Justice Institutions Research Articles

Analisis Legal Standing dan Konsistensi Putusan Mahkamah Konstitusi dalam Pengujian Materiil UU Nomor 7 Tahun 2017 tentang Pemilihan Umum: Studi Kasus Putusan No.90/PUU-XXI/2023

This research reviews constitutional review at the Constitutional Court (MK), especially in Case No.90/PUU-XXI/2023. The focus is on the applicant's legal standing and the Constitutional Court's considerations in making decisions. Legal standing is a legal right or position that allows a party to file a lawsuit before a court. In the context of material review, the applicant's legal position is the main determinant of the legitimacy of judicial review. Normative legal methods are used in this research to systematically and in-depth analyze the legal framework governing legal standing and the Constitutional Court's interpretation of it in the context of the cases studied. This research discusses the requirements and criteria for legal standing which are regulated in both the law and MK regulations, as well as the MK's interpretation of them in this case. The results show a debate surrounding the consistency, independence, and integrity of the Constitutional Court, especially regarding the controversial decisions received. Criticism emerged regarding the Constitutional Court's approach in assessing legal standing, where there were allegations of inconsistencies, loose assessments, and potentially dubious conflicts of interest. Thus, this research provides in-depth insight into the constitutional review process and the challenges faced by the Constitutional Court in maintaining its authority as an independent and credible constitutional justice institution.

Hukum Islam Antara Idealisme Dan Realitas

The study discussed in this study is a library study that seeks to present descriptively with methods of qualitative and library research, i.e. library-based research, in the process of data collection, researchers conduct research and analyze library sources obtained from the theories of literary books. (library research). The result of the study of the library obtained there was a gap between the desired idealism and the reality in its implementation; 1) Islamic law idealism offers principles that are fair, fair, and based on Islamic moral values. However, in the reality of its implementation, there are challenges that result in the gap between such idealism and reality. Factors such as varied social, political, cultural, and interpretation of Islamic teachings affect the gap between idealism and the reality of the Islamic law. These factors can hinder the implementation that corresponds to the desired idealism. 3) The impact of the gap between idealism and the reality of Islamic law is visible in societies, where there is sometimes an inconsistency between public expectations of fair implementation and realities that do not meet those expectations. This can lead to dissatisfaction, injustice, and social tension. 4) To overcome this gap, efforts involving various parties are needed, including religious leaders, Islamic law scholars, legal practitioners, and the general public. In this regard, a deeper understanding of Islamic teachings, the strengthening of justice institutions, the involvement of society in the process of law-making, and the promotion of dialogue and understanding between groups can be effective measures. Building understanding and cooperation between religious leaders, Islamic law scholars, and legal practitioners with the general public is key in strengthening the implementation of Islamic Law in accordance with desired idealism. It is essential for the implementation of Islamic law to justice, sustainability, and well-being for society.

Rational Foundations of Criminal Proceedings: A View through the Prism of Sociological Considerations

The paper examines the rational foundations of law typified by criminal proceedings. In search of the origins of the rationalistic picture of law, the author, in the course of analyzing the actions of subjects (participants) of criminal proceedings in certain situations, shows the correspondence of criminal proceedings to the rationalistic system of M. Weber, which allows rationalizing in the legal plane the values dominant in society. Law, being a social institution, in the author’s opinion, should be subject to the laws of social life revealed by other disciplines, in particular sociology. Using an interdisciplinary approach to the study of the institutions of criminal justice will allow us to study them in their integrity and discover their new facets. Following this position, the author attempted to analyze the institution of a pre-trial agreement on cooperation through the prism of the theory of rational choice and the teachings of P. Sorokin about crimes and exploits, which made it possible to outline a path for further improvement of this institution, which would correspond to the laws of social development.

Assessment of Urban Wind Potential and the Stakeholders Involved in Energy Decision-Making

Urban wind energy has emerged as an attractive source of distributed generation in cities to achieve sustainable development goals. The advancement in technologies for the use of urban wind energy has offered an alternative for the decarbonization of cities and the energy transition. The objectives of this work are (1) to identify the potential of wind energy through numerical weather prediction (NWP) data tools and (2) to identify the roles and responsibilities of the stakeholders involved in the decision-making process. A methodology was developed in two phases and applied to a case study in the Dominican Republic. The first phase consisted of estimating the wind energy potential for the 32 provinces at a height of 10 m using open access NWP tools provided by NASA. In the second phase, 28 stakeholders were identified through snowball sampling. The Responsible, Accountable, Consulted, and Informed (RACI) matrix tool was applied to identify the roles of the 28 institutions addressed at the country level as relevant in the decision-making process for the energy sector. The annual average wind speed and energy potential for each province were determined. It was found that 24 provinces have poor potentials, below <4.5 m/s. In the northwest and east is where there is the greatest potential, between 4.83 and 6.63 m/s. The population density was established, and it was observed that the provinces with greater potential are less densely populated. Through 59 interviews, 28 institutions were identified and evaluated due to their relevance in decision making for the implementation of energy projects. According to the RACI matrix, the Ministry of Energy and Mines has been categorized as “A”, electricity distribution companies as “R”, energy associations and universities as “C”, and educational and justice institutions as “I”.

Report from the 6th National Scientific Conference "Towards the human in administrative adjudication" Gorzów Wielkopolski, March 31, 2023

During the conference, there was a lively exchange of opinions, which allowed us to focus on the position of a person in administrative adjudication. Administrative jurisdiction without implementers would exist only in the sphere of theory (law), and since it is a practice, it is reflected in the lens of weakness inherent in both its object and subjects (implementers and addressees). Man as the addressee of administrative activities and the one who exercises judicial competences was the point of analysis from various perspectives and in relation to various legal provisions. In the face of numerous changes taking place around us, wanted or forced by the pandemic, crisis or simply obvious civilization changes, we see the challenges faced by public administration and administrative justice, officials, judges and management staff of public institutions, the implementation of which will have an impact on the attitude of officials, judges, on the work they perform, and, as a result, on the public perception of offices, administrative bodies and administrative courts. In the activities of the above-mentioned institutions aimed at adjudicating on the rights and obligations of entities, we cannot lose sight of people.

Challenges in creating humane and equitable policing: A focus on the Global South

AbstractResearch SummaryPolice brutality is a widespread phenomenon around the world. Particularly gruesome human rights abuses in the course of policing take place in Latin America, the world's most violent region outside war zones. Democratic institutions such as competitive elections, checks and balances, and judicial independence are insufficient to prevent police from abusing their power. What factors explain that police engage in abusive behaviors, including illegal arrest, the fabrication of evidence, the use of torture to extract confessions, and the excessive use of force causing injury or death? How can societies restrain these abusive behaviors and subject police to the rule of law? Police behavior is shaped by a combination of institutional, societal, political, organizational, and individual factors. Inquisitorial criminal justice institutions, inherited from the colonial past, have persisted in Latin America until very recently. This meant that democracies in the region were born with weak due process protections that have enabled state authorities and police to abuse their coercive powers as they investigate and prosecute crimes. Police brutality is further the product of security policies. High crime rates and the presence of highly organized criminal groups have pushed many Latin American governments to adopt militarized security interventions ‐including deploying the armed forces to control crime and militarizing police forces. Populist demands for harsh policies, moreover, generate incentives for politicians to adopt security strategies that violate human rights and which, in the long run, increase violence in society. The most affected groups are the poor, people of color, and those living in impoverished minoritized communities.Policy ImplicationsIt is essential to strengthen due process protections and judicial oversight over police to reduce torture and other forms of police brutality. Police demilitarization and, under some conditions, community‐oriented policing approaches can sharply reduce the use of excessive force causing injury or death. Body‐worn cameras (BWC), moreover, can effectively be used to reduce police abusive behavior —and violence against police officers — even in high violence situations and where toxic police‐community relations prevail. One limitation of this technology is that it gives too much leeway to frontline officers to turn their cameras on. Poor supervision can further undermine police compliance with camera protocols. These problems can be overcome by assigning cameras to supervisors and using more advanced technologies that allow turning cameras on from the main station. Monetary incentives that reward police officers “to kill less” is another effective policy intervention to reduce police violence causing injury or death.

2023 WEST COAST SECURITY CONFERENCE WELCOMING REMARKS DAY 5

On November 17, 2023, Mr. John Pyrik and Dr. Wade Deisman presented the opening address for the fifth day of this year’s West Coast Security Conference. The speakers provided insights into the intelligence and security community informed by their backgrounds and expertise in analytic methodologies, intelligence theory and applications, and policing and security. They discussed the benefit of collaborative events and programs in advancing intelligence education in Canada and noted key initiatives being pursued by the Justice Institute of British Columbia in the coming year.
 
 Received: 01-20-2024
 Revised: 01-29-2024

Primary Prevention of Sex Trafficking: Time to Move the Needle on Demand Reduction

ABSTRACT Consumer-level demand reduction is positioned as the primary prevention of sex trafficking, and researchers and practitioners are implored to expand the focus on consumer-level demand in scholarship and practice. Evidence of consumer-level demand is an ever-present piece of the physical, psychological, and sexual violence that stems from the overlapping systems of prostitution and sex trafficking. While multilateral legal obligations and political commitments geared toward discouraging the demand that fosters sex trafficking exist, actions that hold sex buyers accountable have been slow-moving. Research, too, frequently ignores the glaring role of sex buyers in ringfencing sex trafficking crimes, shrouding traffickers, and obscuring victims. This commentary is informed by the author’s interspersing law enforcement and operational fieldwork dating back to 2002 and a recent study sponsored by the National Institute of Justice and completed by the National Center on Sexual Exploitation’s Research Institute.

Historical and legal overview of Public Interest Litigation as an institute of Administrative Justice

The article provides a historical and legal characterization of the institution of a Public Interest Litigation in general and in the context of administrative proceedings. The author reveals the historical origins of this institute from the time of Roman law, where it was called “actio popularis”. Some of the most common constructions of such claims in Roman law are highlighted. The author emphasizes the public benefit of filing such claims despite their private law nature. The author emphasizes the dualism between private and public interests in law, which is particularly evident in the institution of a Public Interest Litigation. The terminology used in different legal systems to describe the institution of a public interest action or its individual varieties is revealed: “actio popularis”, “Public Interest Litigation”, “Public Interest Law”, “Social Interest Litigation”. The author outlines the main areas in which Public Interest Litigation is most often applied: environmental protection, anti-discrimination, etc. The author analyzes the reasons for the low interest in the institution of public interest litigation in previous historical periods in Ukraine. On the other hand, it is suggested that there has been a significant increase in interest in such lawsuits in recent years, which is due to certain factors. These include: the development of civil society and the increased interest of legislators in this institution, as well as the ratification by Ukraine of the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention). The last point was important in the context of the further adoption by the Grand Chamber of the Supreme Court of the decision of 11.12.2018 in case No. 910/8122/17, which stated the right of environmental associations to file lawsuits in the public interest on these matters. The article concludes with the emphasis on the prospects for further research into the application of actio popularis in foreign jurisdictions with a view to exploring the possibilities for expanding the number of legal relations in which such claims may be filed in Ukraine.

Issue brief responds to federal guidance on police alternatives

For individuals experiencing a mental health crisis, a health‐focused team of workers with mental health expertise should be deployed instead of police, just as an ambulance would be dispatched to help someone experiencing a physical health emergency. Any failure to do so violates the civil rights of people with disabilities, according to a new issue brief released Jan. 16 by the Bazelon Center for Mental Health Law and the Vera Institute of Justice.

On the issue of the need to form an institute of administrative justice

On the issue of the need to form an institute of administrative justice

The Problem of Legal Acculturation of the Kazakh People's Court of the Early 20th Century in the Assessment of the Orenburg Lawyer and Public Figure L. A. Slovohotov

The article analyzes the contribution of a prominent public and judicial figure of Orenburg Leonid Alexandrovich Slovohotov to the social and scientific discussion about the possibilities of using traditional institutions of justice in the all-imperial system of government and court, which unfolded in the late 19th — early 20th century. The views of L. A. Slovohotov concerning the people's court of the Kazakh people are analyzed. The absentee dispute between L. A. Slovohotov, on the one hand, and N. Dingilstedt, N. Maximov, I. I. Kraft and A. I. Dobrosmyslov, on the other hand, is shown. It is concluded that, according to L. A. Slovohotov, not the eradication of traditional forms of justice and legal consciousness was the main way of further integration of the Kazakh society into the all-Russian socio-cultural field, but the need for legal acculturation of the Kazakh people's court of the early 20th century through its inclusion in the all-imperial system of justice.

회귀나무 분석을 이용한 외국인비율, 집단위협인식, 집합효율성 관계에 관한 탐색적 연구

In order to empirically verify the integrative hypothesis of the Social Integration Model-Group Threat Theory, this paper examines the relationship between the proportion of foreigners in residential areas and Koreans' perception of group threat and collective efficiency. This analysis is conducted at the exploratory level using regression tree analysis. The case of 800 Korean residents was utilized as secondary data in the “Research on Measures for Strengthening the Efficacy of Criminal Policy for Guaranteeing Public Safety (IV): A Study on the Safety Condition and Policy Issues in Foreign Population Concentrated Areas” conducted by the Korean Institute of Criminology and Justice. As a result of the main analysis, it was found that the integrated hypothesis of the Social Integration Model-Group Threat Theory, which has been discussed in Western society, was partially supported. However, the factor of perceived group threat had a significant effect only in multi-ethnic communities with more than 50% of foreigners in predicting collective efficiency. Through the derived results, the study suggests the necessity of implementing a control policy to mitigate the spread of anti-multicultural emotions resulting from the increasing ethnic diversity. Finally, the study also presents its limitations.

범죄예방에 있어서 시민참여의 한계

Citizens perceive crime prevention as the task of a criminal justice institution, but the police, one of the criminal justice institutions, has a vacuum in crime prevention and policing activities due to excessive policing duties. Accordingly, the participation of the private sector in crime prevention, that is, a way to activate citizen participation, was actively discussed among criminal and criminal justice and police scholars and practitioners. However, civic participation in crime prevention is currently experiencing many limitations rather than being activated.
 This study intends to examine the limitations by exploring the types and limitations of citizen participation in crime prevention and deriving problems.
 As a result, there is a limit to civic participation. First, there is a lack of publicity for the Citizens Police Academy due to the lack of channels for citizen participation in crime prevention activities. Second, the simplification of the participating organizations or participating personnel of the crime prevention conference. Third, there is a limit to citizens' awareness and participation in reporting crimes. Fourth, it was considered as insufficient support for autonomous crime prevention unit activities. Therefore, future research directions were suggested through consideration of the limitations.

ГОРСКИЕ СЛОВЕСНЫЕ СУДЫ КУБАНСКОЙ И ТЕРСКОЙ ОБЛАСТЕЙ (1871–1918): ОСНОВНЫЕ НАПРАВЛЕНИЯ И ПЕРСПЕКТИВЫ СРАВНИТЕЛЬНО-ИСТОРИЧЕСКОГО ИССЛЕДОВАНИЯ

The article considers the main directions and prospects of comparative historical research of the activities of the mountain verbal courts of the Kuban and Tersk regions in 1871-1917. It is noted that the specifics of their activities were determined to a certain extent by the peculiarities of their territorial jurisdiction. In this regard, the extraterritorial principle of their activities is character-ized, when their territorial jurisdiction coincided with the ethnic territory of a particular people and sometimes went beyond the boundaries of the political and legal entity within which they were created and functioned. It has been established that the main directions of comparative his-torical research of their activities may be related to the study of the features of their territorial or-ganization and the identification of local features of functioning, analysis of the range of disputes and conflicts under consideration (murders, injuries, theft, property and inheritance disputes) and other issues they resolve (related to the establishment of guardianship and guardianship, religion) and etc. Attention is drawn to the interaction of the mountain verbal courts with government insti-tutions, institutions of self-government and people's justice (mediation/mediation courts). It is concluded that a comparative historical study of the activities of these institutions will signifi-cantly expand the understanding of them as an important mechanism for the incorporation of the indigenous peoples of the Kuban and Tersk regions into the political and legal space of Russia.

Процедурная справедливость как фактор отношения к политической системе: роль экономического положения страны

<p style="text-align: justify;"><strong>Objective. </strong>The aim of the study is to analyze the relationship between perceived procedural justice in the political sphere, the perceived economic situation of the country, and attitudes toward the political system in Russia. <br><strong>Background</strong>. Previous research has shown that the perceived procedural justice of politicians and political institutions improve attitudes toward them, satisfaction with their actions, and agreement with their decisions. Furthermore, adherence to procedural justice norms can offset the negative impact of economic problems. However, these studies have several limitations related to the sample and the method, which were taken into account in our study. <br><strong>Participants. </strong>In the study, 8520 Russian citizens participated (<em>N</em><sub>1 </sub>= 3193, <em>N</em><sub>2 </sub>= 3237, <em>N</em><sub>3 </sub>= 2090). <br><strong>Study design. </strong>Respondents participated in an online survey conducted on the YandexToloka platform. The study involved three measurements: the first measurement took place in September 2022, and the second and third measurements were conducted in November 2022. <br><strong>Measurements. </strong>Respondents filled out questionnaires to measure perceived procedural justice in politics, perceived economic situation, and attitude toward the Russian political system (social system justification, trust in federal political institutions, and emotion toward the political system). <br><strong>Results. </strong>The study showed that both perceived procedural justice and the perceived economic situation of the country were positively related to the attitude toward the Russian political system. However, assessments of economic situation and procedural justice interacted with each other: the lower respondents rated the country's economic situation, the stronger the relationship between perceived procedural justice and attitude toward the political system. <br><strong>Conclusions. </strong>Russians' ability to influence political decisions, the observance of equal rights, and respectful treatment by government representatives support the political system within which these occur. This becomes especially important during times when the country faces economic difficulties.</p>

JUDICIAL MEDIATION IN CIVIL PROCEEDINGS REPUBLIC OF KAZAKHSTAN

The paper describes the main stages of the emergence, formation and development of judicial mediation in Kazakhstan civil proceedings. The legislation on judicial mediation and the practice of judicial mediation have been studied. The achievements of the judiciary in the settlement of disputes arising from various spheres of legal relations through conciliation procedures, including judicial and classical mediation, are noted. The socio-legal significance of conciliation procedures, which include elements forming the institution of restorative justice, is determined. The study of the conciliation procedure of judicial mediation allowed the authors to establish that today the assistance of courts, conciliation judges, retired judges to the peaceful settlement of disputes is an effective measure to reduce the level of conflict among the population and unloading of courts. Meanwhile, as judicial practice shows, the assistance of courts to the peaceful settlement of a dispute has a positive effect on increasing the level of legal culture of the population and its confidence in the judiciary. The authors show the consistency of judges, conciliatory judges, retired judges in the peaceful settlement of a dispute, the relevance of the conciliation procedure of judicial mediation in society. In the course of the research, normative legal acts regulating the procedure for the peaceful settlement of disputes, conceptual and strategic documents on the development and improvement of the national judicial system, pilot projects of the Supreme Court of the Republic of Kazakhstan on reconciliation in court, before court and outside court, statistical data of courts on conducting conciliation procedures were used.

Civil substantive and procedural legal means of securing reparations for Ukraine

The subject of the study is the forms of reparations for damage and the procedural means of obtaining them within the institutions which constitute transitional justice and which should comply with international standards. The purpose of the article is to determine the directions for institutional changes in the procedure and peculiarities of compensation for damage caused to individuals by the armed aggression of the russian federation, primarily in national courts in the context of legal institutions of transitional justice. To obtain the results of the study, the author used general scientific and special legal methods, in particular, analysis, generalisation, and comparative legal analysis.
 The conditions for balanced fulfilment of transitional justice tasks in the context of fair reparations for victims have been investigated. The legal means aimed at obtaining reparations for damage caused as a result of armed aggression have been considered. The author identifies the types and role of legal immunities and amnesties as means of reconciliation, their conditions of implementation and application in relation to the effectiveness and availability of reparations for gross human rights violations and war crimes. The forms of reparations that should be guaranteed to victims for the relevant crimes have been investigated.
 The results of the study are a new special approach to determining the relationship between substantive and related procedural legal means of transitional justice that may affect reparations at the national level. The role of amnesties and immunities as legal incentives and means of influencing the effectiveness and accessibility of reparations to victims has been identified and generalised. The provisions on ensuring a balanced ratio of private and public interests in the implementation of transitional justice elements have been further developed. The author identifies areas for a balanced combination of legal means and increasing their effectiveness to ensure the goals of transitional justice.
 The results of the study can be used in educational, law-making, law interpretation and law enforcement processes, in particular in civil proceedings in Ukraine. Practical significance lies in the possibility of applying the results in determining procedural ways to protect the rights of victims.

Whose confidence? Regional leaders’ perspectives on building confidence in a reconfigured probation service

The idea that the institutions of criminal justice should command the confidence of the public and other stakeholders is a taken for granted ‘good’, but one which has rarely been considered from the perspectives of operational leaders within those institutions. We also know little about what happens at times of crisis, when claims are made about the erosion of confidence and leaders are charged with rebuilding it. In this article, we seek to engage critically with the idea of confidence in one criminal justice institution – the Probation Service in England & Wales – at just such a time. Drawing on original empirical research with the 12 leaders of the recently unified service, this article focuses on the question of whose confidence matters and considers some of the challenges associated with confidence-building work from the perspectives of these leaders. Our research revealed that the stakeholder groups whose confidence most concerned them were sentencers and other partner agencies; government ministers; and their own staff within the unified service. We introduce the idea of ‘domains of confidence’ to highlight the importance of understanding perspectives on confidence (and efforts to strengthen or rebuild it) in a relational space in which the particular positionality of actors in the criminal justice field must be understood.

Restorative Justice Paradigm

The paradigm shift from retributive justice to restorative justice has encouraged institutional awareness that restorative justice methods are alternatives that need to be strengthened both in terms of policy and practice. This has prompted law enforcement agencies to begin drafting and enforcing restorative justice policies in the criminal case settlement process. The purpose of this research is to analyze the working process of restorative justice policies through their implementation practices in each institution that focuses on various criminal justice institutions in Pontianak City. This study will describe the factors that influence the process of working in restorative justice by elaborating on the paradigm of law enforcement officers, policies at their institutions, and their experiences and practices. The method used is normative-empirical legal research as research on law enforcement in concreto. Although the paradigm of punishment has shifted towards a restorative paradigm, the findings in the field showed frequent obstacles. First, cross-sectoral regulatory factors that regulate restorative justice mechanisms with different mechanisms. Second, the weak integration of the criminal justice system as seen in practice between the Pontianak Police and the Pontianak District Attorney Office has not shown the integration of the criminal justice system in the corridor of enforcing the principle of functional differentiation. Third, the factor of criminal law policy is overcriminalistic so it is still overshadowed by the retributive and punitive colonial paradigm. Fourth, factor in the small period of time in the prosecutor's office due to tiered assessments within the structural corridors of leadership. Fifth, the legal culture factor of society is still mostly punitive.
 Keywords: Paradigm; Restorative Justice; Criminal Justice System