optimal law enforcement
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2021 ◽  
Vol 3 ◽  
pp. 48-51
Author(s):  
Y.V. Onosov ◽  

In legal science, the issue of judicial enforcement discretion seems to be the most studied, at the same time, the study of administrative law enforcement discretion does not cease to be relevant in view of its special specifics. The article attempts to highlight and analyze the essential characteristics of administrative discretion. According to the author, it is necessary to highlight and scientifically analyze a number of essential characteristics of administrative discretion: administrative discretion is a process of activities to select an optimal law enforcement decision by a subject of law, as well as the result of this activity; the presence in the legislation of legal mechanisms for limiting administrative discretion; implementation of administrative discretion in the application of measures of state coercion; administrative discretion is the best option for the balance between legality and expediency; the presence of freedom in the activities of the law enforcement body; the intellectual-volitional internal process of the subject of law applying. On the basis of the above, it is concluded that additional research is needed on the effectiveness of judicial control over the administrative discretion of state bodies


2020 ◽  
Vol 10 (3) ◽  
pp. 267
Author(s):  
Dewie Mardhani ◽  
Arthur Josias Simon Runturambi ◽  
Margaretha Hanita

<p><em>Security comes from Latin, secures which means free from danger, fear, and threats which consist of traditional and non-traditional security approaches. Defense is defined as the main instrument of a country to create national security. National defense is defined as a dynamic condition of a country that covers all aspects of national life to deal with threats. National security encompasses the security of the state, society and individuals. There are still several definitions from several experts regarding the concepts of security and defense to date. This article analyses the forms of contemporary threats related to security and defense and explains their similarities and differences in the study of national resilience aimed at realizing a national security system and development of the national security system in other countries. This article uses a descriptive qualitative research design through literature study and interviews. This article explains that the forms of threats that occur in Indonesia include problems at the border area, SARA intolerance, inequality in bureaucratic reform, not optimal law enforcement, and transnational crime. Similarities and differences in the concepts of security and defense can be seen from the regulations, the concepts used, the institutions and the constitution. This article shows that national resilience is influenced by national defense and security. The safe condition of a country is inseparable from the security and defense factors alone but is synergized with each other factors such as economic, political, legal, social, cultural, ideological, geographic, demographic and natural resources.<strong></strong></em></p><p><strong><em>Keywords</em></strong><em>: defense, national security, national resilience, security</em></p>


2020 ◽  
Vol 177 ◽  
pp. 836-857
Author(s):  
Berno Buechel ◽  
Eberhard Feess ◽  
Gerd Muehlheusser

LITIGASI ◽  
2020 ◽  
pp. 30-59
Author(s):  
Alvon Christanto

Extradition is one of the measures undertaken to demonstrate the ability of a country to optimize law enforcement upon the citizen committing criminal offense. Some issues in extradition discussed are (1) no arrangement(i) no arrangement regarding the deadline required to complete an extradition process, (ii) the extradition process in Indonesia has failed to reflect the government's intentionto optimizelaw enforcement measures. To note, optimal law enforcement activities will provide a state of political stability, prevent economic decline and or unstable circumstances, and the main objective is to maximize social welfare. The author usednormative juridical methods of research conducted by using the data and information contained in the legislation and literature. The conclusionwas drawndeductivelyusing coherentcriterium of truth. By dissectingthe rules on extradition of which is the basis of the promulgationof the extradition law, it is expected to createa regulation that prioritizes the welfare of the people of Indonesia. In addition, in conducting extradition, Government shouldbe stricts, but maintaininga good bargaining position beneficial forits side.


2020 ◽  
Vol 11 (01) ◽  
pp. 1-9
Author(s):  
Fenny Etrawati

An increase in cases of sexual violence against children triggers various health problems in children, both physical, psychological and social. This paper aims to explore the sexual violence on children, risk factors and the impact of sexual violence on children. This study of sexual violence in children refers to various empirical literature studies. Furthermore, the collection of information was analyzed using the problem tree analysis approach to find out the risk factors and their impact on children. Cases of sexual violence in the community are difficult to detect because of the lack of recognition from victims. This is because the offender called pedophile comes from within the family (familial abuse) or can come from outside the family environment (extra-familial abuse) who have established close relationships with children. Sexual violence is generally motivated by the problem of weak protection from parents which is also strengthened by socio-economic problems, low access to reproductive health education and less optimal law enforcement. Therefore, children who have experienced sexual violence find it difficult to avoid physical, biological, psychological and social risks. Children who have experienced sexual violence find it difficult to avoid physical, biological, psychological and social risks. Therefore, it is necessary to increase the capacity of parents in the prevention of sexual violence against children and law enforcement needs to complete the system of early detection and rapid response to the incidence of sexual violence against children.


2020 ◽  
Vol 63 (1) ◽  
pp. 71-111 ◽  
Author(s):  
Claudia M. Landeo ◽  
Kathryn E. Spier

JOURNAL ASRO ◽  
2019 ◽  
Vol 10 (3) ◽  
pp. 154
Author(s):  
Alamsyah Putra Tanjung ◽  
Mangisi Simanjuntak ◽  
Tasdik Mustika Alam

Sea security operation is one duties the navy in enforce laws against criminal offences specified the sea. The Navy base is one part of the Integrated Fleet Weapons System which has the capability of sea security operations by optimizing and empowering the existing patrol elements including naval vessel and security Sea patrol in implementing law enforcement at sea. Limited ability and number of facilities patrol and control personnel who are not adequate compared to the extent of the working area of Naval Base causes the unoptimal implementation of law enforcement in the sea. Data collection is obtained from the survey results from the respondents of the operator who is a patrol element of the Naval Base and supported by interviews from the informant who is the Commander and Officer of operations in the Naval Base. The Data obtained next is processed using mixed methods Concurent Embeded where the quantitative method is processed with SPSS 25 Statistic and qualitative method is processed with NVivo 12 Plus implemented simultaneously. This research hypothesis is the sea security operation capability of Naval Base can be improved in implementing more optimal law enforcement, which is proven through data processing with SPSS 25 Statistic and the results of triangulation of data interviews with NVivo 12 Plus. The research is getting the end result that sea security operations have two factors, which are elements of patrol and personnel that influence the simultaneous enforcement of marine law by 89.5%, so that it deserves a priority increase in capability and amount and its patrol personnel in order to implement law enforcement in the upcoming seas. Keywords: Naval Force Base, Sea Security Operations, Law Enforcement at Sea, the Integrated Fleet Weapons System


2019 ◽  
pp. 142-158
Author(s):  
Iryna V. Chetverikova ◽  
Kirill D. Titaev

Based on the analysis of verdict texts, we demonstrate that many criminal cases against individuals who were prosecuted for economic crimes in Russian courts in the past few years do not correspond with the level of optimal law enforcement. Economic crimes (a) did not cause substantial harm, (b) did not have harmful externalities, (c) were common, but the enforcement was selective. Economic activity was most often overcriminalized by the law enforcement when illegal behavior consisted of accounting or tax mistakes, breach of a contract, violations of special-purpose loan regulations, or licensing offences.


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