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KEDUDUKAN HUKUM APARATUR SIPIL NEGARA DILINGKUNGAN KEPOLISIAN NEGARA REPUBLIK INDONESIA I Ketut Windia
Kerta Dyatmika Vol 17 No 1 (2020): Kerta Dyatmika
Publisher : Fakultas Hukum Universitas Dwijendra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (86.9 KB) | DOI: 10.46650/kd.17.1.815.21-30

Abstract

Informants as connecting the tongue intel or the intelligence is very helpful in the process of seeking information in-depth (indepth information). The informant of the scope is broad, the above information indicates that the informant is not only in the governmental environment but also in another. It is very necessary for every entity that needs information, have informants done to be able to as information correction, know the enemy's power and activities that it does or as a shield for an entity to be free from threats facing him. The formulation of the issues raised in this research is how Regulations governing the legal protection of informants who assist the police in the investigation process and what are the legal safeguards against the informants who assist the police in the investigation process. This type of research is a normatof legal research moving from an informant required mobile in his job and is required to always standby in looking for news such as journalists only. Therefore, in the rules of intelligence the informant must be able to enter into, disguise as part of it. The risk is heavy. Dead or tortured by the parties investigated. This study uses an approach that examines the applicable legislation, legal theory, and can be the opinion of scholars related to the problems in this scientific paper is Legal Protection Against Informants Who Helped Police In Investigation. The conclusion of this research is the Regulation that regulate the legal protection of informants who assist the police in the investigation process is Law Number 13 Year 2006 concerning Protection of Witness and Victim namely Article 1 point 6 of the Law of Witness and Victim Protection is any effort to determine the right The right to provide assistance to provide a sense of security to witnesses and victims as well as informants that must be carried out by LPSK (Witness and Victim Protection Agency) or other institutions in accordance with the provisions of this law.Upaya legal protection of informants who assist the police in the process of investigation is now Has been issued Law no. Law No. 13 of 2006 concerning the protection of witnesses and victims, in the Law the forms of legal protection that can be given to witnesses or informants, among others by granting the right to the reporters provided for in Article 5 paragraph Keywords: Legal Protection, Informant, Police, Investigation
TINJAUAN YURIDIS TENTANG PENGHINAAN LAMBANG NEGARA OLEH WARGA NEGARA INDONESIA I Ketut Windia
Kerta Dyatmika Vol 16 No 1 (2019): Kerta Dyatmika
Publisher : Fakultas Hukum Universitas Dwijendra

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

ABSTRAK State symbols and symbols of the state are two terms that have the same meaning, there is no difference. The symbol of the state is one of the symbols of state sovereignty and honor, as well as the symbol of the identity of the existence of existence of nation and state. Any person who strikes, writes, draws, or damages the State Coat with the intention of tarnishing, humiliating or demeaning the honor of the State Coat shall be subject to a maximum imprisonment of five years or a fine of not more than Rp 500 million. The formulation of the problem in this research is how is the law of humiliation of the state symbol by Indonesian citizen and how is the mechanism of determination against defamation of state symbol by Indonesian citizen. This type of research is a normative legal research moving from the state symbol of Pancasila is something sacred, in the Law of the Republic of Indonesia Number 24 Year 2009 About Flag, Language, and State Symbol, And National Anthem. The flag, language, and symbol of the country, as well as the Indonesian national anthem are symbols of state sovereignty and honor, as well as symbols of the identity of existence of nation and state. This study uses an approach that examines the applicable legislation, legal theory, and can be the opinion of scholars related to the problems in this scientific paper is the result of the insult law of the state symbol by Indonesian citizens. The conclusion of this research is the effect of the insult law of the state symbol by the citizens of Indonesia is Article 154a of the Criminal Code (KUHP) "Whoever tarnished the flag of the Republic of Indonesia and the symbol of the Republic of Indonesia shall be punished with imprisonment of a maximum of four years or a criminal a fine of at most forty-five thousand rupiah. "Article 68 of Law Number 24 Year 2009 Concerning Flags, Languages ​​and State Symbols, as well as National Anthems Anyone who strikes, writes, draws or damages the State Coat for the purpose of tarnishing, , or undermine the honor of the State Symbol as referred to in Article 57 letter a, shall be liable to a maximum imprisonment of 5 (five) years or a maximum fine of Rp 500,000,000.00 (five hundred million rupiah). The mechanism of determination against defamation of the state symbol by Indonesian citizens is in the handling of defamation cases against the symbol of the state must prove mensrea (evil intent) of the perpetrator. This malicious intent is manifested by the intent or intent of the offender while committing an alleged offense against the state emblem. Investigators must be able to prove the existence of evil will (mensrea). This evil will be shown when a person commits an act of contempt for the State embleKeywords: Humiliation, Symbol of the Country, Indonesian Citizen