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Development of a Restitution Model Based on Justice and Legal Certainty for Crime Victims in Indonesia 为印度尼西亚犯罪受害者制定基于正义和法律确定性的赔偿模式
Pakistan Journal of Criminology Pub Date : 2024-06-08 DOI: 10.62271/pjc.16.3.1409.1425
{"title":"Development of a Restitution Model Based on Justice and Legal Certainty for Crime Victims in Indonesia","authors":"","doi":"10.62271/pjc.16.3.1409.1425","DOIUrl":"https://doi.org/10.62271/pjc.16.3.1409.1425","url":null,"abstract":"This research aims not only to explore the mechanisms of restitution implementation, the assessment benchmarks for determining the amount and form of restitution, and the execution of restitution decisions but also to devise a comprehensive model ensuring fair and legally certain restitution for crime victims. Through qualitative empirical research and employing legal, conceptual, and comparative law approaches, it has been identified that the restitution mechanism has faced issues from its inception, both in terms of regulation and implementation, resulting in failures in restitution claims. Furthermore, the benchmarks for assessing restitution have accumulated future losses for victims without being actionoriented. Numerous failures in the execution of restitution decisions have also been uncovered. Therefore, it is recommended to develop a restitution model based on justice and legal certainty. Among these recommendations are: eliminating limitations on victim types for restitution claims, establishing a mechanism that refers to diversion requests to compel law enforcement agencies to pursue restitution, developing restitution in actionable forms, seizing the perpetrator’s assets from the investigation stage, executing restitution without waiting for inkracht, adjusting subsidiary sanctions, implementing installment payments, revoking the convicted individual’s rights, and integrating a restitution and compensation scheme through the development of a victim assistance fund. Additionally, the establishment of oversight for the implementation of restitution is proposed.","PeriodicalId":516769,"journal":{"name":"Pakistan Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141370384","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}
引用次数: 0
The Problem of Jurisdictional Conflict and the Applicable Law on Cybercrime 管辖权冲突问题和网络犯罪的适用法律
Pakistan Journal of Criminology Pub Date : 2024-06-05 DOI: 10.62271/pjc.16.3.1287.1298
{"title":"The Problem of Jurisdictional Conflict and the Applicable Law on Cybercrime","authors":"","doi":"10.62271/pjc.16.3.1287.1298","DOIUrl":"https://doi.org/10.62271/pjc.16.3.1287.1298","url":null,"abstract":"This study addresses the issue of jurisdictional conflict and the applicable law on cybercrime, which has had a clear impact on criminalization and punishment. In addition, the procedural aspects of combating these crimes that transcend borders, pose many challenges in terms of jurisdiction, especially given the differences in legislative frameworks and the weakness of international cooperation in this field. The study initially focuses on explaining the legal nature of jurisdictional conflicts and their impact on cybercrime. It also highlights the issues related to the perpetrator’s multiple nationalities. The study concludes that jurisdictional conflict arises from states’ adherence to the principle of sovereignty over their territories and people, and the absence of unified legislation to resolve disputes over the applicable law. The study exceptionally suggests applying the principle of personal jurisdiction with an affirmative approach and the principle of universal jurisdiction under specific conditions. The study recommends amending Article (7) of the provisions of the Penal Code and Article (38) of the Cybercrime Law in Jordan to include the principle of regional jurisdiction for attempted cybercrimes committed abroad and where the criminal result is not achieved\u0000thin the Jordanian territory.","PeriodicalId":516769,"journal":{"name":"Pakistan Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141382127","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}
引用次数: 0
The Impact of Using Algorithmic Systems on the Criminal Trial: International Experience 使用算法系统对刑事审判的影响：国际经验
Pakistan Journal of Criminology Pub Date : 2024-06-05 DOI: 10.62271/pjc.16.3.1185.1198
{"title":"The Impact of Using Algorithmic Systems on the Criminal Trial: International Experience","authors":"","doi":"10.62271/pjc.16.3.1185.1198","DOIUrl":"https://doi.org/10.62271/pjc.16.3.1185.1198","url":null,"abstract":"The impact of algorithmic systems on the criminal trial is becoming increasingly relevant in the legal sphere in the context of globalization and the development of digital technologies. The aim of the study is to assess the role of algorithmic systems in improving the transparency, consistency, and objectivity of court decisions at the international level. The research employs empirical methods, including comparison and making statistics. The obtained results indicate a 50% increase in the efficiency of the judicial system when implementing algorithmic systems based on Big Data. The study emphasizes the importance of developing ethical guidelines and regulatory frameworks to prevent bias and abuse. The practical significance is the evaluation of international experience in the application of technologies to ensure the effectiveness and fairness of judicial decisions. The results of the study indicate the importance of integrating algorithmic systems into the judicial process for improving the quality of justice.","PeriodicalId":516769,"journal":{"name":"Pakistan Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141386446","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}
引用次数: 0
Legal Mechanism to Ensure the Sovereignty of a State’s Membership in the EU and NATO 确保欧盟和北约成员国主权的法律机制
Pakistan Journal of Criminology Pub Date : 2024-06-05 DOI: 10.62271/pjc.16.3.1299.1314
{"title":"Legal Mechanism to Ensure the Sovereignty of a State’s Membership in the EU and NATO","authors":"","doi":"10.62271/pjc.16.3.1299.1314","DOIUrl":"https://doi.org/10.62271/pjc.16.3.1299.1314","url":null,"abstract":"This article delves into the analysis of the legal mechanisms used to ensure the sovereignty of member states within the EU and NATO. The research methodology is not just a process but a comprehensive approach that involves analysing both organisations' essential documents and treaties and studying the practical application of legal mechanisms in different member states. The study's practical significance is not to be underestimated, as it aims to formulate recommendations for improving legal procedures that effectively enforce member states' sovereignty, thereby increasing security and stability. The article also highlights the impact of crime as a significant challenge to creating a stable society on peacebuilding and human rights. It covers the experience of EU and NATO member states in implementing and enforcing legal norms to protect national interests and sovereignty.","PeriodicalId":516769,"journal":{"name":"Pakistan Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141382937","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}
引用次数: 0
Changes in the Political Discourse of Eastern European Countries in the Context of the Migration Crisis and Combating Human Rights Violations 移民危机背景下东欧国家政治言论的变化与打击侵犯人权行为
Pakistan Journal of Criminology Pub Date : 2024-06-05 DOI: 10.62271/pjc.16.3.1379.1394
{"title":"Changes in the Political Discourse of Eastern European Countries in the Context of the Migration Crisis and Combating Human Rights Violations","authors":"","doi":"10.62271/pjc.16.3.1379.1394","DOIUrl":"https://doi.org/10.62271/pjc.16.3.1379.1394","url":null,"abstract":"The aim of the study is the analysis of changes in political discourse in the Eastern European countries during the migration crisis and its impact on political decisions. A mixed approach, combining graphic methods, comparative methods, sociological method and content analysis of studies and political texts, was used. The results of the study indicate significant changes in the political discourse during the migration crisis, which are characterized by the formulation of migration as a security threat, the prioritization of national identity, and the rise of populism. The political leaders‘ favour of anti-immigration sentiments reflects the influence of public opinion on policy decisions, while the media have played a key role in strengthening the securitized discourse. The study determines the impact of these changes in discourse on policy decisions, including the adoption of restrictive immigration measures and their consequences for European integration, democratic values, socio-cultural dynamics, and security.","PeriodicalId":516769,"journal":{"name":"Pakistan Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141385688","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}
引用次数: 0
Regulation of Resource Management for Territorial Defense in the Context of Domestic and International Crime: International Legal Experience 国内和国际犯罪背景下的国土防卫资源管理条例：国际法律经验
Pakistan Journal of Criminology Pub Date : 2024-06-05 DOI: 10.62271/pjc.16.3.1333.1348
{"title":"Regulation of Resource Management for Territorial Defense in the Context of Domestic and International Crime: International Legal Experience","authors":"","doi":"10.62271/pjc.16.3.1333.1348","DOIUrl":"https://doi.org/10.62271/pjc.16.3.1333.1348","url":null,"abstract":"The aim of this research is to determine the role and effectiveness of legal regulations used by countries to ensure the legal regulation of territorial defense resources. The models for analysis were based on the historical and legal experiences of Lithuania, Latvia, Estonia, Poland, and Ukraine in the field of legal regulation of territorial defense. The research utilised comparative legal analysis and modeling. The results indicate that the presence of effective legal regulation is critically important for ensuring national security and stability in the face of growing threats from domestic and international crime. The academic novelty lies in the analysis of the structure, mechanisms, advantages, and disadvantages of territorial defense resources using specific countries as examples, considering recent challenges in international and domestic crime. Further research prospects include the development of recommendations and practical measures to improve legislation and the practice of managing territorial defense resources to ensure national security and international stability.","PeriodicalId":516769,"journal":{"name":"Pakistan Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141384381","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}
引用次数: 0
Legal Regulation of Training Territorial Defense Forces to Interact with Law Enforcement Agencies in a Case of Crisis Situations 训练国土防卫部队在危机情况下与执法机构互动的法律规定
Pakistan Journal of Criminology Pub Date : 2024-06-05 DOI: 10.62271/pjc.16.3.1241.1256
{"title":"Legal Regulation of Training Territorial Defense Forces to Interact with Law Enforcement Agencies in a Case of Crisis Situations","authors":"","doi":"10.62271/pjc.16.3.1241.1256","DOIUrl":"https://doi.org/10.62271/pjc.16.3.1241.1256","url":null,"abstract":"The article aims to study the legal regulation of training territorial defense forces to interact with law enforcement agencies in case of crisis situations (in the example of Ukraine). Using techniques of formal-legal methods, analysis of legal acts, and abstract-logic methods, we studied the issues of legal regulation and the interaction of territorial defense forces with law enforcement agencies in case of crisis situations (in the example of Ukraine). Based on the results of the conducted study, it was offered to adopt a regulatory act, which will contain: competence, authorities and liability of law enforcement agencies and TDF in crisis situations; procedures of the interaction of TDF and law enforcement agencies in crisis situations; determination of crisis situations, interactions, methods of work, financing rules and other aspects of interaction. Recommendations formed in the work can be applied in the development of a legal basis for the interaction of TDF with law enforcement agencies in crisis situations.","PeriodicalId":516769,"journal":{"name":"Pakistan Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141385841","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}
引用次数: 0
EIT Law at the Crossroads: Exploring Legal Dilemmas, Freedom of Expression, and Human Rights 处于十字路口的经济过渡期法律：探索法律困境、言论自由和人权
Pakistan Journal of Criminology Pub Date : 2024-06-05 DOI: 10.62271/pjc.16.3.1315.1332
{"title":"EIT Law at the Crossroads: Exploring Legal Dilemmas, Freedom of Expression, and Human Rights","authors":"","doi":"10.62271/pjc.16.3.1315.1332","DOIUrl":"https://doi.org/10.62271/pjc.16.3.1315.1332","url":null,"abstract":"The recent revision of Indonesia's Electronic Information and Transaction Law (EIT Law) brought significant changes, particularly in Articles 27A and 27B, which address attacks on a person's honor or reputation through allegations. While the revisions aim to balance human rights protection and law enforcement in the digital era, the public views them as a missed opportunity to eliminate vagueness and potential misuse. This research employs normative legal methods with statutory, conceptual, comparative, and futuristic approaches. Findings indicate that the ambiguous definitions and potential for multiple interpretations of Articles 27A and 27B negatively impact freedom of expression, creating fear and uncertainty among the public, journalists, and government critics. From a human rights perspective, these articles violate fundamental principles, particularly the internationally recognized freedom of expression. Aligning the law with human rights principles is crucial to protect freedom of expression without compromising individuals' protection from defamation. Therefore, despite the revision reflecting efforts to address digital age challenges, further amendments are necessary to ensure the law meets law enforcement needs while safeguarding human rights and freedom of expression. Balancing individual protection and freedom of expression is crucial to prevent the law from suppressing critical voices and journalistic investigations, which are vital for a healthy democracy.","PeriodicalId":516769,"journal":{"name":"Pakistan Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141383347","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}
引用次数: 0
The Role of Legal Mechanisms in Cooperation between the Police and Local Self-Government in Controlling the Observance of Public Order 法律机制在警方与地方自治政府合作控制公共秩序方面的作用
Pakistan Journal of Criminology Pub Date : 2024-06-05 DOI: 10.62271/pjc.16.3.1269.1285
{"title":"The Role of Legal Mechanisms in Cooperation between the Police and Local Self-Government in Controlling the Observance of Public Order","authors":"","doi":"10.62271/pjc.16.3.1269.1285","DOIUrl":"https://doi.org/10.62271/pjc.16.3.1269.1285","url":null,"abstract":"The purpose of the conducted research was to determine the role of legal mechanisms for monitoring the observance of public order in the context of the interaction of police officers with local self-government bodies. To determine the legal framework for collaboration between the police and regional selfgovernment, formal legal and comparative methods, analysis of legal acts, and abstract and logical methods were used. The forms of interaction between the police and local self-government in controlling the observance of public order are identified in the article, and recommendations for improving such cooperation are formulated. It was determined that in order to improve the proper mechanisms of interaction between police officers and local self-government bodies, it is recommended to adopt a normative document on the legislative consolidation of the mechanism of interaction in the field of public safety and order in ordinary and emergency situations. It is recommended that the responsible entities and mechanisms for monitoring the state of this interaction be identified.","PeriodicalId":516769,"journal":{"name":"Pakistan Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141385546","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}
引用次数: 0
The Legal Framework for the Recovery of Proceeds from Corruption Crimes: Reality and Ambitions 追回腐败犯罪所得的法律框架：现实与雄心
Pakistan Journal of Criminology Pub Date : 2024-06-05 DOI: 10.62271/pjc.16.3.1199.1210
{"title":"The Legal Framework for the Recovery of Proceeds from Corruption Crimes: Reality and Ambitions","authors":"","doi":"10.62271/pjc.16.3.1199.1210","DOIUrl":"https://doi.org/10.62271/pjc.16.3.1199.1210","url":null,"abstract":"Recovering the proceeds looted through corruption crimes represented a necessary matter for the advancement of countries and the development of their economies. Therefore, these countries rushed to establish numerous mechanisms to ensure their right to recover those funds, with the United Nations Convention against Corruption of 2003 at the forefront. The research addressed the effectiveness of those mechanisms mentioned in the United Nations Convention against Corruption in Recovery, and we observed the research that international experiences in recovering funds and proceeds obtained from corruption crimes is a complex and expensive subject, and takes a long time, sometimes reaching dozens of years. This indicates that there is a problem regarding organizing recovery. We concluded that international agreements are still incapable and unable to resolve some of the legal and procedural issues arising from recovery. Hence, the pressure exerted by influential and benefiting countries from corrupt funds has increased the difficulty of achieving a significant result in recovering looted funds. We also concluded the necessity of encouraging entities working to provide appropriate training, practical evidence, studies, and experiences gathered from various successful and unsuccessful recovery cases. This includes urging countries to develop their legislation in line with the requirements of applicable international agreements to ensure the success of anti-corruption measures.","PeriodicalId":516769,"journal":{"name":"Pakistan Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141383676","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}
引用次数: 0
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