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Criminal Liability of Members of the Police of the Republic of Indonesia as Perpetrators of Criminal Acts in the Bali Police Sulaksana, I Gusti Bagus; Wiratny, Ni Ketut; Suandika, I Nyoman
Asian Journal of Social and Humanities Vol. 3 No. 11 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i11.601

Abstract

Police officers as law enforcers have a central role in law enforcement. Problems arise when police officers actually break the law or commit crimes. The crimes committed not only violate criminal law, but also violate the ethics and code of the police profession. Based on this description, the problem can be formulated as follows: How is the responsibility of police officers who commit crimes in the Bali Regional Police (Polda) and What are the obstacles to imposing sanctions for police officers who commit crimes in the Bali Regional Police (Polda). The responsibility of police officers who commit crimes includes accountability for the code of ethics and criminal accountability through general justice and its resolution internally within the institution, namely through a disciplinary hearing by the Indonesian National Police Code of Ethics Commission (KKEP). Obstacles to the application of sanctions for police officers who commit crimes in the Bali Regional Police are in the form of internal problems within the Polri structure, such as limited facilities and infrastructure, information networks, number of personnel, and budget support. In addition, there are also external obstacles that come from the community, such as lack of evidence and witnesses, community apathy, and lack of supporting facilities
Fulfillment of Detainees' Rights at the Detention Center Based on National Police Chief Regulation No. 4/2015 on Detainee Care at Polda Bali Mulyacandra, I Komang; Wiratny, Ni Ketut; Suandika, I Nyoman
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 4 No. 1 (2025): Edunity: Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v4i1.363

Abstract

Regulation of the Chief of Police of the Republic of Indonesia Number 4 of 2015 concerning the treatment of detainees is the basis for the implementation of the duties of police officers of the Bali Police Detention and Evidence Directorate. This study aims to identify and analyze the fulfillment of detainees' rights at the Bali Police Detention Center, as well as to find out the factors that become obstacles in the implementation of the protection of these rights. This type of research uses a normative legal approach supported by empirical with data collection techniques through literature studies, interviews, and observations. The analysis is carried out descriptively and prescriptively to provide a clear picture of the conditions for the fulfillment of detainees' rights. The results showed that the implementation of the fulfillment of detainees' rights in accordance with National Police Chief Regulation Number 4 of 2015 still faces various obstacles. Bali Police detention centers can only implement the provisions stipulated in Article 10, while the provisions in Article 7 governing the placement of detainees are still not optimally implemented. The main obstacle in the implementation of the fulfillment of detainees' rights is caused by the large number of detainees held and limited facilities. Improvement efforts that have been made include the application for the construction of a new building and the loan of special placement cell space. In conclusion, to improve the fulfillment of detainees' rights at the Bali Police Detention Center, there needs to be more attention from the police and adequate policy support, so that all provisions in the National Police Chief Regulation can be implemented optimally and the rights of detainees can be fulfilled properly.
Traffic Unit Efforts In Handling Traffic Accidents Through Restorative Justice In The Jurisdiction of The Buleleng Resort Police Dewi Saraningsih, Made; Sihotang, Erikson; Suandika, I Nyoman
Return : Study of Management, Economic and Bussines Vol. 3 No. 8 (2024): Return : Study of Management, Economic And Bussines
Publisher : PT. Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/return.v3i8.269

Abstract

The traffic unit's efforts to handle traffic accidents through restorative justice in the Buleleng Police jurisdiction include bringing the two parties involved together through mediation. This mediation process functions as a means to overcome the problems faced and find solutions. The police play a facilitative role by arranging meetings and presenting the best options to reach a fair resolution through restorative justice. Obstacles encountered in implementing relief for perpetrators of traffic violations through restorative justice efforts are: The perpetrator or victim of a traffic violation in the opposite direction cannot be present when the police handle the case, and there are no witnesses at the time of the traffic accident, this happened because of an accident. This traffic takes place in a quiet area and there is rarely any activity carried out by the community and there are no residential areas.
The Authority of The Integrated Assessment Team For Legal Certainty Regarding Rehabilitation For Suspected Drug Abusers Bratadewa Yuda Pratama, Muchamad; Sihotang, Erikson; Suandika, I Nyoman
Return : Study of Management, Economic and Bussines Vol. 3 No. 9 (2024): Return : Study of Management, Economic And Bussines
Publisher : PT. Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/return.v3i9.279

Abstract

This study aims to analyze the authority of the Integrated Assessment Team (TAT) in determining rehabilitation for narcotics abuse victims and to identify obstacles in implementing rehabilitation recommendations, especially for those undergoing legal proceedings. The research uses a normative legal method, supported by empirical data, relying on primary legal materials such as laws and regulations, and secondary materials like literature related to the authority of TAT. The findings show that the TAT holds a crucial role in recommending medical and social rehabilitation for narcotics abusers. However, several obstacles hinder the effective implementation of TAT's recommendations, including poor coordination among law enforcement agencies and the limited resources available to support the rehabilitation process. Additionally, the social stigma surrounding narcotics abuse further complicates the rehabilitation process. The discussion emphasizes the need for stronger inter-agency coordination and increased support for rehabilitation programs to ensure better outcomes for narcotics abuse victims. The study concludes that despite the TAT’s authority being clearly regulated, several implementation challenges remain, which require urgent attention to improve the effectiveness of rehabilitation for narcotics abusers within the legal system.
Analisis hukum terhadap hak angket Dewan Perwakilan Rakyat (DPR) dalam mengawasi kebijakan pemerintah Widodo, Widi; Suandika, I Nyoman; Suryana, Kadek Dedy
Cessie : Jurnal Ilmiah Hukum Vol. 3 No. 2 (2024): Cessie: Jurnal Ilmiah Hukum
Publisher : ARKA INSTITUTE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/cessie.v3i2.1275

Abstract

Praktik hak angket sering mengalami kendala, sehingga banyak yang menilai belum ada tujuan dan skema pelaksanan yang jelas. Hak angket seharusnya dapat mendukung fungsi legislasi, anggaran, dan pengawasan DPR, namun seringkali hak angket lebih sering digunakan untuk kepentingan politik. Tujuan penelitian ini adalah untuk mendeskripsikan, memahami, dan menganalisis pengaturan hak angket DPR dalam pengawasan kebijakan pemerintah, serta mekanisme pengajuan dan penerapan hak angket. Metode penelitian ini menggunakan studi hukum normatif yang mengkaji aturan hukum formal, termasuk undang-undang dan literatur teori yang relevan. Teknik analisis yang digunakan adalah deskriptif analitis dan analisis argumentasi hukum. Hasil penelitian menunjukkan bahwa pengajuan hak angket diperlukan minimal 25 anggota parlemen lebih dari satu fraksi, diikuti dengan penyampaian permohonan rinci dan pertimbangan di sidang paripurna sesuai Pasal 177 UU Nomor 27 Tahun 2009. Hak angket DPR diatur dalam Pasal 20A ayat (2) UUD 1945 dan diperkuat dalam Pasal 79 ayat (3) UU Nomor 42 Tahun 2014. Hak ini memungkinkan DPR untuk menyelidiki pelaksanaan undang-undang atau kebijakan pemerintah yang dianggap bertentangan dengan peraturan. Dapat disimpulkan bahwa prinsip check and balance harus tetap dijunjung agar tidak melemahkan fungsi independensi lembaga.
Implementation of the Duties of the Satlantas Regident Unit in Identifying Motorized Vehicles and Drivers at the Buleleng Resort Police Jody Arya Sejati, Kadek; Sihotang, Erikson; Suandika, I Nyoman
Enrichment: Journal of Multidisciplinary Research and Development Vol. 2 No. 5 (2024): Enrichment: Journal of Multidisciplinary Research and Development
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/enrichment.v2i5.143

Abstract

The role of the registration and identification unit in serving documents as evidence of law enforcement at Buleleng District Police. There are still obstacles in presenting documents as evidence of law enforcement at Buleleng Police Station, namely the non-registration of motorized vehicles in the Resident Unit database, the length of time for servicing STNK/proof of ownership of motorized vehicles, lack of public awareness about changing the name of motorized vehicles, and there is a culture of people using brokers in the process of processing motor vehicle documents. The purpose of this study was to determine and analyze the implementation of the task of the regd satlantas unit in the identification of motorized vehicles and drivers at buleleng police station. The method in this research uses normative juridical supported by empirical research. The results showed that the role of the registration and identification unit in serving documents as evidence of law enforcement at Buleleng Police Station was in the form of a. Preventive: providing motor vehicle documents in the form of STNK and BPKB services requested by the public. B. Repressive: issuing information letters requested by Bareskrim regarding criminal acts related to motorized vehicles (as evidence). This research has implications for increasing the effectiveness and efficiency of the registration and identification unit at Buleleng Police Station in serving documents as evidence for law enforcement.
Juridical Review of Advocates In Providing Free Legal Aid to Perpetrators of Narcotics Abuse Crimes Leonardo Sibarani, Baginda Victor; Sihotang, Erikson; Suandika, I Nyoman
Enrichment: Journal of Multidisciplinary Research and Development Vol. 2 No. 6 (2024): Enrichment: Journal of Multidisciplinary Research and Development
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/enrichment.v2i6.149

Abstract

The authority of advocates in providing legal assistance to perpetrators of narcotics abuse crimes, as stipulated in Article 55 paragraph (1) of the Advocate Law, gives status to advocates as law enforcers who have an equal position with other law enforcers in upholding law and justice. Legal aid provided by advocates for free is a right owned by a person who has the status of a defendant to the perpetrator of narcotics crimes. The obstacles and solutions faced by advocates in providing legal aid to perpetrators of narcotics abuse crimes, namely the lack of legal knowledge and awareness in the community itself about the Legal Aid Process that they only know from the information of the public in general is one of the obstacles in the process of providing Legal Aid
The Legal Power of the Constitutional Court Decisions Remains Suandika, I Nyoman; Usfunan, Yohanes; Palguna, I Dewa Gede; Adiyaryani, Ni Nengah
Journal of Social Research Vol. 2 No. 12 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i12.1606

Abstract

Issues relating to granting permanent legal force to decisions of the constitutional court immediately after they are pronounced in a plenary session open to the public are important to research for several reasons Firstly, it is very important for us to know the rationale for granting permanent legal force to decisions of the constitutional court given immediately after completion. pronounced in a public meeting open to the public. Second, understanding the permanent legal force of constitutional court decisions is also related to the question of why it is not possible to have legal efforts to correct constitutional court decisions if errors occur in terms of achieving legal certainty. Based on this, the question also arises as to whether the constitutional court's decision regarding this error will continue or not. Third, it is related to whether the legislator (positive legislator) can override the decision of the constitutional court. What is the rationale underlying the granting of permanent legal force to a Constitutional Court decision from the moment it is pronounced in a session open to the public? This research is normative legal research because there is a legal vacuum if the constitutional court's decision is contrary to the spirit of the 1945 Constitution. The importance of immediacy in granting permanent character to the constitutional court's decision, if viewed from the law in book aspect, is indeed the best choice. This is based on the following reasons. First, the Constitutional Court was formed to protect the purity of the Constitution with a more detailed interpretation. This interpretation will be used as a basis for resolving problems by certain authorities who are given direct authority by the Constitution. Therefore, it is appropriate that the interpretation is only carried out once, which is binding so that the decision must be placed at the first and final level where no effort can be made to cancel it. Second, apart from that, it must also be understood that the constitutional court as a constitutional court can resolve problems and provide legal certainty quickly by the principles of fast and simple justice.
Settlement Of Crimes Of Persecution Through Restorative Justice In The Jurisdiction Of The Bali Regional Police Mahardiana, I Gede Yoga; Sihotang, Erikson; Suandika, I Nyoman
Journal of Social Research Vol. 3 No. 9 (2024): Journal of Social Research
Publisher : International Journal Labs

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

Abstract

The Indonesian state is a state of law, based on Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. This means that within the Unitary State of the Republic of Indonesia, the law must be upheld and become a means of carrying out activities in all aspects of national and state life. Laws that uphold human rights and guarantee equal status before the law are required to respond to all problems and conflicting interests of society. The problem formulation is how to resolve criminal acts of abuse through restorative justice in the Bali regional police? And what are the obstacles in resolving criminal acts of abuse through restorative justice in the Bali regional police? The research method in this case is empirical research, descriptive research, the data source is primary data; secondary data; and tertiary data, data collection techniques namely observation; interview; and documentation, and data processing and data analysis techniques, namely descriptive qualitative. Resolving criminal acts of abuse through Restorative Justice in the jurisdiction of the Bali Regional Police is carried out by integrating three forms of law enforcement, namely preemptive, preventive and repressive. However, the obstacles to this resolution are the lack of eyewitnesses, lack of human resources for law enforcement, and the trauma suffered by victims which is difficult to remove, so psychological support and long-term therapy are really needed to help victims recover emotionally and mentally.
Handling of Corruption Crimes at the Tanggahan Peken Village Credit Institution, Susut District, Bangli Regency Handled by the Bali Police Komang, Ananta Putra; RS, Nurianto; Suandika, I Nyoman
Journal of Social Research Vol. 3 No. 9 (2024): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i9.2244

Abstract

Lembaga Perkreditan Desa (LPD) is a vital financial institution for traditional villages in Bali, whose role is to save funds, provide credit, and support village development. However, some LPDs, such as Tanggahan Peken LPD in Bangli Regency, have experienced legal problems related to alleged corruption crimes committed by their administrators. The purpose of this study is to determine and analyze the handling of criminal acts at the Tanggahan Peken Village Credit Institution, Susut District, Bangli Regency handled by the Bali Police. The natural method of this research uses empirical legal research. The results showed that the occurrence of criminal acts of corruption committed by the Tanggahan Peken LPD management was caused by internal factors from the individual aspect of the LPD management to gain profit, enrich themselves and perpetuate their positions and external factors from the organizational aspect, namely the lack of regular guidance, supervision and audits carried out by LPD internal supervisors and LPLPD as technical supervisors and audits. The handling of corruption crimes by the Bali Police at the Tanggahan Peken Village Credit Institution (LPD) uses Standard Operating Procedures (SOP) from the process of receiving public complaints, investigating and investigating. Creating effective investigation and investigation plans. Investigators also conduct independent audits and examinations by involving experts in the field of accounting and auditing, experts in the field of economics and experts in criminal law.