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Juridical Analysis Of Suspect Determination Procedures Police Investigators Against Criminal Offenders (Research Study In Barelang Police) Oyong Wahyudi; Fadlan Fadlan; Dahlan Dahlan; Erniyanti Erniyanti; Soeryo Respatino
International Journal of Education, Language, Literature, Arts, Culture, and Social Humanities Vol. 1 No. 4 (2023): November : International Journal of Education, Language, Literature, Arts, Cult
Publisher : FKIP, Universitas Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59024/ijellacush.v1i4.418

Abstract

The determination of a suspect must be in accordance with applicable legal provisions based on 2 (two) valid pieces of evidence, namely witness statements obtained by the investigator, expert statements obtained by the investigator, letters, and instructions for each piece of evidence obtained by the investigator through an in-depth examination. The investigator's coercive actions must be carried out responsibly according to the law and legal provisions so that arbitrary actions do not occur against the suspect's freedom, independence, and human rights. The problem in this research is the law, implementation, and what factors become obstacles and obstacles in the process of determining suspects for perpetrators of criminal acts. This research uses a descriptive analysis method using a normative approach (legal research) and is supported by empirical research. This was carried out to obtain primary data obtained through interviews through field research. The results of this study explain that the Criminal Procedure Code (KUHAP) has clearly and firmly regulated matters relating to the rights of suspects. The rights of suspects regulated in the Criminal Procedure Code are Priority Rights for Case Settlement, this has been emphasized in Article 50 of the Criminal Procedure Code (KUHAP) which reads: a) A suspect has the right to immediately be examined by investigators, then can be submitted to the Public Prosecutor. b) The suspect has the right to immediately bring his case to court by the public prosecutor. c) The accused has the right to be tried immediately by the Court., The right to prepare a defense, the right to get an interpreter, and the right to choose their own legal adviser The purpose of this right is to get legal counsel in accordance with the provisions of Article 54 of the Criminal Procedure Code for suspects. For this reason, it is expected that in determining the suspect to have qualified investigators they pay attention to the following matters: Have general knowledge, Knowledge is quite broad, where Investigating Officers are required to have knowledge that is quite extensive, Confident in themselves. Investigating Officers must have high self-confidence, have character, be professional, understand psychology practically, be brave, honest, talented actor, wise, alert, and experienced. Courage, honesty, wisdom, and vigilance are needed in the examination process by an investigating officer. Experience Investigating officers must be experienced in order to master psychology/psychology and be able to act in acting is also very important to have.
Legal Analysis Of The Effectiveness Of Disciplinary Punishment Enforcement In Improving The Discipline Of State Civil Apparatus: Research Study Of The Port Master And Special Port Authority Office (KSOP) Batam Ngatemi Ngatemi; Erniyanti Erniyanti; M. Soerya Respationo; Dahlan Dahlan; Parameshwara Parameshwara
International Journal of Law and Society Vol. 1 No. 4 (2024): October : International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i4.145

Abstract

Enforcement of discipline among the State Civil Apparatus (ASN) is an important component in maintaining professionalism and efficiency of public services. This study aims to analyze the effectiveness of disciplinary punishment enforcement in improving ASN discipline at the Batam Municipal and Special Port Authority (KSOP) Office. The background of this research includes various challenges in enforcing ASN discipline, such as long and bureaucratic procedures, low awareness of discipline, and political intervention. The research method used is normative juridical using secondary data through library research, and also an empirical juridical approach with primary data through field research. Primary data collection was carried out through in-depth interviews, observations, and document analysis. The research respondents consisted of Batam KSOP employees, related officials, and other parties related to discipline enforcement in the environment. The results of the study show that the effectiveness of disciplinary enforcement in KSOP Batam is still not optimal. Convoluted enforcement procedures, lack of employee understanding of the importance of discipline, and political intervention were the main obstacles found. In addition, limited human resources and facilities also hinder the effective discipline enforcement process. This study also found that efforts to simplify procedures, increase socialization and education, and strengthen transparent supervision can increase the effectiveness of disciplinary punishment enforcement. Suggestions include the need for bureaucratic reform to simplify discipline enforcement procedures, the implementation of training and education programs on an ongoing basis, and the establishment of an independent internal oversight unit. Additionally, it is important for governments to ensure that discipline law enforcement is free from political interference and supported by adequate resources. With these steps, it is hoped that the discipline of ASN at KSOP Batam can be improved, which will ultimately contribute to improving the quality of public services and the reputation of government agencies.
Juridical Analysis Of The Authority Of The Marine And Coast Guard Base In Carrying Out Its Duties: Research Study at Tanjung Uban Class II PLP Base Orie Andriyanto; M. Soerya Respationo; Erniyanti Erniyanti; Ramlan Ramlan; Dahlan Dahlan
International Journal of Law and Society Vol. 1 No. 4 (2024): October : International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i4.148

Abstract

The Sea and Coast Guard Base (PLP) plays a vital role in maintaining maritime security and safety in Indonesia, especially in strategic waters such as the Riau Islands. However, the implementation of the PLP's authority in carrying out its duties at the Tanjung Uban Class II PLP Base has not run optimally. This study aims to analyze the authority of the PLP from a juridical and sociological perspective, as well as identify the obstacles faced and provide recommendations to overcome them. The research methods used are normative juridical and empirical sociology. The normative juridical method is used to analyze various laws and regulations that are the legal basis for the authority of the PLP, such as Law Number 17 of 2008 concerning Shipping, Regulation of the Minister of Transportation of the Republic of Indonesia Number PM 119 of 2021 concerning the Organization and Work Procedures of Marine and Coast Guard Bases, Decree of the Director General of Hubla Number 13/VIII/DV-05 of 2005 concerning the Working Area of Marine and Coast Guard Bases and the Decree of the Director General of Sea Transportation Number KP.867/DJPL/2020 concerning the Patrol of the Marine and Coast Guard Unit of the Directorate General of Sea Transportation. Empirical sociological methods are used to collect data through interviews and direct observations in the field to understand the implementation of PLP authority and the obstacles faced. The results of the study show that limited human resources and equipment, lack of coordination between agencies, inadequate infrastructure, and complex bureaucracy are the main obstacles in the implementation of PLP authority in the Tanjung Uban Class II PLP Base. In addition, the low legal awareness among the maritime community is also a significant challenge. Based on these findings, this study provides several suggestions, including increasing recruitment and training of personnel, procurement and maintenance of patrol boats and supporting equipment, the formation of an inter-agency coordination team, the construction of adequate port facilities, and socialization and education to increase public legal awareness. This research is expected to contribute to strengthening policies and strategies for the implementation of PLP authority, so as to be able to increase effectiveness and efficiency in maintaining maritime security and safety in Indonesian waters.