Law Books Research Articles

Barbarous Crimes in the 21st Century in Nigeria: The Position of Nigerian Legal Constitution on the Menace

The rate by which crimes and atrocities are committed by the Nigerians especially since the inception of the 21st century is soundly alarming and gradually affecting the peaceful coexistence in Nigeria. It is pathetic that the menace is almost put the youths into misbehavior in the attempt at pursing their livelihood or become rich in life. Based on this background, this paper attempts at dilating the issue of criminals being committed which having to do barbarous crimes that are rampant among Nigerians. Crimes such as homicide, banditry/kidnappings, human trafficking, human rituals/sacrifices, armed robbery, cybercrimes/yahoo, are discussed in this paper. Equally, we dilate on the position Nigerian legal constitution on these crimes. In the course of findings, there is discovery that the menace or crime is increasing in Nigeria society, and the major problem that constitute to it in Nigeria has to do poverty, unemployment, drug abuse, avarice, as well as improper implementation of law etc.. The method applied in this research is quantitative research design. This method deals with discussing the issue in convergent reasoning in a spontaneous way and free flowing manner rather than divergent reasoning. The research makes use of law books, journals, and some other materials on crimes. The paper concludes that a lot of factors are contributed to the felony in Nigeria, such as poverty, unemployment etc. Nevertheless, if proper implementation of law of criminal matters are taken care in Nigerian legal system, the problem of crimes would drastically reduce or totally ameliorated and the nation would achieve emancipation and liberation from the current tragedies.

Kedudukan Hukum Justice Collaborator dalam Sistem Peradilan Pidana di Indonesia

Justice collaborators play an important role in law enforcement. The role or function of a justice collaborator includes disclosing a criminal act or the impending occurrence of a criminal act, so that the return of assets resulting from criminal acts can be achieved to the state, providing information to law enforcement officials, providing testimony in the judicial process. The aim of this research is to analyze the legal position of justice collaborators in the criminal justice legal system in Indonesia. This research uses a type of normative juridical research by analyzing primary, secondary and tertiary legal materials. The results of the research are that the legal position of justice collaborator has a very important role in uncovering a well-organized criminal act, or a particular criminal case, so that the suspect or defendant's request to become a justice collaborator must be granted. considered based on the evidence at trial in this case. It is within the judge's authority to grant the justice collaborator's request, because this will affect the sentence. In conclusion, justice collaborators are not regulated in the criminal procedural law book in Indonesia, but are regulated in Law Number 31 of 2014 concerning Protection of Witnesses and Victims, as well as Joint Regulations for Law Enforcement Officials and Witness and Victim Protection Institutions concerning Protection of Witnesses and Victims. Complainant, Reporting Witness and Perpetrator Witness Working Together.

Legality and Proof of Unwritten Agreements from a Civil Law Perspective

Introduction: Making agreements in Indonesia can be done in written and unwritten form. This is in accordance with the principle of freedom of contract in the Civil Code. Unwritten agreements are also very often carried out in the business world because they are more efficient. However, unwritten agreements are problematic because they are very difficult to prove in civil court.Purposes of the Research: There are 2 (two) objectives in this research, namely first, to analyze the legal strength of unwritten agreements from the perspective of civil law books and second, to analyze evidence in civil courts for cases of breach of contract in unwritten agreements. Then to find the right legal solution in resolving default problems in civil court.Methods of the Research: The research method used in this research is normative juridical. This method uses literature study techniques. The type of data used comes from primary data, namely the Civil Code and legal principles, namely freedom of contract. then the secondary legal material used is in the form of previous research articles which examine the validity of unwritten agreements.Results of the Research: Based on the research results, it was found that unwritten agreements have binding legal force. However, in reality it is very difficult to prove it in court because evidence in civil law comes from written letters. Therefore, the solution that can be offered is the need for preventive and repressive legal efforts.

Advancing Pakistan's Criminal Investigation System: Embracing Modern Practices

This research paper is an attempt to understand and review the prevailing criminal investigation system and the criminal investigation procedures in the context of Pakistan.It also aims to analyze the modern techniques of criminal investigation being used around the globe and focus on remodeling the investigation system of Pakistan based on modern-day techniques and scientific instruments. The study employed qualitative methodology. Field research, surveys, different principles, approaches, and backgrounds used in the research were derived from assessments of law books, reports, newspapers, journals, and articles. A comparative analysis between one of the modern-day investigation systems, i.e., the United States, is drawn so that a better idea could be obtained of how the investigation system can remodel, based on modern trends and what loopholes need to be addressed. The findings provide insights that can be constructive for reforms and the growth of criminal investigation in Pakistan using modern and scientific techniques.

The Crime Of Elder Abuse According To Criminal Law Law

The aim of this research is to analyze the factors causing abuse by biological children against their parents and the judge's considerations regarding the decision in case Decision Number 421/PidSus/2020/PN.Tgn. This research method uses a normative juridical research approach by reviewing statutory regulations, law books and Islamic law books related to the research focus. The research results show that the factors behind the abuse of biological mothers are economic, family, social environment and social jealousy. Based on the considerations of the judge at the Tangerang District Court with Decision Case Number 421/PidSus/2020/PN.Tgn. Regarding criminal cases, we have referred to legislation no. 23 of 2004 concerning the Elimination of Domestic Violence. However, in terms of justice, the punishment given was not fair for the victim who had been treated badly by his own biological child.

X. „Eycke von Repkow war kein Revolutionär“ – Festrede von Hilde Benjamin am 28. Juni 1959 im Eike-von-Repgow-Dorf Reppichau

Summary The village Reppichau in Sachsen-Anhalt, situated near the towns Dessau, Köthen and Aken (former principality of Anhalt), is closely connected with Eike von Repgow – the author of the most famous mediaeval German law book “Saxon Mirror” (Sachsenspiegel). The law book was written by him between 1220 and 1235. Based on this fact, representatives of science, politics and justice periodically organized in collaboration with the villagers anniversary celebrations, for example 1934 (700st year of the death of Eike von Repgow) and 1959 (800st year of the first documented mention of the village Reppichau). So it happened that the minister of justice of the German Democratic Republic (GDR), Hilde Benjamin (1902–1989), held a keynote speech in Reppichau on 28 June 1959. She was one of the leading representatives of the ruling Socialist Unity Party of Germany during the early years of the GDR. She became famous as a presiding judge in political show trials with court rulings including exceptionally harsh punishments up to the death penalty. This women, who was also known as “Red Hilde” or “Bloody Hilde”, used the opportunity of her speech in Reppichau in order to integrate Eike von Repgow, the Saxon Mirror and the villagers into the ruling ideology of the early GDR. Furthermore, she attacked the NATO in general and the Federal Republic of Germany in particular with propaganda phrases. The text of this speech, representing an interesting example of contemporary legal history, is edited here for the first time based on an original copy.

Ergänzungen zu „Deutsche Rechtsbücher des Mittelalters und ihre Handschriften“

Summary This article presents newly discovered manuscripts and single leaves of German-language customary law books. It describes variations to the manusripts and single leaves listed in U.-D. Oppitz, “Deutsche Rechtsbücher des Mittelalters”, vol. II, Cologne 1990.

Embryo Donation Law in Iran and Some Challenges in Determining the Rights of Donated Children: A Review

Islamic Republic of Iran has provided a legal framework for embryo transfer so that fertility becomes possible with third party intervention. The use of this method of fertility as well as its effects and rules are subject to cultural, social and religious factors. The brief nature of the embryo donation law indicates the lack of adequate measures for the child’s future. The present study aimed to review the embryo donation law in Iran and some challenges in determining the rights of the child. This study employed a library, descriptive and analytical method and is based on Shia jurisprudence and law books. By using the keywords of “Donation, Alimony, Custody, and Inheritance”, various aspects of the embryo donation law have been investigated. Article 3 of the Embryo Donation Law considers the duties and responsibilities of the couples who donate the embryo and the born child in terms of maintenance, alimony and being mahram[1], similar to the duties and responsibilities of children and parents. However, the important issues of lineage and inheritance are not considered. Neither it elaborates compliance with the principle of confidentiality and the non-identification of the genetic parents, the coercive guardianship of the father, and the prohibition of marriage (being mahram). There is neither enough clarity about the method of evaluating the recipient couple’s moral competence, the limit of the number of gamete donations, alimony, or custody. It is necessary to explain the kinship and genetic inheritance, amend birth certificate registration law, specify the rejection of anonymity to prevent the phenomenon of mixing lineage based on Shia jurisprudence, or to add new materials to this law.

TINJAUAN HUKUM ISLAM TERHADAP PENYALURAN ZAKAT MELALUI LEMBAGA AMIL DI INDONESIA

This article examines the analysis of zakat distribution through amil zakat institutions in Indonesia from the perspective of Islamic law. The phenomenon that occurs is that communities prefer to distribute zakat directly to mustahik, this is influenced by several factors such as religiosity where individuals feel more inner satisfaction if they meet directly with mustahik. This phenomenon needs to be studied how Islamic law views the correct distribution and management of zakat according to sharia. The research purpose is to provide knowledge for readers regarding the law of distributing zakat through amil institutions. This article uses literature research. The data used consists of primary data, namely books that discuss zakat. Second, secondary data in the form of law books and laws. Third, relevant journals. Data collection techniques by analyzing all data then draw conclusions. The result of this research is that zakat must be channeled through an institution so that it can be managed properly. The explicit command of zakat management can be found in verse 103 of Surah at-Taubah. The explanation of Qurtubi's interpretation shows the obligation of zakat to be managed by people who are trusted for it, which in Qurtubi's term is referred to as intermediaries. the need for zakat managers who work to ensure that zakat is received correctly, and especially distributed correctly to the rightful people. The Hadith narrated by Bukhari also emphasizes the importance of zakat management. The word tu'hdzu in the hadith requires zakat to be managed by appointed officials, not paid directly to individuals. So it can be concluded that the distribution of zakat through an amil institution is very mandatory so that zakat management can be managed properly and right on target and in accordance with the objectives of the implementation of zakat.

Tinjauan Yuridis Putusan Pengadilan Agama Stabat No.1062/Pdt. G/2015/PA.Stab Tentang Pembatalan Hibah Perspektif Teori Keadilan

This study aims to analyze the decision of the Religious Court Stabat No.1062/Pdt. G/2015/PA.Stab regarding grant cancellation. This study uses a statutory and conceptual approach. The data sources used are primary data sources consisting of decisions from the Religious Courts, compilations of Islamic law, books of civil law laws, compilations of sharia economic laws. Meanwhile, secondary sources of law consist of books of Islamic jurisprudence, law books, and scientific journal articles. The results of this study indicate that the panel of judges examining cases of disputes over the cancellation of grants uses article 35 paragraph 1, article 36 paragraph 1 of law number 1 of 1974 concerning joint property and article 1338 of the Civil Code regarding agreements/agreement, thus ignoring the article regarding the permissibility of withdrawing a grant object even though the grant is without the approval of other heirs. The panel of judges should ideally be guided by the concept of Maqasid Syari'ah, namely maintenance of property and offspring. Thus, it can avoid negative impacts that will occur in family ties, such as the relationship between parents and their heirs. However, according to Hans Kelsen's theory of justice, the legal considerations made by judges in deciding cases of cancellation of grants are inconsistent in terms of the application of the legal system in force in Indonesia because according to him a sense of justice has not been fulfilled for justice seekers.

SENGKETA PEMBATALAN HIBAH DI PENGADILAN AGAMA STABAT DITINJAU DARI MASLAHAH

This study aims to examine the considerations of religious court judges in examining and deciding grant cancellation disputes. This study will analyze the decision of the Religious Court regarding the cancellation of grants in terms of maslahah. This study uses qualitative normative legal research. While the approach used is statutory and conceptual approach. The data sources used are primary data sources consisting of decisions from the Religious Courts, compilations of Islamic law, books of civil law laws, compilations of sharia economic laws. Meanwhile, secondary sources of law consist of books of Islamic jurisprudence, law books, and scientific journal articles. The results of this study indicate that the panel of judges examining cases of disputes over the cancellation of dominant gifts applies article 35 paragraph 1, article 36 paragraph I law number 1 of 1974 concerning joint assets and article 1338 of the civil law code concerning agreements/agreement, thus ignoring Article regarding the permissibility of withdrawing the grant object even though the grant is without the approval of other heirs. Meanwhile, according to the theory of maslahah initiated by al-Ghazali that the decisions of the Religious Courts made by the panel of judges are ideally to realize the concept of maqasid sharia, namely maintenance of property and offspring. Thus, it can avoid negative impacts that will occur in family relationships, such as the relationship between parents and their heirs. However, according to Hans Kelsen's theory of justice, the considerations made by judges in deciding cases of cancellation of grants tended to be inconsistent in the application of the applicable legal system, so that according to him, the intended sense of justice had not been fully fulfilled.

Magister Gratianus tanítása a házassági akadályokról

Many legal scholars have examined the question of how to reconcile Gratian’s willingness to use both the Justinianic and the pre-Justinianic Roman law that he found in his sources with his apparent unwillingness or inability to use Justinian’s Roman law books at first hand. This paper focuses on another root of European legal culture, the Judaeo-Christian legal heritage. It addresses the question to what extent Gratian’s concept of marriage, based on a contemporary interpretation of the marriage of Mary and Joseph based on the decision of the Council of Ephesus (431), contributed to the clarification of the system of marriage impediments in 12th century canon law, and to what extent the magister used arguments based on biblical passages to do so. The canon law from the early Middle Ages allowed a husband to divorce his unfaithful wife, while the Western Church of Gratian’s age opposed the dissolution of the marriage bond and only recognised the possibility of separating the spouses from bed and table. Therefore, the significance of the subject lies primarily in the fact that in the case of some impediments to marriage the magister saw the possibility of dissolution of the unconsummated union (a so-called initiated marriage) and, in a few, not common cases of the consummated marriage too. The principle of indissolubility, although annulment and dissolution of marriage are different legal instruments, was not necessarily applied in this period either. However, Gratian’s particular concept of marriage and his legal explanations of the impediments to marriage contributed significantly to the fact that the only ground for divorce mentioned in the Gospels, adultery, could not lead to the dissolution of the bond. In the 16th century, Protestant divorce law was primarily a reaction to this understanding, and also the Catholic teaching on the impediments to marriage continued to evolve, formally still adhering to the principle of indissolubility.

Domestication and Foreignization Translation Strategies Used in Nepali Constitution

This research examines the domestication and foreignization translation strategies used in the Constitution of Nepal 2015 analyzing official and unofficial translations of the constitution. How these translation strategies have been used to convey the source language (SL) message to the target language (TL) readers despite the linguistic and cultural differences is searched. The corporate author’s official translation of the Law Book Management Board (LBMB) and the unofficial translation by the International Institute for Democracy and Electoral Assistance (IDEA) have been used to collect, analyze, and interpret data. Venuti’s translation theory of domestication and foreignization is used for the theoretical framework. The objective of this research is to find the effectiveness of these two strategies for the translation of the Nepali constitution. This research finds both the domestication and the foreignization translation strategies have been used in parallel for the translation of the Constitution of Nepal 2015. It concludes that using both strategies simultaneously as complements of one another increases the comprehensibility of the translation.

Enforcement of the Criminal Act of Letter Forgery on Article 263 Criminal Law Book (KUHP)

Enforcement of the Criminal Act of Letter Forgery on Article 263 Criminal Law Book (KUHP)

Systematization of Ukrainian customary law: historical-legal aspect

The article is devoted to the historical-legal issues of research the systematization of the Ukrainian people's customary law. It was found that the systematization of customary law is a type of systematization of law and can be carried out both by incorporation and codification. Legal customs were recorded and placed in a collection in case of their incorporation. Instead, during codification, customary norms were adapted to the requirements of the form, structure and content of the legislative text. In contrast to simple written fixation, in the course of codification, the legislator had the opportunity to change, narrow or supplement the content of the norm of customary law. Customary law as a codification material played an important role in the process of formation legislation on Ukrainian lands. Norms of customary origin are present both in monuments of Ukrainian law and in low-known acts of local authorities. Based on the existing legal customs in society, the legislators intended to create a law that corresponded to the reality of that time. By studying the texts of ancient laws, there is an opportunity to discover the content of legal customs that were in effect before their adoption. On the other hand, the identification of provisions of the law, which have a customary origin, with legal customs is incorrect and does not correspond to the nature of this phenomenon. Legal customs, which were codified, were transformed into legislative prescriptions. The historical-legal research of the systematization of Ukrainian customary law has a number of problems. First, it is difficult to determine in which case the transformation of a norm of customary law into a provision of the law took place, and in which case - a record in the law book. After all, in ancient times, laws often resembled such law books or were de facto them, had a casuistic and fragmentary character. Secondly, it is sometimes impossible to prove that the corresponding provision of the legislation had a customary origin. Even if this is possible, there are difficulties in proving that this is a norm of the customary law of the Ukrainian people, and not of another nation. As we know, the legal customs of neighboring (and sometimes distant) peoples are often similar or even identical.

Theoretical and legislative approaches to the use of certain terms and concepts in the field of environmental safety

The scientific article highlights the legislative and theoretical approaches to the use of certain terms and concepts in the field of environmental safety, on the basis of which proposals are made for their optimal use in the relevant normative legal acts and in scientific circulation. It is noted that the stability of information and legal support, including in the environmental sphere, is possible subject to the unification of legislative terms, a clear normative consolidation of their content in order to have the same understanding and application in practice. It is concluded that the identification of the concepts of “ecology” and “environment” is erroneous, because “ecology” is that part of it that concerns the natural component of the environment. In this regard, as well as in view of the need to bring national legislation to international standards in the sphere under study, it is more appropriate to use the synonymous term “environment” for the concept of “environment,” which would cover not only the natural component, but also the habitat of mankind as a whole. Arguments are given that the most acceptable title of the relevant section (Book) of the future criminal law, which would take into account the content and meaning of the terms used in it, characterizing first of all the generic object of criminal offenses in the studied sphere, is the title “Criminal offenses against nature and environmental safety.” Such a structural unit of the Special Part of the Criminal Code of Ukraine should contain both criminal offenses against environmental safety and torts against the environment, which are actually identified with criminal violations against the use of natural resources. After all, individual acts in this area can encroach both on relations against environmental safety and on the order of use of the state’s natural resources, while directly or indirectly affecting public health.

Harmony of Law and Religion: A Maqāṣid Ash-Sharī'ah Analysis of Marriage Registration According to the Fiqh and Law No. 1/1974

In an effort to regulate marriage and reduce the practice of underhand marriage (sirri) in Indonesia, the government has imposed two requirements: material and administrative requirements. Material requirements include provisions related to the pillars of marriage, both those stipulated in fiqh and the law. Meanwhile, the administrative requirements relate to marriage registration, which is regulated in Article 2 paragraph (2) of Law No. 1/1974 on Marriage. The procedure for this recording is explained in Government Regulation Number 9 of 1975. The addition of marriage registration as a condition of marriage has caused controversy among Indonesian legal experts. This controversy is caused by the interpretation of Article 2 paragraphs (1) and (2) of the Marriage Law, as well as differences in the concept of walīmah and Surah Al-Baqarah (2): 282, as well as the necessity of recording in the field of muamalah. This research is a literature research that uses literature study as the main source of data. This data collection method includes primary, secondary, and tertiary data, with a descriptive-analytical and comparative approach. The analysis involves the concept of marriage registration in the Book of Jurisprudence and Law No.1/1974 as well as the urgency for the perpetrators of underhand marriage using maqāṣid ash-sharī'ah analysis. The results show that marriage registration in the Book of Jurisprudence and Law No.1/1974, by applying maqāṣid ash-sharī'ah analysis, shows that the command to register marriage is implicit in the Book of Jurisprudence and explicit in the UUP. Marriage registration, especially for perpetrators of irregular marriages, is in accordance with the objectives of syarak. A marriage certificate can protect religion, soul, mind, offspring, and property before the law, ensuring the benefit of the household (harmonious and lasting family) is achieved.

Akibat Kealpaan Pemilik Lahan Yang Memasang Aliran Listrik

Introduction: In criminal law, willfulness (dolus) is the desire and understanding that an action and its consequences occur, while negligence (culpa) is unintentional where caution is required of everyone, so as not to result in negligence resulting in death.Purposes of the Research: The purpose of this study is to discuss and analyze the consequences of the negligence of the land owner who installed electricity resulting in the death of people.Methods of the Research: By using normative juridical legal research methods (legal research). Type of descriptive analysis research. The problem approach consists of a statute approach, a conceptual approach, and a case approach. Sources of legal materials consist of: a) primary legal materials, namely the book of criminal law (KUHP), b) law number 30 of 2009 concerning electricity. Secondary legal materials, namely: doctrines, legal literature theories, research results and scientific articles. Tertiary legal materials are legal dictionaries, Indonesian language dictionaries, and websites. The collection and analysis of legal materials is to collect data, compile it methodically and then analyze it qualitatively to get clarity about the problems at hand.Results of the Research: The results of this study are that due to the negligence of the land owner who installs electricity which results in the death of people, it can be categorized as a crime, where due to negligence or negligence the perpetrator flows his garden fence with high-voltage electric current and does not return to turn off the electricity in succession. Consecutive for two days, and did not notify the local community so as to result in the death of someone. Criminal liability of perpetrators of criminal acts of negligence resulting in the death of another person is regulated in Indonesian positive law regulated in Article 359 of the Criminal Code (KUHP) which restrictively reads: "Anyone who because of his mistake (negligence) causes another person to die, is threatened with the death penalty. Imprisonment for a maximum of five years or a maximum imprisonment of one year”.

Law of Contracts in Late Antique Persia

The article is about private law contracts and their social, economic, and religious background in Sasanian Persia (224–651) before the advent of Islam. After a brief introduction to the sources and research method, the paper examines Zoroastrian moral teachings about obligations in general and contractual obligations in particular. To emphasise the religious background, the Avestan hymn to Mithra and the Vendidad are scrutinised which have a classification of contracts and a pyramid of sanctions for their breach. The second part of the article analyses private law contracts, which can be found in the Sasanian Law Book called Madigan I Hazar Dadestan, such as sale, barter, donation, lease, and loan, together with legal guarantees such as surety and pledge. In addition to legal dogmatics, attention is also paid to gaps in the law and the opportunities they provide for parties to achieve unlawful ends with legal means, as well as the prudence of Sasanian lawyers and how they stopped such abuses of the law.

DAMPAK PUTUSAN MAHKAMAH KONSTITUSI NO. 46/PUUVIII/2010 TERHADAP HUKUM PERKAWINAN DI INDONESIA

The Constitutional Court has handed down the decision No. 46/PUU-VIII/2010 which brings a new paradigm in the family law system in Indonesia. Acceptance of judicial review of Article 2 paragraph (2) and Article 43 of Law no. 1 of 1974 concerning Marriage resulted in a decision stating that a child out of wedlock not only has a civil relationship with the mother and her mother's family, but also with her biological father as long as it can be proven by science and technology. The decision amends Article 43 paragraph 1 of Law no. 1 of 1974 concerning Marriage and reaped a lot of controversy. Most of the community stated that the decision legalized adultery. Therefore, the author raises the issue of the implications of the decision of the Constitutional Court no. 46/PUU-VIII/2010 on marriage law in Indonesia. The results of the discussion show that the decision has no effect on the provisions for registration of marriages as regulated in Article 2 paragraph (2) of Law no. 1 of 1974 concerning Marriage. However, it has big implications for the position of children born out of wedlock. Children born out of wedlock have the same rights as legitimate children, namely having kinship relations with biological fathers, maintenance, marriage guardians, and inheritance. The type of research used is library research using normative-juridical and juridical-sociological approaches. Sources of data were extracted from written materials such as legal texts such as law books, statutory regulations, compilations of Islamic law and journals relevant to the problems the authors discussed.