Intelligence and Law Enforcement

The solution of fundamental problems of criminal-law regulation should be carried out taking into account doctrinal scientific developments and the latest achievements of scientific and technological progress. In this sense, using of a system approach is expanded, which has now received significant instrumental support in the format of information technology and software. A system approach is a methodological direction of scientific knowledge of system objects by means of system engineering, which is implemented in two main areas – in the field of methodology and theory, and in the field of specific applications. The aim of the paper is a comprehensive description of using of system approach in domestic criminal law. The task is to outline the prospects of applying a system approach in domestic criminal law, taking into account the latest technologies of systems engineering. Criminal law in its essence can be understood as a system of information (knowledge) that outlines the criminal offenses’ types and criminal law measures of state reaction to them. As a systemic object, this phenomenon is characterized by several circumstances. System components of criminal law. First of all, the authors are talking about the systemic nature of a crime, according to which the system of criminal law regulation is oriented. The systems are also criminal law provisions. Their structural elements-subsystems are hypothesis, disposition and sanction The system of criminal law has its own structure. The initial elements of its structure are criminal law. This also includes atypical regulations: criminal law constructions, legal presumptions and fictions. According to the degree of generalization, legal norms and atypical normative prescriptions are united into legal institutions. The systemic structure of the studied system object is manifested in the multiplicity of relations between them. System connections of criminal law. In the system of criminal law, informational connections are realized. Functioning of criminal law system in the system environment. Through the mechanisms of rule-making, information from protected social relations is introduced into it from the outside, and through the mechanisms of law enforcement, it affects its environment. According to the system approach, a model of the crime system and the system of the Criminal Code of Ukraine is proposed, developed on the basis of IDEF0 notation

Enforcing criminal law against perpetrators of environmental pollution and destruction crimes is crucial for environmental preservation. This article aims to examine the enforcement of criminal law against such offenders through a literature review method. Research findings indicate that despite existing laws and regulations on environmental protection, criminal law enforcement still faces various challenges. Lack of inter-agency coordination, limited human resources and budget, and low public awareness are hindering factors in criminal law enforcement. To enhance the effectiveness of criminal law enforcement, synergy and commitment from various parties are required. Institutional strengthening needs to be carried out by clarifying the duties, functions, and authorities of each agency in handling environmental crimes. Continuous capacity building of human resources is also necessary through specialized education and training. Efforts to increase public awareness and participation can be undertaken through campaigns, outreach, and environmental education. Furthermore, an evaluation and updating of regulations are needed to ensure deterrent effects for offenders and prevent the recurrence of environmental crimes in the future. Criminal sanctions imposed must be proportionate to the impact of the damage caused. With these efforts, it is hoped that criminal law enforcement can become an effective instrument in preserving the environment in Indonesia.

The ideas presented here are based on the way in which scientific research in the field of law (criminal law in particular) evolves. The anticipation of natural questions is followed by recommendations that are not intended to be decisive in the choice of topic and the orientation of the research, but rather to support the integrity and coherence of the approach. Even if the subject is oriented towards clarifying the structure of a doctoral thesis, the recommendations are applicable to any type of research in the field of legal sciences, an article or a study. The doctoral thesis must bring an element of novelty to the research of the field studied, to clarify an ambiguity that may arise from the interpretation of the law, from the application of the law, from the evaluation of the efficiency or constitutionality of an existing regulation or from the evaluation of the need for a new regulation. The originality of a thesis must concern both its basic idea (what the paper seeks to demonstrate) and the content (what are the conclusions reached regarding the purpose pursued within the analysis of the institution/notion of criminal law studied). The purpose of the paper, the research objective will be correlated with the questions that the thesis seeks to answer and the hypotheses that are to be verified. Each part of the thesis will aim to analyze, from the perspective of criminal law, criminal procedural law and, subsidiary, criminology, the regulation of the most important components of the institution/notion of criminal law studied and their effects on social relations: for example, to examine the relationship between certain legal relations of criminal law, to evaluate the effectiveness of an institution/norm in relation to the purpose pursued by the legislator, to investigate the elements of conventionality or constitutionality of a norm, to analyze the changes in the conditions of existence of an institution/norm studied etc. Neither the validity of choosing the hypothesis verified by the work nor the scientific character of the work depend on the positive or negative conclusion reached as a result of the study. However, the paper should not stop at solutions that could not be anticipated as being applicable in national law, either for reasons related to the incompatibility with the criminal system as a whole, or because they would impose logistical and personnel costs that are not compatible with what we imagine could be invested in justice/the criminal law system.

<p class="TableParagraph"><em>Milestone Born Based on the Constitutional Court Decision: 21/PUU-XII/2014 dated April 28, 2015, the authority of the Pretrial institution has increased by conducting an examination of the Investigator's actions in issuing a letter of determination of suspects, searches, and seizures coupled with the legality or absence of arrest and/or detention, termination of investigation or termination of prosecution upon request for the upholding of law and justice, and requests for compensation or rehabilitation. In legal practice, there are several Decisions that do not reflect the implementation of criminal procedure law in accordance with the scope of pretrial and create new authority in pretrial.</em></p><em>The norms of authority in the Criminal Procedure Code provide limitations/limitations that cannot be deviated by law enforcement, if law enforcement exercises its authority not based on laws and regulations, then law enforcement actions can be categorized as unlawful acts. Based on Article 24C paragraph 1 of the Constitution of the Republic of Indonesia of 1945 (third amendment), the Constitutional Court is a high state institution within the scope of judicial power (judicial) and the authority of the Constitutional Court is one of which is to test the Law against the 1945 Constitution. Suppose a decision that grants the application, has an impact on the invalidity of a norm and does not have binding legal force, then by itself, the decision cannot be separated from the Erga Omnes Principle which has legally binding force on all components of the nation, so all parties must submit and obey the decision ( Syukri Asy'ari, 2013). In legal practice, there are several Decisions that do not reflect the implementation of criminal procedure law in accordance with the scope of pretrial and create new authority in pretrial so that how does pretrial exist in the enforcement of criminal law</em>

Neurolaw is an interdisciplinary field that combines law and neuroscience to enhance the understanding of human behavior, decision-making, and their legal implications. This approach is gaining global attention and has potential for application in Indonesia’s criminal law system. Neurolaw sheds light on how factors related to the brain and nervous system like impulsivity, mental health issues, and environmental influences can affect criminal behavior and personal accountability. This research, using normative legal method, finds that neurolaw could be valuable in Indonesia’s justice system for evaluating testimony, truth, and fairness. Techniques like brain scans and neuropsychological tests offer scientific support for statements made by defendants and witnesses, helping to ensure legal decisions are more objective and just. While neurolaw offers potential advancements for criminal law, it faces challenges in Indonesia. Neuroscience is a complex field that requires specialized knowledge, yet Indonesia currently has few experts in this area. Additionally, the required infrastructure such as brain scanning technology, advanced laboratories, and research funding is limited.

Purpose Law enforcement agencies in the United States are relying on state fusion centers for intelligence to develop actionable, data-driven reports that increase efficiency and improve investigations in crime prevention and homeland security. This study assesses the extent to which artificial intelligence and machine learning (AI/ML) are increasingly shaping intelligence operations in law enforcement and the functions of state fusion centers in supporting intelligence-led policing (ILP). The reliance and integration of AI/ML is improving analytic accuracy, situational awareness and information and data sharing and collaboration among law enforcement and homeland security agencies. This study examines the state of contemporary academic literature, assesses AI/ML applications used in law enforcement and builds a conceptual and theoretical framework centered on ILP policing. It also relies on empirical data, case study applications, and DHS assessments to explore the degree to which AI-driven processes and analytics enhance criminal intelligence, investigative efficiencies, situational awareness and predictive policing. The analysis, while focusing on the opportunities and challenges of using AI/ML tools in law enforcement, also highlights the need for ethical governance, transparency and accountability when relying on advanced technologies for crime prevention and policing. Design/methodology/approach This study utilizes qualitative methods, including a thematic content analysis of government and think tank/practitioner reports as well as academic literature on the benefits, costs and ethical factors regarding variations in the implementation of AI/ML tools for law enforcement intelligence products and resource allocation. For cross-validation of operational outcomes, it examines publicly available information in the DHS Fusion Center Annual Assessment, Bureau of Justice Statistics, LEMAS and RAND Corporation assessments of intelligence-led policing. Findings Qualitative Results Federal and state sources report fusion centers and law enforcement agencies integrating advanced analytic and ML-enabled tools into each step in the criminal intelligence lifecycle process. However, ethical and structural challenges limit and constrain technology-driven narratives in fusion centers. Given these challenges, there is a consistent qualitative and thematic pattern: state fusion centers now function as criminal intelligence analytic hubs or resources that leverage the most contemporary analytic and data-driven tools for criminal intelligence and law enforcement investigations. Interrelated themes describe AI/ML technologies in terms of shaping, constraining and complicating the intelligence lifecycle in fusion centers and law enforcement operations. Seven specific themes emerged from latent coding are illustrated in the chart. Research limitations/implications There are limitations on the collection of quantitative data since DHS, leading think tanks and NGOs do not disclose specific figures on the proportion of AI/ML tools. The DHS Fusion Center Annual Assessment process monitors technology adoption and the growth of analytic capabilities throughout the national network of fusion centers; however, the specific quantitative statistics are not disclosed in public summaries (DHS, 2024). Second, publicly available data and information constitute the bulk of empirical sources. Consequently, this study relies primarily on qualitative narrative reporting, not quantitative performance metrics. Third, publication bias is likely present in industry and government sources as these reports may provide overly optimistic observations and conclusions while overlooking ethical dilemmas, failures and challenges. Moreover, qualitative thematic analysis could reflect broader structural narratives as opposed to empirical outcomes. Finally, since AI/ML adoption varies across fusion centers and according to technology levels, qualitative themes identified in this study must be read as representative patterns and not as universally generalizable. Originality/value Fusion center utilization of AI/ML technologies is as much an operational tool as it is a policy, governance and ethical challenge. Successful and professional use in support of law enforcement is about placing technological innovations firmly within institutional accountability and constitutional guardrails. On the one hand, AI/ML tools are enhancing analytical intelligence production by accelerating analytic workflows, predictive modeling and expanding data/information integration capabilities. AI/ML are extending ILP concepts by offering improvements in situational awareness and threat identification and operational efficiencies. On the other, substantial constraints hinder responsible use of these technologies. In the absence of standardized oversight frameworks, data-quality issues, algorithmic bias and the lack of professional development, workforce capacity and critical skills on the part of fusion center analysts will cancel the benefits of these tools.

This study aims to analyze law enforcement in the criminal justice system based on the value of restorative justice. The problem is the approach used in criminal law enforcement is mostly still giving a deterrent effect and conventionally imposing the law itself. The ideal law enforcement has to be supported by awareness of the role of punishment as a social sub-system, community’s influence is quite significant in efforts to enforce the law. The efforts to develop law enforcement with the concept of restorative justice are the ones that are directed at reforming criminal law in Indonesia. This research was conducted to identify how restorative justice is regulated in law enforcement that is centered on recovering the crime victims from the losses and suffering they undergo. This is interesting to study through the concept of restorative justice-based law enforcement. The research method is normative jurisdiction with the approach of the rule of law and the concept approach. The results of the research show that restorative justice has not been maximally used as a basis for consideration and a center for law enforcement because it focuses more on retaliation for criminals over the crimes they have committed. The value of restorative justice is specifically limited to the punishment of children, which is regulated in Act Number 11 of 2012 concerning the Criminal Justice System for Children. In other words, the law enforcement has not been satisfying because one of its objectives is recovery of victims. Keywords: Law Enforcement, Restorative Justice, Criminal Law DOI : 10.7176/JLPG/92-04 Publication date: December 31 st 2019

Seizure of evidence is one of the key instruments in the law enforcement process, including in corruption crimes involving members of the military. However, the authority of Military Police (PM) investigators in conducting seizures still faces various normative and procedural obstacles. This research aims to analyze the legal construction governing this authority and offer an ideal reconstruction model to ensure legal certainty. By using normative juridical methods and a multidimensional approach - namely legislative, historical, comparative, and conceptual approaches - this research reveals the existence of inconsistencies between the Military Justice Law, the KPK Law, and the Corruption Crime Law, which have implications for the uncertainty of the authority of PM investigators in corruption cases, especially in the context of military-civilian connectivity. This research offers a legal reconstruction that includes regulatory harmonization, the formation of a cross-agency connectivity team, standardized confiscation SOPs, and strengthening the supervision of the military court. The novelty of this research lies in the focus of specific studies on confiscation by PM investigators in corruption crimes and the development of applicable operational legal models. The contribution is significant for the development of military criminal law and law enforcement system reform within the TNI.

ABSTRACTThis article provides an extensive overview of major intellectual property rights (IPR) criminal enforcement agencies and judicial institutions; criminal enforcement rates and trends; recent major enforcement operations; and the substantive criminal IP law and sentencing regulations in the United States and China. Substantive criminal IP laws and enforcement practices manifest a consistent pattern of increased criminalisation of IP infringements and politically motivated sweeping campaigns to enhance enforcement in both countries, not only on the books but also in action. In addition, documentary and descriptive statistical analyses reveal that various aspects of the criminal enforcement institutions and practices in the two countries differ notably.Then a comparative legal analysis indicates that the U.S. criminal law on IP thefts is more updated and comprehensive with the promulgation of several new IP acts. In addition, types and severity of sanctions that IP offences carry diverge greatly between the two countries. More importantly, how punitive the system appears on the books does not always tally with what happens in practice. Finally, I provide policy recommendations for improving IP enforcement in China, from better and more frequent collaboration during enforcement to enhancing institutional capacity of the enforcement agencies. Recommendations are also made for China to modify its substantive criminal IP law and promulgate a detailed sentencing guideline.

The enforcement of criminal law starts from the legislative body that is the legislative body that makes the law and determines the norms in the form of orders and prohibitions. The legislation made by this legislative body can reflect the existence of the values of justice desired by the principle of Pancasila that is civilized or dignified justice. Criminal law enforcement is also done by the judiciary. That is the application of criminal law in the form of law by law enforcement officers either ranging from the police level to the courts. They are concrete justice enforcers. And the last is related to facilities and infrastructure that support the policy for criminal law enforcement. The process of criminal law enforcement can be effective if there is a harmony relationship starting from the investigation / investigation process at the police, prosecutor / prosecutor level until the court process and ending with the judges verdict. The legislator in this case is the legislative must be able to make regulations that can be implemented in the field. Law enforcers in carrying out their duties must be able to work professionally so as to create a sense of justice for the parties both for the perpetrator and for the victim of the crime. Key note : enforcement of criminal law, Pancasila

AFTER the previous edition of JILS raised the theme of “Crimes and Society: General Issues on Criminal Law in Indonesia”, in this edition JILS wanted to explore various cases and developments in criminal law enforcement. The complexity of criminal law enforcement in many conditions presents a variety of debates, ranging from legality and non-retroactive principles of law which in certain cases find discrepancies between facts and existing theories. In addition, criminal law which is considered ultimum remedium and has the character of a double-edged sword, on the one hand protects the interests of victims and the public but on the other hand injures the rights of the accused, becomes very complex because of its relation to the protection of human rights. In order to provide the most up-to-date discourse in the development of criminal law enforcement, in this edition we take the theme “Penal Policy and The Development of Criminal Law”. This theme provides a different perspective for readers relating to criminal law policy and formulation of criminal law enforcement. In this edition, we received a large number of articles sent to the editorial desk, therefore it requires considerable time in choosing, reviewing and giving our best feedback and comments to the authors. To highlight the development of criminal law enforcement, this Journal volume is dedicated to discuss several issues related to the penal policy and development of criminal law enforcement.

Criminal law enforcement against corruption by corporations in the taxation sector in Indonesia has not yet had a maximum impact in creating a deterrent effect. This article examines the obstacles to law enforcement against corporations that commit tax crimes using Lawrence Meir Friedman's legal system theory. The method used is normative legal research with legislation, legal theory, and case studies. The study results show a mismatch between legal substance, legal structure, and legal culture in criminal law enforcement efforts against corporations. Juridical obstacles include the absence of explicit provisions in the Criminal Code and KUP Law that explicitly regulate corporate criminal liability. In addition, the corporate criminal liability model still emphasizes the individual administrators, not the corporate entity. In conclusion, there is a need for legal reforms that clarify the position of corporations as subjects of criminal law and the application of the principles of strict liability and vicarious liability to strengthen the effectiveness of law enforcement in the field of taxation.

The spirit of Article 33 paragraph (3) of the Constitution of the Republic of Indonesia which states that if the natural resources in Indonesia must be controlled by the state and used as much as possible for the prosperity of the people, this spirit is certainly an instruction to all elements of the government to optimize state revenue from mineral and coal mining for the welfare of the people. In the enforcement of criminal laws on mineral and coal mining, there is often a very sharp deviation between the decision to refund state losses and the state losses itself. This paper analyzes how the criminal law enforcement of mineral and coal mining in Indonesia, and how the principle of ultimum remedium is applied in the enforcement of criminal law on mineral and coal mining. The method used in this paper is a normative method, namely by using primary, secondary and tertiary legal materials, with a prescriptive approach. Regarding the issue of criminal law enforcement of mineral and coal mining, there are problems so that the enforcement of mineral and coal mining laws is ineffective and not optimal, especially related to efforts to recover state losses even though it has prioritized the Corruption Law and the TPPU Law and set aside the law on mineral and coal mining itself, to the second problem it is concluded that the settlement is through criminal channels in mining problems Minerals and Coal should be the last resort or ultimum remedium, prioritizing settlement through administrative sanctions can be another way in an effort to recover state losses, because there is a need for changes in laws and regulations in the field of mineral and coal mining.

Handling of criminal cases in criminal law system in Indonesia has adopted the concept of restorative justice which uses peace agreements as its instrument. In the classical doctrine of contract law, it explains the conditions for the validity of an agreement so that it has binding legal force for the parties. The problem in this research concerns the existence of peace agreements as an instrument in handling criminal cases or the classical doctrine of contract law and the position of the restorative justice approach in criminal law system in Indonesia. This research is a normative juridical research. This research is descriptive analytical in nature using primary and secondary sources. The status of a peace agreement as an instrument in handling criminal cases in Indonesia also adopts legal requirements of classical contract law doctrine. The existence of a peace agreement in the criminal justice process is not entirely the same as the legal doctrine of civil contracts. A peace agreement has legitimacy in Indonesia's modern criminal law system and is not simply a stand-alone private contract. The combination of criminal procedural law and the classical doctrine of contract law along with the concept of restorative justice reconstructs the principles of contracts with an orientation towards "restoration" in a peace agreement. A peace agreement is a procedural instrument in handling criminal cases which is one of the considerations of the judge in imposing a sentence.

<p>Criminal law in Islam is an integral part of the Islamic legal system that regulates the behavior of individuals in society. The concept of criminal liability is an important aspect of this legal system, which includes various rules and principles governing how individuals are held accountable for criminal acts committed. This research aims to explain the concept of criminal liability in Islamic criminal law, focusing on the main principles related to law enforcement and punishment. The research method used is a normative juridical approach, which involves the study of Islamic legal doctrine, analysis of Islamic legal texts, and comparison with other criminal law systems. The results show that in Islamic criminal law, criminal responsibility does not only include aspects of punishment for criminal acts, but also considers aspects of guidance and rehabilitation. Principles such as ta'zir, hudud, and qisas become the foundation for criminal liability in Islamic criminal law, with the aim of maintaining justice, order, and security in society. The conclusion of this research is that the concept of criminal liability in Islamic criminal law has great relevance in the context of law enforcement and social justice. However, the protection of human rights and the principles of justice must also be upheld in the application of Islamic criminal law. Therefore, further research and interfaith dialog are important to deepen the understanding of the concept of criminal responsibility in Islamic criminal law and its application in the contemporary context.</p>