The theft crime is essentially taking the rights of others that do not belong to them secretly without coercion and the owner does not know about it. This action materially harms others and violates the values and norms that exist in society. The problem in this study is how the basis of the judge's consideration in deciding decision number 2/Pid.Sus-Anak/2022/PN.Gdt. This action materially harms others and violates the values and norms that exist in society. The problem in this study is to find out what is the basis for the judge's consideration in deciding decision number 2/Pid.Sus-Anak/2022/PN.Gdt. The problem approach used in this Legal Writing is a normative juridical and empirical juridical approach. The data sources in this research include primary data and secondary data. The resource persons in this research are judges at the Class II District Court of Gedong Tataan. The results of the research and discussion show that in deciding a juvenile criminal case, in this case, the crime of theft committed by a child, the judge as an official authorized to decide the case, sees the event from various existing legal facts and the results of research conducted by the community supervisor (PK) which later both of these become the basis for the consideration of the panel of judges. In the Gedong Tataan District Court itself, in meeting the standards for handling juvenile cases, several things still need to be addressed regarding facilities and infrastructure as regulated in the Decree of the Directorate General of the General Justice Agency.
{"title":"Law Enforcement Efforts of Theft in Gedong Tataan District Court Based on Pancasila Justice","authors":"M. D. Haikal, Rinaldy Amrullah","doi":"10.25041/plr.v4i1.2928","DOIUrl":"https://doi.org/10.25041/plr.v4i1.2928","url":null,"abstract":"The theft crime is essentially taking the rights of others that do not belong to them secretly without coercion and the owner does not know about it. This action materially harms others and violates the values and norms that exist in society. The problem in this study is how the basis of the judge's consideration in deciding decision number 2/Pid.Sus-Anak/2022/PN.Gdt. This action materially harms others and violates the values and norms that exist in society. The problem in this study is to find out what is the basis for the judge's consideration in deciding decision number 2/Pid.Sus-Anak/2022/PN.Gdt. The problem approach used in this Legal Writing is a normative juridical and empirical juridical approach. The data sources in this research include primary data and secondary data. The resource persons in this research are judges at the Class II District Court of Gedong Tataan. The results of the research and discussion show that in deciding a juvenile criminal case, in this case, the crime of theft committed by a child, the judge as an official authorized to decide the case, sees the event from various existing legal facts and the results of research conducted by the community supervisor (PK) which later both of these become the basis for the consideration of the panel of judges. In the Gedong Tataan District Court itself, in meeting the standards for handling juvenile cases, several things still need to be addressed regarding facilities and infrastructure as regulated in the Decree of the Directorate General of the General Justice Agency.","PeriodicalId":52575,"journal":{"name":"Pancasila and Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45405726","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
It is inconceivable to have crimes without laws created prescribing or enforcing them. There must also be in existence a concomitant authority, either a state or an institution vested with the capacity to enforce these laws. In cases those crimes that occur on land, it is usually straightforward to determine the body vested with the legal power to prescribe and enforce these claims. Through qualitative and quantitative sampling, this study argues that for crimes that occur on the sea; territorial, internal or high seas, determining the state with jurisdiction is not so clear. This is because there is the possibility that various states could have competing rights to prescribe, adjudicate and enforce criminal laws in relation to a criminal offense. It is therefore important that a survey of these competing/concurrent rights of states be carried out. This research also investigates whether, by international law, these rights are actually concurrent or whether one is superior to the other. It also carried out an assessment of how the concurrent rights of states are exercised and how conflicts are resolved when they occur. The research founds that in real terms, one should be superior to the others and not so concurrent.
{"title":"Enforcement Quandary in Maritime Crimes: Espousing the Tangle of Prescriptive Jurisdiction","authors":"A. O. Abdulkadir","doi":"10.25041/plr.v4i1.2773","DOIUrl":"https://doi.org/10.25041/plr.v4i1.2773","url":null,"abstract":"It is inconceivable to have crimes without laws created prescribing or enforcing them. There must also be in existence a concomitant authority, either a state or an institution vested with the capacity to enforce these laws. In cases those crimes that occur on land, it is usually straightforward to determine the body vested with the legal power to prescribe and enforce these claims. Through qualitative and quantitative sampling, this study argues that for crimes that occur on the sea; territorial, internal or high seas, determining the state with jurisdiction is not so clear. This is because there is the possibility that various states could have competing rights to prescribe, adjudicate and enforce criminal laws in relation to a criminal offense. It is therefore important that a survey of these competing/concurrent rights of states be carried out. This research also investigates whether, by international law, these rights are actually concurrent or whether one is superior to the other. It also carried out an assessment of how the concurrent rights of states are exercised and how conflicts are resolved when they occur. The research founds that in real terms, one should be superior to the others and not so concurrent.","PeriodicalId":52575,"journal":{"name":"Pancasila and Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47807118","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In cases of land grabbing, the overlap between civil and criminal law has created pre-judicial problems. This has resulted in the discourse of justice among those who anticipate law enforcement through criminal proceedings to be insecure. In addition, the Criminal Procedure Code does not recognize decision NO. This article examines the decision of Niet Ontvankelijke Verklaard (NO) in the final decision at the first level of the crime of land grabbing through the perspective of the value of justice. This article uses normative research using case-based, statutory, and conceptual methodologies. Data collection was carried out using literature review tools and interviews. Furthermore, qualitative data analysis was carried out. The findings of the study show that NO's decision in the final decision for the crime of land grabbing at the first level is intended to eliminate inconsistencies between criminal and civil judgments. Still, the Criminal Procedure Code does not recognize NO. Therefore, the NO decision cannot be given in a criminal case. If the indictment cannot be used to prosecute the defendant's actions, the decision can be an acquittal or a decision free from all lawsuits. Regarding the need for a civil decision regarding land ownership, it should be resolved in an interlocutory judgment. NO's verdict in the land grabbing case Number: 376.PID.B/2021/PN KOT does not fulfill the value of justice. Victims cannot get back the items they claim as their own, the public prosecutor cannot prove the accused's guilt, and the perpetrators do not know the exact status of the land. In addition, as a result of NO's decision, the case could not be retried (ne bis in idem), so justice and legal certainty were not achieved.
{"title":"Niet Ontvankelijke Verklaard (NO) Decision on the Criminal Case of Land Grabbing Perspective of Justice","authors":"Dhinda Ratri Putristira","doi":"10.25041/plr.v4i1.2948","DOIUrl":"https://doi.org/10.25041/plr.v4i1.2948","url":null,"abstract":"In cases of land grabbing, the overlap between civil and criminal law has created pre-judicial problems. This has resulted in the discourse of justice among those who anticipate law enforcement through criminal proceedings to be insecure. In addition, the Criminal Procedure Code does not recognize decision NO. This article examines the decision of Niet Ontvankelijke Verklaard (NO) in the final decision at the first level of the crime of land grabbing through the perspective of the value of justice. This article uses normative research using case-based, statutory, and conceptual methodologies. Data collection was carried out using literature review tools and interviews. Furthermore, qualitative data analysis was carried out. The findings of the study show that NO's decision in the final decision for the crime of land grabbing at the first level is intended to eliminate inconsistencies between criminal and civil judgments. Still, the Criminal Procedure Code does not recognize NO. Therefore, the NO decision cannot be given in a criminal case. If the indictment cannot be used to prosecute the defendant's actions, the decision can be an acquittal or a decision free from all lawsuits. Regarding the need for a civil decision regarding land ownership, it should be resolved in an interlocutory judgment. NO's verdict in the land grabbing case Number: 376.PID.B/2021/PN KOT does not fulfill the value of justice. Victims cannot get back the items they claim as their own, the public prosecutor cannot prove the accused's guilt, and the perpetrators do not know the exact status of the land. In addition, as a result of NO's decision, the case could not be retried (ne bis in idem), so justice and legal certainty were not achieved.","PeriodicalId":52575,"journal":{"name":"Pancasila and Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47601081","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The law is actually present for humans, and not the other way around. This means that the law must be able to meet the human needs that are purposeful and boil down to the end of the whole substantive justice. Pancasila has accommodated that spirit as a whole, the second and fifth precepts are the two. Precepts of Pancasila expressly carry the spirit of justice as one of its main pillars. This normative juridical paper uses 2 research approach methods, namely the statute approach and he historical approach. The data used in this study are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials that are processed through 3 phases of processing data, namely data reduction, presentation and verification. Law enforcement, especially judges, have an important role in carrying out and building the legal structure of the Pancasila Law State, one of the main spearheads is social justice (justice for people) with rule breaking efforts. The spirit that law enforcement should have should not be solely according to the legal way but rather refer to the reasonable way. The legislators also play an important role, the stages and process of legislation are one part of the frame of the fundamental structure of the Pancasila Law State because at thes tage of the spirit of the regulation is formed.
{"title":"Pancasila Law State As An Instrument Of Indonesian Legal Politics: Efforts To Achieve A Just Indonesian Legal State","authors":"David Aprizon Putra, Nadia Veronica","doi":"10.25041/plr.v3i2.2677","DOIUrl":"https://doi.org/10.25041/plr.v3i2.2677","url":null,"abstract":"The law is actually present for humans, and not the other way around. This means that the law must be able to meet the human needs that are purposeful and boil down to the end of the whole substantive justice. Pancasila has accommodated that spirit as a whole, the second and fifth precepts are the two. Precepts of Pancasila expressly carry the spirit of justice as one of its main pillars. This normative juridical paper uses 2 research approach methods, namely the statute approach and he historical approach. The data used in this study are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials that are processed through 3 phases of processing data, namely data reduction, presentation and verification. Law enforcement, especially judges, have an important role in carrying out and building the legal structure of the Pancasila Law State, one of the main spearheads is social justice (justice for people) with rule breaking efforts. The spirit that law enforcement should have should not be solely according to the legal way but rather refer to the reasonable way. The legislators also play an important role, the stages and process of legislation are one part of the frame of the fundamental structure of the Pancasila Law State because at thes tage of the spirit of the regulation is formed.","PeriodicalId":52575,"journal":{"name":"Pancasila and Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46129482","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The development of globalization has had both positive and negative impacts on all sectors in its implementation, especially law enforcement in Indonesia. The practice of law enforcement so far has continued without an adequate foundation, giving rise to injustice. Therefore, efforts are needed as preventive and curative steps, namely strengthening the realization of Pancasila justice in law enforcement to realize humane law enforcement, especially within the prosecutor's office. The research method used in this paper is normative juridical with a philosophical approach, a conceptual approach,, and a case approach. The results obtained are that law enforcement must prioritize the application of the noble values of Pancasila, which is balanced with the application of a philosophy of punishment based on the concept of restorative justice, which justice to frame various existing policies, so that the results of these policies can create a sense of justice that perpetrators feel, victims, the public and answer various problems in the judiciary and lead to the creation of humane prosecutors, besides that the values of Pancasila must be attached to law enforcers, especially prosecutor's profession. Judges decide cases with the direction "For the sake of God Almighty", but the role of the prosecutor's office must also take part in law enforcement in Indonesia so that it is fairer.
{"title":"Reconstruction of Law Enforcement in Indonesia Through Strengthening the Embodiment of Pancasila Values of Justice to Realize Humane Law Enforcement","authors":"Fajar Bima Alfian","doi":"10.25041/plr.v3i2.2739","DOIUrl":"https://doi.org/10.25041/plr.v3i2.2739","url":null,"abstract":"The development of globalization has had both positive and negative impacts on all sectors in its implementation, especially law enforcement in Indonesia. The practice of law enforcement so far has continued without an adequate foundation, giving rise to injustice. Therefore, efforts are needed as preventive and curative steps, namely strengthening the realization of Pancasila justice in law enforcement to realize humane law enforcement, especially within the prosecutor's office. The research method used in this paper is normative juridical with a philosophical approach, a conceptual approach,, and a case approach. The results obtained are that law enforcement must prioritize the application of the noble values of Pancasila, which is balanced with the application of a philosophy of punishment based on the concept of restorative justice, which justice to frame various existing policies, so that the results of these policies can create a sense of justice that perpetrators feel, victims, the public and answer various problems in the judiciary and lead to the creation of humane prosecutors, besides that the values of Pancasila must be attached to law enforcers, especially prosecutor's profession. Judges decide cases with the direction \"For the sake of God Almighty\", but the role of the prosecutor's office must also take part in law enforcement in Indonesia so that it is fairer.","PeriodicalId":52575,"journal":{"name":"Pancasila and Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48325588","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Attorney General's Office of the Republic of Indonesia has issued a breakthrough in efforts to resolve cases through the termination of prosecution based on restorative justice. The Prosecutor's Office of the Republic of Indonesia, a law enforcement officer referred to as a case controller based on the dominus litis principle has a significant role in determining the success of applying restorative justice in Indonesia. Therefore, this article examines and analyzes the implementation and inhibiting factors for stopping prosecutions based on restorative justice in settlement of criminal cases in the Lampung High Court area. The research method in writing this paper uses a normative juridical and empirical juridical approach, with 6 (six) sources from academics and the Public Prosecutor in the Lampung High Prosecutor's Office. The data is then processed and analyzed cumulatively. Based on the research results, the Lampung High Court has adopted the termination of restorative justice-based prosecutions in three (three) District Attorney's Offices. Meanwhile, the obstacle to stopping restorative justice-based prosecutions in the Lampung High Court area is dominated by overlapping arrangements for implementing restorative justice between law enforcement agencies, namely the Prosecutor's office and the police, which legal uncertainty and lead to disparities in law enforcement and the lack of community participation, especially among victims.
{"title":"Termination of Prosecutions Based On Restorative Justice in The Settlement of Criminal Cases In The Area of The High Prosecutors Of Lampung","authors":"Yuris Oktaviyani Citizen","doi":"10.25041/plr.v3i2.2734","DOIUrl":"https://doi.org/10.25041/plr.v3i2.2734","url":null,"abstract":"The Attorney General's Office of the Republic of Indonesia has issued a breakthrough in efforts to resolve cases through the termination of prosecution based on restorative justice. The Prosecutor's Office of the Republic of Indonesia, a law enforcement officer referred to as a case controller based on the dominus litis principle has a significant role in determining the success of applying restorative justice in Indonesia. Therefore, this article examines and analyzes the implementation and inhibiting factors for stopping prosecutions based on restorative justice in settlement of criminal cases in the Lampung High Court area. The research method in writing this paper uses a normative juridical and empirical juridical approach, with 6 (six) sources from academics and the Public Prosecutor in the Lampung High Prosecutor's Office. The data is then processed and analyzed cumulatively. Based on the research results, the Lampung High Court has adopted the termination of restorative justice-based prosecutions in three (three) District Attorney's Offices. Meanwhile, the obstacle to stopping restorative justice-based prosecutions in the Lampung High Court area is dominated by overlapping arrangements for implementing restorative justice between law enforcement agencies, namely the Prosecutor's office and the police, which legal uncertainty and lead to disparities in law enforcement and the lack of community participation, especially among victims.","PeriodicalId":52575,"journal":{"name":"Pancasila and Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46683715","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The changes in the order of people's lives after the Covid-19 pandemic stimulated the government to find the right policy direction, especially related to the work system of the State Civil Apparatus (ASN). Efforts to build a more adaptive work mechanism in dealing with crises initially created a Flexible Working Arrangement (FWA) policy which was implemented with Work From Home (WFH) as stated in the KemenPANRB Circular Number 19 of 2020 concerning Adjustment of the ASN System in Efforts to Prevent the Spread of Covid-19 The implementation of this policy has succeeded in achieving performance so that in the long term the government plans to implement a new work system model in the current New Normal era, namely Work From Anywhere (WFA). Later, ASN can work according to their convenience to improve the performance and better quality of public services. This formulation is also the embodiment of Industry 5.0 in work culture, so instead of closing oneself off from a restrictive system and working time, people can align it with the ever-evolving technology infrastructure as part of the reform agenda set out in Presidential Regulation No. 81 2010. This study uses a normative legal research method with an approach to legislation and literature study and uses descriptive analysis in managing qualitative data by applying a deductive method. The study results explain that the WFA concept is a new step for the government with a monitoring and evaluation system for ASN Number 8 of 2022. Furthermore, it is recommended to form a PermenPANRB. It is hoped that it will not only be a temporary solution but future-oriented in improving the performance of ASN based on the actual result.
{"title":"Work From Anywhere (WFA): Formulation of Policy Design for the Work System of State Civil Apparatus as Government Bureaucratic Efficiency In The New Normal Era","authors":"Daffa Ladro Kusworo, Maghfira Nur Khaliza Fauzi","doi":"10.25041/plr.v3i2.2769","DOIUrl":"https://doi.org/10.25041/plr.v3i2.2769","url":null,"abstract":"The changes in the order of people's lives after the Covid-19 pandemic stimulated the government to find the right policy direction, especially related to the work system of the State Civil Apparatus (ASN). Efforts to build a more adaptive work mechanism in dealing with crises initially created a Flexible Working Arrangement (FWA) policy which was implemented with Work From Home (WFH) as stated in the KemenPANRB Circular Number 19 of 2020 concerning Adjustment of the ASN System in Efforts to Prevent the Spread of Covid-19 The implementation of this policy has succeeded in achieving performance so that in the long term the government plans to implement a new work system model in the current New Normal era, namely Work From Anywhere (WFA). Later, ASN can work according to their convenience to improve the performance and better quality of public services. This formulation is also the embodiment of Industry 5.0 in work culture, so instead of closing oneself off from a restrictive system and working time, people can align it with the ever-evolving technology infrastructure as part of the reform agenda set out in Presidential Regulation No. 81 2010. This study uses a normative legal research method with an approach to legislation and literature study and uses descriptive analysis in managing qualitative data by applying a deductive method. The study results explain that the WFA concept is a new step for the government with a monitoring and evaluation system for ASN Number 8 of 2022. Furthermore, it is recommended to form a PermenPANRB. It is hoped that it will not only be a temporary solution but future-oriented in improving the performance of ASN based on the actual result.","PeriodicalId":52575,"journal":{"name":"Pancasila and Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46733324","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pretrial is still a paradox that creates uncertainty in compensating defendants who are acquitted and have permanent legal force. Pretrial is one way to enforce true justice, to enforce law, and truth through horizontal means as regulated in Article 80 of the Criminal Procedure Code to show the essence of pretrial as a form of supervision of coercive measures that have been carried out by investigators and public prosecutors against suspects. Therefore, this study aims to analyze the policy of criminal law regarding the alternative of providing compensation other than through pretrial. This research uses a normative juridical approach and a sociological juridical approach. The data used in this study are secondary data and primary data and use library research and interview instruments. So to the results of this study, there are 2 (two) alternatives for providing compensation for the detention of the defendant whose case was acquitted and had permanent legal force. First, compensation is included in the court decision in case of a loss due to a criminal act. Second, compensation can be made through an Alternative Dispute Resolution (ADR) with a court order. The legal implication when a judge provides compensation for the detention rights of a defendant whose case is acquitted and has permanent legal force is that the state must fulfill its obligation to pay compensation to the defendant. However, if the claim for compensation is rejected, it will result in losses from the accused's social, economic, and human rights aspects.
{"title":"Alternatives For Providing Compensation For The Detention Of A Defendant Whose Case Is Acquitted","authors":"A. Akbar","doi":"10.25041/plr.v3i2.2733","DOIUrl":"https://doi.org/10.25041/plr.v3i2.2733","url":null,"abstract":"Pretrial is still a paradox that creates uncertainty in compensating defendants who are acquitted and have permanent legal force. Pretrial is one way to enforce true justice, to enforce law, and truth through horizontal means as regulated in Article 80 of the Criminal Procedure Code to show the essence of pretrial as a form of supervision of coercive measures that have been carried out by investigators and public prosecutors against suspects. Therefore, this study aims to analyze the policy of criminal law regarding the alternative of providing compensation other than through pretrial. This research uses a normative juridical approach and a sociological juridical approach. The data used in this study are secondary data and primary data and use library research and interview instruments. So to the results of this study, there are 2 (two) alternatives for providing compensation for the detention of the defendant whose case was acquitted and had permanent legal force. First, compensation is included in the court decision in case of a loss due to a criminal act. Second, compensation can be made through an Alternative Dispute Resolution (ADR) with a court order. The legal implication when a judge provides compensation for the detention rights of a defendant whose case is acquitted and has permanent legal force is that the state must fulfill its obligation to pay compensation to the defendant. However, if the claim for compensation is rejected, it will result in losses from the accused's social, economic, and human rights aspects.","PeriodicalId":52575,"journal":{"name":"Pancasila and Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43188138","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The development and dynamics of society is very complex. Complexity also includes law enforcement in Indonesia. There are so many problems: first, prison overcapacity; second, handling small crimes and legal action against children and narcotics problems are a series of problems that exist in Indonesia. Restorative Justice is here to show changes in all these legal problems. This writing is a normative juridical writing with a conceptual approach (Conceptual Approach) and a statutory approach (Statute Approach). This writing is presented in a qualitative descriptive. The results of this paper discuss specifically about the urgency of Restorative Justice law enforcement in the Indonesian criminal justice legal system and the form of social engineering construction of restorative justice law enforcement by the prosecutor's office. The form of social engineering initiated by the prosecutor's office as an active actor in law enforcement is expected to form a more humane prosecutor's institution and improve its image as a law enforcement agency with integrity.
{"title":"Construction of Restorative Justice Law Enforcement by The Prosecutor: Development Law Theory Perspective","authors":"Ganiviantara Pratama","doi":"10.25041/plr.v3i2.2718","DOIUrl":"https://doi.org/10.25041/plr.v3i2.2718","url":null,"abstract":"The development and dynamics of society is very complex. Complexity also includes law enforcement in Indonesia. There are so many problems: first, prison overcapacity; second, handling small crimes and legal action against children and narcotics problems are a series of problems that exist in Indonesia. Restorative Justice is here to show changes in all these legal problems. This writing is a normative juridical writing with a conceptual approach (Conceptual Approach) and a statutory approach (Statute Approach). This writing is presented in a qualitative descriptive. The results of this paper discuss specifically about the urgency of Restorative Justice law enforcement in the Indonesian criminal justice legal system and the form of social engineering construction of restorative justice law enforcement by the prosecutor's office. The form of social engineering initiated by the prosecutor's office as an active actor in law enforcement is expected to form a more humane prosecutor's institution and improve its image as a law enforcement agency with integrity.","PeriodicalId":52575,"journal":{"name":"Pancasila and Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43754487","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The central objective of the article was to investigate the challenges posed by work-associated sexual intimidation of female workers and whether there were binding legislative and policy frameworks to address the problem in Nigeria. To achieve the aim, the study adopted both doctrinal and comparative approaches by evaluating some available literature in the area and comparing Nigeria’s position with some selected foreign jurisdictions with legislative provisions barring harassment. The article also adopted some theoretical models to explain the possible reasons for sexual harassment. It was discovered that the menace of sexual harassment at workplace has received a robust attention domestically and globally from researchers and organizations with available data showing that the despicable practice occur both in public and private establishments and that it has considerable negative effects on employers as well as on the health and psychological welfare of employees. The work revealed that unlike some other countries, Nigeria lacked precise anti-sexual harassment legislation and that the extant national legislative frameworks on sexual-related offences are inadequate to effectively curb the problem. Thus, the article recommended that there is need for stringent legal and policy frameworks to be put in place in Nigeria in order to tackle the hydra-headed problem of job-related sexual harassment as are obtainable in the three foreign jurisdictions examined in the paper.
{"title":"Sexual Harassment of Female Employees in The Workplace: Imperative For Stringent Legal And Policy Frameworks In Nigeria","authors":"Enobong Mbang Akpambang","doi":"10.25041/plr.v3i1.2754","DOIUrl":"https://doi.org/10.25041/plr.v3i1.2754","url":null,"abstract":"The central objective of the article was to investigate the challenges posed by work-associated sexual intimidation of female workers and whether there were binding legislative and policy frameworks to address the problem in Nigeria. To achieve the aim, the study adopted both doctrinal and comparative approaches by evaluating some available literature in the area and comparing Nigeria’s position with some selected foreign jurisdictions with legislative provisions barring harassment. The article also adopted some theoretical models to explain the possible reasons for sexual harassment. It was discovered that the menace of sexual harassment at workplace has received a robust attention domestically and globally from researchers and organizations with available data showing that the despicable practice occur both in public and private establishments and that it has considerable negative effects on employers as well as on the health and psychological welfare of employees. The work revealed that unlike some other countries, Nigeria lacked precise anti-sexual harassment legislation and that the extant national legislative frameworks on sexual-related offences are inadequate to effectively curb the problem. Thus, the article recommended that there is need for stringent legal and policy frameworks to be put in place in Nigeria in order to tackle the hydra-headed problem of job-related sexual harassment as are obtainable in the three foreign jurisdictions examined in the paper.","PeriodicalId":52575,"journal":{"name":"Pancasila and Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44340810","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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