HAK ASASI MANUSIA DALAM PERSPEKTIF UNDANG-UNDANG NOMOR 16 TAHUN 2011 TENTANG BANTUAN HUKUM

2016 ◽  
Vol 2 (1) ◽  
pp. 43-66
Author(s):  
Dadang Suprijatna
Keyword(s):  
Law Enforcement ◽  
Public Understanding ◽  
Poor People ◽  
Access To Justice ◽  
Legal Aid ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Legal Structure ◽  
Inspection Process ◽  
The Right

 This study aims to answer how the implementation of legal aid as access to justice for poor people? And any obstacles encountered in the implementation of legal aid? From the results of studies conducted with methods and rules of studies in jurisprudence showed that the implementation of legal aid for people who could not be implemented properly for their deviations in practice, such as the implementation of legal assistance through mentoring new advocate can be enjoyed by the public at the time of inspection advanced not at the time of the initial inspection and the inspection process is ongoing, but without the presence of lawyers, can still be found action advocates who refuse to provide legal aid, as advocates considered less professional and discrimination in the implementations of legal aid. The factors inhibiting the implementation of legal aid for poor people can be classified and divided into three factors namely, the factor of the substance of the law, a factor legal structure, and the cultural factors of law or culture of the community and law enforcement agencies, such as the lack of public understanding of the right to legal aid refers on mistrust, pessimism and skepticism towards the implementation of legal aid, and elements of attitudes, values, ways of acting and thinking advocates leading to the attitudes or actions of irregularities. Factors that inhibit community is negative community views on the implementation of legal aid as well as concerns in the use of legal aid.

scholarly journals Burden of Proof Reversal in Criminal Acts of Money Laundering

2019 ◽  
pp. 98-104
Author(s):  
Muhammad Khusnul Fauzi Zainal ◽  
Syukri Akub ◽  
Andi Muhammad Sofyan
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Burden Of Proof ◽  
Public Prosecutor ◽  
Legal Research ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Community Law ◽  
Legal Structure ◽  
Criminal Offenses

This study aims to analyze the burden of proof reversal system in handling cases of money laundering. This type of research is normative juridical legal research. The results of this study indicate that in the reversal system of the burden of proof of criminal acts of money laundering, each party has a burden of proof, the public prosecutor is burdened to prove that these assets are the property of the defendant and has a relationship with the original criminal act charged, while the defendant burdened to prove the origin of the assets claimed and if the defendant is unable to prove the origin of the assets, the assets can be strongly suspected to originate from criminal offenses. There are still obstacles in law enforcement both from the substance of the law (norms), legal structure (law enforcement agencies) and the culture of law (the culture of community law).

scholarly journals Information-Sharing Challenges and Issues in Multinational Operations, Part 1

2020 ◽  
Vol 25 (4) ◽  
pp. 307-316
Author(s):  
András Toth
Keyword(s):  
Law Enforcement ◽  
Information Sharing ◽  
Public Administration ◽  
Information Society ◽  
Security Measures ◽  
Military Operations ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Management Procedures ◽  
The Right

AbstractOne of the essential prerequisites for an efficient and effective organisation in our information society is the timely provision of information to the entitled person or persons. This is particularly important in the public, economic and business sphere, in public administration, law enforcement agencies and military operations as well. The information must always be available in the right place, at the right time, in the required quantity, quality and format, in order to gain and maintain the information superiority. This paper aims to analyse and present the methods of information sharing among different classified and non-classified systems and networks, their proposed areas of application, the security measures required for their safe implementation, and the risks and issues arising from their use. In this part of the article, the author analysed the different international security management procedures, the possible threats, vulnerabilities and solutions to create the most effective information-sharing environment.

scholarly journals Implementation of Legal Aid for the Poor as a Form of Practicing Pancasila Values

2021 ◽  
Vol 3 (2) ◽  
pp. 235-244
Author(s):  
Choerul Amin
Keyword(s):  
The State ◽  
Poor People ◽  
Access To Justice ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Poor ◽  
Pro Bono ◽  
Law And Justice ◽  
The Republic ◽  
The Right

Provision of Legal Aid is one of the ways the state can achieve access to law and justice for poor people in accordance with what has been mandated by the constitution. The principle of equality before the law in the Criminal Procedure Code (KUHAP) and Article 27 paragraph (1) of the 1945 Constitution tries to be realized by the state with this legal assistance so that the poor will experience justice in law enforcement in Indonesia. Justice is the right of all Indonesian people. Justice can be obtained by all people, this is contained in the Pancasila Values ​​especially in the 5th (five) precepts which read "Social Justice for All of Indonesia". For the poor who experience legal problems in the form of injustice, they can request legal assistance from legal aid institutions that are regulated in legislation. The purpose of providing legal aid is to guarantee and fulfill the right for Legal Aid Recipients to gain access to justice, to realize the constitutional rights of all citizens in accordance with the principle of equality in law, to ensure the certainty that the implementation of Legal Aid is carried out equally across the territory of the Republic of Indonesia, and to create an effective, efficient and accountable court. The community's right to get free legal assistance (pro-bono) is regulated in Law No. 16 of 2011 concerning Legal Aid. This law regulates the communities receiving legal assistance, grants, and funding as well as legal aid mechanisms. 

DIY Fraud Investigation and Access to Justice: A Case Study

2020 ◽  
Author(s):  
David Shepherd
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Access To Justice ◽  
Limited Capacity ◽  
Civil Justice ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Justice Systems ◽  
The Uk

Abstract Access to justice for fraud victims remains an enduring problem in the UK. Law enforcement agencies have limited capacity and capabilities for delivering criminal justice. Civil justice is so expensive that it is only an option for those with deep pockets or lucky enough to find competent professionals who are willing to work under a conditional fee arrangement (no-win-no-fee). This article describes the progress of a fraud case from a victim’s perspective through both the criminal and civil justice systems in the UK. The experiences describe incompetence in law enforcement, dishonesty and incompetence amongst lawyers and other professionals, and fractured, self-centred justice systems that poorly serve the public in England and Wales.

scholarly journals TINJAUAN YURIDIS HAK-HAK TERSANGKA DALAM PEMERIKSAAN PENDAHULUAN

Jurnal Hukum ◽  
1970 ◽  
Vol 26 (2) ◽  
pp. 550
Author(s):  
Bambang Tri Bawono
Keyword(s):  
Law Enforcement ◽  
Legal Protection ◽  
Legal Assistance ◽  
Legal Aid ◽  
Factors Affecting ◽  
Positive Law ◽  
Inspection Process ◽  
The Right ◽  
Concrete Reality ◽  
Institutional Mechanism

Law enforcement is a process to realize the desires that have positive law through the Act into reality. Thus the issue is a matter of law enforcement efforts to realize these abstract ideas into concrete reality. Inclusion of the right of a defendant to obtain legal aid in the inspection process investigation level in the positive law does not mean that the poem was entitled to them, that the suspect will simply obtain legal assistance from attorneys in the enforcement of legal ideas into reality, there are several factors that influence. These factors can be positive in terms of support, and negative in the sense of inhibiting. An obstacle will result in enforcement of the idea of legal aid can not be realized. Factors affecting the enforcement of legal ideas into reality, that is: (1) substance, (2) the structure and culture (3) the means and facilities. substance associated with the positive aspects of the law that allocates rights legal aid, the structure associated with the institutional mechanism of legal aid providers, the culture associated with the existing values in the circles. institutions, infrastructure and facilities associated with the things that make it possible for an institution to carry out the tasks assigned to him. So although legal aid is certainly one of the rights granted by the positive law, but it's right before the form of abstract ideas.Keyword : Legal Protection, Rights of Suspects, Investigation

Bantuan Hukum Cuma-Cuma Bagi Tersangka yang Tidak Mampu Pada Tingkat Penyidikan

2020 ◽  
Vol 19 (2) ◽  
Author(s):  
Rio Saputra ◽  
Mokhammad Najih
Keyword(s):  
Secondary Data ◽  
Primary Data ◽  
Legal Aid ◽  
Criminal Cases ◽  
Legal Research ◽  
Factors Affecting ◽  
Legal Structure ◽  
Procedure Code ◽  
Study Techniques ◽  
The Right

<p><em>Suspects have the right to obtain legal assistance, especially for suspects who are classified as economically disadvantaged in accordance with Article 56 of the Criminal Procedure Code (KUHAP). The facts show that there are many irregularities in the implementation of legal aid, therefore it is necessary to know about the implementation of free legal aid for suspects who are incapacitated at the level of investigation and the factors that become obstacles in the implementation of legal aid. This legal research is an empirical legal research and this research is descriptive in nature. The data used are primary data and secondary data. The techniques used to collect data were document study techniques and interview techniques. Inhibiting factors affecting the implementation of free legal aid for suspects who are unable at the level of investigation can be classified and differentiated into 3 factors, namely, legal substance, legal structure, and legal culture).</em></p><p><strong><em>Keywords: </em></strong><em>Legal Aid, Criminal Cases</em></p>

Public Order: Concept and Category Content

2020 ◽  
pp. 95-99
Author(s):  
R. G. Kalustov
Keyword(s):  
Law Enforcement ◽  
Public Order ◽  
Law Enforcement Agencies ◽  
The Public ◽  
History Of

The article discusses the emergence and development, as well as existing approaches to understanding the concept of “public order”. The history of the formation of this category is examined by analyzing regulatory legal acts. This method allows you to track the change in value and determine how to correctly understand the “public order” today. Revealing the concept, ambiguity arises in understanding this category, in connection with which the most applicable approach is currently determined for use in practice by law enforcement agencies.

Who Will Keep the Public Healthy? Assuring a Legally Prepared Workforce

2003 ◽  
Vol 31 (S4) ◽  
pp. 81-83 ◽  
Author(s):  
Mary Anne Viverette ◽  
Jennifer Leaning ◽  
Susan K. Steeg ◽  
Kristine M. Gebbie ◽  
Maureen Litchveld
Keyword(s):  
Law Enforcement ◽  
International Association ◽  
Department Of Justice ◽  
Law Enforcement Agencies ◽  
Rigorous Evaluation ◽  
The Public ◽  
Chiefs Of Police ◽  
The Law ◽  
And Performance ◽  
Evaluation Techniques

The Commission on the Accreditation of Law Enforcement (CALEA) employs rigorous evaluation techniques. Objective accreditation, such as made possible by CALEA, is important from the public’s perspective and in the national community of law enforcement.To counteract a general distrust of law enforcement agencies, the Law Enforcement Assistance Administration (LEAA) developed a grant to develop standards by which the quality and performance of law enforcement could be measured. LEAA developed 107 standards and, though well received by the law enforcement community, no single group or agency took the initiative to begin a program to evaluate and implement the standards. In 1979, the Department of Justice established an additional grant that effectively organized the four major law enforcement groups: the International Association of Chiefs of Police, the National Sheriff’s Association, the National Organization of Black Law Enforcement Executives, and the Police Executive Research Forum.

scholarly journals Optimizing The Role of Immigration Civil Servant Investigator in Treating Criminal Actions of People Smuggling

2020 ◽  
Vol 2 (1) ◽  
pp. 35-45
Author(s):  
Doniar Andre Vernanda ◽  
Tony Mirwanto
Keyword(s):  
Law Enforcement ◽  
Civil Servant ◽  
Immigration Law ◽  
Public Prosecutor ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Criminal Sanctions ◽  
Case Files ◽  
National Police

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

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