KEBERADAAN HUKUM NASIONAL DALAM PENYELESAIAN TINDAK PIDANA ADAT DI KABUPATEN TOLIKARA (Study Deskriptif Kualitatif di KabupatenTolikara)

The purposesof this study are to reveal I) the roles of legalapparatusesin integrating the values of customaryand nationallaws in concretecases in Tolikara Regency and 2) restrainingfactors affectingthe implementationof nationallaw in settling the criminal acts in TolikaraRegency. . The study used a qualitativeapproach.Datawere collected by using interview technique, field observationanddocumentarystudy. Result of the study indicatesthat 1) the implementationof positive law in homicid81 crime in.TolikaraRegencyhas been done well in accordancewith the proceduresapplied in court system through the steps as follows: police investigation,court sessions and' sanction imposition.The reluctanceof society to settle the legalcases through court occurred due to the fact that they felt disappointedto the prior legalprocess.Court practiceswere more harmful for the victims,particularlyfrom the pennilesscommunity.In the implementationof positive law,abusesand fraudsto lowersocialclass occurred,particularlyin the court.The pennilessare alwaysto be victimsthan the have.2)The implementationof customarylaw has been by referring to Law No. 2112001on SpecialAutonomyfor Papua Province. In the law, two courtsystemsare mandatedin a certaincustomarycommunity,i.e. a j1dicialpowerand a customary court.The cilstomarylaw in ToIiJr.araRegencyis consideredas beneficialfor the victim or.the plaintiffthan criminal or civii laws. 3)"Therole of legal apparatuses in the implementation of homicidal criminal law in TolikaraRegeny in synchronizingthe positive and customarylaws prevailingin localcommunitiespursuingtheir ance~tors'faiths and cultures. In addition, legal apparatusesreferredto Law No. 2112001on.Spt:cialAutonomyfor Papua Provin-cemandating two systems prevailingin TolikaraRegency,i.e. a posit~velaw and a customarylaw.'4) Restrainingfactors in the implementationof positive law in Tolikara Regencywere associatedwith legal apparatuses,including:limitedtransportationinfrastructures such as automobilefot operationalactivitiesin field,supportsfrom the Head of Local Government and the Local People's RepresentativeCouncilto communitYin settling each case related to law in a customarymanner,aod limitedhumanresourcesin law enforcement,the minimumbudget of foodstuffexpenditurefor prisoners.Therefore,LocalGovernmentshould actively involve procuringthe foodstufffor the prisonersin TotikaraRegency.5) Factors associatedto the prevailingculture in local community,includingmagical and animism faiths amongthem with Strongand deep roots in the life of societyand the dominantrole of customary council. .~ . ' Basedon the results of study,recommendationcan be given as follows:the support of the Head of Local Governmentand the Local People's RepresentativesCouncil in Tolikara Regencyis necessaryin a form of LocalRegulationregulatingthe implementationof positive law that can be made as guide for legal apparatusessuch as police and court in settling the legal oblems,personneladdition in legalenforcementand socializationactivity,and understandingamongsocietyaboutthe statute,functionandrole of positivelaw

PENGGUNAAN KEKERASAN DAN SENJATA API OLEH APARAT KEPOLISIAN NEGARA REPUBLIK INDONESIA DALAM PENGAMANAN UNJUK RASA

Kepolisian Negara Republik Indonesia (Polri) is one institution that is authorized and responsibility to use violence and firearms to support tasks and functions to keep safety and peace in the society. This study aims to explain on the extent of use of force and firearms by the Kepolisian Negara Republik Indonesia officers can do and how its criminal responsibility in securing demonstration. Research method which is used empirical normative using primary data and secondary data. Primary data and secondary data is processed to answer the problem by using descriptive analysis. Sampling techniques used non-random sampling. Type of sampling conducted by purposive sampling, which took testimony through interviews with specific people based on qualifications of the research that has been defined previously. The result of the study showed that the implementation of the use of force and firearms by the Kepolisian Negara Republik Indonesia (Polri) in securing the protests influenced by several factors: an indication of the cause of the protests that grew into mass riots in Indonesia, including law enforcement factors on perceptions of police officers on human rights humans (HAM) in securing the rally, police policy factor in securing the rally, influence the pattern of character building member of the Police, the Police action in protest security, network cooperation and negotiations undertaken in the police handling of the protests and the constraints faced by the police in securing demonstrations, as well as cultural factors (culture) community. Resposibility of Criminals liability for police officers for mis use of force and firearms in securing the rally can be determined based offenses arising from the misuse of force and firearms by police in securing justice protests to general mechanism to determine which form of criminal liability and criminal sanctions violence abuse and firearms by police to securing demonstration

POLITIK HUKUM PERTANGGUNGJAWABAN PIDANA TERHADAP INTERNET SERVICE PROVIDER DALAM CYBER CRIME

This research studied about legal politic of criminal responsibility for internet service provider aiming to describe theoretical framework as a base of internet service provider to have criminal obligation, making explicit of the form of criminal responsibility burden to internet service provider if involved in cyber crime and finding the parameter and giving suggestion of ideal legal politic of criminal responsibility in the future as a dreamt law ( ius constituendum) in cyber world according to the requirement of technological advances and modern information. This research was a normative research supporter by data obtained in the field using research approach of legal politic used to study ius constitutum and gave thought toward ius constituendum about the criminal responsibility for internet service provider. The research result for the first problem showed that so far, the criminal responsibility for internet service provider as cooperation is still promoting sharp enough difference of idea among the experts, mainly in case of investigation, searching, and confiscation. For the second problem, in Regulation Number 11 year 2008 about he Electronic Information and Transaction in relation with the form of criminal responsibility if internet service provider is involved in cyber crime is still not arranged clearly and firmly. Besides, the problem faced by the investigators causing the internet service provider could not be obliged by responsibility because in the investigation, searching, and confiscation has to have license in its implementation from the chairman of local court or from the Minister of information and communication. Answering the third problem, Pancasila as the spirit used in legal politic in Indonesia has to be the ideology, the source of value and orientation in determining the direction of legal politic development in Indonesia. On the way of modern era, societal protection in cyber world is still weak and far from the expected one, through the product of positive law recently