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Journal : Unes Law Review

TINJAUAN TERHADAP INDEPENDENSI KOMISI POLISI NASIONAL DALAM PERSPEKTIF LEMBAGA NEGARA INDEPENDEN Nasrullah Nasrullah
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.677

Abstract

The National Police Commission (Kompolnas) is one of the state institutions whose functions and authorities are quite strategic in assisting the president in formulating the vision of the national police. Apart from being an institution that is expected to become an external "monitoring organ" of the Indonesian National Police (POLRI). However, many parties consider that the Kompolnas Institution has not shown real performance, which is due to its independence both institutionally and in authority. This article attempts to analyze the independence aspect of Kompolnas based on indicators of the concept of independent state institutions. The research was carried out using a normative and contextual approach to secondary data in the form of laws and related literature. The results of the analysis show that in the concept of independent state institutions, aspects of independence can be divided into formal and de facto indicators. Based on this indicator, Kompolnas still cannot be said to be an independent state institution which is actually due to the lack of an element of independence in institutional regulations and authority.
PERANAN JAKSA PENUNTUT UMUM PADA LINGKUP KEJAKSAAN TINGGI PAPUA DALAM PELAKSANAAN DIVERSI PADA PELAKU TINDAK PIDANA ANAK Nasrullah Nasrullah
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.763

Abstract

Child development cannot be separated from the development of community life in the environment where the child is. National development is a process of modernization of globalization which is difficult to avoid in terms of communication, information, and technology, bringing positive and negative consequences. The positive aspects include adding insight and abilities to children in particular. Meanwhile, from the negative side, there are many child cases that occur as a result of the influence of technology, so that many children become victims of crimes, both from rape and obscenity. under the juvenile justice system. Prosecution of juvenile crimes is in conflict with the law because the application of criminal sanctions to juvenile cases in the juvenile justice system is different from the application of sanctions to the adult criminal justice system. Underlying this, this study aims to find out how effective the role of the Public Prosecutor is in implementing diversion against juvenile offenders at the Papua High Court and what factors affect the effectiveness of the role of the Public Prosecutor in implementing diversion against juvenile offenders at the Papua High Court. This type of research is empirical legal research, using primary data and secondary data. The problem approach in this study is the statutory approach (statute approach) by comparing its implementation when a health emergency occurs in Makassar City. The results of this study indicate that the implementation of the criminal act of health quarantine in the Covid-19 health emergency in Makassar City has not proceeded in accordance with the law. This is influenced by law enforcement factors, facilities and infrastructure, and community cultural factors.