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Prevention of Theft with Aggravated Circumstances at Semarang City 三宝垄市预防盗窃加重情节
Pub Date : 2023-05-31 DOI: 10.15294/ijals.v5i1.66854
Rochmad Rochmad, Raden Ariel Andro Bramasta
The operational task of the police is a task that is directly in contact with the community, the benchmark for success is the realization of public trust in the National Police. In the jurisdiction of the Semarang Police, there are still rampant criminal acts of theft with ballast. Many people suffer losses due to the frequent occurrence of these crimes, such as physical disorders, economic losses, and psychological disorders. The implementation of the Samapta Unit motor vehicle patrol and the factors affecting the motor vehicle patrol activities of the Samapta Unit in preventing theft crimes with ballast (curat) need to be optimized. Management theory, crime prevention theory, organizational resource theory, patrol concept, and the concept of stolen crime, are applied to improve the effectiveness and efficiency of the implementation of samapta unit motor The operational task of the police is a task that is directly in contact with the community, the benchmark for success is the realization of public trust in the National Police.
警察的行动任务是直接与社会接触的任务,成功的基准是实现公众对国家警察的信任。在三宝垄警方管辖范围内,带压舱物盗窃犯罪行为依然猖獗。由于这些犯罪的频繁发生,许多人遭受了损失,如身体上的障碍,经济上的损失,心理上的障碍。需要优化Samapta机动车辆巡逻的实施情况,以及影响Samapta机动车辆巡逻活动在防范带镇流器(curat)盗窃犯罪方面的因素。运用管理理论、犯罪预防理论、组织资源理论、巡逻理念、盗窃犯罪理念,提高公安机关执行samapta单位机动的有效性和效率。警察的作战任务是直接与社会接触的任务,成功的基准是实现公众对国家警察的信任。
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引用次数: 0
Discourse of Violence and Rights Violation in Child Marriage 论童婚中的暴力与权利侵犯
Pub Date : 2023-05-31 DOI: 10.15294/ijals.v5i1.66569
Ria Anggraeni Utami, Randy Pradityo, Lidia Br. Karo, Risna Karinda
The age limit in forming a marriage is very important. This is because the age of the couple in marriage is too young which can lead to increased domestic conflicts, including cases of domestic violence (KDRT) and even divorce cases. In addition, a child who marries at a young age has the potential to give rise to rights that he should have received but are no longer able to obtain as a result of the child marriage. The research method used is an empirical juridical research method, where this is done by field research and library materials. From the results of this study, there are factors that cause child marriage, namely in the form of family economic factors (poverty), arranged marriages by parents, environmental factors of friends who have married many, cultural factors and people's views on the age of marriage, factors not going to school anymore, and because they had sexual intercourse when they were dating. Some of the rights that are vulnerable to being violated in child marriages include the right to education, the right to a source of livelihood, the right to growth and development, and the right to be free from violence. The forms of violence that arise from child marriage are physical violence as well as psychological violence either committed by partners or by people who have family relations, for example because of blood relations, marriage and guardianship who reside in the household.
结婚的年龄限制是很重要的。这是因为结婚年龄太小,导致家庭暴力甚至离婚等家庭矛盾增加。此外,年轻时结婚的儿童有可能获得他本应获得但由于童婚而无法再获得的权利。所使用的研究方法是一种实证法律研究方法,通过实地调查和图书馆资料来完成。从本研究的结果来看,导致童婚的因素有:家庭经济因素(贫困)、父母包办婚姻、结婚多的朋友的环境因素、文化因素和人们对结婚年龄的看法、不再上学的因素、约会时发生性行为等。在童婚中容易受到侵犯的一些权利包括受教育权、谋生权、成长和发展权以及不受暴力侵害的权利。由童婚引起的暴力形式包括伴侣或有家庭关系的人实施的身体暴力和心理暴力,例如由于血缘关系、婚姻和居住在家庭中的监护人而实施的暴力。
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引用次数: 0
Improving the Professionalism of Human Resources for the Indonesian National Police through Strengthening Supervision 通过加强监督提高印尼国家警察人力资源的专业性
Pub Date : 2023-05-31 DOI: 10.15294/ijals.v5i1.66843
Rudy Cahya Kurniawan
Public distrust is only one example of the result of the poor performance and professionalism of the Police. The research method used by this study is an empirical research method that examines the implementation of strengthening as an effort to realize the professionalism of the Indonesian National Police in a progressive legal perspective with Socio-Legal. The data analysis method used is qualitative analysis which emphasizes more on the deductive and inductive inference processes as well as on the dynamics of the relationship between observed phenomena using scientific logic. The implementation of strengthening the supervision of the Police of the Republic of Indonesia in realizing professionalism is carried out well through their respective ranks and function units. The factors supporting and inhibiting the strengthening of the supervision of the Indonesian National Police are divided into two, namely the driving factor and the inhibiting factor. The driving factors consist of good coordination / cooperation between functional units, Itwasda's limited authority in handling public relations and community support for the existence of Itwasda. Meanwhile, the inhibiting factors consist of non-one-door mechanisms, bureaucratic errors from related functional units, the number of members of the Public Relations sub-section is less than the overall task carried out, inconvenience in handling and taking action against colleagues, people who do not understand the public relations mechanism and the complexity of the investigation process. until the decision is made.
公众的不信任只是警察表现欠佳和缺乏专业精神的一个例子。本研究使用的研究方法是一种实证研究方法,从社会法律的进步法律角度审视加强作为实现印度尼西亚国家警察专业精神的努力的实施情况。使用的数据分析方法是定性分析,更强调演绎和归纳推理过程,以及使用科学逻辑观察现象之间关系的动态。加强对印度尼西亚共和国警察在实现专业化方面的监督的实施,通过各自的职级和职能单位进行得很好。支持和抑制印尼国家警察加强监督的因素分为两个,即驱动因素和抑制因素。驱动因素包括职能单位之间的良好协调/合作,Itwasda在处理公共关系方面的有限权力以及社区对Itwasda存在的支持。同时,抑制因素包括非一门门机制、相关职能单位的官僚主义错误、公共关系科成员人数少于执行的整体任务、处理和对同事采取行动不方便、人们不了解公共关系机制以及调查过程的复杂性。直到做出决定。
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引用次数: 0
Advocacy on Combating Hunger: Political Will of the Kedunggebang Village Government to Implement Banyuwangi Tanggap Stunting Programs in 2022 倡导消除饥饿:柯敦格邦村政府在2022年实施班育旺吉唐峡发育迟缓计划的政治意愿
Pub Date : 2023-05-31 DOI: 10.15294/ijals.v5i1.67726
Rahadyan Fajar Harris, Indria Wahyuni, Wilda Prihatiningtyas
Accelerating stunting reduction is a government policy priority supported by all local governments in Indonesia. Banyuwangi Regency has the Banyuwangi Tanggap Stunting (BTS) Program as innovative program to reduce stunting rates, which must be supported by all village governments in Banyuwangi Regency. The success of the policy must begin with the Political Will of the village government to support the implementation of policies in the villages. In this context, Kedunggebang Village, Tegaldlimo District, implements the BTS program through cross-sectoral synergy and massive counselling to the people at Kedunggebang Village. The purpose of this study is to describe the Political Will of the Kedunggebang village government to support the BTS project, and obstacles in its implementation. This research uses qualitative descriptive methods through in-depth interview techniques and is analyzed using Brinkerhoff theory (1999) as an analytical instrument. The novelty of this research is a multidisciplinary study that examines public health issues using the perspective of public policy and government bureaucracy. The results of this study show that the Kedunggebang Village Government has low Political Will, but is able to implement the BTS program. So there is a need for bureaucratic reform in the form of village regulation legislation, preparation of village development plans, and organizing a task force to accelerate stunting reduction.
加快减少发育迟缓是印尼所有地方政府支持的政府政策重点。Banyuwangi县将Banyuwangi Tanggap发育迟缓(BTS)项目作为降低发育迟缓率的创新项目,必须得到Banyuwangi县所有村政府的支持。政策的成功必须从村庄政府的政治意愿开始,以支持政策在村庄的实施。在此背景下,特加德利莫区Kedunggebang村通过跨部门协同和对Kedunggebang村人民的大规模咨询,实施了防弹少年团计划。本研究的目的是描述Kedunggebang村政府支持BTS项目的政治意愿,以及其实施中的障碍。本研究通过深度访谈技术采用定性描述方法,并使用Brinkerhoff理论(1999)作为分析工具进行分析。这项研究的新颖之处在于,它是一项多学科研究,从公共政策和政府官僚机构的角度审视公共卫生问题。本研究结果显示,克东葛邦村政府的政治意愿较低,但有能力实施防弹少年团计划。因此,有必要进行官僚主义改革,包括村庄法规立法、编制村庄发展计划和组织工作组,以加速减少发育迟缓。
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引用次数: 0
Legal Formulation of Telemedicine Implementation as the Prevention of Malpractice Risk for Patients 远程医疗实施的法律制定:预防患者的医疗事故风险
Pub Date : 2023-05-31 DOI: 10.15294/ijals.v5i1.64538
Fatihana Ulya Nasution, Aji Lukman Ibrahim
This study aims to determine the practice of implementing telemedicine in Indonesia and legal reformulation in telemedicine implementation as a prevention of malpractice risks to patients. This study used normative juridical research, with the statute approach, conceptual approach, and comparative approach. The data used is secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The results of this study indicate that Indonesia does not yet have regulations that specifically regulate the use of telemedicine. Regulation of the Minister of Health Number 20 of 2019 is not sufficient to guide the implementation of telemedicine in Indonesia. Thus, the use of telemedicine has the potential to cause various legal problems. If referring to the principles of medical practice, telemedicine can pose a risk of malpractice to patients because doctors do not examine patients directly. Not only that, current regulations also do not specifically regulate the concept of administering electronic medical records in telemedicine, thus increasing the risk of malpractice in the form of leakage of electronic medical record data and resulting in legal uncertainty in proving in the event of malpractice. Therefore, it is necessary to reformulate the law by issuing telemedicine regulations whose substance regulates the relationship between doctors and patients, the rights and obligations of the parties, protection of electronic medical records, criminal sanctions, and an independent supervisory institution. Keywords: Legal Reformulation, Malpractice, Telemedicine.
本研究旨在确定印度尼西亚实施远程医疗的实践和远程医疗实施中的法律改革,以预防患者的医疗事故风险。本研究采用规范的法学研究方法,采用成文法方法、概念方法和比较方法。所使用的数据是二级数据,包括一级法律资料、二级法律资料和三级法律资料。这项研究的结果表明,印度尼西亚还没有专门规范远程医疗使用的法规。卫生部2019年第20号条例不足以指导印度尼西亚实施远程医疗。因此,使用远程医疗有可能引起各种法律问题。如果参照医疗实践原则,远程医疗可能会给患者带来医疗事故的风险,因为医生不直接检查患者。不仅如此,现行法规也没有具体规范远程医疗中管理电子病历的概念,从而增加了电子病历数据泄露形式的医疗事故风险,并导致在发生医疗事故时证明的法律不确定性。因此,有必要通过颁布远程医疗条例来重新制定法律,其实质规定了医患关系、当事人的权利和义务、电子病历的保护、刑事制裁和独立的监督机构。 关键词:法律改革,医疗事故,远程医疗。
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引用次数: 0
Seeking Justice for Indonesian Children: The Juvenile Criminal Justice System in Indonesia in the Context of Criminal Justice Reform 为印度尼西亚儿童寻求正义:刑事司法改革背景下的印度尼西亚少年刑事司法制度
Pub Date : 2022-09-30 DOI: 10.15294/ijals.v4i2.60033
Resty Shelya Pujiani, Mutia Azizah Aksan, Maya Sinta
Children who are in contact with law in Indonesia have their own characteristics and handling procedures through the Juvenile Criminal Justice System. Through Law Number 11 of 2021 concerning the Juvenile Criminal Justice System, the state tries to be present to protect children's rights, even though children are perpetrators of crimes. Handling criminal cases against children is certainly different from handling cases against adults, the handling of children is special because it is also regulated in separate regulations. Understanding of the process of handling children's cases, of course, there may still be some in the community who do not understand or understand, so that sometimes it gives rise to various assessments, even more fatal if there is a misjudgment that the handling of children, especially children in legal conflicts 5 get special treatment and there are also those who think that children cannot be punished even though it is not that far, it's just that the handling process is specifically regulated. This study aims to analyze the concept of justice for children in the Indonesian Child Criminal Justice System within the framework of Criminal Justice Reform. The method used in this study is a mixed method between empirical and normative studies. This method is used to answer the substance of justice contained in the Juvenile Criminal Justice System within the framework of criminal justice reform. The location of this research was specifically carried out in the city of Semarang, and several other cities as supporting material. Supporting data in this study were also obtained from various studies on the internet. 
在印度尼西亚,与法律接触的儿童通过少年刑事司法制度有自己的特点和处理程序。通过关于少年刑事司法制度的2021年第11号法律,国家试图在场保护儿童的权利,即使儿童是犯罪的肇事者。处理针对儿童的刑事案件当然不同于处理针对成人的案件,对儿童的处理是特殊的,因为它也在单独的条例中进行了规定。对儿童案件处理过程的了解,当然社会上可能还有一些人不了解或不理解,所以有时会产生各种各样的评价,甚至更致命的是,如果有一个错误的判断,认为处理儿童,特别是在法律冲突中的儿童得到特殊待遇,也有人认为儿童不能受到惩罚,即使没有那么远,只是处理过程是有特别规定的。本研究旨在分析印尼儿童刑事司法制度在刑事司法改革框架下的儿童司法概念。本研究采用的方法是实证研究和规范研究的混合方法。这一方法是在刑事司法改革的框架内回答少年刑事司法制度所包含的司法实质问题。这项研究的地点是专门在三宝垄市进行的,以及其他几个城市作为支持材料。本研究的支持数据也来自互联网上的各种研究。
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引用次数: 0
Implementation of Legal Protection for Child Victims of the Crime of Sexual Intercourse in terms of the Fulfillment of the Right to Restitution 从归还权的实现看对性犯罪受害儿童的法律保护
Pub Date : 2022-09-30 DOI: 10.15294/ijals.v4i2.59959
A. Mantali
The fulfillment of the right of restitution against child victims of criminal acts is regulated in Article 71 letter d of Law Number 35 of 2014 concerning Child Protection. In order to make it easier for victims to get compensation without having to go through the usual civil lawsuit process, the state provides a way through merging cases of compensation claims to criminal cases regulated in Articles 98-101 of the Criminal Procedure Code. In fact, the fulfillment of the right of restitution as stated in the provisions has never been implemented. This study aims to analyze the implementation of legal protection for child victims of the crime of sexual intercourse in terms of the fulfillment of the right of restitution and find the formulation of the concept of legal protection which is expected to be able to provide legal protection through the fulfillment of the right of restitution in the future. This study uses a normative juridical research method, with a law approach and a case approach. The results of this study are: 1) Legal protection in the form of fulfilling victims' restitution rights, especially in the Gorontalo District Court in practice has not been implemented properly. This is because victims do not know their rights in Article 98 of the Criminal Procedure Code, and the lack of regulation and authority of law enforcement officers in determining the amount of immaterial losses. 2) In order to realize the optimal fulfillment of victims' restitution rights, the provisions regarding restitution in the Witness and Victim Protection Law should be stated in the Criminal Procedure Code so that there is a harmony of arrangements regarding the submission procedure and other provisions regarding restitution. The Draft Criminal Procedure Code must also contain coercive power for the defendant to pay compensation to the victim.
2014年关于儿童保护的第35号法律第71条第d款规定了对犯罪行为受害儿童的赔偿权利的实现。为了使受害者在不经过通常的民事诉讼程序的情况下更容易获得赔偿,国家提供了将赔偿要求案件与《刑事诉讼法》第98-101条规定的刑事案件合并的办法。事实上,这些规定所规定的归还权利的实现从未得到落实。本研究旨在从归还权的实现角度分析对性犯罪受害儿童的法律保护实施情况,并找到法律保护概念的制定,以期未来能够通过归还权的实现提供法律保护。本研究采用规范的法学研究方法,采用法律研究方法和案例研究方法。本文的研究结果是:1)以受害人赔偿权利的实现为形式的法律保护,特别是在哥伦塔洛地方法院的法律保护在实践中没有得到很好的落实。这是因为受害者不知道《刑事诉讼法》第98条规定的权利,而且执法人员在确定非物质损失数额方面缺乏规章制度和权威。2)为了使被害人的赔偿权利得到最优的实现,《证人与被害人保护法》中关于赔偿的规定应在《刑事诉讼法》中予以规定,使提交程序的安排与其他有关赔偿的规定相协调。刑事诉讼法草案还必须包含被告向受害人支付赔偿的强制权力。
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引用次数: 0
The Impact of The Court Map in the Field of Advocacy 法院地图在倡导领域的影响
Pub Date : 2022-09-30 DOI: 10.15294/ijals.v4i2.58446
Ana Rushiti
The rule of law operates in accordance with the law, focusing on the equality of citizens before the law and the prohibition of the arbitrary power of the executive (Government). Justice reform is a mechanism that made it possible for citizens to increase their trust in justice. Justice reform was a mechanism that we had not heard before and it is important in this paper to mention the causes and consequences of justice reform by balancing them to understand its positive and negative sides. Judicial reform has mostly affected judges and prosecutors, but also lawyers in court cases as well and the public had an important role to denounce any judge or prosecutor who had given court decisions in violation of the law but also cases of corruption of judges or prosecutors. In this paper it is very important to address two very important principles sanctioned by the European Convention on Human Rights. the second is a trial within a reasonable time by analyzing court decisions and the importance of respecting deadlines by the courts for a speedy and effective justice. A new innovation taken from the countries of the European Union was the new court map that does not brought a few debates in our country and how the new court map will affect the economy of Albanians given that Albania is a developing country.
法治依法运作,注重公民在法律面前的平等和禁止行政部门(政府)的专断权力。司法改革是一种使公民增加对司法信任的机制。司法改革是一个我们闻所未闻的机制,在本文中,重要的是通过平衡它们来提到司法改革的原因和后果,以了解其积极和消极的方面。司法改革主要影响到法官和检察官,但也影响到法庭案件中的律师,公众在谴责任何作出违法判决的法官或检察官以及法官或检察官腐败案件方面发挥了重要作用。在本文中,非常重要的是要讨论《欧洲人权公约》所认可的两项非常重要的原则。第二是在合理的时间内进行审判,通过分析法院的判决和尊重法院的最后期限对于迅速和有效的司法的重要性。来自欧盟国家的一项新创新是新的法院地图,这在我国并没有引起一些辩论,以及鉴于阿尔巴尼亚是一个发展中国家,新的法院地图将如何影响阿尔巴尼亚人的经济。
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引用次数: 0
Legal Aspect on Indonesia Military-Industrial Complex to Strengthening Defence Industry Research and Clasterization in Building Independent Defence Industry in Indonesia 印尼军工综合体对加强国防工业研究和印尼自主国防工业集群建设的法律视角
Pub Date : 2022-09-30 DOI: 10.15294/ijals.v4i2.61289
Muhammad Iqbal Baiquni, Yulia Fajar Rafikawati, Wulan Saputri Indah, Ridwan Arifin, N. D. Nte
Indonesia's bitter experience of the embargo became a hard slap and a reminder of the importance of the National Defense Industry in meeting the needs of the TNI's defense equipment and encouraging the quality of the TNI's performance in carrying out the territorial defense of the Republic of Indonesia. Over time the development of the National Defense Industry continues to grow and is supported by regulations at the level of the Law, namely Law no. 16 of 2012 concerning the Defense Industry in realizing the Independence of the National Defense Industry. However, over time the implementation of Law no. 16 of 2012 does not work properly, challenges and problems arise, there are two problems in the National Defense Industry, namely Research and Development (R&D) and Defense Clustering. In this paper, a deeper review of the complex defense industry uses the research method, namely normative juridical research with two approaches including the statute approach and the conceptual approach. The results of the research in this paper carry the Core Indonesia Military-Industrial Complex which supports the strengthening of Research by initiating the Concept of Feedback and Clustering of the Defense Industry by forming 7 Defense Industry Clusters which include Raw Material Industry, Production Industry, Assembly Industry, Production, Support Industry (Components, Spare Parts), Electronic Industry, Maintenance.
印度尼西亚在禁运方面的痛苦经历成为一记沉重的耳光,并提醒人们国防工业在满足TNI国防设备的需要和鼓励TNI在执行印度尼西亚共和国领土防御方面的表现质量方面的重要性。随着时间的推移,国防工业的发展不断壮大,并得到了法律层面的规定的支持,即第2号法。2012年第16号关于实现国防工业独立的国防工业。然而,随着时间的推移,第一号法律的实施。2012年16日的工作不正常,挑战和问题出现,国防工业存在两个问题,即研究与开发(R&D)和国防集群。本文对复杂的国防工业进行了较为深入的研究,采用了规范性的法学研究方法,包括法规研究方法和概念研究方法。本文的研究成果承载了印尼核心军工综合体,通过提出国防工业的反馈和集群概念,通过形成包括原材料工业、生产工业、装配工业、生产工业、支持工业(零部件、备件)、电子工业、维修工业在内的七大国防工业集群,支持加强研究。
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引用次数: 0
Increasing Public Understanding of the Prevention and Complaints of Fraudulent Investments 提高公众对预防和投诉欺诈性投资的认识
Pub Date : 2022-09-30 DOI: 10.15294/ijals.v4i1.53281
D. Suprapti, Nurul Fibrianti, Anggun Meinanda Maharani
The many offers of high income make many people interested in investing. People's carelessness backfires on those who are victims of fraudulent investments. Illegal investment or more commonly known as a fraudulent investment is indeed carrying out investment activities that are not following existing regulations. The ease of access to information and the affordability of technology today has become the ground for illegal investment actors to look for victims. Investments that initially aim to obtain maximum income from existing capital in the future harm investors. In illegal assets, it is not only the activities that are not appropriate, but the completeness of the licensing documents for investment companies is also incomplete. Many types of activities resemble investments but are fake or illegal. The victims of this activity are not only a few. Even from all walks of life are victims of this irresponsible activity. This service is carried out by educating the public regarding complaints and assisting with illegal investments. This service will be carried out by providing investment training for the community in Kalipancur Village, especially for mothers and teenagers who are often the target of investment fraud. Such an approach is expected to provide validity of the results as a good outcome. This training is considered efficient and effective because the public understands and understands commercial transactions through the internet to increase their knowledge to increase their income and standard of living.
许多高收入的机会使许多人对投资感兴趣。人们的粗心大意对那些被欺诈性投资的受害者产生了反作用。非法投资或更常见的欺诈性投资实际上是不遵守现行规定的投资活动。如今,信息获取的便利性和技术的可负担性成为非法投资行为者寻找受害者的基础。最初旨在从现有资本中获得未来最大收益的投资对投资者有害。在非法资产方面,不仅活动不当,而且投资公司的许可文件的完整性也不完整。许多类型的活动类似于投资,但却是虚假或非法的。这种活动的受害者不只是少数。甚至各行各业的人都是这种不负责任活动的受害者。这项服务是通过教育公众如何投诉和协助非法投资来开展的。这项服务将通过为Kalipancur村的社区提供投资培训来实施,特别是为经常成为投资欺诈目标的母亲和青少年提供投资培训。这种方法有望提供有效性的结果作为一个良好的结果。这种培训被认为是高效和有效的,因为公众了解并理解通过互联网进行的商业交易,以增加他们的知识,增加他们的收入和生活水平。
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引用次数: 0
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Indonesian Journal of Advocacy and Legal Services
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