Scholars international journal of law, crime and justice最新文献

{"title":"Traditional Crime Control Measures and Criminality in Akwa Ibom State, Nigeria","authors":"Iton Enobong Etim, Hussaini Adamu Hussaini, Godspower Iwe Sunday","doi":"10.36348/sijlcj.2024.v07i01.007","DOIUrl":"https://doi.org/10.36348/sijlcj.2024.v07i01.007","url":null,"abstract":"The study examined traditional crime control measures and criminality in Akwa Ibom State, Nigeria. It identified various traditional crime control measures practiced by Akwa Ibom people. The research made use of primary data which were collected through in-depth interview with the use of interview schedule. Four hundred (400) study respondents were engaged as calculated sample size, Four hundred respondents were randomly selected from twelve (12) purposively selected villages across twelve (12) Local Government Areas of Akwa Ibom State. The state was divided into three clusters namely: Annang, Ibibio and Oron ethnic groups. Routine Activity (RA) theory of crime by Cohen and Felson (1979) was used in the study. Data collected were analyzed thematically in line with the objectives of the study. Findings revealed that there were traditional crime control measures among Akwa Ibom people which include; Idiong, Mbiam, Ukang. Ekpo, Akata, Ekpe, Iban Ison, Nka Nkparawa, Asian Uboikpa, Ayai, Adagha, Ibed Ukot, and Ibed Eyeyen. It was discovered that the rise in crime in the state is due to the abandonment of some traditional crime control measures. It was discovered also that, there exist poor relationship between the police and traditional institutions and this has caused increase in crime in the state. It was recommended that there should be partnership and synergy among traditional and modern crime control agencies in the study area to increase crime control effectiveness Also, government should develop policies that creates avenue for partnership between the police and other traditional institutions toward effective crime control.","PeriodicalId":499336,"journal":{"name":"Scholars international journal of law, crime and justice","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140488883","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Reconstruction of Land Rights Allocation for Coastal Land Based on Justice Values","authors":"Tumisah Tumisah, G. Gunarto, Anis Mashdurohatun.","doi":"10.36348/sijlcj.2024.v07i01.006","DOIUrl":"https://doi.org/10.36348/sijlcj.2024.v07i01.006","url":null,"abstract":"This research analyzes the weaknesses of the Land Rights Allocation for Coastal Communities and finds a legal reconstruction of the Land Rights Allocation for Coastal Communities based on justice values in Indonesia in a constructivism paradigm where the type of research method used is normative juridical and the specifications of this research have a prescriptive analytical nature with the approach used by the author being a statutory approach. The research results found that the Weaknesses can be seen from the fact that coastal communities have been given land rights for generations based on Minister of Agrarian Affairs and Spatial Planning/BPN Regulation Number 17 of 2016. Regulations on granting land rights to coastal communities have been implemented, but are not yet optimal, and the legal certainty has not yet been explained in detail the definition of the people who can be given Land Rights Land (indigenous communities/local communities/traditional communities), no clear boundaries, and no hereditary criteria. From a legal conceptual perspective, there will be confusion if a land-over-water settlement is given a clear certificate of ownership issued by the Land Office but the object to which the Certificate of Ownership of Land is entitled is actually on water, there needs to be an appropriate policy formulation to address this issue. so that legal certainty for people living in settlements on water can be realized. Therefore, the Regulations related to granting land rights to communities in coastal areas need to be harmonized and reviewed regarding the substance of the purpose and function of the certificate itself so that it can guarantee legal certainty and legal protection for holders of land rights certificates to improve community welfare in a broad sense.","PeriodicalId":499336,"journal":{"name":"Scholars international journal of law, crime and justice","volume":"39 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140497847","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Reconstruction of Government's Political Regulation in the Election of Regional Heads Based on Pancasila Justice Values","authors":"Fajrian Noor Anugrah, G. Gunarto, Sri Endah Wahyuningsih","doi":"10.36348/sijlcj.2024.v07i01.005","DOIUrl":"https://doi.org/10.36348/sijlcj.2024.v07i01.005","url":null,"abstract":"This research analyzes the weaknesses of the government's political and legal regulations in the current implementation of regional head elections and finds a legal reconstruction of the government's legal politics in regional head elections based on Pancasila justice values in Indonesia. In a constructivism paradigm where the type of research method used is normative juridical and the specifications of this research have a prescriptive analytical nature with the approach used by the author being a statutory approach. The research results found that the weakness of the government's political and legal regulations regarding regional elections, the substance of which regulates the resolution of election crimes; Requirements as Candidates for Governor and Candidates for Deputy Governor, Candidates for Regent and Candidates for Deputy Regent, as well as Candidates for Mayor and Candidates for Deputy Mayor; Prohibition in campaigning; Criminal Sanctions Regional head elections; Simultaneous regional head elections; Community participation in organizing elections and the existence of a special electoral judicial body. Therefore, the reconstruction of the government's political and legal regulations for regional head elections as a whole based on the values of Pancasila justice in its formation can be done by synchronizing vertically with the 1945 Constitution and horizontally with the national election law starting from the planning, preparation, discussion, stipulation, and promulgation stages with adhere to principles in the formation of laws that Pancasila guides as the source of all sources of law in Indonesia by reconstructing the provisions governing the requirements for regional head candidates, candidate registration, voter data collection, campaigns, community participation, violations of the code of ethics, administration, dispute resolution, election crimes, state administration disputes, disputes over election results, formulation of criminal sanctions, implementation of simultaneous regional elections, as well as the formation of a tribunal for election crimes.","PeriodicalId":499336,"journal":{"name":"Scholars international journal of law, crime and justice","volume":"22 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139601522","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Provisions of International Crime in International Criminal Law the Rome Statute as a Model","authors":"Bushra Salman Hussain AL-OBAIDI","doi":"10.36348/sijlcj.2024.v07i01.004","DOIUrl":"https://doi.org/10.36348/sijlcj.2024.v07i01.004","url":null,"abstract":"With the emergence of organized societies, the norms that controlled the management of these societies arose with them and later developed into laws, regulations, and provisions regulating the relations of people in these societies and later in states, but without becoming a law that governs relations of these countries, with the development of states and the development of human perception, many practices in international relations have become rejected, and it has become necessary to place restrictions on the actions of states, whether in wartime or peacetime, in a way that guarantees human dignity. Justice was and will remain the prayer of humanity and its perpetual sanctification, which philosophers and thinkers have sought since ancient times until Socrates said: “There is no adornment more beautiful than justice because it is one of the best powers of the mind.”, so justice needed effective systems and working institutions. The judiciary was the most important and trusted institution of it, and there was no authority over it except the law. The world needs an effective international criminal court that enjoys widespread support. Conflicts, wars, violence, and human rights violations have taken many forms during the various stages of human history, as recent events have shown the continuation of this development, perhaps the seriousness of the crimes committed and the harm that they result from man and his surroundings, as well as the international nature of the crimes committed and public opinion, condemning them, and the desire to reduce these crimes by not leaving the perpetrators unpunished, are the most important factors and foundations for punishing international crimes.","PeriodicalId":499336,"journal":{"name":"Scholars international journal of law, crime and justice","volume":"81 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139611206","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Dissecting a Legal Equilibrium and the Right of the Court to Convict for a Lesser Offence Proved","authors":"Emmanuel K. Adetifa, O. O. Ogunkorode","doi":"10.36348/sijlcj.2024.v07i01.003","DOIUrl":"https://doi.org/10.36348/sijlcj.2024.v07i01.003","url":null,"abstract":"Criminal justice system administers justice and safeguards the lives and properties of individuals in the society. It is regarded as the stage a defendant passes through until the final determination of his case. One of these stages is the criminal trial of the defendant. Criminal trials are often bedeviled with challenges relating to the appropriate procedures to be followed for proper administration of justice in respect of a criminal charge. When the prosecution or the court faults procedures, it affects the constitutional rights of the defendant and often leads to injustice. When a charge is preferred before the court and the plea of the defendant is taken based on the charge before the court, courts in most cases have formed the usual practice of convicting the accused person based on the evidence of the prosecution whose evidence discloses a different offence from the one charged. This practice violates procedural rules and it is a breach of the right to fair hearing of the defendant. This study examined the procedure in criminal trial, the duties of the court in criminal trial and the constitutional provisions on the rights of the defendant. The study adopted doctrinal research methodology with specific reliance on primary and secondary sources such as judicial decisions, statutes, textbooks, articles, online materials among others. The study concluded that the necessary procedural steps should be observed where the evidence of the prosecution discloses a lesser or different offence other than the one charged and pleaded to by the defendant.","PeriodicalId":499336,"journal":{"name":"Scholars international journal of law, crime and justice","volume":" 36","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139625095","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Reconstruction of Suspect Investigation Based on Pancasila Justice Values","authors":"Muhammad Yasir, G. Gunarto, Bambang Tri Bawono","doi":"10.36348/sijlcj.2024.v07i01.002","DOIUrl":"https://doi.org/10.36348/sijlcj.2024.v07i01.002","url":null,"abstract":"This research aims to analyze the weaknesses of the current regulations for examining suspects in Indonesia currently and to find the legal reconstruction for investigating suspects based on Pancasila values of justice. The research method used is sociological legal research or empirical legal research, using the constructivism paradigm. The approach method used in this research is social legal research. This research uses primary data and secondary data. Data collection techniques through literature study, interviews, and questionnaires. The collected data was analyzed qualitatively. The research results show that the weaknesses in the legal substance of the regulations regarding the examination of suspects, namely: the Criminal Procedure Code has not regulated the legal consequences of deviations from suspects' rights to be free to provide information about investigators and the results of investigations, the Criminal Procedure Code has not regulated supervision of investigators' actions, including in examining suspects, and the Criminal Procedure Code has not regulated alleged irregularities in the examination of suspects. as the object of pretrial examination. Weaknesses in the legal structure, namely weak supervision of investigative institutions over the investigation process, limited regional police institutions in providing free legal aid, and the absence of a police budget to provide interpreters and translators for suspects, and weaknesses in legal culture, namely violations of the rights of suspects. suspects' rights, investigative engineering, individual investigators involved in bribery, and investigators who do not understand local culture. Therefore, It is necessary to reconstruct the values of justice and norms in the regulations for examining suspects so that they are based on the Pancasila values of justice. The value of Pancasila justice, especially Principle 2 of Just and Civilized Humanity, must be reflected in the provisions for examining suspects so that suspects are truly made into subjects who have dignity and respect that must be respected by investigators and protected by the state. Meanwhile, the reconstruction of norms in the regulations for examining suspects so that they are based on Pancasila values of justice, namely improvements to Articles 52, 117, 77, 79, and Article 81 of the Criminal Procedure Code.","PeriodicalId":499336,"journal":{"name":"Scholars international journal of law, crime and justice","volume":" 14","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139627602","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Homoeopathy in the Eyes of Legislation in India","authors":"Dr. Tridibesh Tripathy, Ms Navya Mall, Llm Mr. Prabhat Kumar, Prof. Shankar Das, Professor Dharmendra Pratap Singh, Prof. Rakesh Dwivedi, Dr. Umakant Prusty, Dr. Jeevan Krushna Pattanaik, Dr. Pramod Bihary Pradhan, Dr. S. N. Pandey, Dr. Sudhanshu Dixit, Ms. Sanskriti Tripathy, Mrs. Anjali Tripathy, Assistant Professor Mohini Gautam","doi":"10.36348/sijlcj.2024.v07i01.001","DOIUrl":"https://doi.org/10.36348/sijlcj.2024.v07i01.001","url":null,"abstract":"Therapeutics systems are governed by public health laws of the nations in which these are rolled out & practiced. The current article discusses the therapeutic system of Homoeopathy of AYUSH in India & the public health laws that govern this therapeutic system in India. The next step which the article goes through is the journey of the therapeutic system in the nation which becomes the pivotal for the article. The current article deals with the current situation of the homoeopathic therapeutic system at global followed by the national level. As an intervention strategy to deal with the roll out modalities of homoeopathy, the article discusses the journey of its related public health laws also. Finally, the article discusses the role of homoeopathy of AYUSH ministry of India in the current context & proposes a multi stage involvement based on the successful therapeutics in Homoeopathic Materia Medica. The focus of the article on homoeopathy & its related public health laws is critical as it can cover masses as it is cost effective, therapeutically effective & has no side effects. In order to achieve the roll out of these beneficial properties, the related public health laws need effective implementation.","PeriodicalId":499336,"journal":{"name":"Scholars international journal of law, crime and justice","volume":" 24","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139628563","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"An Appraisal of External influences in the Development of Corporate Criminal Responsibility in Cameroon","authors":"Acho Charles Efubai","doi":"10.36348/sijlcj.2023.v06i10.006","DOIUrl":"https://doi.org/10.36348/sijlcj.2023.v06i10.006","url":null,"abstract":"Legislations on corporate criminal responsibility often arise out of a pressing crisis, public outrage and the desire to be seen to have acted. However, the eventual enforcement of such legislation is often more weaker than originally promised. Despite the introduction of corporate criminal responsibility into the Cameroonian legal system, there are both institutional and human influences that have marked its development and implementation. It’s likely that external factors are able to affect the final content of the legislation and its implementation. This article analyses the external influences that have affected and which continue to affect the development of corporate criminal responsibility in Cameroon. This article also hails the insertion of corporate criminal responsibility in the revised Penal Code of 12 July 2016 as well as in other specific sectoral legislations. However, this article opines that the law poses very glaring challenges with regards to the imputation of corporate criminal liability and some practical challenges linked with the execution of some categories of sanctions which are not unconnected with the influences of some external parties. This article concludes with the call for the enactment of a specific corporate criminal code as well as the revision of the criminal procedure code in order to insert procedural provisions specific to corporate responsibility in Cameroon.","PeriodicalId":499336,"journal":{"name":"Scholars international journal of law, crime and justice","volume":"319 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136316618","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"National Treatment for Combating Human Trafficking: A Comprehensive Study in Bangladesh","authors":"Sharmin Jahan Runa","doi":"10.36348/sijlcj.2023.v06i10.005","DOIUrl":"https://doi.org/10.36348/sijlcj.2023.v06i10.005","url":null,"abstract":"A large number of people particularly the women and the children are being trafficked and smuggled to many countries including India and Malaysia by some organized gangs of human traffickers every year. Human Trafficking causes huge suffering to victims of trafficking ignoring and violating human right values and provoking the victims giving false statements. A trend of human trafficking is increasing day by day in various forms like the sexual exploitation, forced labor, begging, delinquency and adoption, on the other hand, poverty, unemployment, illiteracy, ignorance, drug addiction, cross border trade, dowry, child marriage and social curses have so far been identified as the main reasons behind human trafficking. Terming the human trafficking is the heinous crime. It should be emphasized on creating much awareness to vulnerable people specially those are interested to go to abroad as workers, access to need base information and pre-departure orientation along with bringing the recruitment agencies under proper sensitization program, more legal aid farms should come ahead to support the victims legally for compensation from convicted people in this sector. It should be principal agendum to the SAARC country to form Joint Naval and Coast Guards for stopping human trafficking by sea. This article focuses on some cases and recommendations to upgrade the situation.","PeriodicalId":499336,"journal":{"name":"Scholars international journal of law, crime and justice","volume":"302 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135167427","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Reconstruction of the Authority of Bhabinkamtibmas in Settlement of Criminal Acts through Polmas Strategy to Realize Domestic Security Based on Restorative Justice Values","authors":"Deni Setyo Utomo, Eko Soponyono, Anis Mashdurohatun","doi":"10.36348/sijlcj.2023.v06i10.003","DOIUrl":"https://doi.org/10.36348/sijlcj.2023.v06i10.003","url":null,"abstract":"The research aims to analyze and discover the weaknesses of the regulatory authority of Bhabinkamtibmas in resolving criminal acts through the community policing strategy to realize domestic security at this time and to reconstruct the authority of Bhabinkamtibmas in resolving criminal acts through community policing strategies to realize domestic security based on restorative justice values using a constructivism paradigm, through direct interviews with informants empirically supported with studies literature through theoretical steps. Research Result Show that the Reconstruction of the regulatory authority of Bhabinkamtibmas in resolving criminal acts through a community policing strategy in order to realize domestic security based on restorative justice values can be done by reconstructing Article 15 paragraph (1) letter b of Law Number 2 of 2002 concerning the Police of the Republic of Indonesia, Article 1 number 5, Article Article 3 paragraph (1), and Article 7 of the Regulation of the Head of the National Police of the Republic of Indonesia Number 7 of 2021 concerning Bhayangkara Building Security and Public Order, and Article 1 number 3 of the Regulation of the National Police of the Republic of Indonesia Number 1 of 2021 concerning Community Policing, which is related to the authority of Bhabinkamtibmas with a community policing strategy in resolving all forms of legal violations and other forms of disturbance that can disturb the community in a fair manner with a restorative and rehabilitative approach.","PeriodicalId":499336,"journal":{"name":"Scholars international journal of law, crime and justice","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135803660","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}