  
Proper Place ◽  
The Law ◽  
The Government ◽  
Law Making

This article discusses the weaknesses of Indonesian (internal) legal culture. The author argues that this weakness points to the attitudes, behavior, and beliefs about the proper place of law in daily life as entertained by individuals working in the government, law making institutions as well as those working in the law enforcement sector. Moreover, this internal weakness in Indonesian legal culture, poses a threat to the unity of Indonesia as a nation. One solution offered is to return to and revive the State ideology and philosophy, Pancasila, as the basis to develop a more viable and healthy Indonesian legal culture.

scholarly journals IMPIAN YANG TERABAIKAN

2019 ◽  
Vol 4 (II) ◽  
pp. 181-204
Author(s):  
Amrunsyah
Keyword(s):  
Law Enforcement ◽  
Legal Culture ◽  
The State ◽  
Legal Issues ◽  
Legal Certainty ◽  
The Public ◽  
Legal Structure ◽  
The People ◽  
The Law ◽  
The Government

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.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

Blurring the Lines

2021 ◽  
pp. 29-54
Author(s):  
Daniel R. Brunstetter
Keyword(s):  
Law Enforcement ◽  
Just War ◽  
Use Of Force ◽  
The State ◽  
Special Forces ◽  
Terrorist Groups ◽  
The Government ◽  
Peace And War ◽  
Clear Line ◽  
Western Democracies

Law enforcement is often seen as the de facto, and relatively pure, alternative to contemporary just war. If we are not at war, then the more restrictive law enforcement is the viable paradigm. This chapter interrogates two assumptions underlying this view. It begins by demystifying the unwritten assumption that the liberal law enforcement paradigm associated with Western democracies is the idealized foil to just war. Using France, whose postcolonial legacy complicates the turn to the Western liberal paradigm as an illuminating case, the chapter explores how domestic warlike violence creates a state of fractured order—the violence and potential for abuses of power that permeate society as the government seeks to balance security and individual rights. The chapter then turns to the transnational context to challenge the view that there exists a clear line between the state of war and the state of peace. Mali serves as a paradigmatic case to illustrate how the effectiveness of law enforcement is curtailed in spaces of contested order where heavily armed terrorist groups challenge the authority of the state, thus prompting a turn to Special Forces and drones to restore order. In both contexts, the chapter identifies a shift away from the restrained norms that typically govern the use of force in law enforcement to more warlike uses of force that blur the lines between peace and war. The chapter concludes with a reflection on how this shift might inform the ethics of limited force, which lies between law enforcement and just war.

scholarly journals The Civic Duty to Report Crime and Corruption

2014 ◽  
Vol 9 (1) ◽  
pp. 50-64 ◽  
Author(s):  
Candice Delmas
Keyword(s):  
Law Enforcement ◽  
Political Stability ◽  
The State ◽  
Moral Duty ◽  
Civic Duty ◽  
The Public ◽  
Corrupt Activity ◽  
The Will ◽  
The Government ◽  
General Scope

Is the civic duty to report crime and corruption a genuine moral duty? After clarifying the nature of the duty, I consider a couple of negative answers to the question, and turn to an attractive and commonly held view, according to which this civic duty is a genuine moral duty. On this view, crime and corruption threaten political stability, and citizens have a moral duty to report crime and corruption to the government in order to help the government’s law enforcement efforts. The resulting duty is triply general in that it applies to everyone, everywhere, and covers all criminal and corrupt activity. In this paper, I challenge the general scope of this argument. I argue that that the civic duty to report crime and corruption to the authorities is much narrower than the government claims and people might think, for it only arises when the state (i) condemns genuine wrongdoing and serious ethical offenses as “crime” and “corruption,” and (ii) constitutes a dependable “disclosure recipient,” showing the will and power to hold wrongdoers accountable. I further defend a robust duty to directly report to the public—one that is weightier and wider than people usually assume. When condition (ii) fails to obtain, I submit, citizens are released of the duty to report crime and corruption to the authorities, but are bound to report to the public, even when the denunciation targets the government and is risky or illegal.

scholarly journals CONCEPTS AND APPLICATION OF GOOD GOVERNANCE IN THE GOVERNMENT OF OMAR BIN ABDUL AZIZ

2021 ◽  
Vol 6 (1) ◽  
pp. 117-132
Author(s):  
Zul Karnaini
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Private Sector ◽  
Good Governance ◽  
The State ◽  
Umayyad Dynasty ◽  
Effectiveness And Efficiency ◽  
The Government ◽  
Good And Evil ◽  
Islamic Values

The term Good Governance (an-Nizam al-Siyasah) is an Islamic concept in the implementation of good governance according to the Qur'an and Hadith. This concept was re-emerged by UNDP in 1990 which was implemented by Umar bin Abdul Aziz during the Umayyad dynasty, in balancing a synergistic and constructive relationship between the state, the private sector and society, through the principles of good governance applied by Umar bin Abdul Aziz: 1. tawhid, 2. Trust, 3. Deliberation, 4. Justice and Law Enforcement, 5. Equality, 6. Brotherhood, 7. Human Rights (HAM), 8. Effective and Efficient, 9. Social Supervision. Umar bin Abd Aziz's principles of good governance are in line with Islamic values, such as: Allah as the highest caliph, trustworthiness, deliberation, justice, equality, brotherhood, human rights, and commanding good and evil. In comparison, UNDP and LAN Good Governance have the following principles: participation, law enforcement, transparency, equality, responsiveness, effectiveness, professionalism, supervision. The principles of good governance of Umar bin Abdul Aziz associated with maqasid sharia are; the principle of tawhid according to maqasid shari'ah in the field of muhafazah ad-din (maintaining religion), the principle of trustworthiness and effectiveness and efficiency, including the category of muhafazah al-mal (protection of property). The application of deliberation, including the category of muhafazah al-aql (preservation of reason) and brotherhood is included in the category of muhafazah al-nasl (maintaining offspring). Human Rights (HAM) are included in the category of muhafazah al-nafs (protecting the soul). in line with the maqasid shari'ah al-Syatibi. If tawhid is connected with Imam Malik's istislahi theory, then this principle includes daruriyyah (principle), while justice and law enforcement, deliberation, trust, equality, brotherhood are included in the hajiyyah category. effective, efficient, social supervision is included in the category of taksiniyah. Then how is good governance implemented and how is it related to UNDP good governance. This is the study of this treatise as material to add to the treasures of knowledge in the state Abstrak: Istilah Good Governance (an-Nizam al-Siyasah) merupakan konsep Islam dalam pelaksanaan tata kelola pemerintahan yang baik sesuai al-Qur’an dan Hadits. Konsep ini dimunculkan kembali oleh UNDP pada 1990 yang pernah dilaksanakan Umar bin Abdul Aziz pada masa dinasti Umayyah, dalam menyeimbangkan hubungan yang sinergis dan konstruktif antara negara, sektor swasta dan masyarakat, melalui  prinsip  good governance yang diterapkan Umar bin Abdul Aziz: 1. tawhid, 2. Amanah, 3. Musyawarah, 4. Keadilan dan Penegakan Hukum, 5. Persamaan, 6. Persaudaraan, 7. Hak Asasi Manusia (HAM), 8. Efektif dan Efisien, 9. Pengawasan Sosial. Prinsip-prinsip Good governance Umar bin Abd Aziz  sejalan dengan tata nilai Islam, seperti: Allah sebagai khalifah tertinggi, amanah, musyawarah, keadilan, persamaan, persaudaraan, HAM, dan amar makruf nahi munkar.  Sebagai bandingannya adalah Good Governance UNDP dan LAN memiliki prinsip sebagai berikut: partisipasi, penegakan hukum, transparansi, kesetaraan, daya tanggap, efektif, profesionalisme, pengawasan. Prinsip-prinsip good governance Umar bin Abdul Aziz diakaikan dengan maqasid syariah adalah; prinsip tawhid sesuai maqasid syari’ah bidang muhafazah ad-din (menjaga agama), prinsip amanah dan efektif serta efisien termasuk ketagori muhafazah al-mal (penjagaan harta). Penerapan musyawarah, termasuk kategori muhafazah al-aql (penjagaan akal) dan persaudaraan  termasuk kategori muhafazah al-nasl (menjaga keturunan). Hak Asasi Manusia (HAM) termasuk kategori muhafazah al-nafs (menjaga jiwa). sejalan dengan maqasid syari’ah al-Syatibi. Jika dihubungkan  tawhid  dengan teori  istislahi Imam Malik maka prinsip ini termasuk daruriyyah (pokok), sementara keadilan dan penegakan hukum, musyawarah, amanah, persamaan, persaudaraan termasuk tingkatan kategori hajiyyah. efektif, efisien, pengawasan sosial termasuk kategori taksiniyah. Lalu bagaimanakah good governance ini diterapkan dan bagaimana hubungannya dengan good governance UNDP. Inilah kajian risalah ini sebagai bahan untuk menambah khazanah ilmu pengetahuan dalam bernegara. Kata Kunci: Tata Kelola, Konsep dan Aplikasi yang Baik, Pemerintahan Omar Bin Abdul Aziz

scholarly journals The Organization of Criminal Proceedings During a Pandemic when the State of Emergency Has Not Been Declared (Using the Example of COVID-19 Pandemic)

2021 ◽  
Vol 15 (2) ◽  
pp. 248-260
Author(s):  
Michael Menzhega ◽  
Marina Sawelewa ◽  
Aleksandr Smuskin
Keyword(s):  
Law Enforcement ◽  
Information And Communication Technologies ◽  
Emergency Situation ◽  
The State ◽  
Personal Contact ◽  
Negative Consequences ◽  
Criminal Proceedings ◽  
State Of Emergency ◽  
Information And Communication ◽  
The Government

The authors analyze the work of law enforcement bodies in the conditions of the pandemic when the situation has not been recognized as an emergency by the government authorities and the state of emergency has not been announced (using the example of the situation in March — April of 2020 connected with the COVID-19 pandemic). They stress the importance of a comprehensive assessment of how critical the situation is and of carrying out certain actions even before it is recognized as an emergency. The authors also analyze various approaches to this situation used in difference regions of Russia and point out negative consequences of the implementation of some decisions. It is shown that law enforcement activities, in comparison with other functions of the state, provide fewer opportunities for avoiding personal contact with citizens. In this connection, different ways of carrying out criminalistic activities effectively that take into consideration the necessity of minimizing personal contact for the investigator are presented, such as: distance communication, investigative activities in virtual reality, use of unmanned aerial vehicles to examine the scene of crime without visiting the area during lockdown, use of criminalistic robotics and other robotic complexes. The authors note with regret that while the administration of law enforcement during an emergency situation or a state of emergency is supported by research-based recommendations, it is left in a virtual vacuum, research- and methodology-wise, in the situation of restrictive measures and self-isolation. The article describes both measures of general prevention (use of medical masks, disposable gloves, disposable clothes, hazmat suits), and special possibilities provided by information and communication technologies available in the conditions of the fourth information revolution. The latter, according to the authors, are a wider use of videoconferencing (including its use for such investigative actions as interrogation, confrontation, identification parade, examination), use of computer-augmented reality, implementation of the concept of electronic justice and the use of robotic complexes for criminalistic purposes.

scholarly journals Urgensi Saksi Pelaku yang Bekerjasama (Justice Collaborator) dalam Tindak Pidana Korupsi

2020 ◽  
Vol 1 (1) ◽  
pp. 179-185
Author(s):  
Ni Luh Made Dwi Pusparini ◽  
A. A. Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Law Enforcement ◽  
Social Life ◽  
Government Regulation ◽  
Legal Protection ◽  
The State ◽  
Major Influence ◽  
Criminal Sanctions ◽  
The Supreme Court ◽  
The Law ◽  
Article 5

The State of Indonesia appears as a State of Law meaning that State power is exercised according to applicable laws so the law applies to all aspects of social life that lead to the creation of an objective of the law. As a consequence of the weakness of the law in the State of Indonesia there are still a large number of crimes that are developing, including the criminal acts of corruption as one of organized crimes. Not only have corruption crimes developed in Indonesia but also in other countries. As a result, in tackling the emergence of the criminal acts of corruption, it is necessary to have perpetrators cooperating as witnesses with law enforcement authorities in terms of revealing the main perpetrators and others so it has a major influence on the corruption case. Using the normative legal research method, this research examines the urgency of regulating witnesses of collaborating perpetrators in a the criminal act of corruption and the criminal sanctions against witnesses of collaborating perpetrators in criminal acts of corruption. The results show that in positive Indonesian law there are regulations regarding Justice Collaborator in Government Regulation No 71 Article 5 Paragraph (2) of 2000 regulating the rights and legal protection of every witness, criminal reporter / witness who reports. Whereas judges’ considerations in imposing criminal sanctions on justice collaborators in the criminal acts of corruption which are based on Law No. 20 of 2001 related to Law No. 31 of 1999 concerning Eradicating Corruption Crimes and is contained in the Supreme Court Circular No. 4 of 2011 in specific actions regarding Criminal Sanctions namely providing relief in other forms of protection.

ORGANIZATIONAL AND ECONOMIC MECHANISM OF IMPLEMENTATION OF THE STATE POLICY OF ECONOMIC RECOVERY OF THE SPHERES OF LIFE IN THE POST-CONFLICT TERRITORIES OF UKRAINE

2018 ◽  
Author(s):  
Hanna Telnova ◽  
◽  
Tamara Gurzhiy ◽  
Keyword(s):  
National Economy ◽  
State Policy ◽  
Social Life ◽  
Local Development ◽  
The State ◽  
Information Support ◽  
Economic Mechanism ◽  
Post Conflict ◽  
The Government ◽  
Key Participants

The article is devoted to the development of the organizational and economic mechanism for the implementation of the state policy for the restoration of the spheres of life in the post-conflict territories of Ukraine. Methods. To solve the set tasks, the essence of the organizational and economic mechanism for implementing the state policy of restoring the spheres of life in post-conflict territories of Ukraine was investigated and clarified, the methods of interaction between the government and local self-government bodies with key participants in local development were analyzed and systematized to maintain the efficiency and competitiveness of the region, the organizational and information support of the mechanism was substantiated. As a result of the study, an approach to the formation of an organizational and economic mechanism for the implementation of the state policy for the restoration of the spheres of life in postconflict territories of Ukraine was developed, a feature of which is the transformation of the emphasis on strengthening the institutional framework for creating dialogue, interaction and strong relationships between participants in post-conflict reconstruction from the state and communities in order to overcoming social and economic tensions accompanying post-conflict development. The proposed organizational and economic mechanism for implementing the state policy of restoring the spheres of life in post-conflict territories of Ukraine goes beyond its traditional understanding (with an emphasis on physical restructuring), takes into account the methods, levers and tools aimed at building inclusive institutions, spaces for dialogue between the state and participants in post-conflict reconstruction , the population, which helps to establish the relationship between economic and social life in the peaceful and post-conflict territories of the country, to overcome disproportions and alienation in the process of reintegration of territories into the national economy. The proposed mechanism makes it possible to overcome the economic problems of the affected territories and accelerate their reintegration into the national economy.

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