1,720,959 research outputs found
Penggunaan Alat Bukti Elektronik dalam Konteks Penyadapan Menurut Peraturan Tindak Pidana Korupsi
Get PDFThe judicious use of electronic evidence (interception) in the Anti-Corruption Criminal Law holds significant legal implications. Employing normative legal research methodology, this study explores the judicial implications of electronic surveillance evidence within the framework of Indonesia's Telecommunications Law and the Law on Information and Electronic Transactions. Despite legislative recognition of electronic surveillance recordings as admissible evidence, their probative value remains contingent upon judicial interpretation. While the law acknowledges electronic surveillance as a crime, it also upholds the right to privacy and communication. Hence, the legal categorization of electronic evidence as indicative rather than conclusive underscores the need for a nuanced approach in its judicial application. The study suggests revisiting the legal provisions governing electronic evidence, particularly in the context of combating extraordinary crimes like corruption. Moreover, it advocates for aligning the treatment of electronic evidence with established principles within the Criminal Procedure Code (KUHAP) to ensure its proper adjudication. By delineating the nature and character of electronic evidence within the legal framework, this research underscores the importance of a comprehensive understanding to prevent misinterpretation and ensure effective enforcement
Return of State Losses Through State Administrative Instruments : an Effort to Avoid Criminal Liability
Get PDFThis study aims to analyze and give birth to the concept of state financial loss return through state administrative legal instruments and to give birth to a loss recovery model in the form of state financial loss return through compensation claims. This study uses a normative type of research using primary, secondary and tertiary legal materials. Legal materials are obtained through library research, then analyzed with qualitative techniques by drawing conclusions in a deductive way. The result of State financial losses due to unlawful acts, both intentional and negligent, that have implications for corruption crimes are problems that can hinder the growth and continuity of development. The return of state financial losses through criminal law instruments in the form of payment of compensation has failed to recover state financial losses. Enforcement of the criminal law on corruption should be the ultimate remedium, not the premium remedium. The legal instrument of state administration offers the recovery of losses through the return of state financial losses in the form of compensation claims. The instrument was used as an effort to avoid criminal liability, but it was successful in recovering losses. This research is very urgent in giving birth to the concept and model of returning state financial losses for the growth and sustainability of national developmen
Tindak Pidana Penganiayaan Ringan: Sebuah Perspektif
Get PDFRestorative Justice is a new approach emphasizing dialogue and peace in crime resolution, prioritizing addressing the core issues between individuals. In cases of assault, which involve unlawful acts causing harm or injury, Restorative Justice is typically applied to minor cases. However, Police Regulation Number 8 of 2021 expands Restorative Justice to encompass both minor and severe assault cases, as implemented in North Halmahera Police Resort. This empirical research collects primary and secondary data through field studies and literature reviews, employing qualitative analysis. Findings highlight the urgency of police implementation of Restorative Justice in assault cases to achieve substantial and balanced justice. Implementation has occurred in North Halmahera Police Resort in accordance with Police Regulation Number 8 of 2021, yet faces challenges such as socialization, cultural adaptation, and coordination between victims and perpetrators. Future law enforcement policies based on Restorative Justice must adapt to existing challenges, including wider socialization and cultural adaptation. Understanding the importance of victims' and perpetrators' presence in the Restorative Justice process also requires enhancement
Analisis Efektivitas Penegakan Hukum Terhadap Penyidikan Tindak Pidana Korupsi Oleh Kepolisian Daerah Maluku Utara
Get PDFPenelitian ini menganalisis efektivitas penegakan hukum terhadap penyidikan tindak pidana korupsi oleh Kepolisian Daerah Maluku Utara. Korupsi merupakan kejahatan luar biasa yang memerlukan penanganan khusus dalam penegakan hukumnya. Metode penelitian yang digunakan adalah penelitian hukum empiris dengan teknik pengumpulan data melalui wawancara dan studi dokumen. Hasil penelitian menunjukkan bahwa penegakan hukum terhadap penyidikan tindak pidana korupsi oleh Kepolisian Daerah Maluku Utara belum efektif. Dari 41 kasus korupsi yang ditangani periode 2020-2024, hanya 16 kasus yang berhasil diselesaikan, sedangkan 25 kasus masih dalam proses penanganan. Faktor-faktor yang mempengaruhi efektivitas penegakan hukum meliputi substansi hukum yang sudah jelas namun terkendala implementasi, struktur hukum yang menghadapi keterbatasan sumber daya manusia dan anggaran, serta kultur hukum yang masih memerlukan penguatan profesionalisme. Penelitian ini merekomendasikan perlunya peningkatan anggaran, penambahan personil penyidik, peningkatan kualitas SDM melalui pendidikan dan pelatihan, serta penguatan koordinasi antar instansi penegak hukum
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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