scholarly journals Penyelesaian Tindak Pidana Pencurian Hewan Ternak Menurut Hukum Adat Masyarakat Kecamatan Alas Kota Madya Manufahi

2021 ◽  
Vol 7 (1) ◽  
pp. 143
Author(s):  
Acacio Fernandes Vassalo
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Positive Response ◽  
East Timor ◽  
Customary Law ◽  
Modes Of Operation ◽  
The Rule Of Law ◽  
Legal Principles ◽  
Article 59

Theft is related to the possession of other property without the permission of the owner, with various ways and modes of operation. The role of customary law in the settlement of criminal theft (livestock) is the implementation of state duties in combating criminal acts. This is a manifestation of Article 2 paragraph (3) and Article 59 paragraph (4) of the RDTL Constitution. The application of customary law in the Alas District (Posto Administrativo) is a positive response to the high desire of the community about a peaceful and serene life in their environment. Therefore, the term law enforcement is closely related to the idea of the rule of law or legal principles as the supreme power in the rule of law and democracy in East Timor.

scholarly journals Methods, principles and presumptions of constitutional and conflict diagnostics

2021 ◽  
Vol 7 (2) ◽  
pp. 34-41
Author(s):  
I. A. Tretyak
Keyword(s):  
Law Enforcement ◽  
Causal Relationship ◽  
Statistical Methods ◽  
Rule Of Law ◽  
Systematic Study ◽  
Constitutional Law ◽  
Formal Logic ◽  
The Rule Of Law ◽  
Legal Principles ◽  
Legal Method

The article examines the main elements of constitutional and conflict diagnostics, which is a system of consistently applied methods, legal principles and presumptions, aimed at obtaining information about the causes, content, consequences and methods of preventing and resolving a constitutional conflict. Constitutional and conflict diagnostics is theoretically justified by the author as a new method of the science of constitutional law, which allows lawyers to study constitutional conflicts and constitutional norms of the conflictological type. The use of constitutional and conflict diagnostics will allow to establish and investigate the causal relationship between the formation of law, its normative expression and subsequent law enforcement, which will reflect the constitutional conflict. The author believes that the following methods are used in the course of diagnosing a constitutional conflict: dialectical, systematic, historical, statistical, methods of formal logic, formal-legal method, method of legal modeling, and other methods. The author also proposes to consider as the principles of such diagnostics: the principle of taking into account the specific historical situation, dialectical unity, systematic study of the conflict and the principle of the rule of law. The author suggests considering the following presuppositions used in the course of constitutional and conflict diagnostics: the presumption of the inevitability of constitutional conflicts, the presumption of the solvability of constitutional conflicts, and the presumption of the prevention of conflicts.

scholarly journals CORRUPTION, CAPITAL ABUNDANCE AND ECONOMIC DEVELOPMENT: EVIDENCE FROM THE EUROPEAN UNION COUNTRIES

2016 ◽  
Vol 10 (2) ◽  
Author(s):  
Vlatka Bilas ◽  
Mile Bošnjak ◽  
Sanja Franc
Keyword(s):  
European Union ◽  
Economic Development ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Explanatory Power ◽  
The European Union ◽  
The Rule Of Law ◽  
European Union Countries ◽  
The Relationship

The aim of this paper is to establish and clarify the relationship between corruption level and development among European Union countries. Out of the estimated model in this paper one can conclude that the level of corruption can explain capital abundance differences among European Union countries. Also, explanatory power of corruption is higher in explaining economic development than in explaining capital abundance, meaning stronger relationship between corruption level and economic development than between corruption level and capital abundance. There is no doubt that reducing corruption would be beneficial for all countries. Since corruption is a wrongdoing, the rule of law enforcement is of utmost importance. However, root causes of corruption, namely the institutional and social environment: recruiting civil servants on a merit basis, salaries in public sector competitive to the ones in private sector, the role of international institutions in the fight against corruption, and some other corruption characteristics are very important to analyze in order to find effective ways to fight corruption. Further research should go into this direction.

scholarly journals The Internal Limits on Fiduciary Loyalty

2020 ◽  
Vol 65 (1) ◽  
pp. 65-82
Author(s):  
Andrew S Gold
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Legal Compliance ◽  
Internal Constraints ◽  
The Rule Of Law ◽  
Legal Principles ◽  
Judicial Reasoning ◽  
Correct Understanding ◽  
Conceptual Possibility

Abstract: In the abstract, the limits on a lawyer’s loyalty obligations could take several forms. For example, constraints on a fiduciary’s loyalty obligations may be derived from a correct understanding of that fiduciary’s loyalty itself. Indeed, violations might count as a form of disloyalty to the client. Alternatively, such constraints could stem from obligations owed to parties other than a lawyer’s client, or even something more abstract like the rule of law. Notably, such constraints could be derived from legal principles that have nothing to do with fiduciary law. Each of these options is a conceptual possibility, contingent on the choices made by a given legal system. Constraints on a loyalty obligation that are implications of that loyalty obligation itself are defined here as internal. Constraints imposed from outside a given fiduciary loyalty obligation are defined as external. This paper seeks to deepen our understanding of a particular type of fiduciary loyalty (the loyalty owed by lawyers) by focusing on the role of such internal constraints, and in the process to elaborate on the scope of loyalty obligations more generally. This paper will also indicate why we should care about the internal/external distinction. Among other things, this distinction helps determine whether lawyers are better seen as private or public fiduciaries, and in practice it may bear on both judicial reasoning and legal compliance.

scholarly journals Peran Hukum Adat Perspektif Hukum Islam Dalam Ranah Hukum Positif

2020 ◽  
Vol 5 (1) ◽  
pp. 89
Author(s):  
Lutfi El Falahy
Keyword(s):  
Rule Of Law ◽  
Qualitative Method ◽  
Customary Law ◽  
Final Word ◽  
The Rule Of Law ◽  
Positive Law ◽  
Library Research ◽  
Written Law

Indonesia has written law in the form of positive law and law that lives in recognized societies and then becomes customary law, but recognition of customary law applies only to groups that recognize its existence, of course this is contrary to positive law that applies universally. Here the author tries to examine how the role of customary law in the formation of positive law and what its effects. The method used in this paper is a qualitative method and the approach uses library research. As a rule of law aimed at creating harmony and balance in society, the existence of customary law in a rule of law is absolutely necessary, because the rule of law as a feature of the rule of law is not a final word, but as a way to create justice in society.

scholarly journals LAW ENFORCEMENT IN BANKING CRIMINAL ACT INVOLVING INSIDERS

2018 ◽  
Vol 1 (1) ◽  
pp. 55-90
Author(s):  
Ridwan Arifin
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Banking Sector ◽  
Public Awareness ◽  
Criminal Code ◽  
Internal Controls ◽  
The Rule Of Law ◽  
Preventive Effort ◽  
Procedure Code

The rise of news in the mass media related to burglary cases of bank customer funds further raises public awareness of the vulnerability of the banking sector used as a means (crimes through the bank) and as the target of crime against the bank. On the other hand, the awareness is intended to further convince each party that the bank in conducting its business activities must be managed and managed by parties who have integrity and good competence. The purpose of this research is to: (1) analyze and describe the implementation of the rule of law in handling banking criminal case involving insider; and (2) to know and analyze government efforts both preventive and repressive in handling banking crime cases in Indonesia, especially in cases involving insiders. The results showed that the implementation of law in handling banking crime cases in addition to using Law No. 10 of 1998 on Amendment to Law No. 7 of 1992 concerning to Banking (Banking Act), also used several provisions of article in the Criminal Code (KUHP) and Law No. 20 Year 2011 jo. Law No. 31 Year 1999 on the Eradication of Corruption. The role of Bank Indonesia in the enforcement of law in the form of investigation and/or forensic examination of banking crime that occurred in a bank which then the result of investigation is reported to law enforcement in accordance with applicable Criminal Procedure Code. Enforcement and prevention efforts are conducted jointly through the synergy of Bank Indonesia, the Police and the Attorney. In addition, Bank Indonesia also applied the principle of know your customer and compliance function as a preventive effort for banking crime. The weakness of internal controls is the cause of the ineffectiveness of handling of banking crime cases, especially those involving insiders, a memorandum of understanding between Bank Indonesia, the Police and the Attorney Office is only a moral obligation, should be more binding so that it can become one of the more powerful law enforcement tools.

scholarly journals Peran Badan Pengawas Pemilu dalam Penanganan Tindak Pidana Pemilu di Kabupaten Simalungun

2021 ◽  
Vol 4 (2) ◽  
pp. 1209-1221
Author(s):  
Michael Richard Siahaan ◽  
Isnaini Isnaini ◽  
Mirza Nasution
Keyword(s):  
Data Analysis ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Research Method ◽  
General Election ◽  
The Rule Of Law ◽  
Analysis Technique ◽  
General Elections ◽  
Descriptive Method

This paper aims to analyze the role of the Election Supervisory Body and the obstacles faced in handling election crimes in Simalungun Regency. The research method used is descriptive method, while the data analysis technique uses descriptive qualitative. Based on the results of this study indicate that the rule of law regarding the role of the Election Supervisory Body in handling election crimes is stated in Law no. 7 of 2017 concerning General Elections, Election Supervisory Body Regulation No. 7 of 2018 concerning Handling of Findings and Reports of General Election Violations and Bawaslu Regulation No. 31 of 2018 concerning the Integrated Law Enforcement Center. The role of the Election Supervisory Body in handling election crimes in Simalungun Regency has not been fully able to carry out its role in handling election crimes. The obstacles faced by the Election Supervisory Body in handling election crimes are: there are often differences in perceptions in the Gakkumdu Center, there is a large enough opportunity to eliminate evidence, suspects are often uncooperative, and the lack of Bawaslu officers even though the task must be carried out, especially during elections. relatively much.

scholarly journals Konstitusionalitas Ancaman Pidana Terhadap Kejari (Penetapan Status Barang Sitaan dan Prekursor Narkotika)

Wajah Hukum ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Emir Ardiansyah ◽  
Ulya Kencana ◽  
Romli SA
Keyword(s):  
Rule Of Law ◽  
Secondary Data ◽  
The State ◽  
Constitutional Rights ◽  
The Rule Of Law ◽  
Legal Principles ◽  
Role Of The State ◽  
The Status ◽  
The Republic

Studies on the constitutionality of criminal threats against the Attorney General's Office (Head of the State Prosecutor's Office) in determining the status of confiscated narcotics and narcotic precursors, based on the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics, it is very necessary to do so. The regulation has an over-criminalization nuance that is detrimental to the constitutional rights of the Kejari. The research aims to analyze the role of the state in protecting the constitutional rights of the Kejari within the rule of law framework. The scope of the research describes the structure of values or norms in statutory regulations and the principles it adheres to. Legal principles are used in interpreting the Narcotics Law by linking it to the rule of law framework. The research method is normative legal research using secondary data. The results of the research revealed that the provisions in Article 141 and Article 91 paragraph (1) of the Narcotics Law have the potential to violate the constitutional rights of the Kejari. because it is not in accordance with the protection of constitutional rights in the institutional structure of the prosecutor's office, which may not be intervened in criminal law enforcement. In conclusion, the state plays a major role in implementing the protection of the constitutional rights of citizens and Kejari officials. The state is obliged to fulfill, respect and protect the constitutional rights of citizens. Institutionally, the state synergizes with the prosecutor's office must affirm the ethical and administrative areas concretely and limitatively, so as not to cause obscurity of norms and excessive criminalization of non-criminal acts to become criminal acts.

scholarly journals The Effectiveness of Regional Regulation of The Province of Bali Number 16 of 2009 Concerning Spatial Planning for The Province of Bali in The Development of Tourism Supporting Facilities at The Sanctuary Area in Badung Regency

2020 ◽  
Vol 3 (1) ◽  
pp. 54-58
Author(s):  
Ida Ayu Putu Widiati ◽  
Luh Putu Suryani ◽  
Indah Permatasari
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Spatial Planning ◽  
Tourism Industry ◽  
The Rule Of Law ◽  
The Supreme Court ◽  
Pros And Cons ◽  
Article 50 ◽  
Holy Place

One of the highly developed tourism industries in Bali is the tourism industry. Nevertheless, the problem that then arises is that there are developments encountered in the area of the holy place that should not be made as a place to support the tourism facilities. This is of course not in accordance with the provisions of Regional Regulation Number 16 of 2009 concerning Spatial Planning for the Province of Bali, particularly in Article 50 paragraph (2). This study examines the effectiveness of Bali Province Regional Regulation Number 16 of 2009 related to the construction of Tourism supporting facilities in the radius of the shrine area in Badung Regency. The whole data collected are processed and analyzed by organizing them systematically, and are then classified and connected between one data with another. In practice, there are still violations related to the rules of the radius of the sacred area around the Pura Sad Kahyangan, especially in the Pura Luhur Uluwatu. The existence of norms related to sacred areas comes through pros and cons in practice. Some judicial review requests have even been submitted to the Supreme Court. The role of law enforcement also needs necessarily to be optimized, especially in terms of enforcing the rule of law related to violations in the radius of the holy place in the Badung Regency.  

scholarly journals LAW ENFORCEMENT IN BANKING CRIMINAL ACT INVOLVING INSIDERS

2018 ◽  
Vol 1 (1) ◽  
pp. 55-90
Author(s):  
Ridwan Arifin
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Banking Sector ◽  
Public Awareness ◽  
Criminal Code ◽  
Internal Controls ◽  
The Rule Of Law ◽  
Preventive Effort ◽  
Procedure Code

The rise of news in the mass media related to burglary cases of bank customer funds further raises public awareness of the vulnerability of the banking sector used as a means (crimes through the bank) and as the target of crime against the bank. On the other hand, the awareness is intended to further convince each party that the bank in conducting its business activities must be managed and managed by parties who have integrity and good competence. The purpose of this research is to: (1) analyze and describe the implementation of the rule of law in handling banking criminal case involving insider; and (2) to know and analyze government efforts both preventive and repressive in handling banking crime cases in Indonesia, especially in cases involving insiders. The results showed that the implementation of law in handling banking crime cases in addition to using Law No. 10 of 1998 on Amendment to Law No. 7 of 1992 concerning to Banking (Banking Act), also used several provisions of article in the Criminal Code (KUHP) and Law No. 20 Year 2011 jo. Law No. 31 Year 1999 on the Eradication of Corruption. The role of Bank Indonesia in the enforcement of law in the form of investigation and/or forensic examination of banking crime that occurred in a bank which then the result of investigation is reported to law enforcement in accordance with applicable Criminal Procedure Code. Enforcement and prevention efforts are conducted jointly through the synergy of Bank Indonesia, the Police and the Attorney. In addition, Bank Indonesia also applied the principle of know your customer and compliance function as a preventive effort for banking crime. The weakness of internal controls is the cause of the ineffectiveness of handling of banking crime cases, especially those involving insiders, a memorandum of understanding between Bank Indonesia, the Police and the Attorney Office is only a moral obligation, should be more binding so that it can become one of the more powerful law enforcement tools.

scholarly journals ULASAN PERUNDANG – UNDANGAN “Potensi Undang-undang Nomor 18 Tahun 2013 dalam Mendukung Penerapan Demokrasi Lingkungan”

2014 ◽  
Vol 1 (1) ◽  
pp. 198
Author(s):  
Lakso Anindito
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Active Role ◽  
Forest Degradation ◽  
Fundamental Rights ◽  
Policy Enforcement ◽  
The Rule Of Law ◽  
Fundamental Values ◽  
Environmental Democracy

AbstrakTulisan ini akan membahas potensi UU Nomor 18 Tahun 2013 tentang Pencegahan dan Pemberantasan Perusakan Hutan (UU P3H) dalam mendukung penegakan demokrasi lingkungan. Untuk mempertajam pembahasan, fokus kajian akan dilakukan dari dua aspek, yaitu: 1) Perangkat yang dapat didayagunakan untuk mendukung penegakan hukum yang efektif sehingga dapat melindungi hak mendasar warga negara; dan 2) Peran aktif masyarakat dalam penegakan hukum. Kedua aspek tersebut dirasa penting untuk mewujudkan nilai-nilai mendasar dari demokrasi lingkungan yang didasarkan peran aktif masyarakat dalam pengambilan keputusan terkait kebijakan penegakan hukum2 dan penerapan penegakan hukum yang adil, akuntabel dan efektif dalam rangka menjaga serta melindungi hak masyarakat atas pemanfaatan sumber daya alam.AbstractThis article will discuss the potential of Law No. 18 of 2013 regarding Prevention and Eradication of Forest Degradation in supporting implementation of environmental democracy. To sharpen the analysis, the focus of study will be conducted from two aspects, namely: 1) The tools that can be utilized to support effective law enforcement in order to protect the fundamental rights of citizens, and 2) The active role of people in law enforcement. Both aspects are considered important to realize the fundamental values of a democratic environment based on active role in decisions related to policy enforcement and application of the rule of law that is fair, accountable and effective in order to maintain and protect the people's right to use natural resources. 

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