1,720,959 research outputs found
Hybrid Restorative Justice: Optimizing Cessation Of Prosecution The Case Theft Through Restorative Judicial House
Full text linkThe existence of restorative justice certainly brings a new paradigm in settlement of criminal cases, with the settlement of cases solely out of court. Restorative justice-based law enforcement is manifested in all law enforcement agencies, especially the Prosecutor's Office, in prosecuting cases based on the Republic of Indonesia Prosecutor's Regulation Number 15 of the Year 2020 concerning the Termination of Prosecution Based on Restorative Justice. The amount required to prosecute restoratives can be applied to the crime of theft as the highest case in Indonesia. This happened because Indonesia's disrupted economy after the Covid-19 pandemic created a moral crisis with drastic theft crimes. Meanwhile, it was recently discovered that establishing a restorative justice house in each jurisdiction of the attorney general's office was found to optimize the resolution of all legal problems by screening cases that go to court, socializing the law to residents, and being able to develop local wisdom. Involving local traditional leaders to emphasize deliberation is also another important thing wich must be exereised. This research uses normative legal research methods through applicable laws and regulations and literature study. The legislative approach is sourced from primary data and literature studies. Then in analyzing the problem, the author uses a descriptive analysis approach by applying the deductive method, namely, concluding a general discussion into a specific statement. Of course, the restorative justice house guarantees legal certainty and is an adequate facility in its implementation. Moreover, the Attorney General's Office has also formed a Quick Response Task Force to maximize the role of the restorative justice house by providing input on cases that deserve to be resolved through restorative justice, one of which is the crime of theft, which is happening
Political Corruption: Rise of Social Aid Politicization by Government in Grassroots Campaign 2024 Elections
Full text linkThe cruciality of 2024 General Election is inseparable from complex shift in democratic landscape as a structural-economic direction of state life. Competition between pairs candidates through their respective electoral political strategies is main focus of the community, one of which is Social Assistance (Bansos) which is often target of electoral commodities at grassroots base. President through his track record is also indicated by politicization Social Assistance by going to several regions to provide indirect support during the 2024 Election, as well as several ministers who further strengthen the indication of political corruption. This research uses a normative method that refers to conceptualization of political corruption and Law 7 of 2017 concerning Elections. The results showed that the identification of political corruption during the election period begins by looking at the policy formulation process which is often manipulated and looking for gray areas, such as the Election Law limiting Bawaslu to only take action against Paslon participants or teams who have registered with the KPU, and the absence of restrictions on the provision of Social Assistance. The discovery of the track record of politicization of social assistance by the government should be suspected during the campaign period ahead of the 2024 Election vote and become an evaluative tool for the government, both from the distribution method to the prohibition in certain moments. We can no longer prevent practices that have occurred, so what is expected is an ideal improvement recommendation for future elections.Krusialitas Pemilu 2024 tidak terlepas dari pergeseran lanskap demokrasi yang kompleks sebagai arah struktural-ekonomi kehidupan bernegara. Persaingan antar paslon melalui strategi politik elektoral masing-masing menjadi sorotan utama masyarakat, salah satunya Bantuan Sosial (Bansos) yang kerap menjadi sasaran komoditas elektoral di basis akar rumput. Presiden melalui rekam jejaknya juga terindikasi melakukan politisasi Bansos dengan turun ke beberapa daerah untuk memberikan dukungan secara tidak langsung pada saat Pemilu 2024, serta beberapa menteri yang semakin menguatkan indikasi korupsi politik. Penelitian ini menggunakan metode normatif yang mengacu pada konseptualisasi korupsi politik dan UU No. 7 Tahun 2017 tentang Pemilu. Hasil penelitian menunjukkan bahwa identifikasi korupsi politik pada masa pemilu diawali dengan melihat proses perumusan kebijakan yang seringkali dimanipulasi dan mencari area abu-abu, seperti UU Pemilu yang membatasi Bawaslu hanya dapat menindak Paslon atau timses yang sudah mendaftar ke KPU, dan tidak adanya pembatasan pemberian Bansos. Terungkapnya rekam jejak politisasi bansos oleh pemerintah patut dicurigai pada masa kampanye jelang pemungutan suara Pemilu 2024 dan menjadi alat evaluasi bagi pemerintah, baik dari cara penyaluran hingga pelarangan di momen-momen tertentu. Kita tidak bisa lagi mencegah praktik yang sudah terjadi, sehingga yang diharapkan adalah rekomendasi perbaikan yang ideal untuk pemilu-pemilu selanjutnya
Implementation of Litigation Mediation in Resolving Medical Negligence Disputes Between Patients and Health Workers
Full text linkNegligence in current medical disputes has not yet obtained legal settlement efforts for both parties, either between the patient, the medical staff, or the hospital. Efforts to resolve medical disputes can be done through two methods: litigation and non-litigation mediation. Determining a dispute resolution model with alternative efforts will minimize doctors' worries as well as stimulate medical personnel to improve the health system and existing errors will become an evaluation of health services later, especially also preventing doctors, patients and other parties from being confronted until a court decision actually damages a person's reputation. doctor. Apart from that, it is also an effort to relieve patient conflict, making it possible for patients undergoing treatment to receive reasonable compensation. Medical disputes should emphasize settlement through the ADR route because it not only provides benefits for both parties but also obtains legal guarantees from each party in court in Indonesia. Because when compared to dispute resolution outside the court, litigation mediation offers more integrative offers because it does not require high costs, takes a long time, and does not incline any party by upholding a win-win solution. This study uses a normative legal research method with a statutory and literature study approach and uses descriptive analysis by applying a deductive method. The results of the study show the effectiveness of the implementation of litigation mediation and penal mediation reform in the criminal law system in Indonesia
DIVERSION IN THE SETTLEMENT OF CRIME THEFT BY MINOR AT TANJUNG KARANG DISTRICT COURT
Full text linkThis research examines the implementation of Diversion strategies, which address cases involving child perpetrators outside the judicial process while aiming to protect their legal rights and future interests. Specifically, it focuses on the application of diversion in cases of child theft at Tanjung Karang District Court in 2022. Out of 11 theft cases, diversion was attempted in three, but only one was successfully resolved through this process. The research identifies several obstacles that hinder the effectiveness of diversion, including victims' disagreement with the diversion agreement, disputes over compensation amounts, and varying interpretations of the process among law enforcement officials. Utilizing a normative legal approach, this research relies on applicable legal statutes and a review of relevant literature, including books and journals. Data for this qualitative analysis were collected from diverse sources and examined meticulously, providing a detailed insight into the factors affecting the success of diversion at Tanjung Karang District Court. The findings highlight the need for standardized procedures and better alignment among stakeholders to enhance the success rates of diversion programs in similar legal contexts
Policy Law Enforcement of Crime Sexual Violence against Children Based on Law Number 11 of 2022
No full textThe presence of Law Number 11 of 2022 concerning Crimes Sexual Violence seeks to provide legal umbrella for existing problems, as well as manifestation Child Protection which has not been accommodated, especially in the criminal burden perpetrators of sexual crimes and the stages of efforts to recover victims due to sexual crimes they have experienced. It can be said that TPKS Law is synchronization of Child Protection Law by emphasizing sexual violence against children, through structuring stages of recovery given by children as well as in order to improve judicial process as special treatment needed by children. This research uses normative legal research methods through the approach of applicable laws and regulations and literature studies. The statutory regulation approach originates from primary data in form Law Number 35 of 2014 concerning Child Protection and Law Number 11 of 2022 concerning Sexual Crime Crimes and literature studies. The results this study will show that presence of TPKS Law has had a positive impact and new legal protection efforts for vulnerable people, especially children as victims sexual crimes
Rechtsvacuum in Execution of Administrative Sanctions and Forced Penalty Decisions and Implications of Settlement Personnel Disputes
No full textThe problem that occurs next is that not many TUN Courts have handed down dwangsom in decisions to strengthen the executable decision, as a result of implementing regulations for coercive measures that are not yet available.Under Government Regulation (PP) Number 43 of 1991 concerning Compensation and Processes for its Implementation in the State Administrative Court, Article 117 of Law No. 51 of 2009 is implemented by the regulation specified in that regulation. The two main rules of the PP are compensation and compensation. Because forced money (dwangsom) is distinct from compensation or compensation, from a legal standpoint, the PP still does not take into account the laws on forced money techniques. The term "legal vacuum" (rechtsvacuum) refers to a situation where some things have not been covered by positive legislation, given that the law itself cannot address all facets of life that are constantly evolving.The methodology taken in this text is juridical-normative, or based on legal material and looking at concepts, theories, legal principles, and statutory rules. The study's findings indicate that there are varying and mutually counterproductive norms regarding the quantity of forced money to be paid, the kinds of administrative sanctions to be applied, and the methods for carrying them out, along with transfers of positions and the filling of the Plaintiff's positions by other people, all of which delay the administration of justice
Reciprocal Policy Reformulation of Placement of TNI and Polri in Certain Civilian Positions
No full textThe State Civil Apparatus (ASN) Law, which was just passed in parliament on October 3, has sparked polemics. This regulation allows the TNI and Polri to fill ASN positions within civil institutions, as outlined in Article 19. ASN positions consist of managerial positions and non-managerial positions. The explanation of the article states that the filling of TNI and Polri positions by ASN and vice versa aims to ensure that ASN, TNI and Polri soldiers have balance and equality in their career development based on the Merit System. This provision in principle contradicts the restriction efforts that have been regulated in the Polri Law and TNI Law. Article 28 Paragraph (3) of the Polri Law explicitly states that Polri members can hold positions outside the police after resigning or retiring from the police service. Article 47 Paragraph (1) of the TNI Law also regulates that soldiers can only hold civilian positions after resigning or retiring from active military service. Thus, the government should reassess and reformulate articles that are counterproductive. In the research conducted by the current author, normative research or doctrinal research and empirical juridical research are used. The main types of data in this research are primary data and secondary data. Data analysis is carried out qualitatively, namely the process of organizing and sorting data into patterns, categories, and one basic description, so that it can be formulated in accordance with the research objectives (substantive theory). This research also conducts comparative theory with other countries\u27 concepts in limiting civilian positions for the TNI and Polri. The urgency of this research is to critically examine the reciprocal policy for the placement of certain civilian positions between TNI soldiers and Polri members with State Civil Apparatus (ASN) employees, which is interpreted as an accelerated expansion of job opportunities, but has implications for the staffing system and civilian militarization in Indonesia in projection
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe 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
Full text link“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
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