scholarly journals On the problems of application of customary law in the criminal prosecution of persons of small indigenous peoples of the north

2021 ◽  
Vol 17 (2) ◽  
pp. 101-105
Author(s):  
Natalya Yu. Akinina ◽  
Valery Filippovich Anisimov ◽  
Valeriy T. Galkin
Keyword(s):  
Law Enforcement ◽  
Indigenous Peoples ◽  
Customary Law ◽  
Criminal Prosecution ◽  
Law Enforcement Agencies ◽  
Positive Law ◽  
The North ◽  
Law Enforcement Officials ◽  
Indigenous Minorities ◽  
Environmental Crimes

The subject of the study is the problems of application of the norms of criminal law stipulating responsibility for environmental crimes against representatives of persons of small indigenous minorities of the North, the essence of which is the conflict between the positive law and the customary law of these peoples. The purpose of the study is to analyze the causes of this conflict, as well as to substantiate the necessity of applying the norms of customary law of indigenous peoples of the North in their criminal prosecution for environmental crimes. As a result of the study, the assumption is made that knowledge of the norms of customary law by law enforcement officials will allow to relieve social tension between the indigenous peoples of the North and the law enforcement agencies. That is why it is necessary to begin work on the formation of a code of customary law, as well as recommendations for its application, which could become a document to be used as a recommendation for law enforcement bodies in their decision-making.

scholarly journals Kedudukan Perempuan dalam Hukum Waris Adat Batak Toba

2018 ◽  
Author(s):  
Elpina
Keyword(s):  
Law Enforcement ◽  
Indigenous Peoples ◽  
Customary Law ◽  
Social Culture ◽  
Kinship System ◽  
Law Enforcement Officials ◽  
The Common ◽  
The Law ◽  
The Right ◽  
Political Economic

Customary law is the law of life (living low) that grow and develop in the midst of the community in accordancewith the development of society. Customary law who live in midst of ethnic Indonesia is very strategic to be knownand understood by law enforcement officials, legal observers and guidance in applying the appropriate legal andfair for Indonesian society. The common law does not give the right role and the same degree between men andwomen in life, social, culture, political, economic and domestic life and marriage property and inheritance.Landing directly above the law would cause problems among indigenous peoples, especially the indigenous peopleembrace patrilinieal or matrilineal kinship system, such as that experienced by the Batak people who mbracepatrilineal kindship systems knows in Toba Batak society is patrilineal system, which through the male lineage andis the next generation of his parents while girls not the generation of their parents, as a result of this system is veryinfluential on the position of girls in matters of inheritance.

ANALISIS ABORSI DALAM PERATURAN PEMERINTAH NO. 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI

2018 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Ferry Fadzlul Rahman
Keyword(s):  
Law Enforcement ◽  
Reproductive Health ◽  
Government Regulation ◽  
Medical Emergency ◽  
Rape Victims ◽  
Negative Effects ◽  
Law Enforcement Agencies ◽  
Community Factors ◽  
Law Enforcement Officials ◽  
The Government

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form. Keywords: Abortion, , Reproductive Health

ANALISIS DEKRIMINALISASI ABORSI DALAM PERATURAN PEMERINTAH NO. 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI

2016 ◽  
Vol 2 (2) ◽  
pp. 80
Author(s):  
Ferry Fadzul Rahman
Keyword(s):  
Law Enforcement ◽  
Reproductive Health ◽  
Government Regulation ◽  
Medical Emergency ◽  
Rape Victims ◽  
Negative Effects ◽  
Law Enforcement Agencies ◽  
Community Factors ◽  
Law Enforcement Officials ◽  
The Government

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form.

scholarly journals The Request for Postponement of the Blashphemy Case Criminal Charge Reading by Police and Prosecutors

2021 ◽  
Vol 23 (1) ◽  
pp. 177-191
Author(s):  
Mohd Andalusia Masri ◽  
Dahlan Ali ◽  
Darmawan Darmawan
Keyword(s):  
Law Enforcement ◽  
Public Trust ◽  
Judicial Power ◽  
District Court ◽  
Legal Basis ◽  
Police Intervention ◽  
The Public ◽  
Positive Law ◽  
The North ◽  
Criminal Charge

This research aims to evaluate the police's request to postpone the criminal charge reading of the blasphemy case at the North Jakarta District Court, which was not based on Indonesia's positive law. The request to postpone a trial by the police without a legal basis could be considered a form of police intervention against the trial process, which has legal criminal consequences based on Article 3 Paragraph 2 and 3 of Law Number 48 of 2009 concerning Judicial Power. Meanwhile, the request for a two-week trial postponement by the public prosecutors due to their inability to complete the criminal indictment, as well as considering the request from the police, has created an impression that the public prosecutors have complied with the request of the police. It also injured public trust that demanded a fair and transparent law enforcement process.

University Researcher and Law Enforcement Collaboration

2016 ◽  
Vol 61 (5) ◽  
pp. 508-525 ◽  
Author(s):  
Brett C. Burkhardt ◽  
Scott Akins ◽  
Jon Sassaman ◽  
Scott Jackson ◽  
Ken Elwer ◽  
...  
Keyword(s):  
Mental Illness ◽  
Law Enforcement ◽  
Relationship Maintenance ◽  
State University ◽  
Law Enforcement Agencies ◽  
Local Law Enforcement ◽  
Police Contacts ◽  
University Researcher ◽  
Law Enforcement Officials ◽  
Benton County

In 2012, heads of local law enforcement agencies in Benton County, Oregon, contacted researchers at Oregon State University to discuss a problem: a sharp rise in the number of contacts between police and suspects displaying symptoms of mental illness. This initial inquiry led to an ongoing collaborative examination of the nature, causes, and consequences of the rise in police contacts. In this article, the authors describe this collaboration between researchers and law enforcement officials from the perspective of both parties, situating it within the context of mental illness in the U.S. criminal justice system. The collaborators draw on firsthand experiences and prior collaborations to discuss the benefits of, challenges in, and recommendations for university–police research collaborations. Although such collaborations may pose challenges (related to relationship definition, data collection and analysis, outputs, and relationship maintenance), the potential benefits—for researchers and law enforcement agencies—are substantial.

scholarly journals CRIMINOLOGICAL CHARACTERISTICS OF CRIMES AGAINST FREEDOM, COMMITTED BY ORGANIZED CRIMINAL GROUPS IN THE NORTH CAUCASUS FEDERAL DISTRICT

2020 ◽  
Vol 36 (4) ◽  
pp. 143-147
Author(s):  
K.V. Chemerinskiy ◽  
Keyword(s):  
Law Enforcement ◽  
Federal District ◽  
North Caucasus ◽  
Law Enforcement Agencies ◽  
Personal Freedom ◽  
The North ◽  
Judicial Practice ◽  
Economic Transformations ◽  
The Russian Federation ◽  
Criminal Groups

The article provides a criminological characteristic of crimes against freedom committed by organized criminal groups in the North Caucasian Federal District. The relevance of the topic of the article is due to the fact that these crimes have become a common phenomenon in some regions of the Russian Federation, especially in the North Caucasus Federal District. The aim of the study is to determine the criminological indicators of crime against freedom committed by organized criminal groups. When writing the article, the methods of analysis and generalization of materials from investigative and judicial practice, polls, questionnaires of certain categories of the population were used. The article says that the most widespread crime in the North Caucasus Federal District, according to official statistics, is kidnapping. Determinants of criminality against personal freedom committed by organized criminal groups are listed. Particular attention is paid to corruption in law enforcement agencies, which contributes to the concealment of the facts of committing these crimes by organized criminal groups, the latency of crimes against personal freedom in the North Caucasus Federal District. Revealed and substantiated the need to develop a concept of economic transformations using the latest technologies, taking into account regional specifics. Some measures to prevent this category of crime are proposed. The result of the study is the formulation of conclusions that effective measures to counter organized crime against personal freedom are to improve the activities of the subjects of operational-search activities, as well as victimological socialization of the population

scholarly journals Sinergy of Law Enforcement Agencies in Handling Illegal Fishing Cases in Aceh Waters

2021 ◽  
Vol 23 (2) ◽  
pp. 233-246
Author(s):  
Ade Irma Suryani Nasution ◽  
Annisa Mutia Pranita ◽  
Desty Bulandari ◽  
Lutvia Resta Setyawati ◽  
Panji Suwarno
Keyword(s):  
Qualitative Research ◽  
Law Enforcement ◽  
Research Design ◽  
Customary Law ◽  
Marine Resources ◽  
Law Enforcement Agencies ◽  
Illegal Fishing ◽  
Qualitative Research Design ◽  
Aceh Province ◽  
Protection And Utilization

Illegal fishing cases often occur in waters at the edge of Indonesia. This article is focused on examining and analyzing the synergy between the authorized institutions in the process of monitoring and handling illegal fishing cases that occur in the waters of Aceh province. This study uses a descriptive qualitative research design. The four authorized institutions coordinate the performance of each other to help each other's role to reduce illegal fishing violations in Aceh Province. LANAL Sabang helped mobilize forces to carry out law enforcement at sea from the threat of violations as well as to safeguard marine resources. PSDKP Lampulo is the foundation for supervising marine and fishery resources in Aceh Province. Panglima Laot has more authority in regulating laot customary law and fishing communities in general. DKP Aceh is the axis of the service and movement for the protection and utilization of marine resources in Aceh Province.

scholarly journals Legal Development of Coastal Marine Management Based on the Idea of Pancasila

2018 ◽  
Vol 4 (1) ◽  
pp. 113
Author(s):  
Jantje Tjiptabudy
Keyword(s):  
Natural Resources ◽  
Indigenous Peoples ◽  
The State ◽  
Customary Law ◽  
Marine Management ◽  
Positive Law ◽  
Coastal Marine ◽  
The Republic ◽  
The Government ◽  
Marine Areas

In relation to the positive law, the management of marine and coastal natural resources, there is also the rule of customary law. Customary law that still lives and develops in indigenous peoples also regulates the management system and utilization of natural resources in coastal and marine areas. Recognition of the rights of indigenous peoples is constitutionally contained in the 1945 Constitution of the State of the Republic of Indonesia where the state recognizes the existence of the Customary Law Community. In Maluku, marine potency management in general is still done traditionally known as marine customary rights that have been going on for generations but not yet fully recognized either by the government or entrepreneurs who are actually important partners in the development process.

scholarly journals THE IDEA OF LAW AS AN UNKNOWN PHENOMENON OF LAW ENFORCEMENT

2019 ◽  
Vol 29 (4) ◽  
pp. 522-529
Author(s):  
O.A. Puchkov
Keyword(s):  
Law Enforcement ◽  
Individual Rights ◽  
Law Enforcement Agencies ◽  
Application Of Law ◽  
Judicial Decisions ◽  
Positive Law ◽  
Personal Rights ◽  
Constitutional Justice ◽  
Per Se ◽  
Post War

The article is devoted to the concepts of the idea of law and law enforcement. The author justifies the idea that the application of law should be based on the idea of law. Modern trends in law enforcement convince that since the post-war period, law enforcement agencies (and, above all, the courts) increasingly make decisions and sentences not only on the basis of the norms of positive law, but also guided by the norms of morality, ethics, principles of respect for individual rights and freedoms. The idea of law is a concept in which the imperative is expressed in a concentrated form, implying the observance of personal rights and freedoms, morals and ethics, etc., by state bodies. The influence of the idea of law on law enforcement can give the latter properties that correspond to the modern ideas of justice and morality of law. On the basis of the analysis of acts of constitutional justice and judicial precedents, the author proves that judicial decisions and other law-enforcement acts, adopted under the influence of the idea of law, acquire new qualities that allow them to dynamically exert a positive legal impact. As a result, the acts of law enforcement can be considered as a law per se.

scholarly journals ALTERNATIF MEDIASI PENAL DALAM SISTEM PERADILAN PIDANA DI INDONESIA

2018 ◽  
Vol 1 (2) ◽  
pp. 127
Author(s):  
Reyner . ◽  
Dian Andriawan Daeng Tawang
Keyword(s):  
Law Enforcement ◽  
Customary Law ◽  
Legal Certainty ◽  
Criminal Cases ◽  
Wide Society ◽  
Procedural Law ◽  
Law Enforcement Officials ◽  
Special Rule ◽  
Investigation Process ◽  
Regulations And Guidelines

In general, penal mediation can be said as a concept that brings together the victims and criminals to discuss their interests and willingness in order to resolve criminal cases that have occurred between them, and are assisted by a mediator who is neutral and help to resolve criminal cases by giving advice and mediating as mediators. The results of the research conducted by normative research and through several literature such as legal books, regulations, and guidelines, show that in fact, reason mediation has been carried out in the community and carried out by several law enforcement officials in the framework of the settlement process criminal. What is done in the midst of Indonesian society is only a peace process that shows customary law as its branch and many are applied within the police in the investigation process to carry out procedures for resolving criminal acts. The importance and need for penal mediation to be applied in formal law that is developing and prevailing in society can be a special rule that is regulated and is part of criminal procedural law for the sake of legal certainty. Penal mediation can be applied at the level of investigation by the police in the process of resolving criminal cases and creating equal welfare and justice in the wide society for sure

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