Values Of Justice Research Articles

История возникновения и развития российского уголовного законодательства об ответственности за неисполнение приговора суда, решения суда или иного судебного акта

Understanding the legal value of justice as a type of state activity, during which the function of social control is carried out and the proper degree of uniform behavior of citizens is ensured, was achieved only during the evolutionary development of society in the process of improving the legislative mechanism and increasing the value of normative regulation of relations in the field of administration of justice. At the same time, an important guarantee of the effective implementation of judicial power is the principle of universally binding judicial acts. This principle ensures the ordering of social relations through the enforcement of legal norms. In this regard, the current law provides for criminal liability for non-execution of judicial acts (sentences, decisions, etc.). This criminal law prohibition is not an arbitrary act of the legislator; its formation and development are directly related to the process of formation of social relations. At the same time, criminal legal ensured the protection of a judicial act from non-execution means not at all stages of the historical development of society. The emergence of this norm is due to a number of interrelated and interdependent factors, among which the most important are, firstly, the level of organization of the mechanism of state power, and secondly, the complication of the system of state bodies and the separation of justice bodies in it. It is through the prism of these factors that an analysis of legislation on criminal liability for non-execution of judicial acts is necessary. The subject of research within the framework of this article is the historical background of the process of formation and development in the pre-Soviet and Soviet periods of criminal legislation, providing for liability for failure to comply with a court verdict, court decision or other judicial act. It is concluded that the criminal legal protection of relations arising in the sphere of execution of judicial acts largely depended on the mechanism for the implementation of judicial power and the models of execution of court decisions determined by this mechanism. In the process of historical development of Russian statehood and legislation, the nature and methods of exercising judicial and executive (administrative) power underwent changes, the established procedure for the execution of judicial acts in civil and criminal cases, as well as the criminal law mechanism for its (procedure) protection, underwent corresponding changes.

The Implementation of Pancasila Values to Early Children Through Traditional Ceremonies in Banceuy Community

This study aims to find a model for inculcating Pancasila values to early childhood through traditional ceremonies in Banceuy Village, Subang, West Java. This research is a type of descriptive research with a qualitative approach. To obtain data, in-depth observations and interviews were conducted. In order to obtain accurate data, four validation steps were carried out using; member check, audit trial, triangulation, and theoretical expert opinion. This study discusses (1) whether in traditional ceremonies there are Pancasila values that are in accordance with the needs of early childhood, (2) what Pancasila values are instilled in early childhood through the Ngaruwat Bumi Traditional Ceremony and Nyapu Overtime, (3) how to instill Pancasila values into early childhood through the Ngaruwat Bumi and Nyapu Overtime ceremonies that occurred in the Banceuy Traditional Village. This study concludes that the values of Pancasila that are instilled in early childhood through the Ruwatan Bumi and Nyapu Overtime ceremonies in the Banceuy Traditional Village, Subang, West Java, are Divine Values, Human Values, Unity Values, Deliberation and Representative Values, and Social Justice Values. Value planting activities carried out through traditional ceremonies are (a) Ritual Activities in the form of Hajat Mawar. Maulud Aki Leutik, Hajat Solokan, (b) Art activities include Rengkong, Tuunggulan, and Kolecer, as well as cikibung, jibrut, and miruha games, in front of early childhood children, so that early childhood can follow the values instilled through these activities. (c) Meanwhile, the traditional Nyapu Overtime ceremony is carried out to maintain the cleanliness of the village, environment, and yard of the Banceuy Traditional Village residents.

Madrasah Tsanawiyah Strategy Based on Islamic Boarding Schools Implementing Religious Moderation Values in Blora Regency

This research describes and analyzes the habituation of religious moderation values in the learning of Islamic Religious Education during the pandemic study of madrasah tsanawiyah based on Islamic boarding schools in Blora district with a research focus on how the forms, processes, and strategies of habituation of religious moderation values in PAI learning, and what are the implications for student. This research is a qualitative research using postpositivism paradigm. This type of research uses case studies, data collection uses three methods, namely: interviews, observation, and documentation. The data analysis techniques in this study used the stages of data reduction, data presentation, and drawing conclusions. The results of this study indicate that: (1) the form of habituation of the moderation value of religion in PAI learning during the pandemic during the pesantren-based madrasah studies in Blora district was carried out in the form of: through Islamic learning activities in the classroom and through religious activities. The values of religious moderation that are habituated in PAI learning are the values of justice (a'dalah), balance (tawazun), and tolerance (tasamuh). (2) The habituation process of religious moderation values in PAI learning during the pandemic during the pesantren-based madrasah tsanawiyah study in Bloradi district was carried out through: the stages of value transformation, the stages of value transactions, and the stages of value transhabituation. (3) The strategy used to habituate the value of religious moderation in Islamic Religious Education learning during the pandemic during the pesantren-based madrasah tsanawiyah study in Blora district, namely: introduction, habituation, example, and practice. (4) The implications of habituation of the value of religious moderation on the social attitudes of students during the pandemic during the Islamic boarding school-based madrasah studies in Blora district, namely being accustomed to worship, respecting teachers and friends, social care, tolerance, discipline, responsiveness to the environment, and obedience to regulations

The Value of Maslahah in the Mbolo Weki Tradition of the Bima Community

This study aims to describe how the implementation of the Mbolo Weki Tradition of the Sakuru Village Community, Monta Subdistrict, Bima Regency, then to describe the Maslahah Value in the implementation of the Mbolo Weki Tradition of the Sakuru Village Community, Monta Subdistrict, Bima Regency. This type of research is descriptive qualitative. Data sources in this research are primary and secondary sources, data collection methods include observation, interviews, and documentation. The results of the analysis show that the Mbolo Weki tradition not only has cultural values, but also contains maslahah values that are in line with the principles of Islamic law according to al-Shafi'i madhhab. In al-Shafi'i's perspective, this tradition is considered to provide positive benefits for individuals and society. The values of solidarity, justice, and togetherness contained in Mbolo Weki are considered in accordance with the concept of maslahah in Islamic law. This research is expected to provide a deeper understanding of the relationship between local traditions and universal values in the context of Islamic law, especially the al-Shafi'i madhhab. The implications of this research are expected to support the maintenance and development of local traditions that are in accordance with Islamic values and can make a positive contribution to people's lives.

Regulation of the Director General of Islamic Guidance on Marriage of Husband during Wife's Iddah Period: An Effort to Develop Family Law in Indonesia

This article examines the marriage of a husband during his wife's iddah period at the Office of Religious Affairs in Lampung Province, and analyzes the practice based on the Circular Letter of the Director General of Islamic Guidance. The purpose of this article is to review the reasons for considering the Circular Letter of the Directorate General of Islamic Guidance towards women's rights, and what relevance the Circular Letter of the Directorate General of Islamic Guidance towards the development of Islamic family law in Indonesia. The method used is qualitative, this type of research is field research, which is conducted at the KUA in Lampung Province, as a sample of Bandar Lampung City, Metro City and East Lampung Regency. Data sources in this research are primary and secondary data sources. Data analysis techniques using inductive framework, analysis using mashlahah theory. The result of the research is that the Circular Letter of the Director General of Islamic Guidance Number P-005/DJ.III/HK.00.7/10/2021 concerning Marriage of Husband in Wife's Iddah Period, is a regulation that regulates the prevention of husbands who want to marry during their wife's iddah period. The existence of this prevention is an effort to create balance between men and women in iddah arrangements, this will have an impact on the value of gender justice and create benefits between couples as an effort to protect the rights of women/wives. The Circular Letter of the Director General of Islamic Guidance on Marriage in the Iddah Period of the Wife should become the status of a law, which can be binding in general and broadly, and has legal force, this is important as the development of Islamic family law in Indonesia.Keywords: Regulation of the Director General of Bimas Islam, Iddah Period, Islamic Family Law

Islamic Perspective on Criminalization of Forced Marriage In Indonesia

Forced marriage is a human rights violation that is widely practiced in various parts of the world, including Indonesia. This article aims to examine the Islamic perspective on the crime of forced marriage as regulated in Law Number 12 of 2022 concerning the Criminal Offense of Sexual Violence. This research is qualitative normative legal research analyzing laws and regulations in Indonesia and Islamic legal sources. The result of the study shows that Islam prohibits any form of forced marriage. Marriage must be based on the willingness and agreement of both parties. Perpetrators of forced marriage could be criminalized or sentenced to criminal sanction (takzir). Thus, Islam affirms the regulation of the criminal act of forced marriage as stated in Article Article 4 Paragraph (1) Letter e and Article 10 of Law of the Republic of Indonesia Number 12 of 2022 concerning Criminal Acts of Sexual Violence. By criminalizing forced marriages, Islamic principles reject all forms of destruction and defend the values of justice, equality, and beneficialness.

The Application Of Money Laundering Law Value-Based Justice To Wealth Obtained Offenders From The Proceeds Of Corruption

<p><strong>Abstract</strong></p><p><em>The act of money laundering is very dangerous both at the national and international levels because money laundering is a means for criminals to legalize the money from their crimes to eliminate traces. In addition, the nominal money laundered is usually extraordinary in amount, so it can affect national and even global financial balances. This research method is normative legal research, namely research that refers to legal norms contained in laws and regulations, libraries, legal norms that exist in society, and the data obtained, the type of research used qualitative research is carried out by examining literature materials in the field of law and legislation related to the problem The application of money laundering law based on the value of justice to the wealth of perpetrators of crimes obtained from the proceeds of corruption. The results of this study show that the scope of the law on money laundering towards the eradication of corruption aims to find out how to put the results of evidence on the case being examined, by how the evidence is used, and by how the judge must form his conviction before the court session. The application of money laundering law based on the value of justice to the proceeds of crime from corruption </em><em>needs to be imposed on severe crimes to perpetrators of corruption crimes as a legal policy in accordance with the provisions of the applicable law. So that the community understands and considers the verdict to be as fair as it is. The law is expressly separated from morals and justice is not based on good or bad.</em><em></em></p>

KEADILAN SEBAGAI MAQĀṢID AL-ḌARŪRIYYĀT DALAM KEBUTUHAN SOSIAL MODERN


 
 
 The reconstruction agenda occurred in the early era of the emergence of the theory of maqāṣid al-syarīah, starting from the era of Al-Syafi'ī who is considered to be the first figure to use the term maqāṣid al-syarīah, up to the era of Muhammad Al-Ṭāhir Ibn 'Āsyūr who tried to apply this theory in the world real. There is a change in construction in the theory of maqāṣid al-syarīah, following changes in the context of maqāṣid al-ḍarūriyyāt in Al-Kullīyāt Al-Khamsah. This research examines the value of justice as maqāṣid al-ḍaruriyyāt in modern social needs. This research is library research, with descriptive analysis methods. The research results found; Firstly, the construction of al-kulliyyat al-khamsah has essentially begun to have discussions and differences regarding the placement of the order of emergency levels in the early eras. Second, the fundamental values of maqāṣid al-syarī'ah have been concluded using inductive methods (istiqra') by figures such as Al-Ghazālī, 'Izz Al-Dīn Ibn 'Abd Al- Salām and Al-Syāṭibī. According to 'Abdullah Saeed, Muhammad Al-Ghazalī and Luai Ṣāfī, in the modern era a number of new values can be developed using the istiqra method', new human rights that are important today can contain the universality of values. One of the important and fundamental values in religious texts as part of human rights which is a modern social need is 'justice', making it relevant as a fundamental maqāṣid and as a maqāṣid kullī which includes various aspects of maqāṣid juz'ī.
 
 

Reconstruction of Criminal System Regulations for Criminal Acts of Theft Based on the Value of Justice

This economic factor is a factor that influences the occurrence of crime, one of which is theft. It is caused in order to fulfill their needs, people will tend to do whatever it is, even if they commit theft. The purpose of this research is to analyze and find the regulation of the criminal justice system against the perpetrators of the crime of theft based on the value of justice. This type of research is social legal research, namely by studying or analyzing primary data and secondary data. This research uses the Constructivism paradigm. The function of theory in a study is to provide clues and predict and explain the object under study. The results of his research are the regulation of the penal system, in fact, it has not yet created justice for the perpetrators of the crime of theft based on the value of justice, because most of these regulations are still based on a classical legal approach which only focuses on punishment and treats all perpetrators of crimes equally without consider the social, economic, and psychological factors that influence the action. These regulations are often considered unfair and discriminatory towards certain social groups, such as the poor or minorities. This results in a widening social gap and a higher possibility of criminal acts. Therefore, a progressive legal approach is needed that takes into account the broader values of justice and the social, economic and psychological contexts that affect perpetrators and victims. With this approach, it is hoped that article 362 of the Criminal Code needs to be reconstructed.

Implementasi Hukum Adat Sebagai Penanganan Restorative Justice Dalam Membangun Sistem Alternative Penyelesaian Hukum Pidana di Indonesia

In the implementation of the resolution of criminal law violations in customary courts, it is felt to be very effective in dealing with many criminal cases through a restorative justice approach which theoretically relies on values that are characterized by Indonesian harmony, balance and conduciveness to ensuring shared life in society. Therefore, all forms of recognition of customary law must be carried out through acceptance and granting legal status related to the existence of its implementation in areas where the application of customary law is very strong. This research is a qualitative type of research with a normative conceptual and juridical approach. The data source was obtained by examining positive legal norms in the form of applicable laws and customary law norms. The conclusions that can be drawn from this research are: In customary justice it is not considered as non-formal justice outside of the judiciary under the State judiciary institution. The Supreme Court is on par with other customary justice bodies. Customary justice is something that actually occurs in the midst of society, therefore the basis contains the principles of restorative justice which focuses on resolving criminal cases outside of court so that the value of justice can be accepted by each group and individual in the customary law that occurs in Indonesian society.

Weaknesses of the Termination of Prosecution Regulation against Narcotics Abuse

The illicit trafficking and abuse of narcotics targeting the younger generation has reached various corners of the region and the abuse is evenly distributed across all social strata of society. Basically, narcotics are very necessary and have benefits in the fields of health and science, however the use of narcotics becomes dangerous if misuse occurs. This research aims to analyze the weaknesses in the current Regulation on Cessation of Prosecution of Narcotics Abusers, to reconstruct the Regulation on Cessation of Prosecution of Narcotics Abusers Based on Restorative Justice Values. The approach method used in this legal research is a sociological juridical approach. The data obtained in this research was then selected and arranged systematically to be further analyzed and presented using qualitative analysis methods. The results of this research are that the weaknesses in the current regulations for stopping prosecution of narcotics abusers are weaknesses in terms of legal substance, weaknesses in terms of legal structure and weaknesses in terms of legal culture.

Shadows and Songbirds: Unraveling the Layers of Harper Lee's Masterpiece

This review of Harper Lee's classic, 'To Kill a Mockingbird,' highlights its remarkable ability to intertwine an engaging narrative with profound thematic depth. Set in the American South of the 1930s, the novel presents the story of young Scout Finch, growing up amidst racial injustice and moral integrity. I particularly praise Lee's skill in presenting complex themes through the innocent eyes of a child, making the book accessible and relatable to a broad audience. The character of Atticus Finch is highlighted as an embodiment of morality, with his relationship with his children serving as a conduit for values of empathy and justice. Despite minor criticisms regarding character development and plot resolution, I deem 'To Kill a Mockingbird' an important and significant work in American literature. Recommended for a wide range of readers, especially those interested in American literature, social justice, and moral philosophy, the book scores a solid 9 out of 10. It is recognized as a timeless classic, continuing to resonate with new generations of readers and maintaining relevance in contemporary discussions about social and ethical issues.

Criminal Law Policy in Implementing, Values of Justice and Legal Certainty (Case Study of Defamation)

Globalization, which began in the early 20th century, was marked by revolutions in transportation and electronics, expanding and accelerating trade between countries. The impact is significant, especially in the field of multimedia companies which are competing to dominate the global mass media market. Technology plays a central role in this global phenomenon, turning the world into a global village. A case study of defamation via Facebook in Pandahan Village, South Kalimantan, is the focus of this research. Analysis of material criminal law based on the law is applied in the decision of the Pli District Court. Meanwhile, the Micro, Small and Medium Enterprises (MSME) sector in Indonesia is an important factor in supporting the economy and local economic growth. Through a literature study, this study investigates the application of material criminal law in cases of defamation in cyberspace and explores the potential of MSMEs as drivers of the local economy. It is hoped that the results of this research can provide further insight into the challenges and opportunities faced by society and the government in facing the phenomena of globalization, technology and local economic development.

Legal Reconstruction of BPJS Insurance Regarding the Tariffs on Types of Hospitals Based on Justice Values

The government's strategic plan in the health sector is contained in the National Medium-Term Development Plan (RPJMN) 2020 to 2024, in the RPJMN there is a form of policy formulation in the health sector that focuses on various preventive efforts to control disease cases that occur in Indonesia. The purpose of this paper is to reveal (to explore) the fact that there have been deviations from the Health Policy on Determining BPJS Rates at Different Types of Hospitals. The approach method in this study uses a socio-legal approach method. Namely data obtained from qualitative. Processing this research data with primary data. The results of this research providing conclusion and advice that developing social security for all people has not been based on the value of social justice. This clearly can be found in the implementation of BPJS which still distinguishes tariff classes and affects services based on social justice values, BPJS service barriers in the application of tariffs to hospitals of different types for now, namely legal factors, society, culture, etc, and quality control efforts and make efforts to control costs in the application of BPJS tariffs based on the value of justice and the Making Institution (DPR and the President) must make rule breaking changes to medical regulations, regarding hospitals, and BPJS, the government must dare to emphasize that BPJS is obliged to carry out government functions in the field of public services, and the government must carry out Reclassification of coding and the establishment of standard services for interventional and invasive cardiac procedures between PERKI and P2JK (Center for Health Insurance and Financing) of the Ministry of Health.

Review of Remission and Assimilation in the Correctional System with the Foundation of Human Rights

This research is related to the granting of remission and parole rights on the basis of the value of justice in accordance with human rights. This research was conducted to find out about the embodiment of justice in the granting of remissions and parole to convicts. Both criminals and corruption convicts. This research will also review the arrangements regarding the granting of such remissions and also the ideal concepts regarding the granting of such remissions and parole. This research will use empirical normative legal research methods that emphasize philosophical, dogmatic and conceptual sides. The data collected in this study was carried out by means of literature and document studies. Data analysis used a qualitative descriptive method. This research presents that the embodiment of justice in granting parole and release to prisoners is not entirely fair and equitable. The regulatory process regarding granting remissions and conditional release should be in accordance with the norms and not contradictory. The concept of granting remissions and parole must be balanced in terms of justice and also balanced in coaching.

Концепт справедливости в современной российской правовой системе

The idea of a continuous dialogue between the legislator and its addressees about ‘equity law’ with an emphasis on the moral & legal value of justice as substantive equality (equality in the proper) is suggested as the basis for the concept of justice in Russia today. The fundamental values of law, such as justice, freedom (equality in freedom), human dignity, as they are reflected in the principles of law, thereby acquire a regulatory practical focus, obliging both lawmakers and law enforcers to follow these principles. Justice itself can claim to be a general legal principle. In addition, the article describes the idea of legal justice as the obligation to follow the principles of law. According to this approach, all principles of law are derived from the principle of mutual recognition, including the principle of justice. The principle of mutual legal recognition is the basis for understanding the measure and limits of human responsibility and legal duties, reflecting the principle of solidarity. To assess the applied significance of theoretical studies of justice, the authors turned to the analysis of the acts of the Constitutional Court of the Russian Federation, which through its legal views partially compensates for the lack of a legal constitutional definition of justice. The apparent variability and ambiguity in the language used by the Constitutional Court should not conceal the unified legal nature of the principle of justice. The study of the concept of justice has proven to be particularly relevant in the field of sports: the sport regulators, explicitly or implicitly, are increasingly ignoring the fundamental principles of law. Appeals to justice in sports law illustrates its fragmentation, reduction to equality, and limitation to the purpose of providing procedural guarantees in dispute resolution. Analysis of the current situation in the field of sports suggests that justice should be considered in a comprehensive way: as a material and fundamental basis of normative and legal regulation and law enforcement.

THE CONSTITUTION OF INDIA AND CORPORATE SOCIAL RESPONSIBILITY: EXPLORING THE SYMBIOTIC RELATIONSHIP

This research article examines the complex and mutually beneficial relationship between the Indian Constitution and corporate social responsibility. Constitution is the foundation of a democratic, equitable, and all-encompassing society. Additionally, CSR has evolved into a key tool for organisations to actively and constructively improve society beyond profit maximisation. Paper explains how these seemingly distinct entities converge and harmonise for communal welfare. With its values of justice, liberty, equality, and fraternity, the Constitution implicitly encourages business to create the nation. This article seeks to identify constitutional provisions that require corporations to align their operations with the sovereign entity's social and budgetary goals. Additionally, it examines landmark legal rulings that strengthened corporate constitutional concepts. The present study also examines the development of CSR in India, from a discretionary act of benevolence to a statutorily imposed set of obligations on corporations under the 2013 Companies Act. Paper highlights the symbiotic relationship between the Indian Constitution and CSR, highlighting the possibility of collaborative efforts to address urgent social, economic, and environmental issues. The above study illuminates the complex and reciprocal interaction at hand, providing valuable insights for policymakers, legal professionals, and businesses seeking to use this harmonious coalition to advance sustainable development in India.

FILSAFAT EKONOMI ISLAM : PENDEKATAN SISTEM EKONOMI ISLAM, NILAI-NILAI DASAR, DAN INSTRUMENTAL

Islamic economic philosophy is the basis of an Islamic economic system which is based on Islamic teachings in achieving its goals. This article will outline the philosophical foundations of the Islamic economic system, explore the fundamental values that form the basis of Islamic economics, such as justice, togetherness, and blessing, and identify various economic instruments. The research method used is literature study and several other references. Islamic economic philosophy considers humans not as the center (anthropocentrism) but as servants of God who must serve and carry out the duties given by Him as managers (khalîfah). Therefore, in economic activities, it is very important to uphold the values of ownership, justice, freedom, balance, brotherhood and unity in accordance with religious teachings in order to form a harmonious order in personal, social and state life.

Инклюзивное совершенство: новая модель университета в XXI веке на основе универсального дизайна обучения

<p>Affordable high-quality university education is a moral and legal imperative today. At the same time, there are still numerous barriers to get this university education. The orientation of higher education towards world rankings and economic efficiency indicators contradicts with inclusive values and goals. Inclusive politics needs radical revision and updating. The aim of this research is to design an inclusive university model based on universal educational design. The research method is a review and theoretical analysis of scientific publications devoted to inclusive higher education and published on the platforms SpringerLink, PubMed, Frontiers and Taylor & Francis Group. The paper examines the concepts of inclusive excellence and universal design for learning and provides a theoretical analysis of the possibility of using these approaches to transform a modern university. The authors propose a model that takes into account: organizational culture, indicators of inclusive excellence, principles of transformation of the educational environment, external factors, global and national context and the process of transformation (involvement, representation, action through a plurality of means and environments based on agency). The expected result is of high importance for Russian and world science and is in the trend of key scientific research of education and its transformation, focused on the values of social justice, accessibility and equal opportunities, and also responds to the crisis situation in the humanities.</p>

Legal Reconstruction of the Sharia Banking Act Standard Regulation Based on the Values of Justice

This research aims to analyze and discover the weaknesses of the regulations for making Sharia banking deeds that do not yet have certainty value and how to reconstruct the standards for making Sharia banking deeds, the authenticity and legal force of notarial deeds used in Sharia banking practices based on the value of certainty in a normative legal research which examines legal norms in regulations that examine the research object. The data used in this research is secondary data, namely primary legal material in the form of laws and regulations governing criminal sanctions. Secondary legal materials in the form of scientific literature and previous research discussing criminal sanctions and tertiary legal materials in the form of legal dictionaries. Based on the results of data analysis, it is concluded that there are two weaknesses in the regulations for making Sharia Deeds in this case: a. The Sharia notarial deed agreement does not conform to the format according to Article 38 UUJN, especially the placement of the word "Bismillahhirrahmanirrohim" and the word "Alhamdulillah". b. The inconsistency of the Sharia notarial deed agreement in its substance is that there is a clause for immediate collection of all Murabahah debts and delivery/disposal of goods and this is clearly contrary to the Fatwa of the National Sharia Council number 04/DSN-MUI/IV/2000 concerning Murabahah therefore, it is necessary to reconstruct Article 38 paragraph (3) UUJN concerning deed bodies.