Peranan Hukum Dalam Persepektif Filsafat Terhadap Pemberantasan Korupsi

Tindak pidana korupsi bukan saja dapat dilihat dari perspektif hukum pidana, melainkan dapat dikaji dari dimensi lain, misalnya perspektif legal policy (law making policy dan law enforcement policy), Hak Asasi Manusia (HAM) maupun Hukum Administrasi Negara. Tindak pidana korupsi merupakan salah satu bagian dari hukum pidana khusus. Apabila dijabarkan, tindak pidana korupsi mempunyai spesifikasi tertentu yang berbeda dengan hukum pidana umum, seperti penyimpangan hukum acara dan materi yang diatur dimaksudkan menekan seminimal mungkin terjadinya kebocoran serta penyimpangan terhadap keuangan dan perekonomian negara.

Complex Correctional Institutions at the Present Stage of Reforming the Penal Enforcement System of the Russian Federation

Introduction: the article is devoted to the creation of correctional institutions of combined type with regard to the current penal enforcement legislation and the Concept for the development of the penal enforcement system of the Russian Federation up to 2030. The foundation of correctional institutions of this type corresponds to the modern penal enforcement policy of the Russian Federation, but requires scientific study. The relevance of the presented article is also determined by modern trends in penitentiary science and practice. Purpose: on the basis of generalization and analysis of official statistical data, theoretical and scientific sources, findings and approaches of scientists-penitentiaries, to comprehensively reveal the prospects for establishing institutions of combined type at the current stage of the RF penal enforcement system development. Methods: the dialectical method of scientific cognition was used when writing a scientific article. The following scientific methods of cognition were also applied: comparative law, induction, deduction, analysis, synthesis, and statistical. Results: in the course of the study and based on its results, the authors developed a theoretical model of a complex correctional institution (institution of combined type), which includes separate areas proposed and scientifically justified by the authors. Each area of the combined type institution selected by the authors is described separately and in detail. The theoretical model of a complex correctional institution (institution of combined type) corresponds to the provisions of the current legislation, as well as the prospects for its development up to 2030, and also widens and complements them. Conclusions: in order to capture correctional facilities of a combined type in the RF penal enforcement legislation, it is proposed to enshrine the theoretical model of a complex correctional institution proposed by the authors in the corresponding articles.

The relative effectiveness of law enforcement policies aimed at reducing illegal trade: Evidence from laboratory markets

Despite recent emphasis and implementation of national and international anti-money laundering policies, illegal product markets, and their associated illicit profit remain a global problem. In addition to law enforcement aimed at reducing money-laundering, enforcement also takes place during (1) the production (e.g. crop eradication) and (2) sale (e.g. seizure of products during transportation that interrupts buyer and seller transactions) of the illegal product. Since funds for enforcement come from limited budgets, understanding where in this production-trade-laundering cycle law enforcement is most impactful becomes a global question. Using laboratory experimental markets and a seizure rate of 20%, we find that law enforcement focused on seizing laundered profits does little to reduce illegal market activity when compared to no law enforcement, suggesting that focusing law enforcement on money laundering will likely be ineffective at reducing crime. Results further show the amount of illicit trade is nearly 32% lower when law enforcement is focused at the point of sale, and there may be additional economic incentives that reduce illicit trade in the long run when compared to no law enforcement. Enforcement at the point of production also reduces market activity, but not as effectively as enforcement at the point of sale. Lastly, the empirical findings deviate from equilibrium predictions, suggesting law enforcement policy based on theory alone may lead to inefficient allocation of limited law enforcement resources.

Law Enforcement Policy on Wage Provision for Workers with a Work Period of more than 1 (One) Year

This paper aims to determine whether the government has imposed drinking wages in a national wage system. Considering that wages are one of the important aspects in the protection of workers, as mandated in Article 88 Paragraph (1) of the Manpower Law. This means that every worker has the right to earn income in the form of wages that meet a decent living for humanity. The implementation of the minimum wage is intended as one way to improve the welfare of workers and their families. The research method used is normative juridical using secondary data. Based on the results of the research, it is known that the application of a minimum wage in a national wage system is one of the important aspects in the protection of workers as mandated in Article 88 Paragraph (1) of the Manpower Law.

Perceptions of the IQOS Heated Tobacco Product on Twitter in the United States

After the approval of the sales of IQOS in the United States market, discussions about IQOS have become active on social media. Twitter is a popular social media platform to understand public opinions toward IQOS. This study aims to explore public perceptions toward IQOS on Twitter in the United States. IQOS-related tweets from the United States between November 19, 2019, and August 24, 2020, were collected using a Twitter streaming application programming interface (API). Sentiment analysis was performed to determine whether the public perceptions toward IQOS were positive, neutral, or negative. In addition, topics discussed in these tweets were manually coded. From November 2019 to August 2020, the number of tweets discussing IQOS was relatively constant except for a peak starting from July 7, 2020, which lasted for 4 days. Among IQOS tweets with positive sentiments, the most popular topic is “IQOS is safer than cigarettes,” followed by “IQOS helps quit smoking.” Among tweets with negative sentiments, the most popular topic is “illegal marketing/selling to youth,” followed by “health risks/fire hazards.” “FDA approval/regulation” is the most popular topic for tweets with neutral sentiments. After the announcement of the United States Food and Drug Administration (FDA) enforcement policy on unauthorized flavored e-cigarette products on January 2, 2020, the proportion of tweets with positive attitudes toward IQOS significantly increased, while the proportion of negative tweets significantly decreased. Our study showed that the public perception of IQOS in the United States became more positive after the FDA enforcement policy on flavored e-cigarettes. While many Twitter users thought IQOS is safer than cigarettes and helps quit smoking, some Twitter users complained about the illegal marketing and health risks of IQOS. These findings provide useful information on future tobacco regulations.

About definition of the concept and essence of the criminal and executive policy of Ukraine

The article is devoted to the definition of the concept and essence of the criminal-executive policy of Ukraine. The article presents the views and positions of leading domestic scientists on this issue. Scientific concepts on the perception of penitentiary policy as one of the areas of domestic activities for the execution and serving of crim-inal sentences are analyzed. The focus is on the mandatory use of the term “criminal” when defining the concept of criminal enforcement policy, as it specifies the relevant vector of state activity. The etymology of this term as well as the term “punishment” is also studied and it is proved that the combination of these two terms is the most appropriate and correct when determining the relevant direction of domestic policy. The views of scholars on the perception of the essence of criminal-executive policy of the state as a set of key provisions, fundamental aspects that form the basic provisions of further implementation of domestic policy in the field of execution and serving of criminal sentences are analyzed. Additionally, the perception of the essence of penitentiary policy as a direction of development of scientific thought in the field of execution and serving of criminal punishments is analyzed. Based on the analyzed, the author’s approach to defining the concept and essence of criminal executive policy of Ukraine is proposed. The article considers the positions of scholars on the use of the definition of “policy in the field of execution of criminal penalties” as an alternative to the phrase “criminal-executive policy”. The key arguments of the authors regarding the assertion of this position are analyzed, in particular, the existence of state coercion as a mandatory element of state policy in this direction. The importance of the imperative method for settling le-gal relations in this area is emphasized. The author’s position is expressed that the mentioned definitions should be perceived as absolutely synonymous when defining the state policy in the sphere of execution and serving of criminal punishments.

Leveling the Playing Field: Industrial Policy and Export-Contingent Subsidies in India–Export Related Measures

In India–Export Related Measures, the United States challenged a range of Indian measures as prohibited export-contingent subsidies, and a WTO panel largely agreed. This article examines the factors at play in the United States’ decision to bring the challenge. At the level of policy, the United States case reflects India's graduation from the protections afforded developing nations’ export-contingent subsidies under the Agreement on Subsidies and Countervailing Measures. A closer examination, however, shows that India ramped up its export-contingent subsidies just as the SCM Agreement required it to wind those subsidies down. Moreover, the expanded Indian subsidies led to increased import competition with the politically influential metals and pharmaceutical sectors in the United States, which pushed the US challenge. We reflect on the larger implications of the challenge for the future of trade rules on industrial policy. In particular, we note that the United States pursued a trade enforcement policy that would have the effect of increasing pharmaceutical prices in the United States, by reducing subsidies for imported generic drugs, at a time when the Trump administration allegedly was trying to reduce the price of prescription drugs. This disconnect suggests the need for both greater transparency in trade policy and greater governmental coordination on the connection between trade policy and other policy priorities.

PENERAPAN KEBIJAKAN ELECTRONIC TRAFFIC LAW ENFORCEMENT DALAM MEMBANGUN KESADARAN HUKUM MASYARAKAT BERLALU LINTAS DI KOTA SURABAYA

The purpose of this study was to determine the effect of the implementation of the Electronic Traffic Law Enforcement policy carried out by the police in building legal awareness of the people of the city of Surabaya during traffic. The research method used is empirical juridical method. Order in traffic is one of the efforts in realizing a state based on law. As is known, there are still many in the community who do not care about good and correct driving procedures in traffic. As a side effect, many people violate traffic rules and cause road accidents. In this case, the government has made efforts by issuing various policies to build public awareness in traffic, one of which is Electronic Traffic Law Enforcement. Such efforts are important to do in order to create security and peace in traffic on the highway.Keywords: electronic traffic law enforcemen;, legal awareness; trafficAbstrakTujuan penelitian ini adalah untuk mengetahui pengaruh dari penerapan kebijakan Electronic Traffic Law Enforcement yang dilakukan oleh aparat kepolisian dalam membangun kesadaran hukum masyarakat kota Surabaya ketika berlalu lintas. Metode penelitian yang digunakan adalah menggunakan metode yuridis empiris. Ketertiban dalam berlalu lintas merupakan salah satu upaya dalam mewujudkan negara yang berlandaskan hukum. Sebagaimana yang diketahui, masih banyak ditengah masyarakat yang tidak memperdulikan tentang tata cara berkendara yang baik dan benar dalam berlalu lintas. Sebagai efek sampingnya, banyak dari masyarakat yang melanggar aturan-aturan lalu lintas hingga terjadinya kecelakaan di jalan. Di dalam hal ini pemerintah telah berupaya dengan mengeluarkan berbagai kebijakan untuk membangun kesadaran masyarakat dalam berlalu lintas salah satunya dengan Electronic Traffic Law Enforcement. Upaya yang demikian penting untuk dilakukan agar dapat terciptanya keamanan dan ketentraman dalam berlalu lintas di jalan raya.

The unintended consequences of US immigration enforcement policies

US immigration enforcement policy seeks to change the behaviors and views of not only individuals in the United States but also those of prospective migrants outside the United States. Yet we still know relatively little about the behavioral and attitudinal effects of US enforcement policy on the population abroad. This study uses a randomized experiment embedded in a nationally representative survey that was administered in El Salvador, Guatemala, Honduras, and Mexico to analyze the effects of US deterrence policies on individuals’ migration intentions and their attitudes toward the US immigration system. The two policies that the current study examines are immigration detention and nonjudicial removals. The survey results provide no evidence that a heightened awareness of these US immigration enforcement policies affects individuals’ intentions to migrate to the United States. But heightened awareness about the widespread use of immigration detention in the United States does negatively impact individuals’ assessments about the procedural and outcome fairness of the US immigration system. These findings suggest that immigration detention may foster delegitimating beliefs about the US legal system without producing the intended deterrent effect.

MODERN SLAVERY IN FISHING INDUSTRY: THE NEED TO STRENGTHEN LAW ENFORCEMENT AND INTERNATIONAL COOPERATION

<span lang="EN-GB">The global fishing industry supports the livelihoods of millions, however, it adversely allows the occurrence of crimes throughout the value chain, especially modern slavery. This research aims to examine the current existence of slavery in the fishing industry for the state to determine the best way to deal with its repeated occurrence. Studies show that slavery still exists due to the vulnerability of the fishing sector. These include the prolonged timeframe on</span><span lang="EN-GB">board which prevents the crew from leaving the vessel, poor working conditions, the long-hours associated with the catching process, lack of access to authorities, use of foreign flags to create barriers to the law enforcement, use of migrant labour lacking representation and </span><span>the </span><span lang="EN-GB">lack of governmental oversight or support</span><span lang="EN-GB">. This research states that it is important to combat modern slavery by strengthening law enforcement, policy, and international cooperation between States, by involving the </span><span>s</span><span lang="EN-GB">ource, flag, coastal, port, trade and market State</span><span>s</span><span lang="EN-GB"> based on international and national law</span>