Achievement Of Justice Research Articles

The Implementation of Contra Legem Principle in Dividing Joint Assets Post Divorce for Different Contributions Maqasid Shari’ah Perspective

The dividing of joint assets after divorce plays a central role in the achievement of justice. This research explores the case of the dividing of joint assets at the Malang Regency Religious Court; the defendant opposed the claim for joint assets with the argument that the joint assets were realized more by the wife because her father assisted it. This study aims to analyze the judge's consideration in deciding the dividing of joint assets by using the contra legem principle in case number 1786/Pdt.G/2023/PA.Kab.Mlg and its analysis in maqsid shar’ah. This research is empirical research using a descriptive qualitative approach; this research was conducted at the Religious Court of Malang Regency using interview and documentation methods. The results showed that 1). The dividing of joint assets by 70% for the counterclaim defendant and 30% for the counterclaim plaintiff is based on distributive justice that looks at the legal facts in the trial. 2). The maqsid shar’ah analysis confirms that the decision supports the preservation of assets, offspring, and soul in the context of the basic needs of the darriyt. In addition, it provides convenience for both parties without having to start from scratch in the context of hajiyt needs.

مسوغات الحرب في الشريعة الإسلامية: دراسة مقارنة بالقانون الدولي المعاصر

This study aims to identify the reasons that justify the state’s use of military force in self-defense according to Islamic Sharia, in comparison with the justifications in contemporary international law. In this study, we have adopted the inductive method by tracing the particulars related to the topic in their sources, the deductive method in extracting rulings from Sharia and legal texts, and the comparative method in comparing the rulings of Sharia with the law. The study concluded that the justifications for war of various types in Islamic Sharia are limited to two cases: legitimate defense and the achievement of justice. This includes self-defense, repelling injustice, supporting the oppressed who are unable to defend themselves, ensuring freedom of belief, ensuring the safe delivery and dissemination of the Islamic message, cooperating with non-Muslims in fighting a common enemy, and repelling aggression against others. In contrast, international public law limits justifications to cases of legitimate defense and Security Council resolutions, and the use of military force is not justified except in the case of an armed attack. The study also concluded that offensive warfare is considered nothing more than preventive defense.

Juridical Review of Net Revenue Sharing and Profit Sharing Implementation In Islamic Bank

Islamic economic and financial systems are based on the achievement of justice and equitable distribution of economic welfare as well as universal ethical values that can be accepted by various parties. This study aims to determine the legal basis for the application of net revenue sharing and profit sharing methods in Islamic banks. The method used is normative juridical approach, data collection techniques using literature study and field study, data analysis using qualitative normative analysis. The results mentioned that the regulation of net revenue sharing and profit sharing of Islamic banks in Indonesia is contained in Article 26 of Law Number 21 of 2008 concerning Islamic Banking on the operational principles of Islamic banks, DSN MUI fatwa Number 15/DSN-MUI/IX/2000 on the principle of distribution of business results in Islamic financial institutions and PBI Number 7/46/PBI/2005 concerning the collection of funds and distribution of funds for parties carrying out business activities based on sharia principles.

Quality of Corporate Social Responsibility (CSR) Services at Bank Syariah Indonesia (BSI) in 2021 in the Perspective of Islamic Social Reporting (ISR) Index and Maqashid Syariah Index (MSI)

The government issues regulations through Limited Liability Company Law No. 40 of 2007 articles 66 and 74, which states that companies are required to report on the implementation of social and environmental responsibility which is often referred to as Corporate Social Responsibility (CSR). In carrying out its social responsibility, Bank Syariah Indonesia (BSI) must ensure that its operational system meets the benchmarks in CSR. To measure it, it is necessary to have a measuring instrument, namely using the Islamic Social Reporting (ISR) Index and the Maqashid Syariah Index (MSI), to fulfill CSR services to the community. This study aims to analyze the quality of CSR services at BSI 2021 in the ISR Index and MSI Perspective. This research was conducted using a type of library research (Library Research) using a qualitative approach. The validity of the data using source triangulation and data analysis techniques using data reduction. The results of the study show that the quality of CSR services in the 2021 BSI report has carried out CSR in accordance with seven principles including: ethical principles of ethics, principles of caliph protection, principles of honesty and trustworthiness, principles of halalan tayyiban, principles of fairness, principles of authenticity and credibility, and principles of charity. As for the quality of CSR activities specifically based on ISR items on the classification of funding and investment in zakat points, community classification in sadaqah, waqf, qardh hasan points, school scholarships, young generation development, community quality improvement, concern for children, and support social activities. And environmental classification at the point of environmental conservation and empowerment. Meanwhile, the quality of CSR services at BSI is in accordance with the Maqashid Syariah Index and fulfills the principles of individual education, achievement of justice, and public welfare, which are the foundations of this maqashid syariah not implemented by other Islamic banks.

Role of forensic medicine in achieving criminal justice

Noting that the criminal justice system is concerned with the achievement of justice and restoring rights to their owners over the ages and times. Given the development that has taken place in the field of crime and the multiplicity of its forms and colors, and the difficulty of determining its merits by traditional means. Therefore specialists in various sciences have sought ways to solve thorny issues and invest that science to reduce and narrow crime in the service of justice and safeguard rights and freedoms. Since crime is an inevitable issue in different societies in keeping with human development and progress in different areas and levels, reducing it has been one of the major problems for States and individuals. Where states seek to reduce and mitigate their effects by providing security and safety to individuals and groups in order to preserve the safety of their lives, security for their lives and guarantee their right to life. So, specialists have developed more efficient alternatives to curbing crime and reducing its spread.

مبدأ التداول السلمي للسلطة في الدساتير النافذة للعراق ومصر وتونس

Democratic regimes, after several experiments, have come to respect the existing legitimate authority, which took its legitimacy from the people’s election. The basis for the peaceful transfer of power represented a guarantee for the flourishing of democratic norms and traditions in them, because it ensured the achievement of justice among all the major influential political parties that wished to receive power through elections. The principle of peaceful transfer of power is the basic premise for the establishment of a just and equitable political system, through which the establishment of a constitutional state with three authorities independent of each other, a legislative authority that undertakes the tasks of oversight and legislation, a judicial authority with independent judicial power, and an executive authority fully accountable to the two authorities is achieved. Legislative and judicial.

قانون الحماية الاجتماعية رقم (11) لسنة 2014 بين عدل التشريع والتنفيذ

law is a fundamental and effective pillar in the building of society, the law conforms to the system and runs regularly, opportunities are rewarded between people and equal duties and rights, and there is no injustice and justice and equality prevails, but some paragraphs of the law when it is introduced often contradict these principles, it is sometimes a double-edged weapon that benefits on one side and harms another, as is the case in the Law of Social Protection, the basic principle of which is the achievement of justice, equality and fairness, which is one of the laws of the same. Its legislation is based on global developments such as human rights, and is considered a process of amending, repealing or introducing legislation that requires primarily a legislator capable of understanding the social reality in its final minutes in order to come up with a law that simulates reality and expresses the basic need for which it emerged. Keywords : Social protection ، law ، justice

Can the interconnection between public health and social work help address current and future population health challenges? A public health viewpoint

The debate over the function and role of public health in all societies (high, middle, and low-income) still continues today. Public health needs to interact with the social and translational sciences to achieve the best possible scientific evidence and practice aimed at development of effective policies for individual and population health practices. As a field, public health is most suited for development of transdisciplinary education, research and practice—improving population health would entail embedding with a variety of other disciplines including social work. Public health and social work in many ways share the same beginnings as well as their role in advocacy for social and health equity. For this reason, the transdisciplinary profession of public health social work is well placed to develop and build the inter-professional and cross-sectoral collaboration that is needed to address the many health challenges of the 21st century, based on theories, knowledge and interventions from both public health and social work. Furthermore, the profession can help in attempting to close the health inequalities gap, address social isolation, family violence and homelessness, advance long and productive lives, create social responses to the changing environment, reduce economic inequality, harness technology for social good, and work toward the achievement of justice and equality of opportunity.

Inventions of Nemesis: Utopia, Indignation, and Justice

Inventions of Nemesis: Utopia, Indignation, and Justice

The 1960s, Always

The 1960s, Always

Ketika Demokrasi Membutuhkan Inklusi

Democracy is a political tool that aims to reach agreement and produce fair decisions for everyone. However, it seems that not all democratic processes and decision-making involve individuals or groups who are socially in a weak, powerless, and marginalized position. These groups, such as women, the elderly, minority groups, and the poor, find themselves in a disadvantageous situation, while political decisions made through a democratic process also impact and affect them directly. Based on this thought, Iris Marion Young, a modern feminist political thinker, seeks to dismantle the various democratic symptoms that obstruct the achievement of justice for all. One of the main problems Young identified is the attempt by those in power to ignore or override the role of communities that are not in power, thereby preventing them from taking full part in democratic processes and decision-making. Therefore, Young proposes the need to intrude on inclusion in the democratic process, through communication models which she calls communicative democracy.

Douglas Mao, Inventions of Nemesis: Utopia, Indignation, and Justice

‘… Who are you?’ Miss Marple pulled down the mass of pink wool that encircled her head, a pink wool scarf of the same kind that she had once worn in the West Indies. ‘One of my names’, she said, ‘is Nemesis’. ‘Nemesis? And what does that mean?’ ‘I think you know,’ said Miss Marple. ‘You are a very well educated woman. Nemesis is long delayed sometimes, but it comes in the end’. –Agatha Christie, Nemesis One of the points Christie makes in her 1971 novel Nemesis is that with perseverance, justice will eventually be done. The underlying assumption is that justice is driven by indignation in the face of injustice—of something that is, according to Douglas Mao, ‘wrong in the order of things’ (p. 56). The establishment or re-establishment of justice is therefore a given, an ideal, yes, but also an inevitability. Mao’s book, Inventions of Nemesis: Utopia, Indignation, and Justice, argues that this connection between indignation in the face of injustice and the inevitable human endeavour to make it right is the core of the often maligned utopian thought and desire. Mao claims that the focus of commentaries on utopia and utopianism has always been the idea of ‘universal happiness’ and that justice has ‘far more rarely been identified as utopia’s consistent concern’. I am not sure that I agree, but I concur that ‘the achievement of justice is utopia’s essential project’ (p. 5). Ultimately, social and political justice are the pillars of human happiness, or shall we say in the current situation of climate destruction, species happiness.

INSIGHTS: THE CONCEPTUAL FRAMEWORK FOR BUIDING THE WORLD CLASS GOOD GOVERNANCE ETHICS

Good governance without ethics is a corpse. Both must coexist to define morality of behavior be it in individual self or group of people or an organization. The Renaissance gave birth to schools of thought that adopted secularism to define humanity and rights even though the teaching of religions are still an essence for personal aspects of life. Hence, this paper introduces the conceptual framework for building the World class good governance ethics as articulated from the conduct of Prophet Muhammad SAW, who has been recognized as the most influential people in history by Michael H Hart. This conceptual framework will help individual as well as private and public enterprises to seek the essence of moral principles as guidance for good governance ethics. In conclusion, the World class good governance ethics is the conduct of management and behavior within an organization or individual that comply with the principles of faith, accountability, disruptive leadership, integrity, trustworthiness underpinned with the practice of consultation towards the achievement of justice

Pelas mãos das mulheres negras: construindo uma Justiça com equidade

The article evinces the need for the inclusion of Black women in the Brazilian justice system if equitable justice is to be achieved. The intersecting oppressions of race and gender to which Black women have been subjected down through the colonialist, slave-owning history of Brazil are still conditioning Black women’s access to spaces of power, notedly in the Brazilian justice system. Data are presented that illustrate the effects of institutional racism and sexism on justice officials, particularly how the dearth of Black women – the most vulnerabilized social category in Brazilian society – produces a single, white-centric, androcentric interpretation that ultimately makes the achievement of justice a white man’s privilege. From this perspective, Black women find themselves at a kind of intersectional crossroads that, on one hand, reinforces their social vulnerabilities while, on the other hand, it potentializes their ability to foster an epistemological, hermeneutic transformation inside the justice system, aimed at building a system that incorporates gender and race equity.

International Investment Agreements, Human Rights, and Environmental Justice: The Texaco/Chevron Case From the Ecuadorian Amazon

Abstract The Texaco/Chevron lawsuit, which started in November 1993 and is still being litigated in 2020, is a prominent example of the process of judicialization of environmental conflict. The Ecuadorian plaintiffs claim that the oil company’s operations generated ruinous impacts on the environment and on the development prospects and health of nearby individuals and communities. The tortuous and lengthy judiciary process was further hindered by an arbitration process, an Investor–State Dispute Settlement mechanism nested in the Ecuador—United States Bilateral Investment Treaty. The significance of the case goes beyond the specifics of Ecuador and provides further arguments fuelling the protracted legitimacy crisis experienced by International Investment Agreements. The current praxis of Investor–State Dispute Settlement mechanisms is generating an asymmetrical system, protecting the interest of investors, and intruding into the space of human and environmental rights. These issues are resonating with social movements, activist scholars and policy makers who are reacting to the vulnerabilities engendered by International Investment Agreements through multipronged strategies. These asymmetries provide ammunition to resist the signing of new International Investment Agreements, support the inclusion of human and environmental rights safeguards in International Investment Agreements, and contribute to the rationale of pre-empting extractive projects that are likely to produce severe environmental liabilities. Some of the potential ways in which a somewhat more level playing field can be created include, in addition to denouncing investment agreements, transforming Investor–State Dispute Settlement mechanisms towards a format that can also accommodate the complaints of affected communities or enacting moratoria on extraction projects that are prone to adverse socioenvironmental impacts. Both strategies could prove to be productive avenues towards the achievement of justice.

ASAS KEADILAN DALAM SUPLAI MAKAN TAHANAN KEPOLISIAN DAN LEMBAGA PEMASYARAKATAN DIHUBUNGKAN DENGAN UNDANG-UNDANG NOMOR 36 TAHUN 2009

This study aims to find out and analyze the mechanism of procurement of food supplies, and the achievement of justice for prisoners of the Police and Penitentiary. The research method used in this study is normative juridical research. The results of this study are: 1) The mechanism of procurement of prisoner food supplies Police and Penitentiary, has sought to fulfill the right of prisoners to food in accordance with applicable standards and also Minister of Law and Human Rights regulations Number M.HH-01.PK.07.02 of 2009. This can be seen from timely food supply and is served three times a day by the Police and Penitentiary even though the menu presented is less varied when viewed from nutritional adequacy figures due to budget constraints, 2) Procurement of goods and services in the field of eating food of police and Penitentiary detainees to achieve justice, the authority of the Budget User Authority (KPA) during the process of auctioning prisoner food ingredients. So based on its authority, KPA has used its authority during the process of auctioning prisoner food ingredients, the legal arrangements for delays in obtaining prisoner food suppliers in the following fiscal year have no clear legal instruments so KPA has taken its own initiative in procuring prisoner food ingredients.

The impact of the transformation of the justice system on ensuring the independence of judges, prosecutors, and investigators

The article examines the transformation processes of the domestic justice system over the past thirty years. The influence of structurally applied modifications of the system on its intangible aspects (independence, internal conviction, freedom of assessment, etc.), contributing to the administration and achievement of justice, is evaluated. Particular attention is paid to the study of the impact of justice reforms on the independence of its institutions and representatives because without guarantees and a state of independence, justice loses its meaning and turns into its opposite. According to the results of the study, it was revealed that organizational and structural measures to ensure the independence of the main subjects of legal proceedings were not complex, individual, and local in nature. The restructuring of the investigating authorities and the prosecutor’s office in 2007–2019, as well as the modification of the judicial system, were aimed at minimizing interdepartmental and interinstitutional dependence. However, the transformations did not affect the aspect of ensuring intra-departmental and intra-institutional independence of their subjects. As a result, the administrative dependence of an ordinary employee of the justice system in regard to his immediate supervisor remained at the same level. An assessment of the shortcomings of the reform made it possible to predict that the structuring of the justice system in the short and medium term will not lead to increased independence of investigators, prosecutors, and judges as a key and expected result. Ultimately, it will be reflected in the fact that for a long time these representatives did not subordinate to the law, but conversely they were placed in a position controlled by higher management and taught to properly comply with requirements.

Current Meanings of the Legal Culture Concept and the Question of Truth Regarding its Elements

The article introduces and approach of the philosophical concept of legal culture from the perspective of a global vision on the structure and evolution of society as a whole, of the legal life as part of it. In this context, the underlined idea is that the sphere of legal culture contains, in addition to the knowledge of law - the information from the field of legal sciences, elements of common knowledge, beliefs, attitudes, mentalities, legal norms, traditions, the active customs in the operation and enforcement of laws, the functioning mechanisms of state institutions in connection with the behaviour of social action agents: natural persons and legal persons. The anatomy of the legal culture is analyzed, highlighting the idea that its core is the legal knowledge, the scientific information in the field of law, which contains truthful and verified assertions. The article questions the truth of the components of legal culture, starting from the premise that judicial systems that violate the truth are incapable of producing justice. The act of justice is guided entirely by the truth, by truthful information. The achievement of justice and equity in society, the efficient functioning of the judiciary depends, not as much on the level of development of legal knowledge, the law sciences, but on the unity and functional coherence of the legal culture subsystem in its entirety.

PERKAWINAN POLIGAMI DI WILAYAH HUKUM PENGADILAN AGAMA KOTA PADANG (MEKANISIME PEMBERIAN IZIN, DASAR HUKUM, SYARAT-SYARAT POLIGAMI DAN PELAKSANAANYA)

Marriage between a man and a woman is known as monogamous marriage, but there is also a form of marriage known as polygamous marriage. In a polygamous marriage institution a man is bound to marriage with many women as his wife. The Marriage Law provides that a court may grant a husband permission to have more than one wife if desired by the concerned public authorities. This paper is the result of the author's research on licensing and the mechanism of polygamy in the jurisdiction of Religious Courts of Padang City. From the results of research, it can be concluded that the perpetrators of polygamy registered in the Religious Court of Padang City is very little, while the polygamy requirement is the existence of permission from the Religious Courts, the application for permission in the Religious Court of Padang City meets the syarta which has been specified by applicable laws and regulations, which form the basis of judges' consideration in deciding cases of polygamy permits, the achievement of justice from polygamy actors, the fulfillment of administrative procedures for the application of polygamy permits, the protection of the interests of each party, the factors of equality and economic factors of the perpetrators polygamy. The judge will accept a polygamy permit application if the basics of the consideration are met.

Monarchy, Home and Nation in Scott’s The Fortunes of Nigel and The Heart of Mid-Lothian

ABSTRACTFor all their differences, Scott’s The Fortunes of Nigel and The Heart of Mid-Lothian have distinct similarities. Each has a morally upright protagonist and is set some years after a Scottish-English union has been effected. More important is that each depicts a journey from Scotland to England in search of justice at the monarch’s hand and, inseparably from that, the establishing of a secure domestic space – the creation of a home – that emblematises the concept of successfully co-existent English and Scottish cultural identities. Both novels are thus specifically concerned with the achievement of justice in Scotland by the then-British monarch located in England. The Fortunes of Nigel, set in the reign of James I, considers the factors – personal, political, theological and social – arguably contributing to the overthrow of Charles I’s sovereignty and the establishment of the Interregnum. The Heart of Mid-Lothian considers questions of rebellion and societal injustice within the framework of the Hanoverian dynastic rule over Britain, after the English Revolution and the Glorious Revolution. In that context of political upheaval, what is of particular interest is therefore the exploration of what could be called the continuum between home and nation in the two novels: the experiences of an insecure domestic space and of an unstable national identity by members of two different social classes, in two different historical periods, under two different yet sequent monarchies.