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The Effectiveness against Traffic Violations with Electronic Traffic Law Enforcement (ETLE) 电子交通执法打击交通违例行为的成效
Q2 Social Sciences Pub Date : 2021-12-28 DOI: 10.30659/ldj.3.4.736-742
Yuliantoro Yuliantoro, Achmad Sulchan
This study aims to determine and analyze the effectiveness of law enforcement against traffic violations with Electronic Traffic Law Enforcement (ETLE) and to identify and analyze the obstacles in law enforcement against traffic violations with Electronic Traffic Law Enforcement (ETLE) and find out the solutions. This research is an empirical juridical research by combining legal materials (which are secondary data) with primary data obtained in the field. The results of this study indicate that the effectiveness of Electronic Traffic Law Enforcement (ETLE) is still less effective in its implementation, judging from the data on violations that are still occurring, which are increasing compared to before the implementation of the ETLE system. Public awareness of compliance in driving on the road is still lacking and tends to ignore traffic signs because there are no police officers on the road. The factor for the ineffectiveness of implementing Electronic Traffic Law Enforcement (ETLE) is the lack of camera equipment installed on every road and every traffic light so that there is a lack of valid data to detect traffic violators and also there are still many violators found on the highway, especially motorcycle riders who do not drive in an orderly manner in the absence of police officers on duty on the road.
本研究旨在确定和分析电子交通执法(ETLE)对交通违法行为的执法效果,识别和分析电子交通执法(ETLE)对交通违法行为的执法障碍,并找出解决方案。本研究是将法律材料(二手数据)与实地获得的原始数据相结合的实证法学研究。本研究的结果表明,电子交通执法(Electronic Traffic Law Enforcement, ETLE)的实施效果仍然较差,从仍在发生的违法行为数据来看,与实施电子交通执法系统之前相比,电子交通执法的违法行为有所增加。公众在道路上驾驶的合规意识仍然缺乏,而且由于道路上没有警察,他们往往会忽视交通标志。电子交通执法(Electronic Traffic Law Enforcement, ETLE)实施效果不佳的原因是每条道路和每个红绿灯上都没有安装摄像头设备,因此缺乏有效的数据来检测交通违规者,而且在高速公路上仍然有很多违规者,特别是在没有警察值班的情况下,摩托车骑手驾驶不秩序。
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引用次数: 5
The Traffic Impact Analysis on Province Roads as Requirement for Licensing Services Provision in Building Sector 作为建筑业牌照服务需求的省道交通影响分析
Q2 Social Sciences Pub Date : 2021-12-28 DOI: 10.30659/ldj.3.4.719-728
B. Mursito, S. Kusriyah, Jawade Hafidz
The purpose of this research is to study and analyze the impact of traffic on provincial roads as a permit requirement in the building sector by local governments based in Central Java and the solution efforts. The approach method used in this research is sociological juridical. The results of the study indicate that: the implementation of the traffic impact analysis on provincial roads encountered obstacles, among others, before the implementation of the traffic impact analysis, difficulties were the preparation of the required documents for the implementation of the traffic impact analysis, and in the implementation of the traffic impact analysis, including those related to supervision issues, not guided by the authority to analyze traffic impacts based on road status, do not understand the laws and regulations and related provisions, and lack of law enforcement.
本研究的目的是研究和分析中爪哇地方政府在建筑部门的许可要求对省道交通的影响以及解决方案的努力。本研究使用的研究方法是社会学和法学。研究结果表明:省道交通影响分析的实施遇到了障碍,其中,在实施交通影响分析之前,困难在于准备实施交通影响分析所需的文件,以及在实施交通影响分析时,包括那些与监管相关的问题,没有在权威机构的指导下根据道路状况进行交通影响分析;不了解法律法规及相关规定,缺乏执法力度。
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引用次数: 0
The Juridical Formulation of Hate Speech Cyber Crime and Its Law Enforcement Implementation 网络仇恨言论犯罪的法律构成及其执法实施
Q2 Social Sciences Pub Date : 2021-12-21 DOI: 10.30659/ldj.3.4.710-718
Hadi Ismanto, G. Gunarto, Sri Endah Wahyuningsih
The purpose of this paper is to analyze the juridical formulation of Article 28 paragraph (2) and Article 45 paragraph (2) of the ITE Law and the implementation of law enforcement. The method used is normative juridical. The research results obtained that the juridical formulation of Article 28 paragraph (2) in conjunction with Article 45 paragraph (2) of the ITE Law, contains several juridical weaknesses that it does not formulate the qualifications of the offense whether it is "violation" or "crime" law enforcement. The origin of 28 paragraph (2) is proven through a meaningful analysis of the content of the accused's hate speech phrases that actually cause hostility, communal conflicts through the symbolization of religious figures.
本文的目的是分析《信息产权法》第28条第(2)款和第45条第(2)款的法律表述和执法实施。所使用的方法是规范的司法方法。研究结果认为,刑法第28条第(2)款与刑法第45条第(2)款的法律表述存在未明确违法行为是“违法”还是“犯罪”执法的资格等司法缺陷。通过对被告的仇恨言论短语的内容进行有意义的分析,可以证明第28(2)段的起源,这些短语实际上通过宗教人物的象征而引起敌意和社区冲突。
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引用次数: 0
The Role Optimizing of Election Observers in 2019 Elections 选举观察员在2019年选举中的作用优化
Q2 Social Sciences Pub Date : 2021-12-21 DOI: 10.30659/ldj.3.4.700-709
Achwan Achwan, S. Kusriyah, Rakhmat Bowo Suharto
This study aims to analyze the role of monitoring and optimizing the role of election observers. The specification of this research is analytical descriptive with socio-legal approach method. The method of collecting data is by interviewing and analyzing data from laws and regulations, research results, scientific works and relevant books. The results of this study indicate that election monitoring plays an important role in the quality of elections, namely complementing the limitations of Bawaslu in terms of the number of supervisory personnel and the breadth of the scope of its supervision, as a form of public participation, as an election control institution, as part of citizen political education and as a balance between election organizers. . To optimize the role of election observers, this can be done by: registration for accreditation is carried out at the beginning of the stages, election monitoring is carried out at all stages, the need for mastery and understanding of all election regulations, the need for sources of funds other than member fees such as budget assistance from the government or in collaboration with donor agencies that not affiliated with any election contestants or political parties, 
本研究旨在分析监督的角色,并优化选举观察员的角色。本研究的规范是用社会-法律方法进行分析描述的。收集数据的方法是通过对法律法规、研究成果、科学著作和相关书籍中的数据进行访谈和分析。本研究结果表明,选举监督在选举质量方面发挥着重要作用,即作为一种公众参与形式,作为一种选举监督机构,作为公民政治教育的一部分,作为选举组织者之间的平衡,补充了巴瓦斯鲁在监督人员数量和监督范围广度方面的局限性。为了优化选举观察员的作用,可以这样做:在各阶段开始时进行资格登记,在所有阶段进行选举监测,需要掌握和了解所有选举条例,需要会费以外的资金来源,如政府的预算援助或与不隶属于任何选举候选人或政党的捐助机构合作,
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引用次数: 0
The Law Enforcement of Environmental Law against Illegal Mining 反对非法采矿的环境法执法
Q2 Social Sciences Pub Date : 2021-12-21 DOI: 10.30659/ldj.3.4.693-699
Khoirulika Nur Harinda, Amin Purnawan, Aryani Witasari
The purpose of this study is to identify and analyze law enforcement against illegal mining in Indonesia. Based on the results of the study, it can be concluded that illegal mining law enforcement is an unlawful act, regulated by Act No. 4 of 2009 concerning Mineral and Coal Mining, the threat of punishment is regulated from Articles 158 to 165. Administrative law enforcement in illegal mining crimes by the authority law enforcement is carried out in a preventive manner. Supervision in law enforcement of mining administration in a limited manner has been regulated as stipulated in the provisions of Article 39, Article 78 and Article 79 concerning Mining Business Permits (IUP) or Special Mining Business Permits (IUPK). The signs contained in the Mining Business Permit (IUP) or Special Mining Business Permit (IUPK), are obligations that must be carried out by the recipient of the Mining Business Permit (IUP) or Special Mining Business Permit (IUPK), and if a violation is committed, the official who issuing the permit has the right to impose sanctions. Based on this suggestion, it is hoped that there will be coordination and integration between relevant agencies, in particular to carry out socialization activities for legal counseling regarding Act No. 4 of 2009.
本研究的目的是识别和分析印尼对非法采矿的执法。根据研究结果,可以得出结论,非法采矿执法是一种非法行为,由2009年第4号关于矿物和煤炭开采的法案规定,处罚威胁从第158条到第165条进行规定。行政执法在非法采矿犯罪中是由机关以预防性执法的方式进行的。根据《采矿经营许可证》、《采矿经营许可证》、《采矿经营许可证》第三十九条、《采矿经营许可证》、《采矿经营许可证》的规定,对采矿行政执法中的有限监督进行了规定。采矿业务许可证(IUP)或特殊采矿业务许可证(IUPK)中包含的标志是采矿业务许可证(IUP)或特殊采矿业务许可证(IUPK)的接收者必须履行的义务,如果发生违规行为,颁发许可证的官员有权实施制裁。在此建议的基础上,希望相关机构之间进行协调和整合,特别是开展关于2009年第4号法的法律咨询社会化活动。
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引用次数: 1
Work Of Legal Products Traffic In Overcoming Road Conclusion 克服道路上的合法产品流通工作
Q2 Social Sciences Pub Date : 2021-08-18 DOI: 10.30659/ldj.3.3.675-682
F. Fadli, Akhmad Khisni
The purpose of this study is to examine and analyze the concept of the substance of traffic law products in overcoming road congestion. This research uses a normative juridical method with research specifications in the form of descriptive analysis. Based on the discussion, it is concluded that the state's efforts in the form of legislation with the existence of legal products that are correlated with overcoming the problem of congestion on the highway with various concepts of interrelated substances include Act No. 22 of 2009, concerning traffic and transportation. Act No. 23 of 2014 concerning Regional Government in Article 9 paragraph (1) states that there are 3 (three) types of government affairs, namely absolute government affairs, concurrent government affairs, and general government affairs. Government affairs under the authority of the Regions consist of Mandatory Government Affairs and Preferred Government Affairs. Article 10 of Act No. 38 of 2004 concerning Roads states that to regulate road use and smooth traffic, roads are divided into several road classes. Government Regulation Number 32 of 2011 concerning Management and Engineering, Impact Analysis, and Traffic Needs Management, the scope of regulation of PP Management and Engineering, Impact Analysis, and Traffic Needs Management includes traffic management and engineering activities including planning, regulation, engineering, empowerment, and supervision.
本研究的目的是检视和分析交通法规产品在克服道路拥挤中的实质概念。本研究采用规范的法学方法,以描述性分析的形式进行研究规范。根据讨论,得出的结论是,国家以立法形式的努力与存在的法律产品相关,这些产品与克服高速公路上的拥堵问题相关,具有各种相关物质的概念,包括2009年第22号法案,涉及交通和运输。2014年关于地方政府的第23号法第9条第1款规定,政府事务有三种类型,即绝对政府事务、并行政府事务和一般政府事务。大区职权范围内的政务分为义务性政务和偏好性政务。2004年第38号《道路法》第10条规定:“为了规范道路使用和畅通交通,将道路划分为若干等级。”关于管理和工程、影响分析和交通需求管理的2011年第32号政府法规,PP管理和工程、影响分析和交通需求管理的规定范围包括交通管理和工程活动,包括规划、监管、工程、授权和监督。
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引用次数: 0
Law Enforcement At Sea Hinders Sea Toll Program Towards Indonesia As A Global Maritime State 海上执法阻碍了印尼作为全球海洋国家的海上收费计划
Q2 Social Sciences Pub Date : 2021-08-18 DOI: 10.30659/ldj.3.3.657-665
K. G. Sengadji, Amin Purnawan, Aryani Witasari
The purpose of this research is to identify and analyze obstacles to shipping activities and solutions for law enforcement at sea to support shipping activities/sea tolls programs. The specification of this research is descriptive analytical, and the approach to the problem is carried out in a normative juridical manner, to examine national and international laws and regulations in the shipping sector. The data used are secondary data from primary legal materials, secondary legal materials and tertiary legal materials, which are collected through literature study, and analyzed using qualitative analysis methods, and presented described descriptively. The results of the study indicate that the obstacles in shipping activities/sea tolls programs are the many law enforcement agencies at sea which have overlapping authority to stop and inspect ships at sea, so the best solution is to have an integrated security system under one civil institution to be effective and efficien  to support the smooth running of the sea tolls program.
本研究的目的是识别和分析航运活动的障碍和海上执法的解决方案,以支持航运活动/海上收费计划。这项研究的具体内容是描述性分析性的,对这个问题的处理是以规范的司法方式进行的,以审查航运部门的国家和国际法律和条例。所使用的数据是从一级法律资料、二级法律资料和三级法律资料中收集的二手数据,通过文献研究的方法,采用定性分析的方法进行分析,并进行描述性描述。研究结果表明,航运活动/海上收费计划的障碍是海上执法机构众多,在海上拦截和检查船舶的权力重叠,因此最好的解决方案是在一个民间机构下建立一个综合安全系统,以有效和高效地支持海上收费计划的顺利运行。
{"title":"Law Enforcement At Sea Hinders Sea Toll Program Towards Indonesia As A Global Maritime State","authors":"K. G. Sengadji, Amin Purnawan, Aryani Witasari","doi":"10.30659/ldj.3.3.657-665","DOIUrl":"https://doi.org/10.30659/ldj.3.3.657-665","url":null,"abstract":"The purpose of this research is to identify and analyze obstacles to shipping activities and solutions for law enforcement at sea to support shipping activities/sea tolls programs. The specification of this research is descriptive analytical, and the approach to the problem is carried out in a normative juridical manner, to examine national and international laws and regulations in the shipping sector. The data used are secondary data from primary legal materials, secondary legal materials and tertiary legal materials, which are collected through literature study, and analyzed using qualitative analysis methods, and presented described descriptively. The results of the study indicate that the obstacles in shipping activities/sea tolls programs are the many law enforcement agencies at sea which have overlapping authority to stop and inspect ships at sea, so the best solution is to have an integrated security system under one civil institution to be effective and efficien  to support the smooth running of the sea tolls program.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83516425","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}
引用次数: 0
The Effectiveness Of Civil Servant Candidate (PPNS) In Enforcement Of Spatial Planning Laws 公务员候选人(PPNS)在空间规划法律执行中的有效性
Q2 Social Sciences Pub Date : 2021-08-12 DOI: 10.30659/ldj.3.3.538-545
I. Parlina, Siti Rodhiyah Dwi Istinah
This study aims to describe the effectiveness of PPNS in enforcing the Spatial Planning Law. In line with the research objectives, in this study using normative juridical research methods, it is concluded: (1) The issuance of Act No. 11 of 2020 concerning Job Creation, has changed the content of Act No. 26 of 2007 concerning Spatial Planning. The legal basis for implementing spatial planning nationally, needs to be synergized in one Government Regulation. PP 21 of 2021 concerning the Implementation of Spatial Planning, integrates various cross-sectoral, cross-regional, and cross-stakeholder interests which are manifested in the preparation of Spatial Plans. Creating conditions for laws and regulations in the field of Spatial Planning that support the investment climate and ease of doing business. Violation of Act No. 11 of 2020, carried out by Civil Servant Investigators (“PPNS”), which are investigators from civil servants to investigate certain criminal acts. The effectiveness of the application of the law for violations of spatial planning, is highly dependent on the legal instruments of each Ministry or government agency/institution. Strengthening legal instruments (both regulations and institutional investigators for PPNS) needs to be taken seriously, because of the lack of legal application for violators of spatial planning. (2) The implementation of spatial planning is still not in accordance with the existing laws and regulations.
本研究旨在描述PPNS在执行《空间规划法》方面的有效性。根据研究目标,本研究采用规范的法律研究方法,得出以下结论:(1)2020年《创造就业机会法》的颁布改变了2007年《空间规划法》的内容。在全国范围内实施空间规划的法律基础,需要在一个政府法规中协同。关于空间规划实施的2021年PP 21,整合了在空间规划编制中表现出来的各种跨部门、跨区域和跨利益相关者的利益。为空间规划领域的法律法规创造条件,支持投资环境和便利营商。违反2020年第11号法,由公务员调查员(“PPNS”)执行,他们是调查某些犯罪行为的公务员调查员。对违反空间规划的行为适用法律的有效性在很大程度上取决于各部委或政府机构/机构的法律文书。由于缺乏对空间规划违规者的法律适用,需要认真对待加强法律文书(包括PPNS的条例和机构调查员)。(2)空间规划实施仍不符合现行法律法规要求。
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引用次数: 0
Implementation Of Complete Systematic Land Registration Services During The Covid-19 Pandemic 在2019冠状病毒病大流行期间实施全面系统的土地登记服务
Q2 Social Sciences Pub Date : 2021-08-12 DOI: 10.30659/ldj.3.3.637-647
Fitri Adhi Nugroho, Umar Ma’ruf
The purpose of this study is as follows: To find out the problems faced in PTSL services during the Covid-19 Pandemic at the Pekalongan City Land Office, to find out and analyze the implementation of PTSL services during the Covid-19 Pandemic at the Pekalongan City Land Office. This study uses a sociological juridical approach. Based on the results of the study, it can be concluded: (1) Existing Problems in PTSL Services During the Covid-19 Pandemic Period at the Land Office of Pekalongan City, including: (a) The factor of social distancing so it is not allowed to carry out measurements as before the pandemic, thus progress of implementation becomes hampered, while there is still a PTSL completion target that must be met, (b) The budget factor of the ministry of ATR/BPN is saved for the needs of handling the pandemic, so that the target is reduced / unit costs are lowered / there is even work in the implementation of PTSL that cannot be paid, (c ) The time period for the announcement of physical data and juridical data differs between the Government Regulation and the Ministerial Regulation concerning PTSL, (d) The factor of law enforcement facilities,the presence of an invalid resident e-KTP has been brought to the sub-district office but is still not recorded in the KKP application so that the efforts made are to coordinate with the Population and Civil Registry Office of Pekalongan City, (e) The factor of low public interest in participating in the implementation of PTSL activities from from the beginning until the issuance of certificates in 2020 there were 504 certificates printed, 504 certificate signatures, and G. Scan BT PTSL 2020, (2) Implementation of PTSL Services During the Covid-19 Pandemic Period at the Land Office of Pekalongan City, the results namely Print Certificate: 504 fields, Certificate Signature: 504 fields, and G. Scan BT PTSL 2020: 504 fields.
本研究的目的如下:找出在新冠疫情期间,北卡隆岸市地政局的PTSL服务所面临的问题,找出并分析在新冠疫情期间,北卡隆岸市地政局的PTSL服务实施情况。本研究采用了社会学和法学的方法。根据研究结果,可以得出以下结论:(1)北加隆岸市地政局在新冠疫情期间PTSL服务存在的问题,包括:(a)社会距离的因素,所以是不允许大流行之前进行测量,从而实现成为阻碍进步,虽然仍有PTSL完成目标,必须满足,(b)的预算因素的ATR / BPN是保存的需要处理大流行,所以目标是减少/单位成本降低/甚至有工作的实现PTSL不能支付,(c)政府条例和部级条例在公布实际数据和司法数据的时间上不同,(d)执法设施的因素,一个无效的居民e-KTP已被带到分区办事处,但仍未记录在KKP申请中,因此所作的努力是与北加隆岸市人口和民事登记办公室协调,(e)公众参与实施PTSL活动的兴趣较低的因素,从开始到2020年颁发证书,共有504份证书打印,504份证书签名,G.扫描BT PTSL 2020,(2)在新冠疫情期间,在佩加隆班市土地办公室实施PTSL服务,结果为打印证书:504个字段,证书签名:504个字段,G.扫描BT PTSL 2020: 504个字段。
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引用次数: 1
Police Discretion Policy In Handling Middle/Minor Crimes (Tipiring) Based On Justice Value 基于司法价值的警察处理中小犯罪的自由裁量权政策
Q2 Social Sciences Pub Date : 2021-08-12 DOI: 10.30659/ldj.3.3.579-586
Saptanti Lastari, S. Kusriyah
The purpose of this study is to analyze the police discretionary policy in handling minor crimes (Tipiring) not based on the value of justice, analyze the constraints of the police discretionary policy in handling minor crimes (Tipiring) at this time and analyze the police discretionary policy in handling criminal acts (Tipiring) in the future. This study uses a sociological juridical approach, with analytical descriptive research methods. The data used are primary and secondary data which will be analyzed qualitatively. The research problem was analyzed using the theory of justice and the theory of the operation of law. The results of the study conclude that discretion is a police action that must be accounted for based on applicable laws and norms, police discretion is very vulnerable to irregularities and abuse so it needs to be given limits and supervision, so it can be said that it is not fair. Constraints on police discretionary policy in handling minor crimes consist of internal constraints and external constraints on the part of the police. The ideal policy of the Police's discretion in handling minor crimes (Tipiring) is: a) Not against a rule of law. b) In line with legal obligations that require an official action to be taken. c) The action must be appropriate and reasonable and included in the environment of his office, on appropriate considerations based on compelling circumstances, respecting human rights
本研究的目的是分析警察在处理未成年人犯罪(Tipiring)时的自由裁量政策,分析当前警察在处理未成年人犯罪(Tipiring)时的自由裁量政策的制约因素,并分析未来警察在处理犯罪行为(Tipiring)时的自由裁量政策。本研究采用社会学、法学的研究方法,辅以分析性、描述性的研究方法。所使用的数据是主要和次要数据,将进行定性分析。运用正义理论和法律运行理论对研究问题进行了分析。研究结果表明,自由裁量权是一种警察行为,必须根据适用的法律和规范进行解释,警察自由裁量权非常容易出现违规和滥用现象,因此需要对其进行限制和监督,因此可以说是不公平的。对警察处理未成年人犯罪自由裁量权政策的制约包括警察自身的内部制约和外部制约。警方酌情处理轻微罪行的理想政策是:a)不违反法治。b)符合需要采取官方行动的法律义务。c)行动必须是适当和合理的,并包括在其办公室的环境中,基于强制性情况的适当考虑,尊重人权
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引用次数: 0
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Law Environment and Development Journal
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