Law Enforcement on Carok Actor’s Criminal Act

Carok is a tradition in Madurese people in the form of fight for a certain, extreme reason concerning individual’s self-esteem, followed with group fight with the use of weapons, and carok implementation may cause death. In the context of formal law, carok is the manifestation of the actors’ bravery in violating the rules designated in the Criminal Code, thus they must undergo years of criminal imprisonment as actors of serious criminal act. On this basis, this research explored factors causing carok actor’s criminal act and the constraints the police faced in the law enforcement effort on carok actor’s criminal act. The normative law or literature research approach method employed in this research emphasized on criminal law literatures, prevailing laws and regulations, court decisions, legal theories, scholars’ opinions and interviews. This research took descriptive analysis form based on the approach of carok case that caused death in Decision Number 182/Pid.B/2013/PN.Bkl. From the perspective of criminal law, Carok indicates a crime that may be qualified as criminal acts of physical abuse and murder since it contains a certain period or tempo from the start to the implementation of problem, in which the actors have calmly considered any possibilities and consequences of their actions. In general, the reasons of carok actor’s criminal acts are individual or group’s self-esteem abuse, vengeance, inheritance distribution conflict, etc. The author expected that appropriate law enforcement will minimize Carok occurrences, such as through making of special regulation for carok actors and imposition of serious criminal sanction (imprisonment) on carok actors and improved education, especially primary education.

LITIGATION TRANSFORMATION IN LAW ENFORCEMENT EFFORT IN INDONESIA DURING THE COVID-19 PANDEMIC

The Covid 19 pandemic has accelerated digitization in all aspects of life. As an effort to deal with its spread, the legal realm has also undergone a transformation. The implementation of remote litigations during the Covid-19 pandemic has begun to take effect in line with the government's appeal for Physical/ Social distance. The litigations used the support of the internet network or known as e-litigation. It is nothing new in the world because previously developed countries, such as the United States, have used this method beforehand. The implementation of e-litigation in Indonesia is certainly different from other developed countries that are technologically ready. The implementation of e-litigation is a development of the previously implemented e-court program. This study examined the ins and outs of virtual litigations during the pandemic with all the regulations that assist them. The research used normative and empirical juridical methods that provide explanations so that it can be used as an evaluation of implementation during the pandemic period and towards the new normal era. The secondary data were taken from the primary materials from the regulations that apply during the pandemic and the new normal era. In addition, the secondary materials used were also from journals, books, and other literacy sources. The results of this paper can be used as a reference for further research on the transformation of law enforcement that puts forward the modernization of technology and information in fulfilling justice and social welfare.

POLICY CHANGES AND ITS ENFORCEMENT TOWARD FOREIGN WORKERS IN HOTEL INDUSTRY

The change of government after the 14th Malaysian general election is followed by some changes in government policies and practices. Hence, business practices including those in the service industry are also affected. Among the issues raised in the Dewan Rakyat is regarding the employment of foreign labour. While the news has broadcasted information regarding efforts to reduce the number of foreign workers in Malaysia under the new government, scholarly article regarding the matter remains scarce. This paper tracks the current policies on foreign workers and their enforcement effort. Findings from secondary data reveal that there are some changes in policies that regulate foreign workers’ employment, and there is stricter enforcement of the regulations. While the local employees can rest assured that there will be fewer competition for jobs, it is also crucial for them to improve their attitude and increase their productivity.

Fiscal Incentives in Law Enforcement

In recent years, numerous observers have raised concerns about “policing for profit,” or the deployment of law enforcement resources to raise revenue rather than to provide public safety. However, identifying the causal effects of fiscal incentives on law enforcement behavior has remained elusive. In a regression discontinuity design implemented on traffic citation and accident data from Saskatchewan, Canada between 1995 and 2016, a fiscal rule reducing by 75% the share of traffic fine revenue captured by the province in towns above 500 in 1996 population is associated with increased rates of accidents, accident-involved vehicles, accident costs, and accident-related injuries in towns just above this threshold, relative to towns just below the threshold. Further, cited drivers in towns just below this threshold are given fewer days to pay their fines and are less likely to pay their fines on time, leading to higher risks of late fees and license suspensions. These findings suggest that fiscal incentives can indeed distort the allocation of law enforcement effort, with distributional consequences for both public safety and economic well-being.

KONTRADIKSI ANTARA KEWAJIBAN ANAK KEPADA ORANGTUA DENGAN ANAK MENGGUGAT ORANGTUA

<p>Abstract</p><p>This article explains the problem, firstly about the causal factors cause of the child sues the parent. Secondly, regarding law enforcement efforts against Article 46 of Law Number 1 Year 1974 on Mariage to prevent children from suing parents. This research is normative legal research is descriptive. The type of data used is secondary data, data collection techniques used is literature study, further technical analysis used is the nature of descriptive data analysis. The results of the research indicate that the factors causing the child to sue the parent is the existence of problems in the family and the provisions of the Article related to the obligation of the child to the parents has not provided assertiveness that the child who sues the parent is a violation of these provisions. The law enforcement effort against Article 46 of Law Number 1 Year 1974 regarding Marriage to prevent children from suing parents is done by settling family problems through deliberation or through mediation and formulation of continued legal policy as the elaboration of such provisions.</p><p>Keywords: Sues Paren; Child Obligation; Law Enforcement.</p><p> </p><p>Abstrak</p><p>Artikel ini menjelaskan permasalahan, pertama tentang faktor penyebab anak menggugat orangtua. Kedua, tentang upaya penegakan hukum terhadap Pasal 46 Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan untuk mencegah anak menggugat orangtua. Penelitian ini adalah penelitian hukum normatif bersifat deskriptif. Jenis data yang digunakan adalah data sekunder, teknik pengumpulan data yang digunakan adalah studi kepustakaan, selanjutnya teknis analisis yang digunakan adalah sifat analisis data deskriptif. Hasil Penelitian menunjukkan bahwa faktor penyebab anak menggugat orangtua adalah adanya permasalahan dalam keluarga dan ketentuan pasal terkait kewajiban anak kepada orangtua belum memberikan ketegasan bahwa anak yang menggugat orangtua merupakan pelanggaran terhadap ketentuan tersebut. Upaya penegakan hukum terhadap Pasal 46 Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan untuk mencegah anak menggugat orangtua dilakukan dengan penyelesaian permasalahan keluarga melalui musyawarah atau melalui mediasi dan perumusan kebijakan hukum lanjutan sebagai penjabaran ketentuan tersebut.</p><p>Kata kunci: Menggugat Orangtua; Kewajiban Anak; Penegakan Hukum.</p>

Political Law on the Environment: The Authority of the Government and Local Government to File Litigation in Law Number 32 Year 2009 on Environmental Protection and Management

The construction of legal norms concerning the government’s right to file litigation for compensation in Article 90 paragraph (1) of Law No. 32 Year 2009 on Environmental Protection and Management (hereafter referred to as UUPPLH) is very important. However, Article 90 paragraph (1) of UUPPLH raises legal problems in the form of obscurity of norms, regarding the basis that underlies government institutions’ and regional governments’ authority to file claims for compensation. The first hypothesis believes that most of the environmental problems are caused by the ineffectiveness of supervision by the government itself. This research focuses on studying the government’s right to file litigation as a law enforcement effort in the natural resources sector. The method used in this research is normative juridical, which comprehensively assesses the norms regulated by the government’s authority on the environment. The result of the study shows that the legal rights of the government can be utilized to claim civil liability in the form of compensation for ecosystem losses. Constitutionally, the legal basis of the government’s right to file litigation is the State’s right to control the earth, water, and natural resources as regulated in ground norm Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. However, to enforce article 90, the government needs to realize that supervision is the key element of preventive measures.

Strategi Lembaga Adat Panglima Laot dalam Menyelesaikan Konflik (Sengketa) Masyarakat Nelayan di Kabupaten Pidie Provinsi Aceh

This study aims to investigate the role of Panglima laot in solving the conflicts amongst the fishermen in Aceh. Panglima Laot (The sea commander) is a tribal fishing community exist in Aceh that constitute and use customary maritime law (hukom adat laot) as their fundamental rule. Panglima laot has a strategic function as the only platform for all fishmernen in Aceh. One of their strategic duties is to manage the fisherman community as a unite coastal community that depends their life on the sea to meet their daily needs. Panglima laot also serves as the one who will take the responsibility to solve the social conflicts that may occur among the fishermen. This study used the qualitative descriptive method. The data was collected mainly from words and actions that were gathered from observation and and interview. This research tried to find out the concept map and strategy used by Panglima laot in solving various kinds of cases amongst the fishermen. The result showed that Panglima laot used the strategic customary approach to resolve the conflicts. Further, they put the custom values that has rooted in the fishing community as a tool in preventing the disputes in the community. These custom values which include adat laot, hukom adat laot, and hukom meupayong were socialised to the community and applied as the law enforcement effort . These particular effort were used as the main sign carried out by Panglima Laot to prevent conflicts. If the conflicts exist, Panglima laot will solve the conflicts by implementing the customary law which done through Customary Maritime Law Judicial Court.

Konsep Kedaulatan Negara di Ruang Udara dan Upaya Penegakan Pelanggaran Kedaulatan oleh Pesawat Udara Asing

Pengakuan dunia internasional akan wilayah udara sebagai bagian dari kedaulatan negara memberikan legitimasi yang kuat bagi Indonesia sebagai suatu negara yang luas. Namun kondisi ini dapat berubah manakala Indonesia tidak mampu menguasai wilayah kedirgantaraannya sebagai penopang ekonomi dan pertahanan nasional. Ditambah dengan masalah pelanggaran batas kedaulatan yang sering dilakukan oleh pesawat militer negara asing. Penelitian ini dilakukan dengan mengidentifikasi tiga permasalahan, yaitu (1) bagaimana konsep kedaulatan negara di ruang udara menurut hukum internasional dan peraturan perundangan nasional, (2) apa saja bentuk pelanggaran kedaulatan negara di ruang udara nasional, dan (3) bagaimana upaya penegakan atas pelanggaran kedaulatan negara di ruang udara nasional dalam menjaga pertahanan negara. Metode penelitian yang digunakan adalah penelitian hukum normatif dengan pendekatan perundang-undangan (statute approach), pendekatan konseptual (conceptual approach), serta pendekatan perbandingan (comparative approach). Hasil penelitian menyimpulkan bahwa (1) baik hukum internasional dan peraturan perundangan nasional telah mengukuhkan kedaulatan negara di ruang udara yang bersifat penuh dan utuh (complete and exclusive), (2) sejumlah insiden pelanggaran izin masuk dan melintasnya pesawat-pesawat asing ke wilayah udara Indonesia, di mana kebanyakan dari pesawat asing tersebut adalah pesawat militer, dan (3) upaya penegakan atas pelanggaran kedaulatan di wilayah ruang udara nasional, antara lain penegakan hukum terhadap pelanggaran wilayah udara kedaulatan Republik Indonesia dan pelanggaran terhadap kawasan udara terlarang, baik kawasan udara nasional maupun asing.International recognition of airspace as part of state sovereignty gives strong legitimacy to Indonesia as a wide country. However, this condition can be changed when Indonesia can’t control the airspace territory as a pillar of the economic and national defense. The problem increase with several sovereignty violations where that often perpetrated by military aircraft of foreign countries. This research was conducted by identifying three issues, those are (1) how does the concept of state sovereignty over the airspace according to international law and national legislation, (2) what kind of state sovereignty violation over the national airspace, and (3) how does the enforcement efforts on state sovereignty violations in the national airspace maintaining the country’s defense. The method of this research used normative legal research with statute approach, conceptual approach, and comparative approach. This research concluded (1) both the international law and national legislation have confirmed the country’s sovereignty over the airspace are complete and exclusive, (2) number of incidents of breach entry and passage of the foreign aircrafts to Indonesian airspace, which most of the foreign aircraft are military aircraft, and (3) the enforcement effort of sovereignty violations over the national airspace is law enforcement against sovereignty violations over the Republic of Indonesia airspace and the violation of prohibited airspace, both of national and foreign airspaces.