Concept Of Justice Research Articles

The Effort of The Government and Its Impact on Maintaining the Stability of Cooking Oil Prices

The phenomenon of oil scarcity and rising world oil prices have had an impact on the increase in cooking oil prices in Indonesia. The Indonesian government, through the Ministry of Trade, is trying to intervene in the price of cooking oil by providing oil subsidies and export bans. This article aims to describe the policy process carried out by the Indonesian government to reduce the price of cooking oil and its impact on the traditional market economy. This field research was conducted at the Srijaya Sayur Traditional Market, in Madiun City using qualitative methods. Primary data was collected using interviews with traders, sales from cooking oil distributors, and market managers. The findings of this research reveal that the price intervention policy implemented by the government was initially carried out suddenly. However, as time goes by, the Indonesian government has taken steps to improve the price of cooking oil which is well spread throughout Indonesia. This is in line with Ibn Taymiyah's thoughts on the concept of distribution justice and price policy through government intervention. The positive impact of the policy of banning petroleum exports and providing subsidies has made the price of cooking oil affordable and in line with people's purchasing power. The negative impact is that many market distortions, starting from distribution processes, hoarding and selling prices that do not comply with the policy, to shortages of goods that occur in traditional markets, especially at the beginning of the policy. In the end, this negative impact began to subside along with the abundance of oil stocks on the market which was strengthened by the government's efforts to eradicate all individuals involved in becoming mafias and breaking the law.

Forest Damage on Sumbawa Island West Nusa Tenggara in an Ecological Justice Perspective

This article is the result of legal research that analyzes forest destruction on Sumbawa Island, West Nusa Tenggara from the perspective of ecological justice, focusing on the concept of ecological justice in forest management on Sumbawa Island, and policies on forest utilization on Sumbawa Island with the corn industry program which actually resulted in a crisis. environment in the form of forest destruction. The purpose of this study was to analyze forest destruction on Sumbawa Island, West Nusa Tenggara Province from the perspective of Ecological Justice, by conducting an analysis of forest management policies on Sumbawa Island. The method used in this study is a normative research method with a conceptual approach, statutory approach, conceptual approach, comparative approach, and analytical approach. The results of this study indicate that there has been massive forest destruction, for this reason the application of the concept of ecological justice in forest management on Sumbawa Island still needs to be implemented massively. This departs from the fact that massive forest destruction (natural exploitation) and/or environmental damage continues to occur, but an effective settlement of environmental cases has not yet been found. Likewise with the forest utilization policy on Sumbawa Island which still really needs a concrete role from the government and also the regional government of NTB . For the sake of realizing ecological justice, it cannot be separated from the role of the government as an institution authorized to implement laws and regulations. As the government as the guardian and/or executor of the law on the protection and management of the environment provides a sense of fairness in managing the environment. Keywords: Ecological Justice; Deforestation; West Nusa Tenggara; Sumbawa Island.

What Does Disability Justice Require of Antimicrobial Stewardship?

This commentary on a case argues that antimicrobial stewardship requires an intersectional disability justice approach if it is to be equitable, particularly for multiply marginalized patients with disabilities residing in nursing homes, who are more susceptible to antibiotic under- and overtreatment. Disability justice concepts emphasize resistance to structural and capitalist roots of ableism and prioritize leadership by disabled persons. A disability justice perspective on antimicrobial stewardship means prioritizing clarification of presumptive diagnoses of infection in vulnerable patients, clinician education led by disabled persons, and data collection.

Rethinking Justice: Unraveling the Tapestry of Justice in Islamic and Western Philosophies

Throughout human civilization, justice has been an enduring value, evolving through continuous advocacy. Fueled by human reason, individuals consistently elevate their standards, leading to the transformation of justice derived from natural law, societal changes, and religious doctrines. This dynamic process signifies that humanity, along with its cultures, laws, and justice perceptions, progresses rather than regresses—growing more intricate, sophisticated, and advanced. This article delves into the development of justice concepts in Islamic and Western cultures across classical, modern, postmodern, and contemporary eras. Utilizing a philosophical approach, it argues that justice undergoes a developmental evolution in both cultures—from discussions in the context of natural law to exploring religious justice and culminating in discussions of social justice. Despite epistemological differences, both Islamic and Western cultures remain inseparable from justice principles: enforcing justice, presupposing equality, aligning with truth, embodying equilibrium, and positioning things rightly.

Restorative Justice in the Case Verdict of the Muhammed Bin Zayed: MBZ Toll Road Case

Traffic congestion is a common problem throughout the country. Traffic accident cases that occur in the West Java Regional Police are generally handled through criminal procedures rather than non-criminal. The purpose of this study is to analyze and understand the implementation of the concept of Restorative Justice in cases of traffic accident decisions and other legal products in solving cases. The method used is empirical juridical using primary legal data, secondary legal data and tertiary legal data, namely legal products relevant to the restoration of justice. The results of the study explained the issuance of Law No. 22 of 2009 concerning Road Traffic and Transportation and the Circular Letter of the Chief of Police of the Republic of Indonesia. Police Number: SE/8/VII/2018 concerning the Implementation of Justice and Criminal Justice Decisions to resolve traffic accident cases. The persons involved as well as the legal requirements regarding the time limit for the implementation of justice only react to criminal investigations before submitting the initial notice of investigation, and the principle of civil law culture through the process of implementing the concept of Restorative Justice.

Theoretical evaluation of integrated Basin at Risk (iBAR) method for international water conflict-cooperation analysis

Comprehensive analysis of water interactions enhances understanding of the dynamic and complex conditions in transboundary river basins. The Basin at Risk (BAR) method is among common methods to analyze water interactions. The integrated Basin at Risk (iBAR) method has recently enhanced BAR. As an extension of BAR, iBAR emphasizes hidden drivers of water conflict and cooperation, whereas BAR includes visible ones. The novelty of iBAR is grounded in Johan Galtung’s theory of violence and the concept of positive peace. This method emphasizes the importance of capturing the hidden aspects of water conflicts as well as the concept of positive peace in water interactions. While iBAR has made significant improvements in addressing water conflicts, some challenges remain. This paper provides a review and theoretical analysis of iBAR. Initially, the iBAR development phases are reviewed in terms of positive peace conceptualization and contextualization in water interactions. Following this, the theoretical background of this method is discussed. The results suggest that the iBAR method could be further enhanced by revising concepts of positive peace, social justice, and environmental justice in water interactions.

LEGAL REFORM ON THE CONCEPT OF RESTORATIVE JUSTICE IN THE CRIMINAL JUSTICE SYSTEM

Restorative justice is an alternative to solving criminal cases, which in the resolution mechanism involves the perpetrator, victim, perpetrator’s family, victim’s family, community leaders, or stakeholders to jointly find a fair solution and emphasize returning to the situation as before. The implementation of the concept of restorative justice is needed in an effort to reform the law of the criminal justice system. This study aims to understand, explain, analyze, and make a comparison with the implementation of the concept of restorative justice as an effort to reform criminal law. The method used in this study is normative legal research. There are efforts to reform the law or legal findings in a criminal justice system regarding the resolution of criminal cases. The concept of restorative justice can be adopted and simultaneously applied. In addition to minimizing the accumulation of case files, restorative justice prioritizes the rights of perpetrators and victims and the restoration of the situation.

LAW AND ECONOMICS IN SURROGACY MARKETS

The concept of reproductive justice can offer a framework for complex and nuanced analyses of surrogacy, taking into account the agency of surrogates and potential vulnerability of intended parents. When we define surrogacy contracts, we mean the situation in which the fertilized egg of a married couple is inserted into the uterus of a surrogate mother and carried to term by a woman who has no genetic connection with the fetus. Surrogacy contracts offer a way to supply a genetic connection that adoption contracts cannot provide. This paper argues that surrogacy with heavy regulation is a step forward into the future because it incorporates the best legal solution to custody disputes while also attaining the most economically efficient solution. This paper argues the same about surrogacy markets becoming a standard and prudent practice because calling babies a Pareto-efficient exchange that benefits everyone at the expense of no one. Surrogacy can be an excellent option for a set of biological parents who desire a child but cannot carry a pregnancy for health reasons, with potential framework for the psychological and sociological effects of mental health and abortion. The status of surrogacy agencies within the United States allows for heavy legal and economic regulation of surrogacy markets. When the law of contracts and property are incorporated into surrogacy markets, it is easier and more “efficient” for couples to make bargains with surrogate gestational carriers.

THE RIGHT TO A JUST REMEDY IN PRIVATE LAW—A RIGHT AND A HUMAN INSTINCT:AN ANALYSIS OF HOW GREED AND LAWLESSNESS REMOVES CONFIDENCE

This article explores the fundamental concept of justice and the right to a remedy in private law. Specifically, the question of whether the belief that justice will prevail is a spoiled concept to have, and only shared by populaces in places without corruption, rule of law issues, etc. The paper delves into the historical and global recognition of the rights of obligees, and scrutinizes the diminishing trust and conviction in justice, especially in jurisdictions plagued by corruption and weak rule of law. Bribery and corruption in judicial systems undermine access to remedies, particularly for the poor, and contribute to the erosion of faith in the judiciary. The analysis extends to non-state judiciaries, exploring the role of tribal courts in addressing private law matters in regions with challenges in formal legal systems. Ultimately, the paper contends that the instinct for justice is a timeless and universal human trait, inherent in the evolution of legal systems. While corruption and external influences can erode confidence, the desire for a just remedy remains engrained. Keywords: justice, corruption, judicial corruption, instinctive access to justice, sociology of remedies and their opinions, comparative legal systems

Climate justice from the lens of sustainable development

AbstractThis paper provides a systematic review of the concept of climate justice by revealing it's main linkages to sustainable development. The United Nations established the 2030 Agenda and the Sustainable Development Goals (SDGs) in 2015, instituting a set of universal goals in essential areas of action related to sustainable development. The SDGs confront especially pertinent socioeconomic problems and pressing environmental challenges like climate change. Including a specific climate target, SDG 13, climate change is a global and acute issue that jeopardizes the achievement of all SDGs. This study aims to analyze the concept of climate justice in the context of sustainable development. The systematic literature review integrates the Search, Appraisal, Synthesis, and Analysis (SALSA) framework, Preferred Reporting Items for Systematic Reviews, and Meta‐Analyses (PRISMA) statement under the PSALSAR (Protocol, Search, Appraisal, Synthesis, Analysis, and Report) framework. The performed analysis provides future research guidelines based on identified gaps.

The Concept of Justice in Turkish Administration Tradition: A Theoretical and Factual Analysis

The Concept of Justice in Turkish Administration Tradition: A Theoretical and Factual Analysis

Justice, Equity and Good-Conscience: Analysis of the Case Law in Pakistan

The concepts of equity, justice, and good conscience have guided areas of the legal system not covered by statute law or personal laws since the early East India Company days. For instance, in circumstances where they were not otherwise expressly addressed, judges were to base their rulings on equity, justice, and good conscience, according to the regulations from 1781 and 1793. The idea was replicated from one regulation to another and from one statute to another. According to Derrett, this approach was initially applied by the Royal Charter of August 9, 1683, which considered other legal sources as "just" norms that applied to the case's facts in addition to English law. By the end of the nineteenth century, British Indian Courts preferred to apply English Law as residual law first, then equity, justice, and good conscience. Courts in Pakistan occasionally use this Common Law formula to fill in the blanks. This paper examines the history of equity in common law and analyse briefly the case law of Pakistan.

Legal remedies for energy injustice in the ECOWAS sub-region: the role of the ECOWAS Court

The concept of energy justice has been of much scholarly interest in applying justice principles to energy policy, energy production and systems, energy consumption, political economy of energy and climate change, among other areas. However, legal remedies for energy injustice have not been seriously examined; nor has the topic been considered from the perspective of the Global South. Therefore, this article seeks to examine legal remedies for energy injustice in the ECOWAS sub-region and the role that the Economic Community of West African States Court of Justice, otherwise known as ECOWAS Court, can play in granting these remedies. It finds that the concept of energy justice is an evolving one and that at its current level of evolution, the concept has somewhat incorporated the idea of distributional justice, recognition-based justice and procedural justice. Against the backdrop of these findings, the article argues that energy justice in a distributional, recognition-based and procedural sense can be couched in terms of human rights law under the African Charter on Human and Peoples’ Rights and can be actualised before the ECOWAS Court. It concludes that energy justice, in its present state of evolution, can be substantially actualised in terms of human rights law before the ECOWAS Court.

Ética e Organização do Conhecimento

This article seeks to relate the foundations of Ethics and Knowledge Organization, perceiving them as internally connected, in order to build conceptual bridges between the two fields. The objective is to propose a characterization of Ethics and Social Justice, pointing out the consequences of its denial or absence in the Knowledge Organization. For this, a qualitative investigation was carried out that places the ethical debate in Plato and in the formation of ancient Greek philosophy, as well as presenting the concept of Social Justice as parity of participation, along the lines established by Nancy Fraser. The results indicate that the practice focused on Social Justice can be considered a super value for the Organization of Knowledge, acting in the sense of strengthening its own theoretical foundation and its orientation towards the expansion of democracy.

Pengaruh Politik Minoritas di Indonesia dalam Pilpress 2024 (Relevansi Konsep Fairness John Rawls)

The focus of this research examines the relevance and implications of John Rawls' concept of fairness in the context of minority politics in Indonesia, especially in the 2024 presidential election. John Rawls, in his A Theory of Justice, proposes the concept of justice as fairness, which is based on two principles: the same basic freedoms for all citizens and fair equality of opportunity. This study analyzes how this concept can be applied to Indonesia's political situation, where ethnic and religious minorities are often marginalized in the political and policy-making process. Through literature analysis and public opinion survey methods, this study evaluates how the 2024 presidential election reflects Rawls' principles of justice, particularly in terms of fair treatment, distribution of opportunities, and inclusion. The findings show that the Prabowo-Gibran presidential ticket received widespread support from various religious groups, including minorities, indicating the potential for inclusivity and acceptance in the context of this election. However, the study also underlines the risk of polarization and discrimination in political campaigns, emphasizing the need to maintain plurality

Is the Role of Judges and Ideas About Justice Relevant in the Exercise of Interpretation?

The role of judges and ideas about justice are undeniably relevant in the exercise of interpretation within legal systems. This abstract explores the significance of judges' roles and justice concepts in interpretation, shedding light on their impact on judicial decision-making and legal outcomes. Judges, as impartial arbiters of the law, are tasked with interpreting statutes, regulations, and precedent to resolve disputes and administer justice fairly. However, their interpretations are inevitably influenced by their personal beliefs, values, and understandings of justice, shaping the outcomes of cases and the development of legal principles. Moreover, ideas about justice, such as fairness, equity, and societal values, inform judges' interpretations and guide their application of legal principles to specific cases. The tension between legal formalism and judicial discretion underscores the complexity of interpretation, as judges balance the need for consistency and predictability with the demands of justice and fairness. Ultimately, the role of judges and ideas about justice play a crucial role in the exercise of interpretation, shaping legal reasoning, judicial decision-making, and the evolution of the law.

The Concept of Justice in Turkish Administration Tradition: a Theoretical and Factual Analysis

The Concept of Justice in Turkish Administration Tradition: a Theoretical and Factual Analysis

Civil Legal Services and Survivor-Defined Justice: A Qualitative Study with US Civil Legal Attorneys for Sexual Assault Survivors

In the United States and elsewhere, civil legal services are an overlooked strategy in the response to sexual assault. Contrary to the criminal legal system, civil legal remedies can offer supports that are specific to survivors’ immediate needs in the aftermath of sexual assault. To learn more about this legal strategy, we explored three areas: 1) civil legal needs of survivors; 2) barriers to seeking civil legal services; and 3) what survivor-defined justice might look like. In-depth interviews were conducted with 24 civil legal attorneys who work with survivors of sexual assault in the US. Results indicate that survivors have a multitude of overlapping legal needs outside of the criminal legal system, especially related to increasing agency, safety, and stability in their lives. Yet, several barriers exist that prevent access to these legal remedies. Despite these barriers, attorneys outlined how survivors’ lives have been positively affected by the services they offer. Attorneys also spoke to what “survivor-defined justice” might look like for their clients in this context. The results support the need to expand our conceptualization of justice beyond what the criminal legal system can offer. Implications for advancing civil remedies as a survivor-centered legal strategy are discussed.

Beyond liberal justice? Decolonising Colombian transitional justice through victims’ participation and indigenous rights

ABSTRACT Transitional justice is a particular approach to justice for periods of transition to peace and democracy. It has been standardised in handbooks by profiling experts, often from the Global North, with meagre local participation in practice. It is criticised for having a liberal conception of justice that reproduces forms of structural discrimination against ethnic peoples. The Peace Agreement between Colombia and the FARC-EP signed in November 2016 addresses this criticism through a System for Truth, Reparation, and Guarantees of No-Repetition that includes a Special Jurisdiction for Peace (JEP) that must impose sanctions following a dialogical process with victims. The tribunal requires their participation to determine how perpetrators must repair the damages caused during the armed conflict. When victims belong to ethnic groups, their participation has influenced the tribunal to make decolonising decisions. In a ground-breaking process, the JEP incorporated indigenous perspectives into its justice procedures, acknowledging the role of the Territory to ethnic groups and officially recognising it as a living being that is a right-bearer that deserves reparations. This article analyses the achievements of such a process and underlines some challenges. From a practical perspective, it contributes to broader debates regarding indigenous rights and victims’ participation in transitional justice.

The Concept of Environmental Justice in the Nigeria Legal System

Environmental justice is a progressively advancing subject, social movement and practice, which requires fair treatment and meaningful involvement of all humans, regardless of sex, age, class, income, race, colour or nationality. Environmental Justice is geared towards the development, management, implementation and enforcement of plans, policies, laws and regulatory practices, towards the protection and management of the environment in the course of socio-economic development programmes, including projects. It also requires equitable distribution of benefits and thus indiscriminate exposure of all to environmental good and harm. It is an advancing social movement that advocates a healthy and eco-balanced environment, towards human’s wellbeing, sustainable communities and all-embracing sustainable development in the overall interest of society within the Planet (Mother Earth). The aim of the study is to examine the effectiveness of environmental Justice in Nigeria, with the view to ascertain if justice is actually done to victims of environmental degradation in Nigeria. The study found that there is need for courts to give wider interpretation to existing relevant fundamental rights to secure a healthy environment. Flowing from the above finding, the study recommends that Section 20 of the 1999 Constitution of the Federal Republic of Nigeria should be amended to recognize the environment as legal personality with the citizens as its trustees. The study has shown that there should be an interdisciplinary collaboration among researchers, policymakers, activist and civil society organization, who will work on environmental justice issues in Nigeria in fostering dialogue, sharing best practices and mobilizing collective actions, thereby enabling victims of environmental hazards get justice they deserve.