Law Enforcement in the Kingdom of Thailand: Addressing Ethical Dilemmas, Extremist Terrorism, and the Government Coup

2011 ◽  
pp. 449-472 ◽  
Keyword(s):  
Law Enforcement ◽  
Ethical Dilemmas ◽  
The Government

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

Recommendations of The Ombudsman’s Dilemma: Between Law Enforcement Officials and Protection of Credibility

2018 ◽  
Vol 2 ◽  
pp. 1-12
Author(s):  
Dyah Adriantini Sintha Dewi
Keyword(s):  
Law Enforcement ◽  
Public Service ◽  
Public Services ◽  
Point Of View ◽  
Law Enforcement Officials ◽  
Muslim Majority ◽  
The Republic ◽  
The Government ◽  
The One ◽  
Oversight Body

The Ombudsman as an external oversight body for official performance, in Fikih Siyasah (constitutionality in Islam) is included in the supervision stipulated in legislation (al-musahabah al-qomariyah). Supervision is done so that public service delivery to the community is in accordance with the rights of the community. This is done because in carrying out its duties, officials are very likely to conduct mal administration, which is bad public services that cause harm to the community. The Ombudsman is an institution authorized to resolve the mal administration issue, in which one of its products is by issuing a recommendation. Although Law No. 37 of 2018 on the Ombudsman of the Republic of Indonesia states that the recommendation is mandatory, theombudsman's recommendations have not been implemented. This is due to differences in point of view, ie on the one hand in the context of law enforcement, but on the other hand the implementation of the recommendation is considered as a means of opening the disgrace of officials. Recommendations are the last alternative of Ombudsman's efforts to resolve the mal administration case, given that a win-win solution is the goal, then mediation becomes the main effort. This is in accordance with the condition of the Muslim majority of Indonesian nation and prioritizes deliberation in resolving dispute. Therefore, it is necessary to educate the community and officials related to the implementation of the Ombudsman's recommendations in order to provide good public services for the community, which is the obligation of the government.

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 Limiting Freedom During the Covid-19 Emergency in Italy: Short Notes on the New “Populist Rule of Law”

Global Jurist ◽  
2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Alessandro Simoni
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Media Reporting ◽  
History Of ◽  
The Government

AbstractThe implications of the severe lockdown regime introduced in Italy in the context of the Covid-19 emergency can be correctly understood only through a broader look at how the text of the provisions adopted by the government is transformed by media reporting and law enforcement practice. From such a perspective, it appears clearly that we are witnessing nothing more than the most recent segment of a populist approach to the use of legal tools, the history of which starts well before the pandemic.

Contemporary Practice of the United States Relating to International Law

1997 ◽  
Vol 91 (3) ◽  
pp. 493-517
Author(s):  
Marian Nash (Leich)
Keyword(s):  
United States ◽  
Hong Kong ◽  
Law Enforcement ◽  
International Law ◽  
The United States ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
The Government ◽  
Contemporary Practice

On March 3,1997, President William J. Clinton transmitted to the Senate for its advice and consent to ratification as a treaty the Agreement Between the Government of the United States of America and the Government of Hong Kong for the Surrender of Fugitive Offenders, signed at Hong Kong on December 20,1996. In his letter of transmittal, President Clinton pointed out that, upon its entry into force, the Agreement would “enhance cooperation between the law enforcement communities of the United States and Hong Kong, and … provide a framework and basic protections for extraditions after the reversion of Hong Kong to the sovereignty of the People’s Republic of China on July 1, 1997.” The President continued: Given the absence of an extradition treaty with the People’s Republic of China, this Treaty would provide the means to continue an extradition relationship with Hong Kong after reversion and avoid a gap in law enforcement. It will thereby make a significant contribution to international law enforcement efforts.The provisions of this Agreement follow generally the form and content of extradition treaties recently concluded by the United States. In addition, the Agreement contains several provisions specially designed in light of the particular status of Hong Kong. The Agreement’s basic protections for fugitives are also made expressly applicable to fugitives surrendered by the two parties before the new treaty enters into force.

Kontrol Keimigrasian terhadap Kunjungan Orang Asing di Provinsi Aceh

2019 ◽  
Vol 5 (1) ◽  
pp. 1-16
Author(s):  
Safrida Safrida
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Immigration Law ◽  
Limited Budget ◽  
Aceh Province ◽  
Directorate General ◽  
The Government ◽  
Supervisory Staff ◽  
And Control ◽  
Staff Number

The government, through the Directorate General of Immigration, an Indonesian government agency under the Ministry of Law and Human Rights, has carried out one of its duties and functions, namely the supervision and control of foreigners residing in Indonesian territory, based on Law Number 6, 2011 concerning Immigration. The supervision or control is carried out to enforce the law, especially the immigration law. The class II Lhokseumawe Immigration Office in the Aceh province, which is the technical implementation unit for immigration in the region, has carried out its duties and functions of monitoring and controlling foreigners in its working area since the release of regulation No. 6, 2011. The results of this study reported that the implementation of supervision of foreigners at the Lhokseumawe Immigration Office has been carried out properly based on the regulation concerning Immigration and Regulation of the Minister of Law and Human Rights. But some constraints are still encountered, particularly lack of supervisory staff number, the width of the working area, and the limited budget. The author's suggestion should be that the implementation of supervision and control of foreigners at this working area should be carried out as often as possible and at the same time, the stakeholder (government) should resolve the obstacles met by staffs so that the immigration law enforcement can be achieved and improved.

scholarly journals Misconception on the Authority Abuse of Power in the Law Enforcement against Corruption

2017 ◽  
Vol 13 (9) ◽  
pp. 51
Author(s):  
Sadjijono Sadjijono ◽  
Bagus Teguh Santoso
Keyword(s):  
Law Enforcement ◽  
Good Governance ◽  
Government Officials ◽  
Legal Concept ◽  
Abuse Of Power ◽  
Government Administration ◽  
The Absolute ◽  
The Law ◽  
The Government ◽  
Administrative Jurisdiction

Law No. 30/ 2014 on Government Administration brings the strength and the averment on the performance of the governmental functions which include executive, legislative, and juridical in order to provide the public services (bestuurzorg). Such regulation also aims to prevent and to eliminate any kinds of the maladministration done by the government officials/organs in implementing their functions so that good governance can be realized. In implementing their function, the government should rely on the useful performance (doelmatigheid) and the effectiveness (doeltreffenhgeid) according to the norms of each authority. It is a sophism when the ‘authority’ and/or the ‘competence’ mentioned under the Law No. 30/ 2014 on Government Administration are defined differently in the letterlijk gramatikal wet without associating those terms with an understanding of bevoegheid in an administrative legal concept. An idea that distinctively defines the term ‘competence’ as a right and ‘authority’ as a power is considered as an inconsistent idea, which may cause dualism and distortion in the common law enforcement reffering to the administrative law, particularly related to the concept of the authority abuse of power mentioned under the Law No. 31/ 1999 amended by the Law No. 20/ 2001 on deeds against corruption. As the result, when the notion of ‘authority abuse of power’ is defined as a right (as mentioned in article 1, subsection 5 jo. article 17, Law No. 30/ 2014 on Government Administration), it will be characterized into the absolute competence of the administrative jurisdiction, and when the notion of ‘authority abuse of power’ is defined as a power (as mentioned in article 3, Law No. 31/ 1999 on deeds against corruption), it will be characterized into the absolute competence of the corruption-act jurisdiction. Meanwhile, implementing the government’s ‘competence’ and/or ‘authority’ is characterized into one concept based on the norms of the authority power.

scholarly journals Tipologi Penindakan Kejahatan Korporasi Dalam Korupsi Dana Bantuan Pandemi Covid-19

2021 ◽  
Vol 24 (01) ◽  
pp. 1-13
Author(s):  
Michelle Kristina
Keyword(s):  
Law Enforcement ◽  
Corporate Responsibility ◽  
Qualitative Methodology ◽  
Human Life ◽  
Criminal Liability ◽  
Assistance Program ◽  
Community Activities ◽  
The Government ◽  
The Right ◽  
The Impact

The development of human life nowadays cannot be separated from various aspects such as economy, politics, and technology, including the impact of the coronavirus outbreak (Covid-19 or SARS-CoV-2) which emerged at the end of 2019. Responding to this Covid-19 pandemic outbreak In Indonesia, the government has issued various policies as measures to prevent and handle the spread of Covid-19. One of these policies is to limit community activities. These restrictions have implications for the fulfilment of the economic needs of the affected communities. Responding to the urgency of this community's economic situation, the government held a social assistance program as a measure to ease the community's economic burden. However, the procurement of the program was used as a chance for corruption involving the Ministry of Social Affairs and corporations as the winning bidders. This study uses a qualitative methodology with a normative juridical approach and literature. The approach is carried out by conducting a juridical analysis based on a case approach. The results of the study show that the corporations involved cannot be separated from corporate responsibility. However, the criminal liability process against the corporation is deemed not to reflect justice for the current situation of Indonesia is experiencing. The crime was not carried out in a normal situation but in a situation when Indonesia was trying hard to overcome the urgent situation, the Covid-19 pandemic. Corporate crimes committed by taking advantage of the pandemic situation are deemed necessary to prioritize special action or the weight of criminal acts committed by corporations. The weighting of criminal sanction is the right step as a law enforcement process for corporate crimes during the pandemic.

scholarly journals PENYELESAIAN KONFLIK PERTANAHAN PADA KAWASAN PARIWISATA LOMBOK (STUDI KASUS TANAH TERLANTAR DI GILI TRAWANGAN LOMBOK)

2014 ◽  
Vol 14 (2) ◽  
Author(s):  
Zainal Asikin
Keyword(s):  
Land Use ◽  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Land Dispute ◽  
The People ◽  
Agrarian Law ◽  
The Government ◽  
The Right ◽  
Lombok Island

This research is aimed at exploring an appropriate solution for various conflicts in land use, particularly in optimizing the utilization of the neglected land in Gili Terawangan, Lombok Island.  This solution is required to avoid potential horizontal conflicts among people, companies and government since 1993. Conflict over land in Lombok Island in general and Gili Terawangan particularly shows several factors; first, the wrong policy in the area of land (especially in tourist areas); second, the infirm attitude of the Party and the Government Land Office in the enforcement of laws; third, the jealousy of Gili Terawangan natives as cultivators; fourth, less responsibility employers (who acquire cultivating right); fifth, the absence of law protection for Gili Terawangan natives; sixth, the arrogant attitude of law enforcement officers. The comprehensive and final resolution to the conflicts of land use could only be achieved if: (i) the people, who already control and use or manage the land from time to time, are provided certainty on managing and optimizing the land based on the principles of welfare, justice, equity, efficiency and sustainability; (ii) the selection and determination of the companies that will be granted the right to cultivate (HGU) and the right to build (HGB) should be conducted based on the transparent principle. In this respect, the government could establish an independent team that involves all components of society and higher education.Key words: land dispute, tourism area, agrarian law.

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