Principles Of Justice Research Articles

The The Principles and Implemetation of Case Settlement Through Aceh Customary Courts Process

Aceh customary courts have principles for resolving cases in reducing customary civil and criminal cases that occur in society, especially disputes that are not included in the formal justice system. This research aims to examine the principles underlying the resolution of cases through customary courts in Aceh, as well as how these principles are applied in the practice of resolving customary cases. By using a normative legal method, the resolution of customary cases in Aceh has its own principles that reflect the characteristics of customary law lives in Acehnese community (ureung Aceh). The principles of resolving cases through Aceh customary justice are principle of peace, justice, musyawarah and mufakat (mediation and negotiation), sincerity and willingness, fast, easy and cheap, openness, kinship, equality before the law, and guidance. The application of the principles of case resolution in the Acehnese customary justice process is a necessity. Acehnese community want cases to be resolved peacefully because this method has been a tradition passed down from generation to generation. The term for peaceful resolution of cases called suloh. Customary law does not distinguish between acts that are violations of civil law and violations of criminal law so that civil cases and criminal cases are decided simultaneously in a trial that is not separate. The use of the principle of musyawarah and mufakat in the implementation of customary justice has a very important role and determine whether or not the trial can be held.

Principles of regulation of business activities in modern conditions

The article examines and analyzes the basic principles of regulation of business activities. The characteristics of such principles as the principle of social justice, the principle of state control (supervision) and municipal control, the principle of stimulating conscientious compliance with mandatory requirements, the principle of mutual assistance and protection of interests, the principles of tax regulation of business activities are given. Attention is drawn to the need to transform the approach to maintaining fairness and balance of these principles.

Implementation of Islamic Inheritance Law: Study of History, Law and Its Principles

The imposition of late payment penalties in Islamic pawnshops at the initial stage of the contract has sparked debate. This study examines the implications of such penalties on the principles of justice, customers, funders, and Islamic financial institutions. Literature study and fatwa review are the basis of the discussion. The results show that fines that are not agreed upon at the beginning of the contract have the potential to cause legal and sharia uncertainty, and open up opportunities for abuse of authority. The negative impact is a decrease in customer trust and tarnishing the reputation of Islamic financial institutions. The proposed solutions are the inclusion of a clear amount of fines in the contract, the involvement of the Sharia Supervisory Board, customer education, and the establishment of industry standards. The application of fair fines can be in the form of tiered fines, adjusted to the customer's ability, and accompanied by alternative fine options. Transparency and accountability of Islamic financial institutions are key to the sustainability of a fair and sharia-compliant Islamic pawnshop system.

Personal responsibility for health in Bulgarian public health law and social legislation

BackgroundIn the last decades all health systems have experienced a lack of resources. Against this background, the idea of ​​applying personal responsibility of the patient as a criterion for allocation of resources (PRCAR) is gaining increasing attention. Bulgarian healthcare reform has been marked by the implementation of many new strategies, that grounded our scientific interest towards investigating PRCAR in Bulgarian public health law and social legislation.MethodsThrough a search of national legal databases 7 documents were selected and subjected to content analysis.ResultsProspective responsibility was found in two and retrospective responsibility - in three documents, two of which imposed explicit penalties on the patient. Two documents did not distinguish between the types of patient responsibility. PRCAR was found to be controversial through the prism of the social justice principle. The discussion was conducted through the perspectives of evidence translation of research to law, particularities of social cohesion in Bulgaria, and the interpretation of principles of public health ethics.ConclusionAlthough PRCAR was traceable in Bulgarian legislation, no supporting arguments for its introduction were deduced. The applicability of PRCAR should be further studied and wider public debate should be initiated.

Complex Decision-Making in Paediatric Intensive Care: A Discussion Paper and Suggested Model.

Paediatric Intensive Care Units (PICU) are complex interdisciplinary environments where challenging, high stakes decisions arefrequently encountered. We assert that appropriate decisions are more likely to be made if the decision-making process is comprehensive, reasoned, and grounded in thoughtful deliberation. Strategies to overcome barriers to high quality decision-making including, cognitive and implicit bias, group think, inadequate information gathering, and poor quality deliberation should be incorporated. Several general frameworks for decision-making exist, but specific guidance is scarce. In this paper, we provide specific guidance on collaborative complex decision-making for PICUs. The proposed approach is on principles of procedural justice and pragmatic hermeneutics. The process encompasses set-up/planning, information gathering, question formulation, analysis (perspectives, values, and principles), action plan development, decision documentation, and a review and appeal mechanism.The process can be adapted to suit other clinical contexts. Research evaluating the process, exploring how best to develop education for clinicians, and how to build a culture that values high quality deliberation, is worthwhile.

Resolution of Election Disputes for DPD Members Through Administrative Court Decisions Based on Law No. 7 of 2017 on General Elections (A Case Study of the DPD in West Sumatera Province)

This research aims to analyze the Jakarta Administrative Court Decision No. 600/G/SPPU/2023/PTUN.JKT related to the election dispute of DPD (Regional Representative Council) members in 2023, from the perspective of Law No. 7 of 2017 on General Elections and fiqh siyasah (Islamic political jurisprudence). The focus of the dispute is the alleged violations by the General Election Commission (KPU) in the process of establishing the permanent voter list and determining the election results. This study employs a normative approach with a case study to address how election disputes for DPD members are resolved through Administrative Court decisions. The analysis reveals that the Jakarta Administrative Court Decision has integrated principles of justice and transparency as outlined in fiqh siyasah, and complies with the legal provisions of Law No. 7 of 2017. However, the study also highlights some challenges in enforcing accountability and transparency by the election organizers. This decision has strategic implications for governance and strengthening democracy in Indonesia, particularly within the context of Islamic constitutional law.

Analysis of the Decision of the Industrial Relations Court in the Dispute for Termination of Employment (Case Study No. 060 / Pdt.Sus-Phi/2023/Pn Mdn Juncto Verdict Number :1174k / Pdt.Sus-Phi/2023 )

This study is motivated by the frequent cases of agreement disputes between companies and workers, especially in the case of termination of employment relationships for both permanent and contractual workers or commonly known as a specific time work agreement, which often ends up at the green table due to differences in understanding between employers and workers as well as differences in understanding of applicable laws and regulations.In addition, there are times when it is also caused by the inability of one party to fulfill its obligations which may be caused by conditions in which the company experiences losses or due to bankruptcy conditions. This paper aims to analyze the legal process that occurs in the case of termination of employment lawsuit ranging from the mediation level , the Medan state court to the Supreme Court of the Republic of Indonesia and find out the basic consideration of judges used in making decisions in accordance with the principle of justice in the case of Decision No. 060 / Pdt.Sus-PHI/2023/PN MDN juncto decision No. 1174K / Pdt.Sus-PHI/2023. This research is Notmatif legal research with normative juridical approach . The data source of this study comes from secondary data.Data collection tool is done with the study of literature (library research). Based on the results of the research conducted , we conclude that the process of termination of employment with bankruptcy conditions, the employer must pay a certain amount of money in accordance with PP 35 2021 Article 40 paragraph 2 , Paragraph 3 , and Article 43 paragraph 1.Analysis of judges ' consideration at the Cassation level according to the principle of justice in the case of Decision No. 060 / Pdt.Sus-PHI/2023/PN MDN juncto decision No. 1174K / Pdt.Sus-PHI/2023 is acceptable.

THE RIGHT TO TRIAL WITHIN A REASONABLE TIME AND THE CHALLENGES OF RESPECTING IT IN THE CRIMINAL PROCEDURE

The concept of "fair judgment and in a reasonable time" is integral to the administration of justice and the protection of human rights. This abstract explores the dual principles of fairness and timeliness within judicial processes, emphasizing their importance in ensuring that legal outcomes are just, equitable, and efficient. Fair judgment necessitates impartiality, transparency, and adherence to the rule of law, ensuring that all parties receive an unbiased and equitable hearing. Mean while, delivering judgments in a reasonable time is crucial to prevent undue delays that can exacerbate stress, financial burden, and uncertainty for the involved parties. The balance between thoroughness and efficiency is examined, highlighting the challenges faced by judicial systems globally, including caseload pressures and resource constraints. Additionally, the impact of delayed justice on public trust in legal institutions is discussed of Republic of North Macedonia. This analysis underscores the need for systemic reforms, such as procedural streamlining and technological innovations, to enhance the capacity of courts to deliver fair and timely judgments, thereby upholding the principles of justice and maintaining societal trust in the legal system of Republic of North Macedonia.

Personal Viewpoint: Navigating Challenges in Recipient Selection for End-Chain Kidneys

As a result of the increasing number of transplants being facilitated by kidney paired donation, and newer initiatives such as voucher donation, end-chain kidneys now constitute a considerable proportion of kidney paired donation transplants in the United States. Data on end-chain kidneys are limited. They may be lower in quality compared to non-end chain living donor kidneys. However, they can provide unique opportunities for recipient candidates without living donors. There are no data or algorithms available to guide recipient selection for end-chain kidneys accepted by a transplant center. Considering the ethical principles of utility, justice, and respect for persons that underlie organ allocation, we discuss three potential approaches for recipient selection: 1) adherence to the Kidney Allocation System, 2) utility maximization and 3) priority to high-risk candidates, along with examples from our own center’s experience. Similar considerations are also relevant to selection of recipients for non-directed donor organs, and to out-of-sequence allocation for deceased organ donors. Since end-chain kidneys represent an increasingproportion of kidney paired donation-facilitated living kidney donor transplantation in the United States, and will likely get more medically and surgically complex over time, ongoing research on their utilization and outcomes is needed.

Безусловный базовый ДОХОД VS социальная справедливость: возможно ли единство?

Every year, the issue of implementing the principles of social justice becomes more and more relevant. In this regard, the concept of unconditional basic income is beginning to gain popularity in many countries, designed to solve many problems of a socio-economic nature. The purpose of the work is to identify the effectiveness of the introduction of an unconditional basic income in order to ensure the implementation of the principles of social justice. The main methods used in the study include analysis and evaluation of analytical and statistical materials, their comparison, a dialectical approach to analyzing the information base of the study, as well as scenario analysis. As a result of the work done by the authors, it was revealed that the existing projects for the introduction of universal transfers cannot be fully called equivalent analogues of a full-fledged program for the provision of unconditional basic income. As a result, at the moment it is not possible to draw specific conclusions about the consequences of implementing such a policy of «equality of results». Nevertheless, based on the analysis of such experiments, key factors influencing the real consequences of the introduction of universal transfers have been identified. These include the amount of unconditional payments, as well as the salary level formed in the context of the implementation of the concept under study. Therefore, further identification of the consequences of providing universal payments in the process of modeling possible scenarios for the introduction of unconditional basic income was based on these factors. Based on the analysis, it was concluded that the introduction of an unconditional basic income can lead to many negative consequences. In this regard, the authors propose to pay attention to the possibility of implementing the principle of «equality of opportunities» for the entire population. The results of this study can be used in the future in order to find new ways to improve the socio-economic policy of the country to improve the well-being of its population.

Legal Hermeneutics: A Standard and Parameters of Interpretation of the New Criminal Code

The purpose of this study is to investigate how standards and parameter for interpreting the Kitab Undang-Undang Hukum Pidana (KUHP) were developed. Public believes that the KUHP contains a number of contentious sections. This study is a type of qualitative research through library data. It is called library research because data regarding legal interpretation and the formation of standards and parameters are obtained from library materials. The text analysis method with a multidisciplinary, interdisciplinary, and transdisciplinary approach to science will be employed as the data analysis technique. In this study, authoritative and original data serve as the primary source, while supporting data from multiple sources serves as the secondary source. scholarly writings, news articles or official reports, commentary on the recently. This research finds that hermeneutics as legal interpretation serves as a bridge between law and moral ethics. There are 6 standards and parameters in the process of legal interpretation, namely text and legal context analysis, contextual interpretation, methodological interpretation, dialogue between the text and the interpreter, principles of justice and humanity, evaluation, and validity testing. Finally, the results of applying those standards and parameters in examining Pasal 2 ayat (2) KUHP regarding common law emphasize the importance of balancing respect for local wisdom and alignment with national legal principles.

Gender equality in the Qur’an: An Analysis of surah an-Nisa’ verses 1 and 34 in the exegesis of al-Tabari and al-Rāzī

Surah An-Nisa' verses 1 and 34 have been central to discussions on gender. According to the interpretations of Imam al-Ṭabarī and Imam al-Rāzī, these verses place women in a subordinate role, both in domestic and non-domestic spheres. This interpretation is considered biased, not reflecting the true essence of the Qur'an. Therefore, further research is necessary to uncover the Qur'an’s intended view on gender in these verses. The study uses a descriptive-analytical method with a qualitative approach, gathering data from books, theses, and articles. The findings reveal that al-Ṭabarī and al-Rāzī's interpretations reinforce male superiority in patriarchal tradition, stating that Eve was created from Adam's rib and that the husband is the absolute leader of the wife. However, contemporary scholars argue that interpreting "nafs" as referring to the unity of humanity without any connotation of gender superiority, emphasizing equality in Islam. The Qur'an advocates for justice in gender issues, making traditional interpretations obsolete in today's context. Regarding Surah An-Nisa' verse 34, al-Ṭabarī and al-Rāzī interpreted men as the rightful leaders over their wives due to the advantages given by Allah, with financial responsibility as the foundation of their authority. However, modern-contemporary tafsir scholars reject this view, interpreting qiwāmah as shared responsibility regardless of gender, emphasizing partnership in the household and gender equality in Islam. This reflects efforts to understand Qur'anic verses contextually and inclusively, supporting the principles of equality and justice.

Kepastian Hukum Transaksi Dengan Menggunakan Mata Uang Dinar Dan Dirham Dalam Pendekatan Hukum Pidana Di Indonesia

Legal certainty related to transactions using Dinar and Dirham currencies in the criminal law approach in Indonesia. Based on Law No. 7 of 2011 on currency, Rupiah is the only legal tender in Indonesia. The use of currencies other than Rupiah, including dinars and dirhams, is not legally recognized and has the potential to violate criminal provisions, such as those related to fraud or forgery. However, this phenomenon also involves social and cultural dimensions, especially in communities based on sharia economics, where dinars and dirhams are considered as means of transaction that are more in line with Islamic principles of justice and ethics. Overly repressive law enforcement can generate resistance in society, so more inclusive legal reforms and adjustments are needed. By promoting dialogue and collaboration between policy makers, business actors, and the community, it is expected to create a legal system that is fair and responsive to social needs and is able to maintain legal stability in Indonesia . From the research results, the transfer of receivables by Cessie by the creditor in the event that the debtor fails to pay the third party mortgage guarantee does not comply with the applicable provisions as regulated in Article 613 of the Civil Code and Law of the Republic of Indonesia Number 4 of 1996 concerning Mortgage Rights. Form legal protection for third parties by filing a lawsuit before or during the execution process. The government, stakeholders and related parties are expected to make changes to Law of the Republic of Indonesia Number 4 of 1996 concerning Mortgage Rights over Land and Objects related to Land, by accommodating third party protection which is explicitly regulated in guaranteeing rights to land, these regulations do not clearly regulate the rights and obligations of third parties so they cannot provide legal protection for collateral owners. The results of this study that legal certainty related to transactions using dinars and dirhams, as done by Zaim Saidi, in the approach of Indonesian criminal law is a violation of Article 9 of Law No. 1 of 1946 on Criminal Law regulations in conjunction with Law No. 7 of 2011 on currency. Enforcement of these transactions can be carried out through the application of criminal sanctions, since the use of currencies other than Rupiah for payment purposes is not justified by law. In addition, the low legal awareness of the public in using the Rupiah as a legal tender also became an important factor in this case.

The Role of Religion in Policies of Legal Village-Owned Enterprises to Improve the Economic Rights of Village Communities

In the context of village development in Indonesia, BUM Desa is an important instrument for enhancing the economic welfare of village communities. However, many villages have not fully utilized the potential of BUM Desa due to the lack of integration between religious values and economic policies. Therefore, this study seeks to explore how the application of religious principles can influence BUM Desa policies and contribute to improving the economic rights of village communities. Data collection techniques included in-depth interviews with BUM Desa administrators, village officials, and local religious figures in several villages that have implemented religious-based policies in BUM Desa management and participatory observation, while data analysis was carried out through content analysis and thematic analysis methods to identify key themes in the data. The importance of understanding the relationship between religion and economic policies at the village level, especially in the context of BUM Desa, which have the potential to be the driving force of the local economy. This study involve how religious principles can be integrated into the legal framework for managing BUM Desa to ensure that the economic rights of village communities are fulfilled fairly and sustainably. This study shows that the integration of religious values into BUM Desa policies has significant potential to improve the economic rights of village communities. By prioritizing the principles of justice, shared welfare, and social responsibility rooted in religious teachings, BUM Desa can be more effective in achieving its economic and social goals. This study provides important insights for village policymakers in formulating inclusive and sustainable strategies to advance the village economy.

Considering personal needs in misdeeds: The role of compassion in shaping observer reactions to leader leniency.

Although punishment deters misconduct, protects employees from harm, and maintains cooperation in organizations, not all leaders punish-some are lenient. Employees keenly watch leaders' responses to misconduct. Leniency is often judged as unfair because it violates moral principles of justice, motivating observers to withhold support to leaders. Our research shifts the conversation to explain how moral consideration of offenders factors into the sensemaking of leaders' leniency that influences observer reactions. Perceptions of offender personal need (distress from the offender's personal life that is outside their control) raise observers' humanitarianism, which is reflected in compassion. Compassion elicited from offender personal need motivates observers to reduce the distress from the situation, lessening the unfairness of the leniency and punitive reactions to the leader. Three experiments demonstrated that leniency elicited unfairness that reduced support to leaders; observers' perceptions of offender personal need moderated the effects of leniency, reducing its unfairness and punitive reactions to leaders. In Studies 2 and 3, we found that compassion mediated the moderating effects of offender personal need. Only distress from personal need that is inflicted onto offenders (i.e., other-inflicted personal need), compared to distress from work performance need (Study 2) and self-inflicted personal need (Study 3), elicited compassion that lessened the unfairness of leniency. Study 3 also showed that self-inflicted personal need elicited contempt for the offender, which mediated the moderating effect of self-inflicted personal need, bolstering the unfairness of leniency and lessening support to lenient leaders. Implications to theory and practice are presented. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

FEATURES OF CRIMINAL RESPONSIBILITY FOR MILITARY CRIMINAL OFFENSES COMMITTED DURING THE PERIOD OF MARTIAL STATE

Based on the analysis of the current legislation and scientific literature, the peculiarities of criminal responsibility for military criminal offenses committed during the period of martial law were investigated, which made it possible to formulate proposals for changes to the current legislation. It was determined that the lack of a systematic approach to the issue of using such a qualifying feature as the commission of an act under martial law led to a violation of the principle of justice, an imbalance in the system of measures of criminal law influence on the commission of criminal offenses. In view of this, a number of articles of Chapter XIX of the Special Part of the Criminal Code of Ukraine need to be supplemented with the specified qualifying feature. We are talking about articles 406, 412, 414-417, 422 of the Criminal Code of Ukraine. It has been established that the sanction of Part 2 of Article 433 of the Criminal Code of Ukraine does not comply with the rules of construction of sanctions of special criminal law norms and requires an increase in the amount of punishment in order to harmonize with the sanction of Part 4 of Article 187 of the Criminal Code of Ukraine, which provides for responsibility for a uniform criminal offense. It is proved that Article 435-1 of the Criminal Code of Ukraine should be placed in Chapter XV of the Special Part of the Criminal Code of Ukraine, and its content has been significantly changed taking into account the comments expressed in this work and by other authors. It is substantiated that part 4 of Article 401 of the Criminal Code of Ukraine should be supplemented with a provision on the possibility of exemption from criminal liability for the commission of a military criminal offense by a special purpose police officer of the National Police of Ukraine with the application of measures provided for in the Disciplinary Statute of the National Police of Ukraine.

Dispute Resolution Efforts for Sharia Banking Profit-Sharing Agreements

Islamic banking relies on profit-sharing agreements as one of its fundamental financial instruments, adhering to the principles of justice and partnership in sharia law. However, disputes often arise between banks and customers regarding the distribution of profits and losses. This study examines the dispute resolution mechanisms for profit-sharing agreements within Islamic banking, focusing on litigation in religious courts and non-litigation processes such as mediation and arbitration. This research aims to evaluate the effectiveness and compliance of these mechanisms with Sharia principles while also proposing improvements to regulatory frameworks. A mixed-method approach was employed, combining normative juridical analysis and empirical research. The normative juridical method was used to review existing laws and regulations related to Islamic banking and dispute resolution. At the same time, the empirical data was gathered through interviews with key stakeholders such as banking practitioners, customers, and mediators involved in dispute resolution. The results indicate that non-litigation mechanisms, particularly mediation, are more efficient and cost-effective than litigation. However, there remains a need for greater public understanding and stronger institutional support to ensure the fairness and transparency of these processes. This research recommends enhancing dispute resolution systems in Islamic banking, aligning them more closely with legal and sharia standards.

Reproductive Justice: A Framework for Improving Maternal Mental Health

The United States has the highest rate of maternal deaths compared to any high-income country, with the highest rate for Black women. Mental health conditions such as Perinatal Mood and Anxiety Disorders (PMAD) are the most common complication during the perinatal period and the leading cause of pregnancy-related death in the U.S. Nurses following a Reproductive Justice framework can improve perinatal mental health outcomes. The purpose of this article is to review the current maternal mental health crisis through the lens of the Reproductive Justice movement. By utilizing the three Reproductive Justice principles as a framework, this article will identify action steps that nurses can take today to help create a culture of health for mothers and babies.

Обзор научно-педагогической деятельности и вклада отечественного ученого М. Н. Гернета в развитие уголовно-правовой и криминологической науки

Introduction. This scientific study provides a brief overview of the creative path of the great Russian and Soviet scientist, Professor of Lomonosov Moscow State University – Mikhail Nikolaevich Gernet. Based on the analysis of scientific works written during the Soviet period of M. N. Gernet’s life and activity, the author outlined his personal point of view on his role in the evolving of a number of legal branches, as well as in the development of Russian legal science. This research will enable young Russian scholars and practitioners, as well as specialists interested in studying the origins of Russian law, to gain better and more thorough understanding of the content of legal phenomena, events, as well as legislative processes unfolding at the present time. Methods. The methodological basis of this study was formed by private-scientific methods, primarily content analysis of documents and legal methods, as well as general scientific methods, including historical, system analysis, generalisation, modelling and others. Results. In the course of this research project, it was possible to convincingly prove that that M. N. Gernet made a significant contribution to the development of criminology within legal science. His profound, fundamental, and advanced scientific research, both theoretical and practical, not only advanced the field for his time but also had a lasting impact on the field. Today, criminology is a sub-branch of criminal law, and its influence on Russian criminal legal theory is substantial. In addition, the author concludes that in the scientific works written by M. N. Gernet, most of the author’s points of view are based solely on humanistic approaches. Even when considering issues related to criminal punishment, the author endeavoured to expand the use of the parole system. Most of Professor M. N. Gernet’s scientific ideas are imbued with the principles of justice. Throughout his life, he sought to bridge the gap between theoretical scientific concepts and practical applications.

Вина юридического лица в административном праве: постановка проблемы

Introduction. The author considers the main contradictions of legal regulation of the institute of guilt of a legal entity in administrative law. The relevance of the problem is due to the lack of legislative certainty in the construction of the guilt of a legal entity, which leads to ambiguous law enforcement practice, violation of the principles of justice and presumption of innocence in bringing the specified subject to administrative responsibility. The purpose of the article is to analyse the ‘models’ of guilt of a legal entity in administrative, tax, civil legislation, as well as to identify the problem of harmonisation of current legislation, law enforcement practice, including in order to change the vector of fiscal orientation of state policy when bringing to administrative responsibility of a legal entity. Methods. General scientific (analysis, synthesis, systematisation) and private-scientific (formal-legal, comparative-legal) methods of scientific cognition allowed to rethink theoretical, practical aspects and approaches to the definition of guilt of a legal entity in administrative law. Results. The main problems of legal regulation of the institute of guilt in administrative law are formulated in this research. It seems that in order to bring law enforcement practice in line with the fundamental principles of administrative responsibility – legality, fairness, presumption of innocence – the guilt of a legal entity, as a legal category needs to be harmonised. The legislative construction of the model of guilt of a legal entity should ensure that the balance of private and public interests of the state is observed for the purpose of economic and political stability.