Justice Perspective Research Articles

Opportunities for Imposing Carbon Tax Through the Aceh Qanun in the Perspective of Inter-generational Justice

The Indonesian government’s policy in responding to the energy transition opens opportunities for local government participation to mitigate the energy transition and adapt to climate change. The Government of Aceh, with exceptional autonomy, made a breakthrough by paying attention to the impact of managing Oil and Gas Natural Resources through a carbon tax. This article analyses the perspective of intra-generational justice in the energy transition faced with special autonomy and looks for manifestations of participation through regional autonomy gaps. Localizing carbon taxes only from an economic perspective is far from benefiting the next generation. When examined, it is the key to the principle of sustainability to reduce the impact of oil and gas natural resources production in Aceh. The polycentric policy model between the government and local governments has a strategic role by taking advantage of various policies and reducing the impact of existing policies.

Universalization, Sustainability and “Justiceness” of Primary Education: Perspectives and Lessons from Uganda

Abstract It is through education that communities and governments can tackle political, economic, social and geographic inequalities and ills in the continent of Africa. It is for this reason that policies like the Universal Primary Education were adopted. Children have the right to basic quality education as espoused in several agreements such as the Convention of Childrens Rights of 1989 and the Sustainable Development goals. Access to quality education for success is a social justice trajectory and promotes social justice principles. This article was intended to examine the impediments in the effective implementation of Universal Primary Education policy in Uganda. The authors view the identified impediments as social injustice practices. In exploring the phenomenon, this study deployed a qualitative research approach within a constructivist paradigm. The authors located their thesis within Rawl’s perspective of social justice. This theoretical lens is fundamental and apposite in education in that social justice theorists believe that schools as social systems should create opportunities for inclusive and enabling schooling environments, and in addition provide quality education for students. This study is of great significance in that it contributes to the epistemology in the discipline of the management of universal primary education. The study yielded critical findings which can be summarized as follows: limited capitation grants, demotivated teachers, challenges related to stakeholder collaboration and coordination, communication, cooperation, engagement and consultation.

APA/APAGS Award for Distinguished Graduate Student in Professional Psychology: Sergio Domínguez Jr.

This award honors a graduate student who has demonstrated outstanding practice and application of psychology. "Sergio Domínguez Jr. is a PhD candidate in counseling psychology at the University of Wisconsin-Madison and a pre-doctoral intern in health service psychology at the University of Illinois Chicago Counseling Center. As a practitioner-scholar-advocate, their work focuses on facilitators and inhibitors to pleasure, particularly by using a racial-gender justice perspective as a vehicle toward achieving widespread freedom and liberation. Specifically, they are deeply invested in Black and Brown trans people's well-being, ethical and legal professional issues in psychology, and the transformative power of relationships in psychotherapy and in community-engaged psychological practice. Their connection to community and involvement in multilevel advocacy has enabled them to be a trusted collaborator for community-oriented individual, social, and systemic justice efforts. Sergio's dissertation involves a qualitative exploration of the ways trans people's gender euphoria defies systems of power that deprive all people from experiencing racialized gendered pleasure. After graduation, Sergio aspires to continue being a community-rooted psychological practitioner who intervenes individually, socially, and systemically to create pleasure-centric futures. While this award bears their name, this award was not earned by Sergio alone; instead, this award is shared with the many people who have done and will continue to do and support racial-gender justice advocacy." (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Politik Hukum Penegakan Tindak Pidana Pemilu Perspektif Keadilan Bermartabat

Abstract
 Election criminal law is built and enforced as a legal instrument for eradicating election criminal acts. In fact there is a demand to reform the legal politics of election crime enforcement from the perspective of dignified justice to create honest, fair and dignified elections. The problem studied is how the current law enforcement of election crimes is political and why it is important to reform the law enforcement politics of election crimes based on dignified justice. The research was conducted using a juridical-normative method with statutory and doctrinal approaches. The results of the study show that the regulation of election crimes is contained in a book of election law laws (UU No.7 of 2017 last amended by Law No.7 of 2023) there are as many as 67 articles consisting of offenses and crimes. Many criminal provisions are irrelevant, the enforcement of election criminal law is still far from what was expected, so it is necessary to reform law enforcement in a structured and systematic manner both from the aspect of substance, structure and legal culture. The politics of election criminal law currently places punishment as the foremost legal means, while the demands for the development of law enforcement for election criminal acts that are expected are punishment as a last resort and reform of law enforcement for election criminal acts based on dignified justice (justice that humanizes humans) a necessity in the context of guaranteeing legal objectives (fairness, benefit and certainty) and the objectives of holding elections that are fair and with integrity, legal certainty, effectiveness based on values, principles, norms and rules rooted in the spirit of the nation (volksgeid), namely Pancasila.Keywords: Legal Politics, Crime, Dignified Elections.

Policy discrimination against the minority group of flows of believers citizens in Indonesia: an administrative justice perspective

This study examines discrimination against aliran kepercayaan adherents in Indonesia, despite the Constitutional Court Decision Number 97/PUU-XIV/2016 recognizing their existence. This study found that human rights are inherent in humans and essential to life. Constitutional Court considerations include religious rights, particularly the right to believe in God Almighty, and affirmation that the rights are constitutional rights of citizens, not state gifts. The Constitutional Court also considered the definition of'religion' and 'belief' In conclusion, the Constitutional Court carefully and gradually applied Indonesian cultural values to the issue. The Constitutional Court believes the state should respect, preserve, and fulfill religious rights including the right to believe. The Constitutional Court Decision No. 97/PUU-XIV/2016 states that adherents of the faith have constitutional rights to embrace their beliefs and allows their status to be included in population administration documents, such as the electronic identity card. However, administrative service practices in Indonesia seem to still not be well implemented, which harms a sense of justice, especially administrative justice, which requires openness, confidentiality, transparency, justice, efficiency, accountability, consistency, participation, rationality, equality, and equal treatment.

Sustaining business as usual or enabling transformation? A discourse analysis of climate change mitigation policy in Swedish municipalities

AbstractThis article explores how discourses may influence the potential for success in mitigating climate change in Swedish municipalities. We identify dominant discourses in climate change mitigation policy in three Swedish municipalities using argumentative discourse analysis, based on policy documents and interviews as empirical material. Political leadership and adequate organizational preconditions are necessary for working with climate change mitigation in municipalities, but the role of discourse is also significant. Policy discourse constructs preconditions for certain scenarios while rendering others less likely. Previous studies have shown that the ecological modernization (EM) discourse tends to be dominant, something which this study confirms and investigates further. We find that the dominant discourse is strong EM, which largely considers it possible to decouple economic growth and environmental problems through renewable energy and technology. A focus on collaboration between stakeholders is central and a global climate justice perspective is present to some extent. Potential solutions that are not related to the market or technological innovation risk being rendered invisible when this discourse is dominant, but the inclusion of a diversity of actors and an increased focus on climate justice could potentially minimize this risk. Finally, emerging discourses around transformation and circular economy have potential to enable the forging of new paths. This depends, however, on how these concepts are framed and how they are used.

Access to Non‐reimbursed Expensive Cancer Treatments: A Justice Perspective

ABSTRACTWhen the cost‐effectiveness of newly approved cancer treatments is insufficient or unclear, they may not (immediately) be eligible for reimbursement through basic health insurance in publicly funded healthcare systems. Patients may seek access to non‐reimbursed treatment through other channels, including individual funding requests made to hospitals, health insurers, or pharmaceutical companies. Alternatively, they may try to pay out of pocket for non‐reimbursed treatments. While currently little is known of these practices, they run counter to a deeply held egalitarian ethos that is prevalent in many publicly funded healthcare systems. In this article, we investigate to what extent this ethos can be grounded in theories of justice, notably egalitarianism and prioritarianism. We argue that allowing out‐of‐pocket payments by patients themselves, in principle, is not unjust from the perspective of either of these theories, provided that it does not raise in‐practice justice‐based concerns, for instance by displacing more cost‐effective care, to the detriment of other patients, or by failing to treat patients equally. In contrast, we conclude that the practice of making exceptions for individual patients by health insurers or healthcare providers does run counter to the justice‐based requirements of equal treatment.

Legal Regulation of Algorithmic Gender Discrimination in the Digital Age

With the advancement of technology, algorithms have become increasingly widely applied in peoples lives, and the interdisciplinary issue of algorithms and sociology has become a new hot topic of widespread concern today. Some researchers have compared algorithmic discrimination to the information gap and preliminarily summarized the categories of algorithmic discrimination, but there is a lack of systematic and comprehensive explanation of its characteristics, classification, adverse effects, and development direction. Therefore, the research topic of this article is a more microscopic topic of algorithmic gender discrimination under the topic of algorithmic discrimination, using case analysis and systematic review. The article summarizes its concept, types, and analyzes the three reasons for its emergence. From the endogenous logic of algorithms to the inappropriate data added during the construction and upgrading of algorithms, to the non-standard system, gender discrimination in algorithms can be caused. The negative impact it brings is multifaceted in terms of economy, society, and technology. Finally, the article provides suggestions for addressing algorithmic gender discrimination from the perspectives of legislation, justice, and worker information security. This paper hope to provide theoretical basis for future in-depth research and effectively solve the problem of algorithmic gender discrimination.

A Social Justice Legitimacy to Protect Coastal Residents

This research aimed to establish the legitimacy of protecting coastal residents from a social justice perspective. This was normative legal research conducted following cases, statutes, facts, and comparisons. The results of this study show how important it is to prioritize social equity for coastal protection. As natural calamities become more frequent, property protection becomes more difficult. Countries endowed with substantial financial and human resources can effectively tackle the challenges associated with climate change mitigation through the development and establishment of state-of-the-art scientific and technological infrastructure. In multicultural social justice, all individuals are valued. Priorities for environmental and social justice are prevalent in developing nations afflicted by coastal ecological degradation and widening income gaps. Developed nations like Germany have implemented and enforced coastal protection policies to uphold environmental justice principles. Second, the community-led governance initiatives generated genuine participation through mutual aid. Environmental law advances the cause of social justice. Environmental justice, which emphasizes the distribution of resources and the preservation of vulnerable groups, has emerged as the essence of justice in the ecological age.

The Application of Restorative Justice in Traffic Accidents with Child Perpetrators that Resulted in The Death of The Victim

The basic principle of restorative justice in the case of an accident that resulted in the death of the victim is the recovery of the victim's heirs who suffered from the death of the victim. The perpetrator's family and the victim's family make an agreement in the form of compensation to the victim's family. This research examines the settlement of traffic accident cases with the principle of restorative justice in Law Number 22 of 2009 concerning Road Traffic and Transportation and the application of the principle of restorative justice in the examination of cases in court in cases of traffic accidents committed by children resulting in death. The research method is normative juridical. The results showed that Law Number 22 of 2009 concerning Road Traffic and Transportation requires compensation to be given to the victim's family where in the perspective of restorative justice this is in line with the recovery of losses suffered by the victim's family. If the perpetrator is a child, the settlement uses diversion if there is an agreement between the parties. If no agreement is reached, the examination continues in court where the judge still prioritizes the principles of restorative justice in examining and passing a verdict.

Supporting Intellectually Disabled Women’s Sexual and Reproductive Health and Rights: A Qualitative Study With Support Workers in Aotearoa New Zealand

This article presents findings from a qualitative study of support worker responses to intellectually disabled women’s sex and reproductive health. Drawing on reproductive justice theory, interviews with seven support workers from various disability service providers in New Zealand were analyzed using reflexive thematic analysis. The findings point to the persistence of a sexual risk discourse, which undermines progressive perspectives, including the rights-based approach that is usually advocated for in sexual and reproductive health, and ultimately constrains intellectually disabled women’s sexual agency. The value of a reproductive justice framework for countering risk-oriented framings in favor of a social justice perspective that expands the notions of individual rights is discussed. The findings support a growing global evidence base and have implications for national and international policy and practice.

Foreign labour migration in Nepal in relation to COVID-19: analysis of migrants’ aspirations, policy response and policy gaps from disaster justice perspective

ABSTRACTThis paper examines the effectiveness of migration policies in dealing with the challenges that Nepalese migrants faced during this pandemic from a disaster justice perspective. Like in other periods of natural or human-made crises, the Nepal Government brought new policies and programmes to help the victims in their reintegration. In this context, this paper examines what policies and programmes worked and what did not work based on the findings of a large survey conducted among migrants and qualitative information collected during the implementation of a programme on reintegration. The paper highlights that understanding the social vulnerability of migrants is critical to devising policies that could benefit them in such disasters. It demonstrates that socially vulnerable groups are not only disproportionately affected by disasters and are less capable of resilience and recovery; they are also not supported well by public institutions like the government. This situation makes such migrants further vulnerable to poverty, physical exploitation and psychological stresses, which calls for policies and programmes that support them in preparedness and, in the event of a disaster, long-term recovery until they become resilient. This study shows that local governments are in a better position to target the ‘socially vulnerable’ and to implement reintegration programmes.

The impact of air pollution on neurocognitive development: Adverse effects and health disparities.

Air pollution is recognized as a major public health concern. The number of deaths related to ambient air pollution has increased in recent years and is projected to continue rising. Additionally, both short- and long-term air pollution exposure has been linked with deleterious effects on neurocognitive function and development. While air pollution poses as a threat to everyone, people of color and individuals of lower socioeconomic status are often exposed to elevated levels of air pollution as a function of systemic racism and classism. Further, given additional disparities in access to healthcare and other compounding stressors, adverse effects of air pollution on neurocognitive health are exacerbated among individuals who hold marginalized identities-making effects both less likely to be detected and treated. This review examines evidence of the effects of air pollution on neurocognitive development across the lifespan and incorporates an environmental justice perspective to highlight disparities in air pollution exposure across race and socioeconomic status. Last, upon the reviewed evidence, limitations of past research and recommendations for policy are discussed.

Planungskonflikte und Gerechtigkeit: Konzeptionelle Überlegungen am Beispiel des Ausbaus der Windenergie im Nordosten Deutschlands

The energy transition and the expansion of renewable energies are central challenges to planning. In view of tightened climate protection targets and the associated rise in installation capacity, planning conflicts are likely to intensify further in the coming years. At the same time, democratic institutions are under increasing pressure. The expansion of wind energy must proceed swiftly while democratic participation must be ensured. Based on planning conflicts over wind turbines in Mecklenburg-West Pomerania and Brandenburg, this paper addresses the extent to which research on planning conflicts can benefit from a justice perspective, both in theoretical-conceptual and empirical terms. Drawing on concepts from research on spatial justice, energy justice, and planning justice, the paper uses a three-dimensional conception of justice to identify access points for dealing constructively with conflicts. First, conflicts have to be recognized as such and their productive potential has to be acknowledged. Second, strategies have to be established that allow conflicts to be dealt with constructively. In doing so, several dimensions of justice must be taken into account: distributive justice and the question of what is to be distributed according to which criteria, recognition justice and the reflexion on difference and needs beyond hegemonic majority opinion, and finally procedural justice, which is intended to ensure that recognition and fair distribution can be implemented. In this way, a proactive attitude towards planning conflicts can make a central contribution to sustainable and democratic planning.

Papua Conflict Resolution In Contemporary Counter-Insurgency Perspective Using Mystic Diamond

The conflict shows that the escalation tends to heat up marked by a series of attacks on civilians, religious leaders and health workers in July 2022. The problems show relevance and are correlational in government policies in economic development and the Papuan independence referendum. The perspective of the authoritarian approach is transformed into human security based on democracy, security and economic stability. Weak guarding and monitoring of government policies has led to problems and various rejections, including the Law on new autonomous regions. The purpose of writing this scientific paper is to analyze government policies in responding to the Papuan conflict in terms of the counterinsurgency strategy. The writing of this scientific paper uses a qualitative method that emphasizes observing the phenomenon and substance of the meaning of the Papuan conflict phenomenon.The COIN Papua strategy was developed with the concept of a mystic diamond with the addition of supervising and overseeing government policies through a dual control system between the government and the civilian. This is useful for growing Papuan people's trust in the Indonesian government and improving its image internationally. In addition, it requires seriousness in constructive communication, dialogue framing and international diplomacy through the International Parliament for West Papua (IPWP), International Lawyer for West Papua (ILWP), United Liberation Movement for West Papua (ULMWP) as part of conflict resolution from a historical justice perspective. and memoria passionis

Fringe Benefits in Tax Law: Matching Principle and Tax Justice Perspective

This study addresses a significant issue within Indonesia's income tax policy, focusing on the taxation of fringe benefits and non-monetary compensations. Fringe benefits, being non-monetary rewards granted to employees, have gained prominence in various sectors' remuneration structures. The evolving landscape of in-kind taxation, encompassing natural elements, prompts inquiries into the determinants of tax imposition choices and their equity ramifications. The study aims to explore the income tax perspective on fringe benefits and non-monetary gains, emphasizing the applicability of the matching principle and its implications for equitable taxation. Despite the rising importance of fringe benefits, scholarly discourse on the alignment of conformity principles with in-kind taxes remains sparse. Therefore, this study offers a fresh contribution in comprehending this matter. Employing both a policy analysis and taxation approach, the study draws data from literature, tax statutes, and the latest economic reports. The findings underscore the significance of integrating the conformity principle in the taxation of fringe benefits and non-monetary rewards. This integration can augment the efficiency and transparency of state financial management, curbing detrimental tax avoidance practices that undercut state revenue. In summary, this study validates that adopting the conformity principle in taxing fringe benefits and non-monetary gains holds the potential to bolster state revenue and enhance fiscal management efficiency. The research's implications can guide policy makers in refining the national tax framework and fostering equitable taxation in Indonesia.

Legal Consequences Due to Default in Agreements During the Covid-19 Pandemic in the Perspective of Justice

A covenant is an event where one person promises to another or where two people promise each other to do something. In fulfilling the promises that have been agreed upon by both parties, sometimes there are obstacles. The Covid-19 pandemic is a non-natural factor that has a huge impact, and has its own legal consequences, as well as legal protection. So that the author feels the need to conduct research, in which the author uses normative juridical research methods or literature law research methods, this research uses primary legal materials, secondary legal materials and tertiary legal materials. Legal aspects of default in an agreement if the debtor does not do what he promised. Although force majeure circumstances do not necessarily invalidate an agreement, it can be used as a basis for renegotiation to create a sense of balance, in order to avoid losses by the parties and in order to provide a sense of justice. The policies taken by the government in handling COVID-19 are proof of the presence of the state in providing legal protection to the community, in order to create a sense of security and guarantee the existence of just laws.

Transitional justice perspective on property reparations in Iraq

AbstractIraq has endured decades of authoritarian rule and conflict, resulting in widespread property violations and displacement. In response, several property restitution and compensation initiatives have been implemented to pursue justice for the victims. However, questions remain about their ability to provide adequate and effective redress. This paper critically examines the flaws and challenges of these mechanisms through the lens of transitional justice. It investigates the extent to which property reparations in Iraq have been structured and implemented within the framework of a transitional justice policy, while analysing the underlying principles of the concept. The findings indicate that property reparations have fallen short due to the lack of a well‐designed programmatic framework supported by viable institutional models and procedures. Additionally, weaknesses lie in the lack of coherence between these initiatives and other institutions and policies, necessitating a holistic framework that guides institutional arrangements, financing, and prioritization strategies. Consequently, this paper argues that a more effective, holistic, and contextually grounded approach informed by transitional justice has the potential to address these issues and strengthen the reparations efforts.

Implications of Citizen Lawsuits for Forest and Land Fires in Central Kalimantan Province from the Perspective of Environmental Justice

Forest and land fires in Central Kalimantan Province in 2015 caused a lot of losses in the aspects of health and the economy. Therefore, the community filed a citizen lawsuit at the Palangkaraya District Court in 2016, suing the Indonesian President, various Ministers, the Governor, and the Legislative House of Central Kalimantan. From the first level to the cassation level, the plaintiffs won the case. But then, a judicial review was carried out and the Supreme Court granted it. So, the Government was free from any charges. This research used a socio-legal research method with a case study approach. Decision No. 980 PK/PDT/2022 which granted the Substantial Government Review had not created justice for the community and the environment, even though it aimed to maximize benefits for the community. The lawsuit filed by civil society in the case of forest fires in Central Kalimantan in 2015 against the government was a citizen lawsuit. The community’s demands through the lawsuit aimed to uphold and protect the environment and ecocracy principles. Thus, the Supreme Court decision is considered to fail in representing the principle of substantive justice.

Recommendations for initiating and engaging local energy communities in alignment with justice principles – evidence from seven European citizen engagement processes

Background The promotion of local energy communities is highlighted as a solution to accelerate the transition towards a more decentralised, decarbonised and just energy system. EU policies are actively trying to strengthen the role of local energy communities as vital actors in the energy system. These developments open up a space for energy communities across Europe that are initiated, supported and/or strengthened from actors outside of the community. Such approaches have received limited attention by academic literature. The perspective of energy justice can serve as a normative framework to assess how the engagement of local residents and stakeholders in energy communities should take place. This paper points out injustices in seven different community engagement trajectories that took place as part of the Horizon project Lightness. Methods Relevant data was collected over the course of more than two years of field work, including interviews with residents and engagement leaders, workshops and site visits. A framework based on justice principles called The Voicer model was applied to analyse the data and pinpoint injustices. Results Based on these findings it provides ten recommendations for engaging residents and other local stakeholders in a just manner in local energy communities (LECs). These recommendations address among others the competences required for engaging residents in community-building, the importance of accessible communication and how to deal with the complexity of multi-stakeholder involvement. Conclusions The pathways for just engagement shown in this paper are limited in scope and would benefit from application in contexts with different legal, economic and governance configurations. Doing so can provide engagement practitioners with tangible tools to let diverse groups of residents enjoy the benefits that a just energy transition has in offer.