scholarly journals INVESTIGATION AND LEGAL ACTION TO FOREIGNERS WITHOUT PASSPORT IN INDONESIA TERITORY

2018 ◽  
Vol 1 (2) ◽  
pp. 123-132
Author(s):  
Muhammad Arief Hamdi
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Research Method ◽  
Legal Action ◽  
Criminal Proceedings ◽  
Conceptual Approach ◽  
Residence Permit ◽  
The Law ◽  
The Republic ◽  
Administrative Actions

Foreigners who enter and reside in the territory of Indonesia are regulated in the law, including travel documents of the Republic of Indonesia, visas, entry marks and residence permits, immigration controls, immigration administrative actions, and investigations. However, some foreigners who have been granted permission to continue to live in the territory of Indonesia. This is one of the things that must be followed up by immigration officials. Law enforcement that can be used in the form of Criminal Law or administrative legal action and the disabling factors that intentionally do not extend the residence permit, undergo criminal proceedings, undergo criminal law, and cannot be extended for emergency reasons. The research method is a type of normative research. The problem approach uses a legislative approach and a conceptual approach. Sources of legal material used are primary and secondary.  

scholarly journals Prevention of Criminal Prostitution in Indonesian Fitness Center

2018 ◽  
Vol 5 (2) ◽  
pp. 43
Author(s):  
Hardian Iskandar
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
National Development ◽  
Human Interaction ◽  
Criminal Proceedings ◽  
Literature Study ◽  
Conceptual Approach ◽  
Community Factors ◽  
Fitness Center ◽  
The Law

This article’s purpose is to discuss the prevention of prostitution crime under the guise of gym and fitness center. This study is a normative legal study conducted through literature study or library research using conceptual approach, statute approach and case approach. The results of the study and discussion indicate that prevention of prostitution crime under the guise of fitness place can be done by means of criminal law (penal) and non penal facilities (facilities outside of criminal law). Prevention of criminal acts, especially the crime of prostitution, must be adjusted with the law of development plan which is part of the national development. The process of reforming or establishing a law enforcement is carried out through a formulation / legislation policy, whereas law enforcement and institutional enforcement processes are carried out through the application / judicial appeals and criminal proceedings carried out under the exclusion / administration policy. Constraints in the prevention of criminal prosthesis are due to several factors namely legal factors (law), law enforcement factors, community factors and cultural factors. The legal factors relating to the Penal Code are not directly regulated on the prosecution of prostitution as a form of crime. Law enforcement factors that form the parties or impose the law in this case indicated otherwise tacitly involved in prostitution activities by providing leaks that will be held operations or raids against prostitution activities. Factors of the environment where the law is applicable or applied, the public lacks awareness and few who are willing to be invited to share and the cultural factor as the result of the work, inventiveness, and the sense that is based on human interaction in life.

Legislation of the Republic of Kazakhstan Regarding Criminal Infractions and the Law Enforcement Practice

2018 ◽  
Vol 9 (1) ◽  
pp. 194
Author(s):  
Aibar S. NURKHAN
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
World Economy ◽  
Criminal Responsibility ◽  
Legal Framework ◽  
Criminal Code ◽  
Comparison Analysis ◽  
State Administration ◽  
The Law ◽  
The Republic

Studying of issues regarding criminal infractions – whether intended or imprudent – plays quite a significant role. Fundamental changes taking part in world economy and politics, globalization processes, as well as internal dynamics of country development, undoubtedly, have impact on national legal framework, including criminal law. Therefore, the main goal of the present paper is the analysis of legislation of the Republic of Kazakhstan regarding criminal infractions and the law enforcement practice. To reach this goal authors have used methods of comparison, analysis and data systematization. As a result it has been found that in Kazakhstan there are at average 4,3 registered criminal infractions per a convict. The term of criminal infraction has appeared in the Criminal Code in 2014 to cover offences of small gravity and administrative violations that cannot be referred to the sphere of state administration. Authors have revealed the punishment in the present day Kazakhstan is not a main form of criminal responsibility realization. In the majority of cases linked to criminal infractions the persons committed them are relieved from criminal responsibility at the stage of prejudicial inquiry.

Korruptionsbekämpfung durch das Steuerrecht und Kooperation von Strafverfolgungs- und Finanzbehörden

2019 ◽  
Author(s):  
Alexander Ermert
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Income Tax ◽  
Economic Crime ◽  
Avoidance Behaviour ◽  
Tax Law ◽  
Criminal Proceedings ◽  
Starting Point ◽  
Different Types ◽  
The Law

This thesis investigates how tax law can be used to fight corruption. The taxation procedure is particularly well-suited as a starting point for further criminal proceedings in cases involving corruption in the context of economic crime. However, the collaboration between law enforcement and tax authorities in this field is not without its difficulties, as it involves different areas of the law (tax law, criminal law, criminal tax law) and different types of proceedings (taxation proceedings, criminal investigations), whose interactions result in numerous problems. This work also finds that § 4 sec. 5 sentence 1 No. 10 of the EStG (Germany’s Income Tax Act) is insufficiently considered in practice. After analysing the norm and its various levels of impact (fiscal, general preventive and criminal tax law levels), the author concludes that the current rules have weaknesses that provoke avoidance behaviour among the tax authorities.

scholarly journals Election Criminal Law Enforcement in the Era of Simultaneous General Election 2019

2021 ◽  
Vol 04 (07) ◽  
Author(s):  
Narwanto Narwanto ◽  
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
General Election ◽  
Comparative Approach ◽  
Equal Rights ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Norms ◽  
General Elections ◽  
The Law

This thesis addressed the issue of election criminal law enforcement in the era of simultaneous general election in 2019. Based on data released by The General Election Supervisory Agency (Bawaslu) there were 2,724 reports and findings of alleged violations of election crimes, which continued with the investigation of 582 cases, closed at the investigation stage there were 132 cases, then closed at prosecuting 41 cases, and ajudicated by the court in 319 cases. Meanwhile, based on the Indonesian Legal Roundtable (ILR) data from the whole cases in electoral crime, 170 cases or 53% were sentenced to conditional or probation. The method of this research is used normative legal research methods (normative juridical). Data research compiled based on suited laws and regulations through statutory approach, case approach, historical approach, comparative approach, and conceptual approach. Furthermore, normatively the data is analyzed based on applicable regulations as positive legal norms by interpreting and constructing statements contained in documents and applicable laws. The results of this study are to reveal and analyze the law enforcement applied in handling election crimes that occurred in simultaneous general elections in 2019. Analyzing the formulation of criminal law in tackling more effective general election crimes for the future through the formulation definite regulations, fair, not multi-interpreted and attend to all parties in equal rights of each individual before the law in order to establish a general election which honest and fair as well as legitimate

scholarly journals Perlindungan Hukum Terhadap Buruh yang Mengalami Pemutusan Hubungan Kerja dengan Alasan Berserikat

2021 ◽  
Vol 4 (4) ◽  
pp. 1615
Author(s):  
Rizky Akhmad Harhary
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Industrial Relations ◽  
Court Decisions ◽  
Conceptual Approach ◽  
Legal Remedies ◽  
The Law

AbstractThe writing of this article refers to a normative juridical research method using the Law approach, Conceptual Approach, and Court Decisions which are linked to several National Laws such as Law Number 13 of 2013, Law Number 21 of 2000, and Law Number 2 of 2004. This study aims to determine the legal protections for workers who have been terminated on the basis of association as well as legal remedies that can be taken by workers who have terminated their employment on the grounds of association. Termination of employment on the grounds of association is an industrial relations dispute which cannot be carried out automatically according to Law No. 13 of 2003. This research shows that termination of employment to labor for reasons of association (union busting) is a crime by fulfilling the elements of general criminal regulations and specific crimes related to the qualifications of the criminal act. Based on this research, it can be seen in detail the rules regarding union busting in order to guarantee law enforcement regarding the sanction. Keywords: Workers; Union Busting; Industrial.AbstrakPenulisan artikel penelitian ini mengacu pada metode penelitian yang bersifat yuridis normative dengan menggunakan pendekatan Undang-Undang, Pendekatan Konseptual, dan Putusan Pengadilan yang dikaitkan dengan beberapa Undang-Undang Nasional seperti, Undang-Undang Nomor 13 Tahun 2013, Undang-Undang Nomor 21 Tahun 2000, serta Undang-Undang Nomor 2 Tahun 2004. Penelitian ini bertujuan untuk mengetahui perindungan hukum terhadap buruh yang mengalami pemutusan hubungan kerja dengan alasan berserikat serta upaya hukum yang dapat ditempuh oleh buruh yang mengalami pemutusan hubungan kerja dengan alasan berserikat. Pemutusan hubungan kerja dengan alasan berserikat merupakan perselsihan hubungan industrial yang tidak serta merta dapat dilaksanakan begitu saja menurut Undang-Undang No. 13 Tahun 2003. Penelitian ini menunjukkan bahwa pemutusan hubungan kerja kepada buruh dengan alasan berserikat (union busting) merupakan suatu tindak pidana dengan memenuhi unsur-unsur peraturan pidana umum dan pidana khusus terkait kualifikasi tindak pidananya. Berdasarkan penelitian ini, dapat diketahui secara rinci aturan mengenai union busting agar dapat menjamin penegakan hukum terkait sanksinya.Kata Kunci: Buruh; Union Busting; Industrial.

scholarly journals Penegakan Hukum Terhadap Tindak Pidana Korupsi Dalam Pembangunan Balai Benih Induk (BBI) Di Kabupaten Nias Selatan (Studi Putusan No.116/Pid.Sus-Tpk/2014/PN.Mdn)

2020 ◽  
Vol 2 (2) ◽  
pp. 101-109
Author(s):  
Donny Christian Harita ◽  
Taufik Siregar ◽  
Arie Kartika
Keyword(s):  
Law Enforcement ◽  
Public Participation ◽  
Research Method ◽  
Central Government ◽  
Law Enforcement Officers ◽  
Scientific Journals ◽  
Community Environment ◽  
State Apparatus ◽  
The Law ◽  
The Republic

Corruption is an extraordinary crime that is contagious in every state apparatus, both in the central government and regional governments. The research method in this paper is a normative method that collects library data, namely legislation, law books, judges' decisions, mass media and scientific journals related to the issues discussed in this thesis. Law enforcement of corruption in Indonesia as outlined in the Law of the Republic of Indonesia Number 20 of 2001 concerning Amendments to the Law of the Republic of Indonesia Number 31 of 1999 concerning Corruption Eradication is a representation of 3 elements of law enforcement, namely the lawmaking element (making this law), the element of law enforcement officers namely this law also regulates law enforcement officers for example with the Corruption Eradication Commission and the elements of the community environment by regulating public participation in eradicating corruption in Indonesia. Judge's consideration in dropping the verdict Number: 116 / Pid.Sus-TPK / 2014 / PN.Mdn is to consider mitigating and aggravating matters, taking into account the defendant's ability to take responsibility, considering the absence of forgiving and justifying reasons.

scholarly journals THE RESTORATIVE JUSTICE APPROACH TO THE IMPLEMENTATION OF CHILDREN'S CRIMINAL JUSTICE SYSTEM IN INDONESIA

2018 ◽  
Vol 1 (2) ◽  
pp. 189-198
Author(s):  
Ali Muhammad
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Conceptual Approach ◽  
Rights Of The Child ◽  
The Law ◽  
The Republic ◽  
The Government

Since the enactment of Law No. 11 of 2012 concerning the Criminal Justice System for Children in Indonesia needs to be sought immediately for Law Enforcement Officials (APH) who do not understand and know about the obligation to adopt a Restorative justice approach in the implementation of the Child Criminal Justice System. The norm that regulates the obligation to approach restorative justice in the handling of Children dealing with the Law (ABH) contained in article 5 paragraph 1 of the Child Criminal Justice System Law and this Law has also adopted the International instrument of the Convention on the Rights of the Child (CRC) ratified by the government of the Republic of Indonesia with a Presidential Decree Number 36 of 1990 concerning Ratification of the Convention on the Rights of the Child in addition to other international regulations such as the Beijing Rules, Riyadh Guidelines and Tokyo Rules which are certainly in line with the Constitution 1945 concerning the purpose of the country which was wrong was to realize social justice and promote public welfare. This restorative justice approach certainly has the same spirit as the ideological values ​​of Pancasila, politics, and the Indonesian national socio-culture which prioritizes solutions through deliberation to reach consensus so that this restorative justice approach is also one of legal reforms that elevates the values ​​of local wisdom from the Nation Indonesia. The conceptual approach and the approach to legislation (the statue approach) are the approaches used in this study and maximize the implementation of the implementation of restorative justice in every handling of children facing the law (ABH) at each stage of the investigation, prosecution and trial. research is to provide confirmation to every Law Enforcement Officer of the obligation to take a Restorative Justice approach in every Handling of ABH.  

scholarly journals HILANGNYA KEADILAN DALAM PENEGAKAN HUKUM MENURUT TEORI DISKRIMINASI

2021 ◽  
Vol 8 (2) ◽  
pp. 141
Author(s):  
Nurindria Naharista Vidyapramatya
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Law Enforcement Officers ◽  
Legal Certainty ◽  
Conceptual Approach ◽  
Legal Doctrine ◽  
Legal Principles ◽  
Donald Black ◽  
Law Enforcement Officials ◽  
The Law

<p><strong><em>Abstract</em></strong></p><p><em>The Indonesian nation is currently experiencing a crisis of justice in law enforcement. This </em> <em>happens because it is only concerned with the aspects of legal certainty and formal-legality rather than justice. The law cannot be enforced if there are no credible, competent and independent law enforcement officers. Legal discrimination is a way for law enforcement officials to differentiate in the imposition of sanctions against someone who is influenced by that person’s ability both in the economic and power fields. This study discusses how discriminatory law enforcement is when viewed from Donald Black’s theory. The author will compare two cases with the same type of crime but different decisions. Then studied through Donald Black’s theory of legal discrimination. The purpose of this study was to determine the existence of discrimination in law enforcement from two similar cases but with different decisions which were reviewed through Donald Black’s theory of legal discrimination. The research method used by the author in this study is a normative juridical research method. The preparation of this research is analytical descriptive with a conceptual approach. The conceptual approach needs to examine legal principles that can be found from the perspective of scholars or legal doctrine. The results of this research are indeed proven that there is legal discrimination that occurs, this can be seen from the study of Donald Black’s theory. The suggestion for law enforcers is to be fair in any case, do not favoritism and discriminate, because all citizens are the same, equally need justice.</em></p><p><strong> </strong></p><p><strong>Abstrak</strong></p><p>Bangsa Indonesia saat ini sedang mengalami krisis keadilan dalam penegakan hukum. Hal ini  terjadi karena semata-mata hanya mementingkan aspek kepastian hukum dan legalitas-formal daripada keadilan. Hukum tidak dapat ditegakkan apabila tidak ada aparat penegak hukum yang berkredibilitas, berkompeten dan independen. Diskriminasi hukum merupakan cara aparat penegak hukum yang membedakan dalam pemberian sanksi terhadap seseorang yang dipengaruhi oleh kemampuan orang tersebut baik dalam bidang ekonomi maupun kekuasaan. Penelitian ini membahas tentang bagaimana diskriminasi penegakan hukum jika ditinjau dari teori milik Donald Black. Penulis akan membandingkan dua kasus dengan jenis tindak pidana yang sama namun putusan yang berbeda. Lalu dikaji melalui teori diskriminasi hukum milik Donald Black. Tujuan dari penelitian ini adalah untuk mengetahui adanya diskriminsi dalam penegakan hukum dari dua kasus yang serupa tetapi memiliki putusan yang berbeda yang ditinjau melalui teori diskriminasi hukum milik Donald Black. Metode penelitian yang digunakan penulis dalam penelitian ini adalah metode penelitian yuridis normatif. Penyusunan penelitian ini bersifat diskriptif analitis dengan pendekatan konseptual. Pendekatan konseptual perlu mengkaji prinsip-prinsip hukum yang dapat ditemukan dari pandangan sarjana ataupun doktrin hukum. Hasil dari penelitian ini memang terbukti adanya diskriminsinasi hukum yang terjadi, hal ini dapat dilihat dari kajian teori Donald Black. Saran bagi para penegak hukum adalah bersikap adil terhadap kasus apapun jangan pilih kasih dan membeda-bedakan, karena semua warga negara adalah sama, sama sama butuh keadilan.</p>

scholarly journals Implementation of Criminal Case Trials Through a Teleconference by Prosecutors with a Progressive Legal Approach

2020 ◽  
Vol 1 (2) ◽  
pp. 66
Author(s):  
Muhamad Mahrus Setia Wijaksana
Keyword(s):  
Law Enforcement ◽  
Community Development ◽  
Criminal Law ◽  
Industrial Revolution ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Trials ◽  
Legal Provisions ◽  
The Future ◽  
The Law

The development of technology in the era of the 4.0 industrial Revolution, characterized by digitalization until covering the realm of criminal law, was affected by the activity of law enforcement. Moreover, this time crowded about criminal trials through teleconference in the middle increasingly the mass of pandemic spread covid-19 which of course also affects the duties and authority of the prosecutor. The study focuses on analyzing the implementation of the trial in a teleconference by prosecutors with a progressive legal approach, highlighting the law as "not only rules and logic but also behavior." This research uses the socio-legal approach. The results showed that the legal arrangements related to criminal proceedings through the teleconference were still scattered in various regulations and the double implications of prosecutors. As for the implementation of the trial teleconference by prosecutors from the legal side of progressive measured from two things, first behavior seen in the trial that met many challenges, second is measured from an understanding of a progressive order/following the dynamics of community development. But the future also needs to be re-evaluated every weakness of existing current and formulated standard operational procedures and detailed legal provisions of the proceedings through the teleconference selectively.

scholarly journals Health service maladministrations in the covid-19 pandemic era

2020 ◽  
Vol 28 (2) ◽  
Author(s):  
A Basuki Babussalam
Keyword(s):  
Public Health ◽  
Law Enforcement ◽  
Health Service ◽  
Health Services ◽  
Research Method ◽  
Public Health Services ◽  
Conceptual Approach ◽  
Historical Approach ◽  
The Law

This study examines the actions of maladministration frauds in health services particularly in the condition of Covid-19. This study aims to formulate which health services are categorized as maladministration, notably during the Covid-19 pandemic. The method used in this study is a normative research method followed by three approaches. Those approaches are the statutory approach, conceptual approach, and historical approach. The outcomes of this study indicate that the condition of the Covid-19 pandemic has opened some opportunity for maladministration fraud in the field of health services. Given the importance of public health services, notably during the Covid-19 pandemic, it is highly important to anticipate the maladministration frauds to not massively occur. When the acts of maladministration frauds still occur although attempts to prevent it have been carried out, hence the law must be present to provide justice. This paper also elucidates about actions need to be taken so that law enforcement related to maladministration frauds in the field of health services can be solved

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