Relational Justice Research Articles

IMPLEMENTASI RESTORATIVE JUSTICE TINDAK PIDANA RINGAN SEBAGAI SOLUSI MENGURANGI OVERCROWDING LEMBAGA PEMASYARAKATAN DI JAWA TENGAH

This research aims to find out and analyze whether the application of restorative justice in relation to criminal acts of theft in society has been able to effectively reduce overcrowding in Central Java? The fact in correctional institutions is that there is overcrowding or it could be said that there are too many prisoners occupying one cell in a correctional institution. Problems like this can cause discomfort in correctional institutions for prisoners which can affect the mental and physical health of prisoners who live in cells that do not match capacity. which is there to be inhabited or what is known as overcrowding, then one way to reduce overcrowding is with restorative justice, namely so that minor crimes such as theft and others can be resolved amicably and not escalated in order to reduce the accumulation of prisoners which causes overcrowding in correctional institutions in the region. Central Java, By using empirical legal methodology, it is hoped that this research can find out whether the application of restorative justice in society for minor crimes can reduce overcrowding in correctional institutions in Central Java.

Bridging the Gulf Between Development Theory and Innovation Theory: The Imperative of Relational Justice

Phenomena of global development and technological innovation have been theorised and debated from an evolutionary common ground of social, economic, and technical change. However, apart from this common ground, there is a gulf that needs to be bridged. In several respects, development theory is preoccupied with social values such as inclusion and equality whereas innovation theory is preoccupied with economic values of economic growth and maximisation of aggregate utility. This gulf of competing values underpins public policies which are unable to deal with modern day crises such as poverty, inequality, environmental degradation, and unsustainable development. I argue that the gulf between development and innovation theories can be critically re-thought and permanently bridged using a relational notion of social justice that can allow inclusion/equality to be affirmed without disincentivising growth/utility. Such a notion of social justice should be only concerned with equalising resources in as long as this mitigates or eliminates relational inequalities such as hierarchies, oppression, and domination in globalised societies.

Coming Out of the Pension Closet: An Analysis From the Queer Theory of the Rulings of the Supreme Court of Justice in Relation to the Operation of the Survivor’s Pension in Same-sex Couples in Colombia

This article presents an analysis of the rulings issued by the Supreme Court of Justice - Labor Chamber and Labor Congestion Chamber - regarding the operationality of survivor pensions in same-sex couples. To achieve this, a qualitative methodology of jurisprudential review is employed to analyze the rules and sub-rules applied by the judges in resolving these cases, contrasting them with certain foundational ideas of queer legal theories. In this analytical exercise, the text elucidates how, within the dogmatic rules devised by the ordinary labor judge, there are emancipatory opportunities that escape the binary gender paradigm. One of the main conclusions drawn from this analysis is the progressive role played by the Labor Cassation Chamber and the Congestion Chamber within labor law, in formulating norms that acknowledge differentiated cohabitation for the acquisition of survivor pensions for same-sex couples.

Exploring (in)congruence between academic employers and academic parents' aspirations for, and enactment of, gender justice in relation to family leave

The gender pay gap (13.7% in 2022 in the UK Higher Education (HE) sector) provides an overall snapshot of gender inequality in a specific setting. The causes of the gender pay gap are multifaceted but inextricably linked to the transition to parenthood. However, despite the transformative potential of family leave policy and practice as a strategy to progress gender equality, there has been less focus on HEIs' approaches to supporting transition to parenthood as a strategy to tackle the gender pay gap. I employ the Capability Approach (CA) combined with a discursive conceptualisation of gender to explore how gender norms shape parents' decision-making within university workplace cultural contexts. This study contributes evidence of incongruence between parents' gender justice aspirations, their experiences and HE employer gender justice strategies. The study identifies the need to explore how gender justice is framed, and translated in practice, within HE employer EDI strategies.

Social Justice and the Old-Age Pension System in the Slovak Republic

The aim of the contribution is to examine how eligible voters in the 2020 parliamentary election perceive social justice in relation to the old-age pension system in the Slovak Republic. The sub-objective is to analyse possible significant differences in the perception of social justice among eligible voters in the 2020 parliamentary election in relation to the old-age pension system in terms of their political orientation. 701 respondents (349 women and 352 men) responded to questions asking about their political orientation as eligible voters in the parliamentary election in Slovakia in 2020 and the degree of perceived social justice in relation to the old-age pension system of the Slovak Republic. The results showed the fair distribution of deposits and returns is important for the respondents’ perception of social justice in relation to the old-age pension system of the Slovak Republic. The analyses showed that respondents with different political orientations had different opinions on the extent to which the calculation of the old-age pension should depend on the amount of income.

“The Problem is the Law and Women's Rights…” A Study of Marriage Practices in the Eastern Democratic Republic of Congo

In this article, I explore gender justice in relation to the sociolegal status of marriage practices and how women address marital disputes. My research is based on 9 months of immersive fieldwork in Uvira, Democratic Republic of Congo (DRC). The eastern DRC has experienced extensive interventions to prosecute sexual violence and advance women's rights. However, these interventions have tended to miss the complexity of gender dynamics and how rights and justice are understood and sought by women in their everyday lives. I argue that gender justice is a process rather than an end goal and that legal pluralism, and its hybrid manifestations, is a space where that process can unfold. Through prioritizing women's experiences of marriage and separation, I contribute to the scholarship that challenges simple narratives of gendered harms in “othered” contexts and highlight the flexible space of legal pluralism to develop dialogue, ideas, and practices of contextualized gender justice.

“One Does Not Do That to a Human Being”: Reading A Man of Good Hope (2015) as a Testimonio of Human Rights

Human rights are central to South Africa’s nationalist struggle and imaginings of a democratic dispensation. Amongst other institutions, the Human Rights Commission, the South African Constitution, the Truth and Reconciliation Commission and the Freedom Charter have historically been tasked with enshrining human rights in processes, relationships and moralities defining South African democracy. However, over the years, conceptions of who is entitled to human rights and protection have continued to shift, especially in the wake of increasing numbers of migrants seeking different forms of refuge in South Africa. This article turns to literature as a site to encounter contemporary discourse on migrant human rights in the country. Using Jonny Steinberg’s biography A Man of Good Hope (2015), the article explores how the biography’s styling as a testimonio allows it to critically engage the question of human rights and (in)justice in relation to migrants. Focusing on the protagonist’s witnessing of migrants’ violated lives and themes of victimhood, suffering and dehumanisation, the article examines the ethics of human rights and justice in A Man of Good Hope.

Реализация принципа справедливости в договорном наследственном правопреемстве

The article is devoted to the study of the implementation of the principle of justice in relation to hereditary succession in inheritance on the basis of the law, the will, including spouses, inheritance contract and subjects of law enforcement of both general rules of inheritance law and its individual institutions — executor, custodian and manager of inheritance, notary and court, as well as in relation to the inheritance itself a contract, which acts as a legal form of inheritance, ensuring compliance with the constitutional balance of private and public interests in this area.

Особенности договорной ответственности в исламском праве

The development of commercial relations with the countries of the Arab East requires a deeper understanding of the peculiarities of their legal system, including in terms of the implementation of civil liability measures. The article examines the features of the doctrine of Islamic law, notes various approaches to solving individual issues of liability for breach of contract due to the existence of various maskhabs, characterizes such forms of liability as daman and amana, analyzes the influence of various circumstances on determining the grounds and limits of liability, including force majeure. The practical implementation of these provisions is illustrated by references to the civil legislation of Egypt, Iran, Qatar and the UAE. The author comes to the conclusion that Islamic legislation reflects a rather peculiar perception of legal reality, which does not always coincide with the legal understanding inherent in the countries of the Romano-German or Anglo-American legal systems, although the approaches formed in it show general ideas about the grounds and limits of civil liability for violation of contractual obligations, as well as exemption from they are based on a deep understanding of the need to implement the principle of justice in civil legal relations.

Women's empowerment and power relations: Evidence from Grameen Bank China

Women's empowerment fundamentally shifts power relations, a systematic process of removing deeply embedded unequal power structures. Drawing upon qualitative data from Grameen Bank China (GBC) and an inductive case study, this paper asserts an empowering methodology based on preconditions for membership and three mechanisms through which traditional gendered hierarchical power relations shift: relational justice, self-governance, and repetitive praxis. Women's empowerment, to achieve equal and shared relationships, is neither imposed on women nor naturally occurring among poor rural Chinese women. The findings suggest a development intervention and the crucial front-line worker who facilitates empowerment by “nudging” GBC women borrowers to empower themselves.

KHARKIV INSTITUTE OF TECHNOLOGY IN THE ESTABLISHMENT AND DEVELOPMENT OF INDUSTRIAL UKRAINE

The article solves the difficult task of restoring historical justice in relation to some representatives of the technical intelligentsia who were directly associated with the Kharkiv Institute of Technology in the period from 1890 to 1934. The importance of informative knowledge about the role of graduates of a higher technical educational institution for future generations, about their hard, dedicated work for the good of the country, has been proved. In the work, the authors reveal the personal contribution of its graduates to the development of certain regions of Ukraine, leading enterprises and industries in such cities as: Izyum, Zaporizhzhia, Kharkiv, Donetsk, Luhansk, Makiivka, Mariupol, Kramatorsk and other Ukrainian cities. The article extensively covers the names of graduates of the Kharkiv Institute of Technology - specialists in agricultural engineering, steam engine construction, tractor production, modernization of prototypes and the creation of the legendary T34 tank, specialists in coking and coal enrichment technologies, sugar industry, shipbuilding, brilliant scientists, architects, engineers of Kharkiv, who built and organized the cities of Ukraine - all those whose names should remind of heroic work and encourage Ukrainians to protect all their assets from the racist invasion.

Relational pedagogy in social care education: a model for relational justice

ABSTRACT Driven by a statutory obligation to protect the public, within the context of historical failings and institutional abuse, a process of professional regulation is transforming the profession of Social Care Work [SCW] in Ireland. Statutory registration requires Social Care Workers [SCWs] to demonstrate threshold-level proficiency standards, a challenge that has enlivened debates about theory, pedagogy, and practice. Although proficiency requirements are primarily instrumental and technical, focussing on case and risk-management, social justice is now central to the definition of SCW. However, there has been very little debate about what this entails for theory and practice and critical perspectives are marginal. In response, the value-based model of Relational Pedagogy, based on an ethic of care and relational justice , is proposed as a counterweight to the proficiency perspective by nurturing four inter-related sets of practices within social care education: (i) caring practices; (ii) critical practices; (iii); creative practices, and (iv) emancipatory practices.

Customer Product Choice: The Effect of Product Quality on Relative price and Price fairness and their implication on Customer Product Choice

This study examines the influence of product quality on individuals' perceptions of relative prices and price justice, as well as the potential consequences for consumer decision-making in product selection. This study employs robust statistical analysis to get insights into customers' decision-making processes when purchasing products and selecting brands, particularly about product attributes and pricing. The study employed a non-parametric Structural Equation Modeling PLS technique, which involved a sample of 100 consumers who had previously consumed cigarette goods in the urban area of Bandung. The questionnaire was distributed through social media platforms, utilizing a Google Form link. The employed sample method is convenience sampling, wherein clients are requested to complete a structured questionnaire that has been supplied. The poll encompassed inquiries about participants' perceptions regarding the quality of the product, its comparable pricing, and the appropriateness of the price. The survey data were subjected to rigorous statistical analysis, encompassing several analytical techniques such as regression analysis and hypothesis testing. The study's findings indicate that a product's quality plays a substantial role in shaping consumers' evaluations of comparable prices and perceptions of price justice. Consumers tend to make product selections predicated upon their subjective quality assessment, shaping their perception of the product's price. The presence of excellent product quality can mitigate price barriers, as customers exhibit a greater propensity to pay elevated costs for things they believe to possess superior quality. Furthermore, this study demonstrates that comparable costs and the perception of price justice influence consumer product choices. This condition highlights the significance of prudent pricing within a company's marketing strategy, whereby competitive and equitable pricing can catalyze consumers to opt for specific products. However, a further noteworthy discovery is that the relative pricing and price reasonableness factors do not influence customers' brand preferences. This condition suggests that when considering the choice of a brand, several elements, such as brand image, individual preferences, or distinctive brand characteristics, may exert a more significant impact. The correlation between product and brand compatibility plays a significant part in consumers' decision-making process when it comes to selecting a brand. The findings of this study offer significant implications for businesses in enhancing their marketing and pricing strategies. Furthermore, they contribute to a more comprehensive comprehension of consumer decision-making processes within the product and brand choices framework. In order to achieve success in a competitive and dynamic business climate, it is imperative to possess a comprehensive comprehension of the various elements that impact consumer decision-making.

Analiza rozłożenia praw i obowiązków we wspólnotach w świetle złożonej korelacji kompensującej

The article examines the distribution of rights and duties of justice among entities of unequal status in their mutual relations in communities. The analyses are performed from the perspective of complex compensatory correlation, which is a dicaiological modification of the Hohfeldian legal rights correlation model. The first thesis of the article asserts that alignment of the rights and duties of entities in accordance with the compensatory correlation scheme is a necessary condition for justice in community relations. The second thesis states that an increase in the welfarist positive rights of some citizens is accompanied by an increase in the rights of the government. These proposals are juxtaposed with the image of rights and duties within the family and political community. In the case of entities in family relationships and in some political community relations, one can observe a balance between the rights and duties assigned to them. However, there are also interactions in which some entities have double duties and others have double rights, and therefore, we cannot find there a pattern suitable for a complex compensatory correlation. In such cases, there are deficiencies in the sphere of justice.

АНАЛІЗ ДОТРИМАННЯ ПРАВ ЛЮДИНИ ПІД ЧАС РОСІЙСЬКО-УКРАЇНСЬКОЇ ВІЙНИ: ЦИВІЛЬНІ ЗАРУЧНИКИ – ВИКЛИК ДЛЯ ГЛОБАЛЬНОГО СВІТУ, ПИТАННЯ ВРЕГУЛЮВАННЯ

The article addresses the pressing issue of the illegal detention and sentencing of civilians within the context of the Russian-Ukrainian armed conflict, emphasizing the significant challenges posed by the lack of coherent international legal mechanisms to safeguard human rights. In-depth analysis reveals how this legal vacuum complicates the protection of civilian rights during conflicts, highlighting the specific difficulties in verifying abuses and holding the aggressor state accountable. The study explores the nuanced roles that various international and national organizations play in protecting civilians, particularly focusing on the strategic initiatives led by newly established working groups in Ukraine. These organizations and coalitions are crucial in advocating for and protecting the rights of detained civilians, emphasizing the necessity for international cooperation and robust legal frameworks to address and mitigate such humanitarian crises effectively. The absence of unified international legal standards for the treatment of civilians in conflict zones leads to significant challenges. The International Committee of the Red Cross in Ukraine, for instance, notes numerous complications in the detention processes, which depend heavily on the specifics of the charges and legal statutes applied. The status and rights of civilians detained by occupying forces are not adequately addressed by existing international laws, leading to a gap in legal protections and oversight. One of the major obstacles identified is the difficulty in gathering and verifying evidence related to illegal detentions. The conditions of armed conflict severely restrict access to detention sites, making independent and unbiased investigations almost impossible. This not only hinders the prosecution of the aggressor state but also limits the ability of international bodies to monitor and intervene in such situations. Additionally, the article discusses the strategic use of historical legal principles by the occupying powers, specifically the maxim "nullem crimen, nulla poena sine lege" — no crime and no punishment without pre-established law. This principle is exploited to avoid international accountability, allowing the aggressor to conceal their actions and evade international sanctions and legal repercussions. The Geneva Conventions and their Additional Protocols are examined as the foundational frameworks of international humanitarian law that explicitly prohibit any form of violence against civilians, including hostage-taking. However, the ongoing violations of these laws, particularly by the aggressor state, underscore the challenges of enforcing these international norms. The research highlights the urgent need for comprehensive approaches to address the plight of civilian detainees in conflict zones. This involves enhancing international legal standards and improving the coordination among international bodies to ensure the effective protection of human rights. The creation of working groups under the auspices of the Ukrainian Ombudsman exemplifies proactive measures taken to address these issues, facilitating dialogue and action to safeguard civilian rights and ensure compliance with international humanitarian law. In conclusion, the article calls for a concerted international effort to develop and implement more effective mechanisms to respond to human rights violations in conflict zones. Strengthening the legal and operational frameworks for protecting civilian populations not only restores fundamental human rights but also contributes to the broader goals of peace and justice in international relations. This comprehensive approach is vital for the long-term resolution of conflicts and the protection of vulnerable populations in war-torn regions. Key words: civilian hostages, armed conflicts, international law, human rights, unlawful detentions, international organizations, Ukraine, working group.

Sejarah Dan Dampak Perang Tabuk: Analisis Mendalam Terhadap Konflik Perbatasan Dalam Perspektif Sejarah Dan Kemanusiaan

The purpose of this research is to find out the History and Impact of the Tabuk War: An In-depth Analysis of the Border Conflict in Historical and Humanitarian Perspective. The Battle of Tabuk marked a monumental event in Islamic history in 630 AD. The research approach in this Literature Review study is one type of qualitative research method in which research is conducted in libraries through the collection of books, documents, archives, and other types. This war had a significant impact in Islamic history, both in terms of politics and military. The impacts include strengthening the position of Islam in Arabia, increasing the autonomy of Arab tribes, and asserting Islamic rule over the surrounding territories. In humanitarian terms, the war also demonstrated the importance of diplomacy in resolving conflicts, and provided lessons on the importance of peace and justice in relations between nations.

We all need to be water protectors: diversity, the environment, and social and environmental justice picturebook themes and portrayals

This paper describes a methodological review of over 2,000 picturebook descriptions and 60 picturebooks published within five-and-a-half years relating to diversity, the environment, social justice, and environmental justice portrayals. The authors asked in particular: To what extent is environmental justice portrayed in recent picturebooks, and how might these portrayals be problematized to understand better and share children’s literature? The data revealed that picturebooks portray social and cultural diversity more than environmental topics, and environmental justice portrayals comprise about 3% of the picturebooks surveyed. Picturebooks portraying environmental justice are new, and what is considered environmental justice is expanding. The authors also suggest an expanded notion of environmental justice called Stewarding and Relational Justice. These books incorporate themes of kindness and inclusive action toward each other and the earth, which build toward understanding and depictions of environmental justice. Lastly, the authors provide a curated list of recommended environmental justice and earth-centric books.

Relational Justice in the Prophetic Tradition: An Analysis of Selected Hadith

Islam reveres justice as a paramount virtue that is explicitly commanded to permeate all spheres of human existence. The Quran commanded mankind to conduct justice. This commandment was subsequently assimilated and exemplified by the Prophet Muhammad through his prophetic traditions and serves as a crucial source that elucidates the concept of justice from an Islamic perspective. Acknowledging the significance of relational justice is imperative as it entails an understanding that justice encompasses more than just the equitable distribution of wealth, rights, and opportunities. Hence, the study aims to identify the dimensions of relational justice from the vantage point of the prophetic tradition, thereby serving as a moral compass for Muslims across a myriad of life’s dimensions. This qualitative study utilises document analysis in its data collection whereby the components of relational justice are first identified, followed by the recognition of related hadīth through the takhrīj process. Books of hadīth commentaries and other supporting sources are consulted while analysing the data to determine the reason behind the revelations, the people involved, and the locative and chronological factors. The findings of this study illustrate that relational justice from the Sunnah’s perspective encompasses various facets such as justice within the familial institution, inter-neighbourhood relations, and the dynamics between rulers and citizens. Consequently, the study posits that the Prophetic sunnah holds intrinsic potential to serve as a moral compass, warranting the promotion of justice across all realms of human endeavours.

Realising Pancasila Industrial Relations In Terms Of The Muamalah Principle In Islam For The Period 2008-2015

Muamalah is the sunnatullah of man as a social being. One form of mammalian is in the form of employment relations. Labour relations in the modern era developed into industrial relations and experienced developments in form and scope. The Indonesian state based on Pancasila and the 1945 Constitution aspires to realise fair industrial relations formulated in Pancasila Industrial relations. On the other hand, the majority of Indonesia's population is Muslim and has fair industrial relations. Efforts to realise fair industrial relations through the approach of the Indonesian constitution, namely industrial relations and the approach of the mullah principle, can be juxtaposed. In the national context, the government formulated Pancasila Industrial Relations as the goal of developing and fostering Industrial Relations. The author will discuss the Islamic perspective on justice in industrial relations and the role of each in realising equitable industrial relations. The compatibility and differences between these approaches can be a dissolution to realising justice in industrial relations to its order and application

Hak Gaji Guru Honorer Berdasarkan Aspek Keadilan dan HAM

Honorary teachers refer to educators who have not received official appointments as civil servants (PNS) inside formal educational institutions, spanning from primary to secondary education levels. The objective of addressing the issues in this study pertains to the notion of justice and human rights in relation to the pay entitlements of honorary professors. In accordance with the Law on human rights and legal justice, any violation of the law and established human rights standards would be deemed unacceptable. The research methodology employed in this study adopts a normative juridical approach, which entails conducting a comprehensive literature review and analyzing theories, concepts, and legislation relevant to the research problems under investigation. The findings of the study indicate To address this issue, it is imperative to ensure diligent oversight in assessing the responsibilities and performance of educators, so enabling them to get a pay commensurate with their exertions, while maintaining fundamental human rights. The government through the ministry of education culture research technology must be a facilitator and directly involved in handling, limiting, and minimizing social inequality between a teacher with civil servant status and an ordinary honorary teacher. Because in essence the teacher is a noble profession that must be heeded and placed in a high degree.