MAKALAH

BAHASA INGGRIS HUKUM

how to describe someone’s job about law enforcement.

DOSEN PEMBIMBING : Nur Hadijah Saraswati, S.Pd, M.Pd

Kelompok 4 :

1. Juliani Jahidin
NPM : 2174201086
2. Nurfadillah
NPM : 2174201071
3. Regita Arga Rini
NPM : 2174201065
4. Sri Kurniawan
NPM : 2174201091
5. Zelot Aritonang
NPM : 2174201060

UNIVERSITAS WIDYA GAMA MAHAKAM

SAMARINDA
2020/2021
 KATA PENGANTAR

Puji Syukur kami panjatkan kehadirat ALLAH SWT, karena atas berkah rahmat dan
karuniaNyalah, makalah ini dapat terselesaikan dengan baik, tepat pada waktunya adapun tujuan
penulisan makalah ini adalah untuk memenuhi tugas mata kuliah Bahasa Inggris Hukum pada
semester 1 ini dengan judul how to describe someone’s job about law enforcement.

Dalam penyelesaian masalah ini, kami banyak mengalami kesulitan, terutama disebabkan
oleh kurangnya ilmu pengetahuan yang kami miliki. Namun, berkat bimbingan dari berbagai
pihak kami dapat menyelesaikan makalah ini tepat pada waktu yang telah di tentukan oleh dosen
pembimbing, sudah sepantasnya jika kami mengucapkan terima kasih kepada semua pihak yang
terlibat.

Kami sadar sebagai seorang Mahasiswa yang masih dalam proses pembelajaran,
penulisan makalah ini masih banyak kekurangan. Oleh karena itu, kami mengharapkan adanya
kritik dan saran yang bersifat positif, guna penulisan makalah yang lebih baik lagi di masa yang
akan dating. Harapan kami, semoga makalah yang sederhana ini, dapat memberi kesadaran
tersendiri bagi generasi muda.

Samarinda, 05 Oktober 2021

Penulis
A. Pengertian Hukum
Hingga saat ini belum ada kesepahaman dari para ahli mengenai pengertian
hukum. Telah banyak para ahli dan sarjana hukum yang mencoba untuk
memberikan pengertian atau definisi hukum, namun belum ada satupun ahli atau
sarjana hukum yang mampu memberikan pengertian hukum yang dapat di terima
oleh semua pihak.
Meski demikian, belum ada satupun pendapat dari para ahli atau sarjana
hukum yang memberikan pengertian hukum yang di terima oleh semua pihak.

Definition of law

1. a binding custom or practice of a community : a rule of conduct or action

prescribed or formally recognized as binding or enforced by a controlling
authority

2. the whole body of such customs, practices, or rules

3. the control brought about by the existence or enforcement of such law

4. the action of laws considered as a means of redressing wrongs

B. Definisi Hukum Menurut Para Ahli

Mengenai masalah pengertian hukum ini, seorang Immanuel Khant pernah
meulis bahwa “ Noch Sucen Die Juristen Eine Deifinition Zu Ihrem Begriffe Von
Recht” yang artinya bahwa Para Sarjana Hukum masih mencari-cari pengertian
hukum. Apa yang di tuliskan Immanuel Khant sekitar 200 Tahun yang lalu tersebut
ternyata masih berlaku hingga saat ini. Telah banyak diantara para sarjana dan ahli
hukum yang coba memberikan pengertian hukum, namun tidak satupun diantara
pengertian hukum yang diberikan bisa memberikan kepuasaan atas pertanyaan apa
pengertian hukum.
Given below are the various Definitions for law by most famous legal authors
worldwide.
1) John Austin
 “Province of Jurisprudence Determined”
2) Duhaime's Law Dictionary
“All the rules of conduct that have been approved by the government and
which are in force over a certain territory and which must be obeyed by all
persons on that territory (eg. the "laws" of Australia). Violation of these rules
could lead to government action such as imprisonment or fine, or private action
such as a legal judgement against the offender obtained by the person injured
by the action prohibited by law. Synonymous to act or statute although in
common usage, "law" refers not only to legislation or statutes but also to the
body of unwritten law in those states which recognize common law”
3) Greek philosopher Plato and Aristotle
“An embodiment of Reason”, whether in the individual or the community’.
4) Oxford Professor of jurisprudence Professor Hart
“The Concept of Law” (1961)
Hart defined law as a system of rules, a union of primary and secondary rules,
5) Aristotle
“By 'particular' law mean that which an individual community lays down for
itself; and by 'universal' law I mean the law of nature. For there is a natural and
universal notion of right and wrong, one which all men instinctively
apprehend”
6) Italian philosopher St Thomas Aquinas
“A body of rules fixed and enforced by a sovereign political authority.”
“A rule laid down for the guidance of an intelligent being by an intelligent
being having power over him.”
7) American judgeOliver Wendell Holmes
“The Path of the Law” in Collected Papers, 1920
“The prophecies of what the courts will do … are what I mean by the law,”
8) Austin, Lectures on Jurisprudence (1885)
“Law is a command from the sovereign person or body in the political society
to a member or members of society”
9) Italian philosopher St Thomas Aquinas
 “Nothing else than an ordinance of reason for the common good, made by him
who has care of the community, and promulgated”
10) Blackstone, Commentaries (1847)
“Law is a rule of civil conduct prescribed by the supreme power in a state,
commanding what is right, and prohibiting what is wrong”

From the opinion of the above scholars it can be said that. Understanding
Law is a set of norms or rules that regulate human behavior with peace and purpose
in society. In other words. Law is a rule that contains commands or prohibitions
that force for the creation of a safe, orderly, peaceful, and peaceful condition, as
well as sanctions for anyone who violates it. The purpose of the Law has universal
properties such as problems, peace, comfort, happiness and happiness in the order
of social life.

C. Pengertian Penegakan Hukum

Law enforcement in other terms called law enforcement is a mechanism to

realize the will of lawmakers who are invited in certain legal products. Law
enforcement actually does not only reach in the sense of law enforcement, but is a
process to realize the intent of the legislators.

Law enforcement describes the agencies and employees who are responsible
for enforcing the law, maintaining public order, and managing public safety. The
main tasks of law enforcement include the investigation, arrest and detention of
persons suspected of committing criminal acts. Some law enforcement agencies,
particularly the sheriff's office, also have an important role in the detention of
individuals convicted of criminal offences.

Law enforcement is seen as an attractive environment in the social process

and must accept the activities in its work caused by environmental factors. In
principle, the law enforcement process still refers to the values contained in the law,
such as justice (gerechtigheit), legal certainty (rechtssicherheit), and legal benefits
(zweckmassigkeit). law enforcement.
D. Ruang Lingkup Penegak Hukum

Law enforcement is a process of actually functioning legal norms as guidelines

for behavior or legal relations in the life of society, nation and state.

The scope of the term "law enforcement" is very broad, because it includes
those who are directly and indirectly involved in the field of law enforcement. Law
enforcers are citizens who have certain rights and obligations, namely upholding (in
the sense of facilitating the law). According to Jimly Asshiddiqie, law enforcers can be
seen first of all as human beings or elements with their respective qualities,
qualifications, and work culture. Second, law enforcers can also be seen as institutions,
agencies or organizations with their own bureaucratic qualities.

The work of law enforcement officials institutionally is a mandate given by law

to each of these institutions to be able to carry out all their duties properly and
correctly. In the sense that law enforcement activities must be carried out responsibly
or what is known as good governance. So that the community will be able to feel the
real impact of the implementation of the law enforcement system, namely the creation
of peace for the whole community. On the other hand, the "abuse of trust" given by the
law to each of these institutions will be able to damage the government system on the
one hand as well as for society in general.

Law enforcement officials have a very strategic and significant function in legal
guarantees. This is from law enforcement officers that is one of the most influential
elements in law enforcement even according to Daniel S. Lev, as quoted by Soerjono
Soekanto. which becomes law finds daily practice by law officials. If legal officials
including judges, prosecutors, advocates, police and government employees in general
change like this, it means that the law has changed even though the law was the same
as before. We often hear about law enforcement officers. But who exactly are law
enforcement officers in Indonesia and what are their duties?

Berikut ini adalah aparat penegak yang terdapat di Indonesia.

1. Investigator

Investigator In general, investigators are police, prosecutors are regulated in the

Criminal Code and civil servants have the task of carrying out their duties.

Police as a criminal justice subsystem are regulated in law number 2 of 2002

concerning the Indonesian National Police. According to Article 13 of Law Number 2
of 2002, the police have the main task of maintaining and serving the community, law,
and providing protection, protection and services to the community. while in criminal
justice, the police have special authority as investigators which are generally regulated
in articles 15 and 16 of law number 2 of 2002 and in the Criminal Procedure Code
regulated in articles 5 to 7 of the Criminal Procedure Code.

Prosecutors have been investigators since the HIR period, investigation is part of
the prosecution. This authority makes the public prosecutor (Prosecutor) the
coordinator of education and even the Prosecutor can carry out his own investigation
in accordance with Article 38 in conjunction with Article 39 in conjunction with
Article 46 paragraph (1) of HIR. Moreover, in article 284 paragraph 2 of the Criminal
Procedure Code in conjunction with article 17 PP No. 27 of 1983 concerning
guidelines for the implementation of the Criminal Procedure Code, it explicitly states
the authority of the Prosecutor's Office as an investigator for certain criminal acts.

Civil servant investigators or commonly abbreviated as ppns are certain civil

servant officials who are given special authority by law to carry out criminal
investigations according to the law which is the legal basis for each and in carrying out
their duties are under the coordination and supervision of police investigators Republic
of Indonesia.

However, investigators are now growing and increasing as a result of legal

needs, including the addition of certain state institutions that have educational
authority such as the KPK, BNN, PPATK, BIN.

2. Prosecutor
 According to Law Number 16 of 2004 concerning the Prosecutor's Office, the
Prosecutor's Office in the development of the state administration system In Indonesia,
the Prosecutor's Office is part of the executive body under the President. However, in
terms of the function of the Prosecutor's Office, it is part of the judiciary.

This can be seen from Article 24 of the third amendment to the 1945
Constitution which stipulates that judicial power is exercised by courts and other
judicial bodies that have judicial power. The affirmation regarding other judicial
bodies is clarified in Article 41 of Law Number 4 of 2004 concerning Judicial Power
which reads:

"Other bodies whose functions are related to judicial power include the
Indonesian National Police, the Prosecutor's Office of the Republic of Indonesia and
other republican bodies regulated by law".

As a Sub-Criminal Justice System. The Prosecutor's Office has duties and

authorities in the criminal field as regulated in Article 14 of the Criminal Procedure
Code.

3. Justice

The existence of the judiciary as a subsystem of the criminal justice system is

regulated in law number 48 of 2009 concerning judicial power. Article 1 paragraph 1
of the law provides the following definition of judicial power:

"Judicial power is the power of an independent state to administer justice to

uphold law and justice based on Pancasila and the 1945 Constitution of the Republic
of Indonesia for the sake of the implementation of the constitutional state of the
Republic of Indonesia".

In accordance with law number 48 of 2009 and the Criminal Procedure Code,
the task of the court is to receive, examine, and decide cases that are submitted to it. In
examining a defendant, the judge begins with an indictment made by the public
prosecutor, and is based on evidence as regulated in Article 184 of the Criminal
Procedure Code. Then, with at least 2 pieces of evidence and his conviction, the judge
will make his decision

4. advocate

The enactment of Law Number 18 of 2003 concerning Advocates has become an

important legal basis for the Advocate profession as one of the pillars of law
enforcement.

This is confirmed in Article 5 paragraph 1 of Law Number 18 of 2003, which

states that advocates have a position as law enforcers, are free and independent which

are guaranteed by laws and statutory regulations. In the explanation of Article 5

paragraph 1 of Law Number 18 of 2003 it is further emphasized that what is meant

by : “Advocates with the status of law enforcement”

is an advocate as an instrument in the judicial process who has the same

position as other law enforcers in upholding law and justice.

5. Correctional Institution

Correctional Institutions (LAPAS) are regulated in Law Number 12 of 1995

concerning Corrections which changes the prison system to a Correctional system. The
correctional system is a series of legal entities, therefore its implementation cannot be
separated from the development of a general concept of punishment.

According to the provisions of Article 1 point 3 of Law Number 12 of 1995

concerning Corrections, it is stated that the Correctional Institution (LAPAS) is a place
to carry out the development of prisoners and correctional students.
 A community institution that deals with the life of prisoners during their criminal
period. What is meant in this case is imprisonment.

In line with the 1945 law, Pancasila as the basis of the state in the second
principle which reads "just and civilized humanity" guarantees that Indonesian people
are treated in a civilized manner even though they are prisoners.

In addition, the 5th precept "says that social justice is for all Indonesian people"
means that prisoners must also have the opportunity to interact and socialize with other
people like normal human life.

To find out more about the ideal character of law enforcement and the expected
role of each law enforcer, it will be described as follows:

1. Investigator

The ideal role of an investigator is to uphold human rights and state law where
the investigator's role is:

1 community security and management

2 laws and

3 provide protection, protection and services to the community.

2. Prosecutor

The ideal role of the Prosecutor's Office is as a government institution that

carries out state power in the field of prosecution and other authorities based on the
law, and the role that should be by the Prosecutor's Office is a state instrument that
acts as a public prosecutor and implementer of court decisions that have obtained
permanent legal force and authority. others by law.

3. Justice
 The ideal role for the judiciary is enshrined in the law on judicial power, which
states that judicial power is to administer justice to uphold law and justice based on
Pancasila, and the 1945 constitution for the implementation of the constitutional state
of the Republic of Indonesia.

While his supposed role is to accept, examine and adjudicate as well as settle
every case that is brought to him in connection with this, there are several points that
need to be considered:

1. The trial is carried out in a simple, fast and low cost

2. The court in adjudicating according to law without distinguishing between people

3. The court is obliged to examine every case that is brought to him even though the
law governing it does not exist or is unclear.

4. Advocate

The ideal role of an advocate is to provide legal services, both inside and outside
the court that meet the requirements based on the provisions of the advocate law. The
role that should be provided is providing legal consultation, legal assistance,
exercising power, representing, assisting, defending and taking other legal actions for
the client's legal interest.

5. Correctional Institution

The ideal role of the penitentiary is to carry out development activities for the
inmates of the Correctional Institution.

Where the Correctional system is an order regarding the direction and

boundaries as well as the method of fostering community inmates based on Pancasila
which is carried out in an integrated manner between the coaches, those who are
fostered, and the community to improve the quality of Correctional inmates so that
they realize mistakes, improve themselves, and do not repeat criminal acts so that they
can are accepted back by the community, can play an active role in development, and
can live naturally as good citizens and are responsible for the role that should be.
Correctional Institutions are places to carry out guidance and correctional students.

After a brief description of the ideal and supposed role, the question arises what
about the actual or actual role. it is clear that it concerns the actual behavior of the role
executors, namely law enforcers who on the one hand apply the law and on the other
hand exercise discretion in certain circumstances.
 DAFTAR PUSTAKA

Adv, John. 2018. “Various Law Definitions by Famous Authors”, https://www-pathlegal-

in.translate.goog/Various-Law-Definitions-by-Famous-Authors-blog, diakses pada 06 Oktober
2021 pukul 16.53

Arliman, Laurensius. 2015. Penegakan Hukum dan Kesadaran Masyarakat. Yogyakarta : Deepublish.

https://www-merriam--webster-com.translate.goog/dictionary/law diakses pada 06 Oktober 2021

pukul 16.30