Justice Practices Research Articles

Penerapan Restorative Justice dalam Kasus Kekerasan Domestik di Indonesia: Studi Empiris di Wilayah Perkotaan dan Pedesaan

Domestic violence is a critical issue affecting many individuals and families in Indonesia, with varied impacts across urban and rural areas. This study examines the implementation of the Restorative Justice approach in resolving domestic violence cases in these contexts and identifies factors influencing its effectiveness. Using a mixed-methods approach, the research combines quantitative analysis through surveys and qualitative insights from in-depth interviews. Data were collected from 300 respondents, including victims, offenders, and mediators, from urban and rural settings, alongside interviews with key stakeholders. The findings reveal significant differences in acceptance and satisfaction with Restorative Justice processes between urban and rural populations. In urban areas, higher legal awareness and access to trained mediators contribute to a 70% satisfaction rate, reflecting better participation and understanding of the process. In contrast, rural areas exhibit a lower satisfaction rate of 50%, hindered by cultural norms, limited legal knowledge, and a shortage of qualified mediators. Despite these challenges, Restorative Justice shows promise in addressing domestic violence by fostering dialogue, accountability, and reconciliation, emphasizing victim empowerment and offender rehabilitation. This study underscores the necessity of adapting Restorative Justice practices to local socio-cultural contexts to enhance effectiveness. Recommendations include developing tailored mediator training programs, increasing public awareness, and integrating community leaders into the process to build trust and legitimacy. The research contributes to the discourse on legal reform by highlighting the potential of Restorative Justice to create a more inclusive, responsive, and sustainable mechanism for resolving domestic violence cases in Indonesia. These findings are pivotal for policymakers in designing adaptive strategies to bridge the urban-rural divide and strengthen the justice system.

중학교 미술수업에서 사회정의 실천을 위한 사회공헌 디자인 (Philanthropy Design) 프로젝트 실행연구

This study aims to reflect on the results of the operation of the philanthropy design project for practicing social justice and to provide implications for practicing social justice through art education. Art education as a practice of social justice is not an exploration of beautiful colors or shapes, but a practice linked to life that continuously communicates and solves problems that can become social issues. Accordingly, through the philanthropy design project, problems are found in socio-cultural aspects, public interests are pursued, and problems are solved with novel and original designs. In particular, this study was designed to provide in-depth education by organically linking the content elements of knowledge and understanding, process and function, and value and attitude in the 2022 revised curriculum, ‘Teaching and Learning in School Curriculum Design and Operation.’ In the first stage (emotion), the class was developed as a student- participatory class, which provided students with a deep experience related to life. In the second stage (cognitive) area, the procedural knowledge of process and function enhanced cooperation and creative problem-solving skills, and in the third stage (behavioral) area, the ability to practice social justice linked to life was demonstrated by internalizing it in terms of values and attitudes.

What’s in a name? Participants’ pseudonym choices as a practice of empowerment and epistemic justice

ABSTRACT In qualitative research, using pseudonyms for participants is a common practice. This paper examines how inviting participants to choose their pseudonyms contributes to epistemic justice in the research process. We highlight the transformative potential of participant agency in the research journey by exploring data derived from a large qualitative study of 40 participants from diverse cultural identities who shared their experiences of their doctoral journeys at Western universities (predominantly in Australia). Participants were invited to choose pseudonyms for themselves and their institutions. Employing a narrative inquiry research methodology, data were analyzed via a three-stage iterative process, focusing on participants’ pseudonym selection and the contextual explanations provided for their choices. Our findings reveal that when participants choose their pseudonyms, they are able to present their narratives with greater authenticity, capturing the richness of their lived experiences and cultural contexts, thereby advancing epistemic justice. This practice not only created a space of empowerment for participants but also fostered trust and collaboration between researchers and participants. Thus, we argue that recognizing and inviting the agency of participants in terms of naming can be considered a critical method, shifting traditional power dynamics in research by recognizing participants as experts on their own experiences.

Future(s) for the church on the corner: A proposed praxis of spatial justice for South African congregations

South Africa, is a racially, economically and spatially divided nation, a legacy of our colonial and apartheid histories. Thirty years into democracy, discourse across all spheres of society around land, spatial and housing justice continues to provoke questions about the political and societal will for making access to land ownership and space for dignified, humane living an accessible reality for all who live in South Africa. All denominations are not and should not be separated from this discourse as they are an integral part of the colonial and apartheid land, spatial history and current reality of contestation. A study focusing on suburban churches in previous whites-only southern suburbs of the City of Cape Town was conducted in the few months before the coronavirus disease 2019 (COVID-19) lockdowns of 2020. An emancipatory approach explored the praxis of these churches in relationship to South Africa’s ongoing concern with land reform within the context of urban land (in)justice and put this into conversation with the questions of church-owned land and property usage. This article revisits the key findings of the study incorporating two key elements of a praxis-based approach: theological reflection and action towards transformation. The article connects the findings to the authors’ autoethnographic reflections and research on the unfolding praxis of (sub)urban churches during and post the COVID-19 pandemic. To conclude, South African churches are invited into an ongoing emancipatory approach to address the issues of urban land injustice, and embrace a praxis of spatial justice, which includes concrete steps towards creating faith-based ‘Just Housing’.Intradisciplinary and/or interdisciplinary implications: This article presents a conversation on church and spatial histories, and current realities alongside emerging theologies that ’foster inclusive and just social imaginaries‘ and ’make room for utopic possibilities to play out‘.

Entre vozes e silêncios

The field of legal anthropology has widely debated Indigenous Peoples’ justice practices. However, the legal perspective of sexual offenses remains understudied. In this respect, this paper depicts the Arhuaco people's justice system, from the spiritual and political entities to the procedure, and sanctions, touching upon how the homogenized society influences Indigenous People’s justice in Arhuaco society. Furthermore, this work explores how the Arhuaco people resolve cases in which community members are allegedly responsible for committing sexual crimes. It also highlights some challenges connected to raising this type of offense and its lack of trust in authorities, disregard for the victim's version, and the difficulty of verifying these cases. During the fieldwork in the Arhuaco territory, the applied method follows some parameters of the procedural paradigm-legal conscience studies as an interpretive framework to understand how the Arhuaco women conceive the legal phenomenon. As a result, this study offers some insights into the Arhuaco women's perceptions of justice, specifically concerning sexual abuse cases. Such a perception is analyzed based on the Arhuaco women's political position, cultural and lineage origin, illustrating how they constantly go through inter-legality practices to claim justice for sexual offenses.

Compatibilism and Truly Minimal Morality

Abstract I formulate a compatibilism that is distinctively responsive to skeptical worries about the justification of punishment and other moral responsibility practices. I begin with an evolutionary story explaining why backward-looking reactive attitudes are “given” in human society. Cooperative society plausibly could not be sustained without such practices. The necessary accountability practices have complex internal standards. These internal standards may fully ground the appropriateness of reactive attitudes. Following a recent analogy, we can similarly hold that there are no external standards for what is funny; the norms of comedy are complex, but funny is funny. However, this is compatible with moral reasons to change the practices themselves, and therefore change what is fitting within them: in the first instance, a moralistic “that's not funny” is ill-fitting, but “that shouldn't be funny” can be apt. The analogous reformist position prescribes practices constituting the minimal responsibility norms necessary for cooperative society.

A paradox of public engagement: The discursive politics of environmental justice in Canada's Chemical Valley

AbstractFor over a decade, members of the Aamjiwnaang Nation have continued to fight for the recognition and redress of their unique environmental health concerns in a region known as Canada's Chemical Valley. From a critical policy studies lens, this article addresses the discursive policy challenges faced by those who are most affected by the toxic policy assemblage of enduring pollution exposure. In response to the research question: how can the voices and lived experiences of those living in pollution hotspots like Chemical Valley contribute to the theory and practice of environmental justice, this article draws upon findings from extensive field‐work in the surrounding region of Lambton County as well as policy advocacy including participation in Senate of Canada hearings. This analysis examines how the omission of community‐based knowledge and expertise reproduces inequities. The article concludes with strategies for improved environmental justice and lessons learned for policy justice in Canada and beyond.Related ArticlesAl‐Kohlani, Sumaia A., Heather E. Campbell, and Stephen Omar El‐Khatib. 2023. “Minority Faith and Environmental Justice.” Politics & Policy 51(6): 1069–96. https://doi.org/10.1111/polp.12564.Ash, John. 2010. “New Nuclear Energy, Risk, and Justice: Regulatory Strategies for an Era of Limited Trust.” Politics & Policy 38(2): 255–84. https://doi.org/10.1111/j.1747‐1346.2010.00237.x.Dilmaghani, Maryam, and Jeremy Dias. 2023. “In or Out? Citizenship Outcomes of Working Sexual and Gender Minority People of Canada.” Politics & Policy 51(5): 868–97. https://doi.org/10.1111/polp.12557.

‘The first initial bit was trying to get her to speak to me’: trauma informed relationship-based practice with female offenders in care

ABSTRACT This article reports on findings from a research project that explored how youth offending practitioners applied a trauma-informed approach to relationship-based practice when working with girls who were in both State care and contact with the Criminal Justice System in England. The study was conducted in three local authorities, using semi-structured interviews with 20 youth offending practitioners. The findings suggest effective youth offending practice with this group of young women is distinctive in prioritising complex welfare needs as a route to addressing offending. This is managed in practice through developing strong and supportive relationships that are individualised and led by young women. This bespoke approach to criminal justice practice presents challenges to the traditional care/control dichotomy and adds to the developing discussion around ambiguities of role when addressing vulnerabilities through a criminal justice lens. It also discusses ethical issues when considering wider systemic structures around these girls and their future pathways. Finally, the article argues that an explicit intersectional trauma-informed approach reframes youth offending practice and allows practitioners to navigate the inherent tension in the care and control dichotomy, creating relationships that are containing, predictable and safe for young women in care with histories of trauma.

CONFLITOS DE INTERESSES: UMA ANÁLISE HISTÓRICA DAS PRÁTICAS DE PUNIÇÃO E MEDIAÇÃO

This article investigates the historical evolution of punishment and mediation practices, focusing on the Brazilian context. Starting from the premise that conflict resolution should go beyond punishment, it seeks to explore alternatives that promote reparation and the reintegration of offenders into society. Human dignity, as discussed by Guedes (2018), is considered a central principle in justice practices, highlighting criticism of the traditional punitive system, as analyzed by Foucault (2013). Contemporary examples of mediation, such as peace circles and restorative justice programs implemented in Brazil, are examined in light of Lima's (2017) contributions and relevant legislation. The study concludes that implementing restorative practices represents a viable path toward building a more inclusive and humane justice system, capable of promoting social peace and respect for the dignity of all involved.

Book banning and contractual expectations of white cisheteropatriarchy: a praxis for epistemic justice in K–12 schools

ABSTRACT In the United States, schools are expected to navigate the political climate of anti–critical race theory and anti-LGBTQ + discrimination, where white identity politics herald white knowledge as the invisible standard against which racial, gender, and sexuality differences are constructed. State policies that facilitate the removal of diverse books in schools and libraries – compounded by nationally driven and locally expressed efforts to further expand such bans, whether successful or not – reintroduce students to stratified curricular expectations. In this context, we interrogate the relationship between white cisheteropatriarchal curricular expectations and the racial contract and the role of GLSEN’s Rainbow Library in confronting the perpetuation of testimonial, hermeneutic, and agential injustices. We conclude with a reflection on possible pathways for terminating white cisheteropatriarchy in further pursuing epistemic justice at the intersections of race, gender, and sexuality.

‘If you see something that’s not right, we need to challenge it.’ A critical review and qualitative exploration of Educational Psychologists’ perceptions of social justice and practice in local authority services in the West Midlands

AimsThere has been relatively little research into social justice in educational psychology in the UK. A qualitative exploration of Educational Psychologists (EPs’) views of social justice in educational psychology practice in England was undertaken, aiming to comprehend how EPs understand and define the term in relation to their role; and what EPs can do to work towards social justice, noting perceived barriers to working towards social justice in EP practice.Method11 EPs employed in four West Midlands Local Authorities (LAs) took part in semi-structured interviews, analysed using Reflexive Thematic Analysis.LimitationsThis was a small-scale exploratory case study design. It was likely to have recruited participants who were already attuned to social justice agendas. Thus, responses were relatively uniform in their orientation. The study also did not capture the voices of EPs working outside of local authority settings, or privately, or outside of the West Midlands who also may have significant contributions to how best to facilitate social justice work.ConclusionsThe final psychological framework presented may inform EP reflection, to develop and further refine cycles of EPs’ own social justice praxis.

Capital Punishment in Ethical Scrutiny: The Validity of Judicial Execution

This analysis sequentially addresses the various aspects of capital punishment, beginning with the notion of justice, moving to the relationships between modes of justice and criminal punishment, and then discussing the precedent for the death penalty and its global relevance. This analysis utilizes a conceptual analysis approach that interacts with the various factors relating to capital punishment through ethical analysis, ultimately weighing everything in terms of morality while mentioning implementational considerations, which can include economic and pragmatic elements. Ultimately, concluding thoughts regarding the most proper perspective on judicial execution after ethical analysis are delivered in the final section, Section 4, of this analysis. Final conclusions on the object of this analysis reveal that capital punishment often perpetuates existing cycles of violence and fail to properly heal the deeply rooted causes behind criminal actions. Although capital punishment has deep historical precedence in the criminal justice systems of the international community, the findings of this analysis point to the fact that alternatives, which align more with restorative justice practices, are worthwhile and could lead to more ethical and effective outcomes in the pursuit for a better society.

Social Participation in Community Corrections: A Qualitative Analysis of Justice Practices in China

In China, the widespread implementation of community corrections is a key strategy designed to reduce the burden on the criminal justice system. This strategy prominently features social participation as a critical element. This study delves into the effects of social participation on correctional practices by conducting in-depth interviews with a diverse group of stakeholders, including community corrections officials, judicial police, community workers, and counselors. Our findings reveal a predominant government-led approach to social participation, where government-funded social organizations play a major role. The research also highlights significant role conflicts and jurisdictional ambiguities within the system, which may arise from unclear criminal policies. These conflicts and ambiguities underline the challenges in the current implementation of community corrections. By examining these dynamics, the study suggests that refining the government-led model of social participation could provide more effective strategies for enhancing civic engagement and improving the efficacy of community correction.

Do apologies promote the reintegration of former combatants? Lessons from a video experiment in Colombia

Transitional justice practices frequently involve public apologies where former combatants confess their wrongdoings and ask for forgiveness, with the underlying assumption that such displays facilitate the reintegration of ex-combatants into society. However, little is known about the public response to ex-combatant apologies. In this article, we investigate the causal effect of an armed group apology on attitudes toward ex-combatant reintegration in Colombia. Our study builds on a novel experiment implemented in Meta, a conflict-ridden department of Colombia. The experiment entailed exposing a subset of participants to a video in which a former rebel group leader apologizes for violent acts committed by their armed group during the civil war. To examine the extent to which external actors influence the effectiveness of apologies, we incorporated third-party ‘encouragements to forgive’ (endorsements) in two additional treatment conditions. Our analysis demonstrates that, on average, participants do not exhibit higher reintegration attitudes when exposed to the apology, regardless of third-party endorsements. However, the absence of a treatment effect is not due to an indifference to the apology. In an exploratory heterogeneity analysis, we show that the apology induces negative effects on some indicators of reintegration attitudes among participants that did not support the peace agreement. This finding aligns with qualitative data gathered in a follow-up survey, which indicates that opponents of the peace agreement generally describe negative emotional responses to the FARC-EP apology. The results call for a reconsideration of unchallenged prescriptions of public apologies after conflict.

THE IMPORTANCE OF ENVIRONMENTAL PROTECTION CONCEPT IN EUROPEAN CENTRAL BANK LAW

The subject of this paper is the introduction of the environmental protection concept in the central banking law to preserve natural resources and contribute to ensuring sustainable economic development. In that sense, the author will attempt to describe the potential contribution of green central bank legislation in managing and mitigating environmental issues, aiming to identify the ecological dimension of the European Central Bank (ECB) mandate, as the supreme monetary institution of the European Union (EU). The following text focuses on the functional analysis of the ECB’s potential legal mandate for environmental activities, their scope, limitations, and practical justification where the introduction of these new activities must be carefully managed without creating a collision with its primary task of maintaining monetary and financial stability.tability.

Skewness impact through distributional evaluation (SITDE) method: a new method in multi-criteria decision making

In this article, we propose the Skewness Impact Through Distributional Evaluation (SITDE) method for multi-criteria decision-making. Unlike traditional methods ignoring criteria distribution asymmetry, SITDE enhances the decision quality. We use a case-study on electric vehicle selection to illustrate the efficiency of SITDE relative to conventional methods. The comprehensive decision support with SITDE across multiple thresholds is an important aspect of a detailed and balanced decision-making virtue as our results show in case the skewness effects are included. Theoretical backgrounds, typologies practical applications and statistical justifications to confirm the accuracy of SITDE in regarding to limit complexities MCDM scenarios are explained this paper. SITDE enhances a robust decision-making process by accounting for the inherent biases of symmetric assumption models. Moreover, SITDE proves to be extremely useful in cases for dealing with asymmetrical data distributions and skewed datasets humanitarian cause as infected situations are always overwhelming. This broad applicability indicates the potential for wider use with respect to different domains, such as in environmental management and financial risk assessment. Future studies should investigate the adequacy or insufficiency of its fusion with different MCDM methods and explore if this approach would apply a more efficient and valid insight that might enhance decision making in multiple sectors.

National identification weakens, and territorial identification strengthens, the relationship between masculine honor values and the justification of practices of connivance with the mafia

AbstractOrganized crime's governance raises questions about mechanisms facilitating the exercise of illegal authority in society. The present research tested the association between masculine honor ideology and the justification of connivance practices facilitating criminal groups' activities. We examined the novel idea that national identification would attenuate and territorial identification would strengthen such a relationship, reflecting different sources of authority at the national and territorial levels. In Studies 1a and b (N = 398 and N = 399), we measured individuals' endorsement of masculine honor, justification of connivance practices, and national and territorial identifications. In Study 2 (N = 390), we experimentally manipulated the salience of these identities. Results supported the hypotheses that the link between masculine honor and justification of connivance was weaker at higher levels of national identification and stronger at higher levels of territorial identification. Implications and future directions are discussed.

The national doctrine of good faith in civil proceedings: a review of the main scientific works

The article examines the scientific works of national scholars on civil procedure and the practice of justice in civil cases with a view to understanding the evolutionary path of formation and development of national legal thought and legislation on such a legal phenomenon as the principle of good faith. The author analyzes the issues of good faith and misconduct in procedure, abuse of procedural rights, civil procedural liability and procedural coercion, and procedural duties as related legal categories of our study. This topic is insufficiently developed, as domestic proceduralists mainly focus their efforts on the problem of abuse of procedural rights in civil proceedings, with fragmentary attention to the issue of procedural good faith. The article examines the main works of modern Ukrainian researchers who have studied the issues of the principle of good faith in its various manifestations, which, in our opinion, are conceptually complete and serve the purposes of studying the chosen subject matter. The author summarizes that a number of researchers consider good faith through the interaction of the court and the parties in civil proceedings, characterize it as a comprehensive, evaluative legal category which distinguishes between lawful procedural behavior and abuse of procedural rights, and draw attention to the need for a legislative definition of the definition and criteria for abuse of law. The author examines related legal categories which allow identifying possible forms of abuse of procedural rights, classifies them and assesses the legal consequences of their exercise. The author proposes measures to encourage participants to the court proceedings to behave in good faith during the consideration and resolution of a civil case. The author determines that good faith in civil proceedings is of integrative importance and may include similar legal categories: prohibition of abuse of procedural rights; requirement of good faith fulfillment of procedural obligations; procedural estoppel or prohibition of other unlawful obstacles to the administration of justice.

Techniques for increasing tomato yield in Astrakhan region

Relevance. The use of mineral fertilizers in the cultivation of tomato in the first place should ensure the best conditions for the nutrition of plants during the entire growing season in accordance with their need.The research methodology was based on generally accepted methods for vegetable growing. The main goal of this study was to improve the zonal technology for cultivating tomato in open ground using leaf dressing with KCL and KNO3 preparations, aimed at increasing the level of yield during irrigation in the north of the Astrakhan region. Field experiments were carried out at the experimental irrigated land use area of the Federal State Budgetary Scientific Institution "Caspian Agrarian Federal Scientific Center of the Russian Academy of Sciences" in the period from 2021 to 2023. The scientific novelty of the study was the theoretical and practical justification for the use of leaf dressing with KCL and KNO3 in the cultivation of vegetables, aimed at the formation of highly productive commercial products.Results. During the research work, a comparative analysis of various standards of use of drugs was carried out, highlighting the most promising option. Three-year studies found that the use of potassium fertilizer KCl with a concentration of 0.5%), 30... 40 days. after planting (flowering), 50 days. after planting and 60 days. after planting gave a significant increase in yield relative to the control option. Conclusions. Based on the results of the analysis, an average of five charges, the KCl treatment variant Background + 3 (concentration 0.5%) was identified, which had the highest yield of 130.56 t/ha. This option was significantly different from both control and other options under study. The increase relative to the control was + 4.08 t/ha or + 3.2%.

Barriers to Law Enforcement Responsive to the Interests of Victims: A Study on the Practice of Justice for Violent Crimes in the Jurisdiction of Class IA Kupang District Court

Barriers to Law Enforcement Responsive to the Interests of Victims: A Study on the Practice of Justice for Violent Crimes in the Jurisdiction of Class IA Kupang District Court