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All Journal Ius Positum: Journal of Journal Of Law Theory And Law Enforcement Srawung: Journal of Social Sciences and Humanities
Dr. Yahman Yahman
Universitas Bhayangkara Surabaya
Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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UNDERSTANDING LAW ENFORCEMENT IN THE PERSPECTIVE OF EXPEDIENCY AND JUSTICE Dr. Yahman Yahman
Ius Positum (Journal Of Law Theory And Law Enforcement) Vol. 3 Issue. 1 (2024)
Publisher : jfpublshier

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943.jlte.v3i1.468

Abstract

The fundamental concept of law enforcement is to maintain order by maintaining the values of society with the norms outlined in the rule of law. This research aims to identify the rules and norms of law enforcement in Indonesia. This is normative juridical research combined with statutory and conceptual approaches. Based on the research results, it is concluded that from the subject perspective, law enforcement is defined as a particular law enforcement institution’s attempt to assure and ascertain that legal rules are implemented properly. Meanwhile, in terms of its object, law enforcement concerns the enforcement of formal written regulations. Furthermore, in implementing their tasks and authorities, legal authorities not only use certainty, but also equity and utility. In the perspective of the expediency approach, law enforcement officials use progressive positivism instruments, such as restorative justice as a method of legal resolution.
CRIMINAL LAW ENFORCEMENT THROUGH THE PERSPECTIVE OF COMMUNITY JUSTICE: THEORETICAL ANALYSIS AND PRACTICAL IMPLEMENTATION Dr. Yahman Yahman
Srawung (Journal Of Social Sciences And Humanities) Vol. 3 Issue. 1 (2024)
Publisher : jfpublshier

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jssh.v3i1.469

Abstract

The enforcement of law in Indonesia has become less equitable these days. Law enforcement tends to ignore justice, whereas justice should be a basic and legal reality. The judiciary as the main institution in law enforcement will lose its function when the law is perceived as an institution that can be manipulated, commercialized, and some legal experts have referred to it as the territory of the jurisdictional mafia. The jurisdictional mafia protects itself by referring to legal supremacy. However, in order to achieve the rule of law, justice and utility are compromised. This research aims to identfy the theoretical analysis and practical implementation of criminal law enforcement through the perspective of community justice. This research used normative methods, with a conceptual and statutory approach. The result indicated that there is a crisis in the implementation of justice, especially in the implementation of law enforcement, due to the existence of an invalid paradigm among those who enforce the law. In addition, the law enforcement officials, especially judges, tend only implement the law in a literal manner. Furthermore, law enforcement apparatus has not completely comprehended that the main purpose of equitable law enforcement is to create law to realize human welfare and harmony.
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