Proses penyelesaian pelanggaran hukum adat, dengan diberikan sanksi adat oleh lembaga adat, dibenarkan sebagai bentuk perwujudatan keberadaan dan pengakuan hukum adat yang masih ada dan tumbuh dalam masyarakat di Indonesi dan diakui proses itu oleh kepolisia sebagai penyelesaian sengketa diluar pengadilan. Penelitian ini,yuridis empiris, dengan pendekatan studi kasus Suku Dayak Wehea Desa Nehes Liah Bing oleh kepolisian Kutai Timur. Penyelesaian adat atas tindak pidana ringan yang telah diberikan sanksi adat oleh Suku dayak wehea berdasarkan hukum adat itu,menjadi dasar pihak kepolisian memberlakukan penerapan restoratif justice terhadap pelaku tindak pidana ringan yang telah diberikan sanksi adat di Satuan Reserse Kriminal Kepolisian Resor Kutai Timur. Penerapan restoratif justice terhadap pelaku tindak pidana ringan yang telah diberikan sanksi adat di Satuan Reserse Kriminal Kepolisian Resor Kutai Timur merupakan role model dalam proses penyelesaian sengketa diluar pengadilan. Upaya ini menjadi lebih mudah, murah, dan tidak berbelit-belit, dan memberi kepastian hukum kepada korban dan pelaku tindak pidana pelanggaran ringan.
The 1945 Constitution of Indonesia provides for rights to life and to remain free from torture that are fundamental human rights that shall not be curtailed under any circumstance. Since 1945, Indonesia does not regulate the protection of the right of life to the citizens. Until 1946, enacted Law No. 1 of 1946 concerning the Indonesian Criminal Code which in several provisions concerning the death penalty. Death sentences and executions in Indonesia is always debatable. However, it is still implemented and can not be avoided, unless the change of its legal provisions. This study was a normative research or doctrinal research. The results of the study shows that the provisions of death penalty in Indonesia is still enforced because have been regulated in the Criminal Code and several organic laws such as the law of terrorism, narcotics, corruption, and human rights justice. The death penalty is contrary to Article 28I of the 1945 Constitution. It has set the rights to life, so that no one may violate human rights, including the government and the country is not granted the right to revoke rights for every citizen. The Indonesian government should not impose the death penalty contained in the draft new Code, and abolish the death penalty in its organic law that had been imposed on the offenders. Preferably, the death penalty may be replaced by alternative punishment with life imprisonment, a prison within a specified time or according to the judge’s decision.
Speaking of corruption is being aggressively reviled by various circles of society , people no longer trust law enforcement corruption . With a variety of reasons escape corruption charges. Is this making people more amused components against corruption . Born as a result of the impact of corruption is very dangerous , one of which the decline of the national economy . Anti-corruption efforts solely through the prosecution of corruption , whereas the present moment awareness need everyone to obey the law of corruption .The perpetrators of corruption in Samarinda always hide behind the policies and provisions contained in the legislation governing the authority of an agency or official , so as though everything is a discretionary authority .This type of research used in this paper is an empirical legal research methods with qualitative approach to analyze the data that refers to the rules and regulations perudang . So as to obtain an overview of the impact of corruption in public life , analyze and formulate on law enforcement corruption , and to analyze the factors that affect the law enforcement corruption in the city of Samarinda
Speaking of corruption is being aggressively reviled by various circles of society , people no longer trust law enforcement corruption . With a variety of reasons escape corruption charges. Is this making people more amused components against corruption . Born as a result of the impact of corruption is very dangerous , one of which the decline of the national economy . Anti-corruption efforts solely through the prosecution of corruption , whereas the present moment awareness need everyone to obey the law of corruption .The perpetrators of corruption in Samarinda always hide behind the policies and provisions contained in the legislation governing the authority of an agency or official , so as though everything is a discretionary authority .This type of research used in this paper is an empirical legal research methods with qualitative approach to analyze the data that refers to the rules and regulations perudang . So as to obtain an overview of the impact of corruption in public life , analyze and formulate on law enforcement corruption , and to analyze the factors that affect the law enforcement corruption in the city of Samarinda
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