Concept Of Justice Research Articles

Design of Election Criminal Enforcement Through A Restorative Justice Approach in Nort Sumatra

The large number of cases of suspected election crimes at every stage of the elections in Indonesia are not balanced with a fair law enforcement design and legal certainty. The establishment of the Integrated General Election Law Enforcement Center (Sentra Gakkumdu Pemilu) apparently did not have a significant impact in effectively prosecuting perpetrators of election crimes. This research aims to examine the design of law enforcement for election crimes and analyze the application of the concept of restorative justice as an approach to law enforcement for election crimes. The results of the research, firstly, are that the complexity of the law enforcement mechanism for election crimes causes the number of reports of election crimes submitted by the public to election supervisors to be meaningless. Second, that the current law enforcement design for election crimes still prioritizes punishment, even though law enforcement prioritizes the principle of ultimum remedium in its implementation. The absence of legal loopholes in prioritizing the concept of restorative justice in enforcing election criminal law is an obstacle for the Gakkumdu Center in enforcing election criminal law. The large number of cases of suspected election crimes that occur while the resolution time is relatively short makes it difficult for law enforcement to promote election crimes to promote justice and legal certainty. So there is a need to design technical regulations in implementing restorative justice in handling election crimes in the future.

Innovation in Distribution of Wealth Through Zakat: Building Shared Prosperity by Applying Tafsir Qs. At-Taubah Verse 60

Whether it is recognized or not, there are many things in society problems related to the economy,especially not equal distribution of income between one group and another others that cause social and economic disparities.To overcome this problem, zakat is the obligation of every Muslim for those who have fulfilled the requirements to accomplish this, become an alternative solution for overcome this problem. In this case distribution Zakat funds are the most important part of building shared prosperity. But in this era of globalization of course. The distribution of zakat requires new innovations through application of QS interpretation. at-taubah verse 60 effectively, efficiently and relevant to the development of the times by doing various collaborations and modern distribution models. Tree The discussion in this article is the application of QS interpretation. At-Taubah verse 60 which emphasizes the concept of caring, justice and economic equality by combining new innovations to create a more effective system in building economic prosperity, of course can be realized by applying eight groups mustahiq who has the right to receive and utilize funds zakat.

Project LISTEN: Foundations and Development of a Peer Empowerment Program for Caregivers of Children with Variations of Sex Characteristics

AbstractNearly 2% of the population is born with intersex traits or variations of sex characteristics (VSC). Marginalization of people with VSC whose experience of social isolation and stigma can lead to mental health challenges and low degrees of medical and self-empowerment. Infants and children with VSC rely on caregivers to make decisions which impact their medical and social-emotional wellbeing. Interview recordings were analyzed using Interpretive Phenomenological Analysis (IPA) and generated four preliminary themes that will be used to develop a logic model to inform the development of a novel peer-empowerment intervention: (1) the isolating and overwhelming experience of learning about child’s VSC; (2) caregivers desire early access to education and information; (3) connecting with peer support provides reassurance and lessens stigma; (4) developing skills of communication and advocacy help empower parents. Features of post-traumatic growth were endorsed by caregivers. In partnership with an advisory group of stakeholders, findings from this study will be used to develop a logic model of the psychological, social, and environmental determinants that our intervention will target to improve health and quality of life outcomes for new parents of children with VSC. Project LISTEN (Let Intersex Stories Teach, Enlighten, and Nurture) applies the concepts of epistemic justice and health liberation to support, educate, and empower caregivers of children with VSC. Clinical social workers are ideal champions for peer empowerment programs that work to develop critical consciousness in those who have been socially marginalized.

URGENSI PENAMBAHAN MASA JABATAN PIMPINAN KOMISI PEMBERANTASAN KORUPSI PRESPEKTIF HUKUM TATA NEGARA

This research aims to find out what is behind the increase in the term of office of the leadership of the Corruption Eradication Commission in Indonesia. Also, the urgency of increasing the KPK's term of office is viewed from the perspective of constitutional law. This research is normative legal research that uses a case approach with data collection methods through literature study. Based on the research, the results and conclusions obtained are related to the Constitutional Court decision Number 112/PUU-XX/2022 regarding the term of office of the KPK leadership proposed by Nurul Ghufron as deputy chairman of the KPK for the 2019-2023 period. The reason for the request is related to the applicant's age when he was appointed, 45 years old, and when his position ended, he was 49 years old. So he cannot nominate himself as KPK leader for the next period as stated in Article 29 letter (e) of Law Number 19 of 2019. Also, the term of office for KPK leaders is 4 years for re-election for one period in Article 34 of Law No. 30 of 2002 is considered discriminatory regarding the terms of office of heads of other independent state institutions. The applicant feels that his constitutional rights have been violated due to injustice, discrimination and legal uncertainty. This decision is considered not urgent and is not in accordance with the concept of constitutional theory, justice and legal certainty. The age restriction setting is an open legal policy. And increasing the term of office of the KPK is not urgent considering the performance and achievements of the current KPK leadership. Keywords: Urgency of Term of Office, Corruption Eradication Commission, Constitutional Law

Exploring The Qur’anic Narrative’s Punishment of Lūṭ’s Tribe: A Comparative Study of the Similarities Between Their Sins and Suffering

This article explores the complex relationship between the wicked actions of Lūṭ’s community, as described in the Qur’an, and the particular type of retribution, known as ‘adhāb, that they experienced. The study used a qualitative research approach to thoroughly examine the Qur’ānic passages, aiming to reveal subtle connections between crimes and divine punishment. This research enhances comprehension of the concept of divine justice as depicted in the Qur’an by utilizing the theoretical framework of the theory of retribution, provided in a thematical explanation. The inquiry delves into the causality of the ‘adhāb as an effect of human transgressions, and in the study of Lūṭ’s narrative, there are various torments bestowed. The findings not only reveal historical and moral lessons embedded in the account of Lūṭ’s tribe but also offer a methodological framework for examining comparable narratives in the Qur’ān. This study seeks to prompt debates on the deep correlations between human behavior and divine repercussions, enhancing understanding of Islamic scriptures’ ethical and spiritual lessons.

Restorative Justice Policy on the Reduction of Crime Rates in Indonesia: A Narrative Review

Introduction: The concept of restorative justice is a popular alternative in various parts of the world for addressing unlawful acts (unlawful in the formal sense) because it offers comprehensive and practical solutions. Restorative justice aims to empower victims, offenders, families, and communities to rectify an unlawful act using awareness and remorse as the foundation for improving community life. Methods: This research employs a literature review approach, wherein the researcher collects relevant articles and literature to be examined and summarized descriptively to achieve comprehensive results and conclusions. Result: Restorative Justice is fundamentally a philosophy (a basic guideline) in out-of-court settlements using mediation or deliberation to achieve the justice desired by the parties involved in criminal law. However, more substantive rules are needed in practice to lead to a fair resolution through reconciliation, emphasizing restoration to the original state. Conclusion: Educational and awareness campaigns that can create harmonious reintegration for former offenders to return to society must be enhanced. Law enforcement officers also need to review regulations regarding implementing restorative justice to uphold the principle of justice.

Reinterpretation of Justice in Islamic Inheritance Rights Based on Gender

The concept of gender justice is often understood from contradictory perspectives. In religion, this issue is notably found in the division of inheritance rights. The interpretation of gender justice in inheritance is polarized between textual and contextual patterns, with approaches that are difficult to reconcile. This paper aims to construct a new meaning of gender justice in inheritance. This theme is examined through qualitative research, literature review design, and analysis based on theories of justice and equality. The research results conclude that the reinterpretation of gender justice in inheritance distribution is implicitly contained. Although there is gender inequality in inheritance distribution, this inequality demonstrates justice. The implications of this research are expected to provide an understanding that equality is not synonymous with justice, so when the distribution of inheritance between men and women is unequal, it does not necessarily mean it is unfair.

Firearms control as an element of criminological security in the concept of transitional justice for Ukraine

Firearms control as an element of criminological security in the concept of transitional justice for Ukraine

CLIMATE‐JUST HOUSING: A Socio‐spatial Perspective on Climate Policy and Housing

AbstractFocusing on the nexus of climate and housing policy, this article analyzes the socio‐spatial consequences of urban climate mitigation policies and the resultant need to broaden the concept of climate justice. By using the example of energy retrofitting in a low‐income district in Kiel, Germany, the article examines cities’ dependence on real estate companies to reach low‐carbon goals in a privatized housing market and the (potential) need to provide incentives for investment. As the case study shows, this can lead to a highly sensitive confluence of climate policy, private real estate investment and neighborhood development policy, which leads to a higher financial burden as well as the potential displacement and further political marginalization of current tenants. In light of these results, the article argues for the application of a climate justice frame in analyses of urban climate policies that integrates housing justice with spatial justice. Specifically, it calls for the right to climate‐just housing; that is, for the right to affordable housing to be connected with the right to energy‐efficient housing in one's own neighborhood. This implies the right to information and to urban space as political space, which in turn means the politicization of the targets, strategies and, not least, spaces of urban climate policy.

Mozi's "Concept of justice and benefit" and its contemporary moral education value

In Mozi's view of justice and benefit, he thought deeply about the connotation and relationship between justice and benefit. Justice is the highest value pursuit of Mozi's concept of justice and benefit, and benefit is the path exploration of the realization of Mozi's concept of justice and benefit. Mozi expanded the concepts of justice and benefit in his view of justice and benefit, and reached the theoretical path of upholding interest and respecting justice through the path of public interest and benefiting people, and finally formed the value ideal of "benefiting the world". The moral value of Mozi's concept of justice and benefit is mainly manifested as unique rational value, subject value and practical value. To effectively transform Mozi's concept of justice and benefit into the modern moral education value, we need to carry out the thought of noble justice and emphasize the education of ideal and belief. To meet the practical requirements, pay attention to the sense of moral education; Take people as the principle and follow the demands of moral education times.

Legal Axiology: General Characteristics

This scientific article explores the meaning of legal axiology as a doctrine about the values of law, the legal (value-legal) meaning of law (positive law), and the state. The author examines both legal (positivist) and natural law approaches to legal axiology, emphasizing the features of these concepts. Additionally, the article considers the concepts of equality, freedom, and justice, determined by the principle of formal equality of participants in this form of relations. The author also presents the viewpoints of famous philosophers and jurists on legal axiology, including G. Hegel, I. Kant, H. Kelsen, etc.

Kajian Filosofis Tentang Keadilan Sosial Dari Pemikiran Plato

Philosophical study of social justice from Plato's thought Throughout the history of philosophy, the topic of justice has been a very important topic. Theoretical thinkers such as utilitarianism, intuitionism, eudaimonism, perfectionism, liberalism, communitarianism, and socialism have discussed this topic. The core of political research from the time of Plato to the present is justice. Questions of fairness cannot be determined by the standards used to determine whether something is fair. Different versions of answers regarding the meaning of justice are often considered unsatisfactory, so they cannot be separated from the debate which ultimately constructs the meaning of justice itself, even into a relative formulation. This problem ultimately encouraged many groups to take an alternative path by returning the meaning of justice to those who set the laws and regulations and to judges who will develop their own considerations. This article will discuss the concept of justice from the perspective of Pre-Christian philosophers, especially Plato. Philosophically, there are two ways of expressing justice: First, the view that justice means harmony between the implementation of rights and the implementation of obligations according to the "balance of law" clause, namely "the scope of rights and obligations". The view of legal experts basically holds that justice is harmony between legal certainty and legal comparability. There are even those who argue that law must be combined with justice for it to truly have legal meaning. This is related to the answer that law is part of human efforts to create ethical coexistence in the world. Only through a just legal system can society live peacefully towards happiness, because the essence of law is to create fair rules in society.

Bending stories, disrupting boundaries: spatial reclamation as literacy practices beyond the rows and rules

AbstractIn this article, we explore the dynamic interplay of youth agency, spatial justice, and literacy practices across community spaces through micro‐analysis of photographs and interviews of children and youth. Through a lens of spatial reclamation, the study investigates how children and youth disrupt adult‐designed spaces to restory and reclaim narratives, ultimately reshaping the socio‐spatial landscape. Combining the concepts of restorying and spatial justice, we explore the awareness and agency children exhibit when challenging dominant expectations, particularly examining instances of rulebreaking and safety negotiation. Examining two distinct settings—a school playground and a community protest—the study reveals how youth engage in embodied performances that rupture anticipated discourses in place. The findings underscore the multilayered nature of youth rulebreaking as a form of resistance and as a form of leadership, emphasising the potential for transformative socio‐spatial impact as youth reclaim narratives through new co‐constructions of space. Across age groups and geographies, Black and Brown youth and children emerge as leaders in reshaping spaces through their acts of resistance, redefining boundaries, and leading peaceful protests. The article calls for a nuanced understanding of how spatial justice intersects with restorying, urging educators and researchers to reconsider acts of reclamation as literacies across adult‐dictated spaces.

Engaging the later Rawls on legitimacy

Frank Michelman’s recent book Constitutional Essentials. On the Constitutional Theory of Political Liberalism is discussed from a specific angle, related to how Rawls’s ‘deflection procedure’ – called by Michelman ‘justification by constitution’ – is affected by two recent innovations in the paradigm of political liberalism: first, the extension of reasonable pluralism to a family of liberal political conceptions of justice that coexist in a liberal-democratic society; second, the idea of legitimation based on the criterion of reciprocity, aimed at supplementing the liberal principle of legitimacy. In the attempt to probe Michelman’s assessment of the impact of these two innovations, three critical points are mentioned, for each of them, that suggest a somewhat more sceptical attitude than Michelman’s about the capacity of ‘justification by constitution’ to remain substantially unaltered, once these innovations are in place.

Schools don’t care: Rearticulating care ethics in education

Schools self-identify as caring communities and teach young children to be caring for each other. But schools also teach other contradictory and competing messages, such as individualism and self-reliance, rationalist concepts of justice and meritocracy, and other neoliberal approaches to life and community. Furthermore, while endorsements of care are commonly found in educational institutions, caring is not always (or even often) practiced or regarded as a major aim in schools, in contrast with human capital approaches to youth development. This essay examines how schools do and don’t care. At its core is the rearticulation of care ethics in education, and what caring means within the contemporary field. Over time, enthusiasm for care ethics has peaked and waned. It begins with a brief explanation of what caring is within the field of care ethics, before it considers how caring is ideally involved in education. In this case, discourses of care ethics and caring in education can be coopted against the writings of care ethicists to complement positive psychology, socially conservative character education and civic education, and individualistic and neoliberal approaches to education. As a result, schools can appear to care, but do so in highly distorted ways. These distortions, I argue, do not reveal fundamental limitations or flaws within care ethics approaches to care. Instead, they demand a reconsideration and rearticulation of care ethics in the contemporary education landscape: a context which has changed considerably since debates and articulations of care ethics in the 1980s.

A Theory of Justice and Social Mechanics

In this article, I argue that Aristotle, a universal philosopher who analysed both natural and social worlds, suggested a groundwork for a theory of justice, which is a fertile soil for a broader social perspective. Such categories as the social order, free will, law, policy choices, and the state are naturally flowing from his brief passage on justice in his Nichomachean Ethics. I assert that all of them are phenomena of turbulent social mechanics. Therefore, in this paper I introduce Aristotle’s contribution to the mainstream theory of justice and then, loosely relying on the works of Aristotle and Newton, I develop a theory of justice in the context of social mechanics. I conclude that the concept of justice is essentially the same as Newton’s third law of mechanics. For this purpose, I employ interdisciplinary and functional approaches, textual and conceptual analysis,and the method of deduction.

Values in public health: an argument from trust

Research on the role of values in science and objectivity has typically approached trust through its epistemic aspects. Yet, recent work on public trust in science has emphasized the role of non-epistemic values in building and maintaining trust. This paper will use a concept of trust that adds concerns about justice to epistemic conditions to investigate this problem in relation to public health. I will argue that trust-conducive values, particularly justice, are relevant in deciding which value influences are legitimate in scientific decision-making. Drawing on public health ethics, I will provide a consequentialist justification for employing trust-conducive values. While several concepts of justice have been explored in the context of public health, I will further draw on public health ethics, focusing on a view that brings together both distributive and procedural aspects. For illustration, I will use the case of cardiovascular disease prevention, particularly how concerns about justice apply when choosing between population-based and individual-based approaches.

Searching for Social Justice

Counselor educators in CACREP programs are mandated to include social justice in their training of counseling students. However, counseling preparation programs have failed to adequately train counseling professionals to understand and implement social justice frameworks. Using an exploratory mixed methods design, we explored counselor educators’ educational and training background in social justice concepts as well as their teaching experiences infusing social justice throughout CACREP core curriculum. Strategies counselor educators use to seek knowledge about and incorporate social justice in their praxis are presented. Furthermore, we explored the relationship between counselor educators’ racial identity and their practice of implementing social justice frameworks into their teaching.

Just War or Just Peace: Some Observations on the Debate in Germany

In the debate on peace ethics in Germany, it is constantly argued that the ‘doctrine of just war’ must be replaced by a ‘doctrine of just peace’. The criteriology of just war can at best be preserved within a doctrine of just peace. However, it is often overlooked that—although the word ‘peace’ may sound nicer than ‘war’—a doctrine of just peace is also fraught with great difficulties in terms of content. The concept of peace can be interpreted in different ways; the concept of justice must even be differentiated if it is to have meaning at all. Ultimately, the two concepts point to a different understanding of tradition and historicity: while the doctrine of just war takes its criteria from the tradition, the idea of just peace attempts to draw conclusions for the present from drafts or blueprints of the future. However, since the drafts can turn out differently, new conflicts will arise precisely for this reason. Talk of ‘just peace’ might be more pleasing to the public, but does not necessarily have to be more restrictive in terms of violence.

Divine power, justice, and reconciliation

This contribution seeks to provide a plausible answer to the question as to whether the biblical concepts of justice and reconciliation are compatible with the notion of an omnipotent God. Justice presupposes conditions of injustice, while reconciliation presupposes situations of enmity. This give rise to questions about theodicy: If God is an omnipotent and good being, why would he in the first place have allowed a dysfunctional situation where injustice and enmity could enter creation? The question is dealt with in three sections. The first evaluates answers provided by divine self-limitation theory and the opposing secundae causae theory. I point out that these theories show serious shortcomings. Section 2 reflects on divine power from a philosophical, theological, and biblical perspective. I argue that omnipotence does not mean that God possesses a capacity to act in logically impossible ways. Moreover, omnipotence is a non-necessary attribute of God. God is not a prisoner of his power but can limit and retake his power whenever he wants to. Section 3 deals with the relation between divine power, justice, and reconciliation. I argue that the topic of divine power must be approached through a trinitarian lens that understands God’s attributes in terms of his ad intra perichoretic communion which is revealed ad extra through the concrete ways in which God deals with us. Seen in this light, the exercise of divine power is intricately related to God’s nature as a faithful, loving, and free being who allows for creaturely freedom and who decides to redeem and renew rather than to coerce and obliterate.