Police Understanding of the Foundations of Their Legitimacy in the Eyes of the Public: The Case of Commanding Officers in the Israel National Police

Author(s):  
Tal Jonathan-Zamir ◽  
Amikam Harpaz
2020 ◽  
Vol 2 (1) ◽  
pp. 35-45
Author(s):  
Doniar Andre Vernanda ◽  
Tony Mirwanto

Immigration law enforcement is carried out by civil servant investigators (PPNS) of Immigration by the mandate of Law No. 6 of 2011 on immigration. Immigration civil servant investigators have the authority to carry out the investigation process to hand over case files for subsequent prosecution in court by the public prosecutor. The results and discussion of this research are: (i) People smuggling is a crime where people illegally enter humans without legal and valid immigration travel documents aimed at personal or group gain by entering a country without going through an examination. immigration at the immigration checkpoint (TPI). Criminal sanctions related to human smuggling are regulated in article 120 of the Immigration Law with a maximum threat of 15 years and a fine of Rp. 1,500,000,000.00. (ii) According to the Immigration Law, pro Justitia law enforcement in immigration crimes is carried out by immigration civil servant investigators who have the duties and functions of carrying out investigations & investigations, coordinating with the National Police and other law enforcement agencies as well as carrying out other matters which are ordered by immigration Law


2021 ◽  
Vol 1 (1) ◽  
pp. 138-149
Author(s):  
Dewi Untari Dewi ◽  
Nys. Arfa

ABSTRAK Artikel ini bertujuan untuk membahas dasar pertimbangan hakim dalam menjatuhkan pidana terhadap pelaku penyalahguna narkotika. Tipe penelitian adalah yuridis empiris. Berdasarkan penelitian, ditemukan bahwa tindakan terdakwa telah memenuhi unsur-unsur dari syarat pemidanaan atau telah memenuhi ketentuan penerapan sanksi terhadap tindak pidana penyalahguna Narkotika Golongan I jenis shabu-shabu. Dalam Putusan yang di teliti, hakim menjatuhkan pidana penjara selama 8 (delapan) bulan. Seharusnya Hakim tidak hanya mempertimbangkan fakta yuridis, fakta persidangan dan fakta sosiologis para terdakwa tetapi juga peranan para terdakwa dalam tindak pidana karena tindak pidana dilakukan lebih dari 1 orang. Hakim seharusnya menjatuhkan pidana yang lebih berat terhadap Rida Susana dan Jasrul Harja dibanding Syahrul Yanto karena yang memulai perbuatan pidana ini adalah Rida Susana dan Jasrul Harja sebagai seorang anggota Polri. Oleh karena itu dalam menjatuhkan beratnya pidana terhadap para terdakwa, hakim diharapkan untuk lebih mempertimbangkan peranan terdakwa dalam tindak pidana agar menimbulkan efek jera dan rasa keadilan baik bagi para terdakwa dan masyarakat. ABSTRAK This article aims to discuss the basis for the judges’ consideration in imposing sanction against narcotics offender. The type of research is empirical juridical. It is found that the actions of the defendant had fulfilled the provisions for the application of sanctions against the abuse of Narcotics Group I. In the verdict examined, the judge sentenced him imprisonment for 8 (eight) months. Judges should not only consider the juridical facts, the facts of the trial and the sociological facts of the defendants but also the role of the defendants in the criminal act as the crime was committed by more than 1 person. Judges should have imposed more severe penalties on Rida Susana and Jasrul Harja compared to Syahrul Yanto, as those who started the crime were Rida Susana and Jasrul Harja while in the same time served as member of the National Police. Therefore, in sentencing the sanction against the defendants, the judges are expected to better consider the role of the defendants in the crime in order to create a deterrent effect and sense of justice both for the defendants and the public.


Author(s):  
Andrii Melnyk ◽  
◽  
Mykola Gutsuliak ◽  

The conceptual aspects of ensuring the public safety and order during mass events in accordance with the implemented methodology of the National Police of Ukraine in the field of the realization of citizens’ rights to peaceful assembly have been analyzed in this article. The peculiarities of the organization of the activity of the police bodies and subunits within the limits of the joint performance of tasks concerning the maintenance of law and order have been defined. The main ways and methods of using police forces and means while preventing and stopping the offenses during peaceful assemblies have been analyzed for compliance with the national legislation. The authors have also compared some tactical methods used by the law enforcement agencies of Ukraine and those that are adopted from the European practice of policing and, accordingly, specified in the departmental regulations governing the relevant field of the professional duties. The statements, suggested in this scientific article, are based on the results of the interviews with the leadership of the National Police bodies and subunits that directly implement the tasks of the ensuring public safety and order during mass events and have been trained by the European Union Advisory Mission in Ukraine aiming to form a new model of securing the public order [1].


2020 ◽  
Vol 10 (4) ◽  
pp. 87-93
Author(s):  
Marian Hurkovskyi ◽  

The administrative measures for preventing corruption in the system of the National Police are investigated. The category �legal measures� in the context of modern scientific thought is considered in the theoretical aspect. The normative and legal framework for preventing corruption in the National Police is analyzed. During the analysis, the need to develop the institution of administrative measures for preventing corruption as the most widely used legal means in the system of preventing corruption in terms of international instruments in this field is substantiated. The significance of legal prohibitions and legal incentives in the system of administrative measures is revealed. Administrative measures for preventing corruption in the National Police bodies form a legal regime that is special in relation to the general administrative and legal regime of the public service and can be characterized as an ordinary, permanent, mostly prohibitive administrative and legal regime for preventing corruption in the National Police. The specificity of the administrative and legal regime for the prevention of corruption is defined by the formation of general provisions addressed to all public officials and special rules addressed exclusively to the police. The effectiveness of the administrative and legal regime is determined by a number of factors due to anti-corruption standards. The importance of anti-corruption standards for administrative measures of preventing corruption in the bodies, services and units of the National Police and the need of their development depending on the specifics of the unit are determined. Conceptual tasks of improving administrative measures for preventing corruption in the National Police are formulated.


FIAT JUSTISIA ◽  
2019 ◽  
Vol 13 (2) ◽  
pp. 115
Author(s):  
Dylan Aldianza Ramadhan ◽  
Charina Putri Besila

The writing of this scientific paper examines the lack of legal awareness of the community about sexual violence. This scientific work arose because the author saw that there were still many cases of sexual violence even though there were rules governing the acts of sexual violence. And this scientific work aims to tell the public what factors influence the act of sexual violence still arise and what efforts can be made by the community and law enforcement officials such as the police for this problem and is expected to eliminate the emergence of new sexual violence. The study sample was victims of sexual violence or sexual harassment in the Jakarta Bara police station. Data collection is carried out by interviewing 15 West Jakarta District Police Polres. And also conduct literature studies by looking for sources related to sexual violence. The results of this study suggest that the factors that often underlie the occurrence of sexual violence is a love factor where if the victim refuses to serve the perpetrators things will arise that are undesirable and there are false facts from the recognition of the average perpetrator who was interrogated by the police


2020 ◽  
Vol 90 (3) ◽  
pp. 135-143
Author(s):  
А. В. Комзюк

Interaction is a necessary and important part of the work of the National Police, including in the field of public safety and order. Due to the interaction we achieve the coordination of actions and joint activities of the National Police with other entities. Existing forms and methods of the interaction between the National Police and the public do not meet the current requirements and need to be refined or finding new forms and methods. Therefore, there is the need to conduct a thorough study of the problems of the interaction of the National Police with other entities of ensuring public safety and order. The author of the article has analyzed the importance and legal principles of the interaction of citizens with the police in the field of public order protection and combating crime. The concepts and forms’ types of the specified interaction have been defined. It has been concluded that there is a lack of scientific research focused on the problems of the interaction of the National Police with the public in the field of public safety and order, in particular on finding its new forms. To achieve this purpose, the author has revealed the essence of the interaction of the National Police with the public in the field of public safety and order, their relations, as well as has defined the classification of forms of the interaction of the National Police with citizens and their associations in the field of public safety and order. The scientific novelty of the study is that it improves the understanding of the nature and types of forms of the interaction between the National Police and the public in the field of public safety and order. Summarizing the above, we can conclude that the effective implementation of the authorities in the field of public safety and order by the National Police of Ukraine requires the establishment of effective interaction with citizens and public associations. The author has offered some new forms of the interaction between the National Police and the public for the implementation, the use of which can improve the state of law enforcement and the fight against crime.


2018 ◽  
Vol 3 (2) ◽  
pp. 81-98
Author(s):  
Budi Utomo

criminal justice system from investigation, prosecution, trial examination and execution of judgment which leads to criminalization, but in its development there is an alternative law enforcement desired by the justice seekers through restorative justice which prioritizes recovery at the original state as a result of the crime. Therefore, it is necessary to analyze the importance of restorative justice by Indonesian National Police Investigators in traffic accidents resulting in death, as well as its implementation. The theoretical concepts used are implementation, restorative justice, law enforcement, criminal law policy, justice, traffic accidents, and Police Investigators.Qualitative research approach, type of socio-juridical research, focuses on the importance of restorative justice and its implementation by Indonesian National Police Investigators in traffic accidents resulting in death. Location of research is in Resort Police of Semarang. Data sources are primary, secondary and tertiary. Data collection techniques were conduct through documentation, observation, and interviews. Data validity was using triangulation technique, data analysis technique using interaction analysis model. The results of research on the importance of restorative justice and its implementation by Indonesian National  Police Investigators in traffic accidents resulting in death are analyzed through philosophical, sociological and juridical point of view, while its implementation is analyzed by the implementation model of George C. Edward III which shows that restorative justice has not been understood optimally by Indonesian National Police investigators and the community even though in reality have been practiced in the duties or daily life. The obstacles, namely the absence of legal restorative justice umbrella is firm and clear, still weak understanding of Indonesian National Police Investigators and the public, especially the parties related to the settlement of criminal cases through restorative justice. Efforts to overcome these obstacles, Police Investigators in the settlement of criminal acts through restorative justice refers to the rules that are directly or indirectly relevant, organizing socialization about restorative justice within the Indonesian National Police, especially Indonesian National Police Investigators, and the public. Based on the description above, it can be concluded that the importance of restorative justice can be seen from philosophical, sociological and juridical point of view, whereas in its implementation is influenced by four factors, namely, communication, resources, disposition, and bureaucratic structure. Suggestion of clear and firm regulation related to settlement of criminal case through restorative justice, especially traffic accident and the need to increase understanding of restorative justice by Indonesian National Police personnel, especially Indonesian National Police Investigator and society in general.


2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Dany Andhika Karya Gita ◽  
Amin Purnawan

ABSTRACT �This research is entitled The Authority of Police in Handling Mining Criminal Act According to Law Number 4 Year 2009 (Study in Indonesian National Police). The purpose of this research: 1) To know and analyze the authority of Police in handling illegal mining according to Law Number 4 Year 2009 regarding Mineral and Coal Mining. 2) To evaluate preventive and repressive efforts by the Police in illegal mining in Indonesia.Research Result: 1) The authority of the Police is the authority as stipulated in Law Number 2 Year 2002 regarding the Police of the Republic of Indonesia. The duties and powers of the Police are regulated in detail in Chapter III. In the execution of duties (Articles 13 and 14), the Police are granted the authority described in Article 15 and Article 16 with further provisions in Article 17, Article 18, and Article 19. 2) a. Preventive efforts in conducting patrols, raids, security operations conducted routinely and provide socialization to the public about the importance of creating security and how to overcome illegal stone mining and approaching with local residents to do pekon not to do illegal mining activities. While repressive efforts are done by optimizing the efforts of prosecution and collect evidence to act legally illegal mining actors with the provision of sanctions firm and deterrent effect and through mediation of the parties litigation so that the perpetrators do not need to be processed through criminal sanctions.Key Words: Police Authority, Crime, Mining�ABSTRAKPenelitian ini berjudul Kewenangan Kepolisian Dalam Menangani Tindak Pidana Pertambangan (Ilegal Mining) Menurut Undang-Undang Nomor 4 Tahun 2009 (Studi di Kepolisian Negara Indonesia). Tujuan Penelitian ini : 1) Untuk mengetahui dan menganalisis kewenangan Polri dalam menangani ilegal miningmenurut Undang-Undang Nomor 4 Tahun 2009 tentang Pertambangan Mineral dan Batu Bara. 2) Untuk mengevaluasi upaya preventifdan upaya represif yang dilakukan oleh Polri dalam Tindak Pidana Pertambangan (ilegal mining) di Indonesia.Hasil Penelitian : 1)Kewenangan Polri adalah wewenang yang tertuang dalam Undang-Undang Nomor 2 Tahun 2002 tentang Kepolisian Negara Republik Indonesia. Tugas dan wewenang Polri diatur secara terperinci di dalam Bab III. Dalam pelaksanaan tugas (Pasal 13 dan Pasal 14), Polri diberikan wewenang yang dijabarkan dalam Pasal 15 dan Pasal 16 dengan ketentuan lebih lanjut pada Pasal 17, Pasal 18, dan Pasal 19.2) a. Upaya secara preventif yaitu melaksanakan patroli, razia, operasi keamanan yang dilakukan secara rutin dan memberikan sosialisasi kepada masyarakat tentang pentingnya menciptakan keamanan serta cara mengatasi penambangan batu ilegal serta melakukan pendekatan dengan warga sekitar melakukan rembuk pekon untuk tidak melakukan kegiatan penambangan batu secara liar. Sedangkan upaya represif yang dilakukan adalah dengan mengoptimalkan upaya penindakan serta menghimpun bukti-bukti guna menindak secara hukum pelaku penambangan batu secara liar dengan pemberian sanksi tegas dan berefek jera serta melalui mediasi terhadap para pihak yang berperkara sehingga pelaku tidak perlu di proses melalui sanksi pidana.Kata Kunci : Kewenangan Kepolisian, Tindak Pidana,Pertambangan�


2020 ◽  
Vol 1 (2) ◽  
pp. 399-403
Author(s):  
I Made Adi Putra ◽  
I Nyoman Putu Budiartha ◽  
I Ketut Sukadana

It is common for a large motorbike convoy to cause accidents, both between large motorbike riders and other vehicle riders. This is due to the fact that the speed of the large-sized motorbikes itself can be said to be quite fast, coupled with the behavior of some of these riders who sometimes like to run red lights and put aside the traffic signs, which often results in accidents. Based on this factual background, the legal issues examined in this study are: What is the authority of the police in escorting large motorbike convoys and what is the responsibility of the police in implementing the convoy when accident victims occur on the road. The type of research used in this research is normative legal research. The results of this research are that the authority of the police apparatus in providing escort for large motorbike convoys is the provision of Article 14 letters a and 18 paragraph (1) of Law no. 2 of 2002 concerning the National Police of the Republic of Indonesia and Article 12 letter e of Law No. 22 of 2009. These provisions basically constitute the authority of the police apparatus to carry out the regulation, guarding, escort and patrol of community and government activities as needed, and to give the authority to act according to their own judgment in the public interest. The responsibility of the police is to carry out the convoy in the event of a victim of an accident on the highway in order to maintain order and ensure security, safety, orderliness and smoothness of road transportation.


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