Law And Justice Research Articles

Online Trials in China: Legal and Institutional Approaches During Different Stages of the Pandemic

Abstract China has set off a wave of legal and institutional approaches to meet the need of access to justice and rule of law in cyberspace. Online trials and Internet courts as the approaches have not been developed so rapidly until the outbreak of COVID-19. This article will divide the development of online trials in China into three stages and discuss their functions and orientations during different times of the pandemic.

THE CONCEPT AND IMPLEMENTATION OF SUBSTITUTE HEIRS AT THE SHARIA COURT OF ACEH PROVINCE, INDONESIA

The Quran and Hadiths specify rightful recipients of Zawil Furudl inheritance, creating a loophole for substitute heirs. Islamic scholars debate the concept of successor inheritance. This study explores substitute heirs and their status as alternate beneficiaries in Aceh's Sharia Court. The Aceh community rejects substitute heirs due to classical philosophy requiring the successor to be alive at the original heir's death. Despite not being present in fiqh and adat literature, substitute heirs are recognized in the Shariah Court under Article 185 of the Indonesian Compilation of Islamic Law. This recognition aligns with the objectives of Islamic law for justice and benefit. Legal pluralism allows for this practice, emphasizing harmonization between legal systems

Harmony Unveiled: Sharia Law and Human Rights in Dubai's Justice

Utilizing a literature review as the primary method, this study delved into the navigation of tradition and modernity within Dubai's criminal justice system. The methodology entailed a comprehensive review of existing scholarly works, legal documents, and reports pertaining to the subject matter. The analysis synthesized insights from various sources to examine the system's integration of international human rights values and Sharia law principles. Additionally, it explored mechanisms for defending minority rights and assessed perceptions of the system's fairness and effectiveness among different segments of the population. Through this literature-based approach, key findings emerged. Firstly, the majority of sources indicated that the system effectively balances international human rights standards with Sharia law principles. Secondly, specialized courts and legal aid provisions were identified as mechanisms for safeguarding minority rights. Lastly, while the system was generally perceived as providing adequate protection, opportunities for improvement, such as enhancing access to justice for marginalized groups, were highlighted. In conclusion, the findings suggest that the Dubai criminal justice system has successfully negotiated tradition and modernity, offering valuable insights for other jurisdictions. Nonetheless, further research is warranted to evaluate the long-term implications of these findings and to refine strategies for ongoing enhancement in response to evolving societal demands.

Justice Dilemmas in Law – the Law Justice Meta-Principle Under the Example of the Polish Administrative Process

Justice Dilemmas in Law – the Law Justice Meta-Principle Under the Example of the Polish Administrative Process

PELAKSANAAN DIVERSI PADA SISTEM PERADILAN ANAK PERSPEKTIF KEADILAN RESTORATIF DALAM HUKUM ISLAM

Diversion is the transfer of settlement of child cases from the criminal justice process to processes outside the criminal justice. whether the diversion process in Law no. 11 of 2012 concerning the juvenile justice system, has it achieved the goal of restorative justice and how is diversion with a restorative justice approach reviewed into Islamic law. This research method is normative, type of literature research and the research approach is a conceptual approach, normative juridical approach, theory of restorative justice and Islamic law. The results of this study are the concept of diversion in the juvenile justice system which is contained in Law Number 11 of 2012 concerning the juvenile justice system has manifested restorative justice, diversion must be carried out not only for solving problems but for diversion. Also restore the condition of what has happened by involving all parties, both perpetrators, victims, families/guardians, society, social institutions others. Meanwhile, in Islamic law, restorative justice is also applied in Islamic law in the form of children's rights which very important because that in terms of handling children who are dealing with the law in Islamic law, legal justice and social justice and moral justice have been obtained.

Esensi Delik Obstruction of Justice Dalam Konstruksi Hukum Pidana

Obstruction of justice is a criminal offense formulated in the Criminal Code to protect the judicial process so that it runs fairly and prevents manipulation. However, law enforcement against obstruction of justice in Indonesia is considered to be still weak due to several obstacles such as unclear article formulations, weak cooperation between related institutions, minimal internal supervision and lack of public understanding. Therefore, various comprehensive improvement efforts are needed both in terms of regulations, coordination between institutions, internal supervision, and public education so that enforcement of obstruction of justice laws can run effectively and optimally in Indonesia.

Analysis of The Role Based on The Customary Criminal Justice System of Dayak Bangkalaan in The National Criminal Justice System


 
 
 This research is motivated by indigenous peoples' belief in customary rules which encourages studies on their legitimacy in the Indonesian legal system. The author collected study samples from the Bangkalan Dayak tribe in South Kalimantan Province as an example of an Indonesian customary village. This study focuses on two formulations of problems, namely the role of the customary criminal justice system in the national criminal justice system and the impact of Dayak Bangkalan customary criminal justice law enforcement when related to the national criminal justice system. This research is a sociological legal research, the legal data collection technique is carried out through literature review, including primary legal data, secondary legal data, and tertiary legal data related to this research. The result of the study is that the state recognizes the existence of customary law communities in accordance with Article 18B of the 1945 Constitution of the Republic of Indonesia. Even though there is no legal framework that can regulate this at the national level, the mandate of regional legislative policy still recognizes the existence of customary courts. This is evidenced by the existence of regional regulations that recognize and protect indigenous peoples. In addition, the results of the study conveyed that the legal implications arising from customary court decisions turned out to be able to be used as legal data in national criminal courts.
 
 

D.H. Lawrence’s <i>Lady Chatterley’s Lover</i> and the legal overreach in its ban: A study of the implications for law and literature

On the one hand, the Age of Enlightenment in Europe triggered off scientific discoveries and technological innovations. Science and Technology became yardsticks for progress in the world. This led to industrialization and the subsequent commodification and annihilation of emotion, spiritual and even sexual life of humankind; on the other hand, in the far East, Iran for example, there is radicalization of religious life and preference of religious life over emotional and sensual life. In Europe, the intellectual life became privileged over the emotional and intuitive life, human relations degenerated so much so that even families grew apart from themselves. Writers as D.H. Lawrence felt the need to draw our attention to the havoc being wreaked on human relations; while Rushdie felt outraged by deification of a man he considered sexually perverse. D.H. Lawrence achieves his aim through the text, Lady Chatterley’s Lover, which was adjudged by the law as pornographic and was, therefore, banned; while Salman Rushdie also achieves his through his The Satanic Verses, which was rather adjudged blasphemous and was also banned with Fatwa placed on the head of the writer. The objective of this paper was to examine aspects of the narrative as lawyers or judges would examine cases to see how Lady Chatterley’s Lover yielded to obscenity to warrant it being banned as well as to understand why the prosecutors failed and why the work was later unbanned. It examined also The Satanic Verses to also see how it yielded to blasphemy and to understand why it was not banned in Western Countries. It is hoped that this study would help in further understanding the relationship between Law and literature. The methodology deployed was textual data analysis; and it was concluded that the determining of justice in law involves interpretation just as interpretation is needed in the pursuit of meaning in the text; and that legal briefs as well as judgments are in themselves narratives just as literature is. Finally is it was concluded that law will eternally be deconstructive in the pursuit truth or fact just as literature the pursuit of meaning in literature will depend on the eternal deconstructive process.

Justice Dilemmas in Law: on the Sense of Analysing Biblical Texts in Modern Jurisprudence

This article deals with research problems related to justice and law. This is a perennial topic that has been widely discussed in literature but is somewhat forgotten today. Justice in law has been put aside along with values that are self-evident as a kind of dogma, which is utterly wrong. When we ask what such justice in law means, however, and what it affects, we do not get simple and satisfactory answers. Therefore I try to prove that a broad, multi-faceted approach can prove valuable. To this end, in my view, it is reasonable and valuable to use all available research and sources. Some biblical texts, such as the parable of the owner of a vineyard, which I have chosen for analysis, may prove particularly interesting. The parable reveals a great many interesting issues. They are still relevant today and deal with the problems faced by modern legal systems. I believe the texts can be beneficial for the development of jurisprudence. They also enable the integration of the science of state and law, either internally (e.g., with legal dogmatics, which permits the creation of just law) or externally (with sciences other than law). The claim here is that biblical texts, despite the fact that they do not belong directly with legal science, have qualities that enable their use in modern jurisprudence. The researched excerpt and the only biblical text discussed here will be that of Apostle Matthew.

Issues of the Administrative Law System

The author examines administrative law and reveals the system surrounding it, the analysis of which allows us to see its features and the scale of the relations regulated by it. The article focuses on elements of the administrative law system such as management law, police law, and administrative justice law. These legal institutions, on the one hand, have their own subject of regulation, which is characterized by public legal content; on the other hand, they complement each other, forming such a phenomenon as modern "administrative law." The author notes that the analysis of the correct definition of administrative law will increase the effectiveness of its study. The main conclusion of this article is that the concept of management dominates in the educational literature on administrative law regarding the subject of this industry. Within the system of administrative law, the norms of management law and police law are harmoniously combined; this is seen in the example of the implementation of administrative and police coercion administrative and police supervision. The police component within administrative law is sometimes called negative law. Still, one should not radically look at the phenomenon of police law, that is, identify it with the police state. Police law may well be an effective attribute of a democratic, legal, and social state. This position is proved by the experience of state-building in a number of countries. Thus, administrative law is designed to improve the efficiency of the state in a variety of aspects to create adequate forms and methods of administrative and police work, both in ordinary and in crisis situations.

Problems of Inclusive Legal Services for Persons with Disabilities

This research aims to describe the condition of vulnerable groups of persons with disabilities who are in conflict with the law in obtaining the right of access to justice in law as an effort to fulfill equal rights to the law without discrimination. This research can contribute to stakeholders in order to formulate policies and legal service programs that are equitable for persons with disabilities who are in conflict with the law in order to increase access to justice for vulnerable groups of persons with disabilities. This research is a normative and sociological empirical legal research. This research examines primary, secondary, and tertiary legal materials. Processing of legal materials using legislation, concepts, philosophy, and comparative legal approaches. The results of the study found that the implementation of the fulfillment of the right of access to legal services for persons with disabilities has not been fully optimal, especially the right of access to legal assistance specifically for the deaf and speech impaired with several indicators, namely legal services have not been evenly accessible, assistance and interpreters are not yet available according to the needs of persons with disabilities.

Нравственно-юридические правила Устава третейского суда Г.Р. Державина: источники и комментарий

The primary thesis of the project for an arbitration court of conscience of the first Russian Minister of Justice G.R. Derzhavin was reconciliation (amicable agreement) based on moral norms and customary law (Derzhavin referred to this as the “amicable resolution of disputes”) within the existing judicial system and under the executive power in the provinces and the Senate. The goal is to make civic virtues and morality a state policy for justice, as directed by Catherine II, as the universal law of justice.

Relevansi Prinsip-prinsip Hukum Ekonomi Syariah dalam Membangun Keadilan Sosial melalui Distribusi Ekonomi yang Adil

This study aims to investigate the relevance of the principles of Islamic economic law in shaping social justice through equitable economic distribution. In the midst of global economic change, reducing economic inequality and social injustice is very important. Islamic economic law, as a framework rooted in Islamic values, offers a unique view of economic distribution that focuses on the principle of justice. By conducting an in-depth literature review and analysis, this study explores the concept of Islamic economic law, the principles contained in it, and its relevance to the goal of achieving social justice. We identify the important role of zakat, infaq, and waqf in creating equitable distribution and fueling inclusive economic growth. The results of this study show that the principles of Islamic economic law have great potential to influence economic and social policies in Islamic societies, ultimately encouraging the creation of a more just and inclusive economic environment. However, we also identified some obstacles to the implementation of these principles. This research makes an important contribution to our understanding of how the principles of Islamic economic law can be applied in the current context to promote social justice as well as more equitable economic distribution. The policy recommendations that emerge from the results of this study can guide decision-makers in their efforts to achieve social justice in Islamic societies.

Assessing the Implication of Plea Bargain under ACJA, 2015 in Nigeria’s Anti-corruption Crusade: Lessons from Kenya

The fight against corruption under the Nigerian Criminal Justice System has gradually witnessed the use of plea bargain in the prosecution of corruption cases; drawing criticism and approval from stakeholders. Plea Bargain is an agreement between the prosecutor and defendant whereby the defendant concedes to plead guilty to a particular charge in exchange for some concession from the prosecutor. This paper assesses the implication of plea bargain under the Administration of Criminal Justice Act, 2015 in the fight against corruption in Nigeria; drawing lessons from Kenya. The paper is doctrinal, using primary and secondary sources of law such as case law, books, articles in journals, and internet materials. It examines plea bargain and innovations under Administration of Criminal Justice Act, 2015 as well as complementary analysis of plea bargain under Administration of Criminal Justice Law (ACJL) of states and Kenya’s application of plea bargain in its anti-corruption fight. The paper finds that judicial decisions considered both in Nigeria and Kenya reveals that plea bargaining is a useful tool in fighting corruption. One of the key recommendations of this paper is having a Plea Bargain Guideline and Rule pursuant to ACJA 2015 as obtainable in Kenya. This will act as a guide for prosecutors, accused persons and other stakeholders in negotiating a plea bargain agreement.

Evolution Of Juvenile Justice Laws In India: Protecting Minor’s Rights And The Challenge Of Criminal Responsibility.

Evolution Of Juvenile Justice Laws In India: Protecting Minor’s Rights And The Challenge Of Criminal Responsibility.

Whose International Law Is It Anyway? The Battle over the Gatekeepers of Voluntarism

Whose International Law Is It Anyway? The Battle over the Gatekeepers of Voluntarism Authors Shelly Aviv Yeini, University of Haifa Abstract International law has been ruled by the theory of voluntarism for the course of the last two centuries. It is currently being challenged by competing theories, which do not see states’ consent as the main justification for international law. The theories of naturalism, international constitutionalism, and communitarianism all consider justification for international law to lie elsewhere than the realm of consent. While each theory provides a different framework for explaining the validity of international law, they all seek to justify their dissent from consent. Naturalism, international constitutionalism, and communitarianism view states as participators in the making of international law alongside international institutions, nongovernmental organizations, international tribunals, and legal academia. Such entities harness the competing theories to dilute and nullify the traditional voluntarist doctrines of international law. This article aims to portray such phenomena and show how the theoretical supremacy debate is reflected in the contestation between states and non-governmental entities over the validity of the gatekeeper doctrines—the specially-affected states doctrine, the persistent objector doctrine, and the monetary gold principle. Diluting or reconstructing the gatekeeper doctrines may alter the way in which rules of international law are made, developed, and apply. This article argues that while the contestation may aid in the legal development of international law as parties take time to articulate and refine their legal positions regarding the gatekeeper doctrines, it has also created radicalization of positions and uncertainty regarding the gatekeeper doctrines’ content and applicability.

Sowing Seeds of Change: Intergenerational Justice in Corporate Law and Governance

Sowing Seeds of Change: Intergenerational Justice in Corporate Law and Governance

Greening the Ghetto Revisited: Three Decades of Environmental Justice Law 

Greening the Ghetto Revisited: Three Decades of Environmental Justice Law 

Hope for Climate Justice in Labour Law in Quebec

Hope for Climate Justice in Labour Law in Quebec

Pemikiran Ekonomi Abu Ubaid

To date, there has been relatively little discussion or representation of Islamic economic theory in national economies. Early in Islamic history, a Muslim scholar named Abu 'Ubaid wrote extensively about economics and history. Abu Ubaid highlighted the philosophical underpinnings of later economic theories and ideas. Abu Ubaid concentrated on the idea of economic justice in law. The role of money as a store of value, medium of exchange, and exchange rate standard are all undoubtedly practiced in Islamic economics. Of course, some application of this way of thinking can be used as a basis for assessment and guidance in improving an economic system that is fair and beneficial to society. In certain respects, Indonesia's economic policy as a sovereign nation is in harmony with Abu Ubaid's economic theories and concepts. However, regarding suitability, the question is whether the current standing of the nation has fulfilled its purpose or is still in progress.