Vigilante Action Research Articles

ANALYSIS OF THE PHENOMENA OF THE MASS JUDGMENT FROM A LEGAL SOCIOLOGICAL POINT OF VIEW

The act of taking the law into your own hands (eigenrichting) is a disgraceful act and also violates the laws in force in Indonesia. Vigilante is referred to from the Dutch language, namely "Eigenrechting" which means how to take the law by yourself, take rights without regard to the law, without being known by the government and without using the tools of government power. Facts on the ground show that there are vigilante acts that almost always occur at the same time as a number of other individual rights are violated. For this reason, the state prohibits vigilante action because it is contrary to applicable law. Taking the law into your own hands is also an indicator indicating a low level of legal awareness in society. This paper aims to provide an overview of vigilantism (Eigenrechting) and to explain the phenomenon of mass judgment from the perspective of the sociology of law. This study applies normative legal research using approaches that include the Case Approach, Legislation Approach and Legal Concept Analysis Approach. Based on the analysis carried out, it can be seen that vigilante acts are triggered by emotional factors towards law enforcers and suspected criminals. On the other hand, perpetrators of taking the law into their own hands can be subject to criminal penalties in accordance with Article 351 of the Criminal Code and Article 261 of Law no. 1 of 2023. The act of taking the law into your own hands according to the national legal order violates the principle of the presumption of innocence so that a determination regarding whether an individual is guilty or not must go through a legal process first, this is because there is a chance that he is not guilty but becomes a victim of taking the law into his own hands.

TUNTUTAN HAK DALAM PENEGAKAN HAK LINGKUNGAN (ENVIRONMENTAL RIGHT)

Claiming rights is a way to obtain protection for the rights of a person or legal entity granted by the court to prevent vigilante action (eigenrichhting). In his life humans choose several rights to defend including: first civil and political rights, second economic and social rights and the third is the right of solidarity or brotherhood. One type of human rights that has not been elaborated on is the right to the environment. Environmental rights are one of the rights that we need to fight for, considering that the environment cannot fight for its own interests because it is inanimate (unable to speak) so that other parties are needed to fight for it. It is necessary to expand access to justice in enforcing environmental law considering that filing rights claims in civil procedural law in Indonesia only relies on the provisions of the Het Herzeine Indonesich Reglement (HIR). such as class action, legal standing and citizen lawsuit. This paper will discuss the different characteristics of each of these rights claims in terms of environmental law enforcement. A class action lawsuit is a mechanism for filing claims for rights filed by representatives of groups fighting for their interests and their groups. An NGO lawsuit or legal standing is a mechanism for filing a lawsuit by an NGO, the lawsuit is filed if it conflicts with the articles of association of the NGO. Citizen lawsuit is a lawsuit filed by one or more citizens on behalf of all citizens addressed to the State.

Anger and support for retribution in Mexico’s drug war

How does exposure to criminal violence shape attitudes towards justice and the rule of law? Citizens care about crime prevention and procedural legality, yet they also value punishing perpetrators for the harm they have done. We argue that anger induced by exposure to criminal violence increases the demand for retribution and harsh punishments, even at the expense of the rule of law. We test this theory using one observational and two experimental studies from an original survey of 1,200 individuals in Western Mexico, a region affected by organized criminal violence and vigilantism. First, we first show that exposure to violence is correlated with increased anger and support for punitive justice, including vigilante actions. Second, across our two experiments, we show that citizens are more supportive of harsh punishments and place less value on their legality in response to morally outrageous crimes. Third, we find that the innocence of the victim, rather than the severity of the crime, is what triggers outrage and punitiveness. This suggests that citizens may support extreme levels of violence as long as they perceive that its targets are criminals. Finally, we show that outrageous forms of violence against civilians can lead individuals to prioritize harsh punishment regardless of its legality. When criminal actors target perceived innocents with common crimes like extortion, there is greater support for harsh, vigilante action. These patterns provide a bottom-up explanation for harsh justice.

The Crime of Witchcraft and Vigilante Action (Eigenrichting)

The witchcraft incident in Bima Regency has threatened the safety and security of human life, witchcraft has triggered people to take vigilante actions (Eigenrichting) as a counter reaction by means of destruction, persecution and even murder. This study aims to determine public perceptions related to witchcraft, and also to find out why witchcraft always results in mass vigilante action (Eigenrichting) so that prevention and resolution efforts can be formulated. This study uses empirical or sociological research, data collection is carried out by direct and structured interviews and through literature study, while drawing conclusions using inductive methods. The results showed, first; In the period 2016-2021, there were 53 cases of alleged witchcraft practices in Bima Regency, damaging the social order and disrupting community stability. The community considers witchcraft as a dangerous or evil act, because the motive and purpose of using witchcraft is to torture, and/or kill human souls; Second; The behavior of witchcraft has led to vigilante actions (Eigenrichting) in some people, this is due to the existence of a legal vacuum that has not regulated the act of witchcraft and how to solve it legally. The act of vigilantism (Eigenrichting) appears as a form of reaction that arises from the community due to their rights and comfort being disturbed, which action is manifested in the form of violence as an act of revenge against the perpetrators of witchcraft. The juridical conclusion that the terminology of witchcraft and vigilante acts (Eigenrichting) have not been specifically regulated in the current laws and regulations as prohibited acts and are threatened with punishment. As a suggestion that the terminology and elements of the criminal act of witchcraft in the current Criminal Code Bill need to be expanded further, as well as the system of proving the crime of witchcraft in the Indonesian criminal procedure law needs to obtain further, more complete arrangements.

Social Sanction: Naked Parade and Vigilantism as Legal Violation Criminal Law Perspective and Human Rights

Naked parade and vigilantism are social sanctions or informal sanctions imposed by the community for acts deemed contrary to the local community's norms. These sanctions include vigilante action, which breaks the law. This paper aims to explain social sanctions (naked parade) from a legal perspective, particularly studied from human rights and criminal law. The study uses a normative approach so that the data sources include legal documents, references, and journals relevant to the problem being studied. The data analysis using consists of human rights principles and criminal law. The study results show that naked parade and vigilante as social sanction contradict human rights principles (liberty, non-discrimination, dignity, humanity, and equity). This act is also a criminal act, considering that the criminal law functions to protect the legal rights of individuals, the community, and the state. There is no explicit formulation of naked parade in the Penal Code (KUHP) or regulations outside the Penal Code. It is necessary to formulate it explicitly as an act that can be punished.

Impact and Law Enforcement of Vigilante in the Society

This study aims to determine: the meaning of vigilante action or eigenrechting, the impact that can be caused by vigilante action and, law enforcement against vigilante action in society. This research is included in the type of qualitative research which is a literature study (Library Research) which uses journals as reading references. The method used is descriptive analysis by providing clear, objective, systematic, analytical and critical descriptions and information regarding the impact and law enforcement of self-play in the community. The data used in this study is secondary data whose material is sourced from legal journals. The act of vigilantism is a translation of the word from the Dutch language, namely "Eigenrichting" which is defined as a way of taking vigilantes which is carried out by taking rights without heeding applicable laws, without the knowledge of the government and without the use of tools on the government's power. Violence often coexists with violations of the rights of others. Acts of vigilantism can have an impact on many parties such as victims of mis-targeting, perpetrators of crimes who are victims, the community, crime rates, even those who take part in taking vigilante action are also affected by their actions which can be punished according to their actions. what he has done. Punishments that can ensnare perpetrators of vigilante action have been regulated in the Criminal Code, namely Article 170 of the Criminal Code which regulates legal sanctions for perpetrators who commit acts of violence against people or goods in public, Article 351 of the Criminal Code regarding acts of persecution and Article 55 of the Criminal Code regarding participating in acts of violence. and in doing an action.

Analysis of the Constitution Court Verdict Number 46/PUU-XIV/2016 about Morality Criminal

Indonesian Family Loves Alliance sees that Penal Code in article 284, 285 and 295 related to adultery, rape and molestation (sacrilege or abuse) which is contrary to religious values and the morale of the Indonesian people deliver to sue the Constitutional Court through judicial review with results was rejected. Five judges with judicial restraint argue that the State must protect rights and freedoms, not vice versa, but four others with judicial activism argue that the State must protect the rights of citizens by referring to the living law with develops in society. With no expansion of the meaning of the article a quo then LGBT, adultery, rape and molestation cannot be convicted. This verdict has been troubling most of Indonesians who want a change in the legal system, considering the legislative process that began in 1963 until now did not come to fruition. So the People’s Consultative Assembly and the President as a positive legislator are required to immediately revise the laws and regulations in accordance with religious norms and common laws that develops in society to avoid the violence or vigilante action which actually harms the community itself.

Police Role Big City of Semarang in Vigilantism (Eigenrechting) Prevention by Society

The violence that is rife today one of which is an act of vigilantism. Police as law enforcement officers play an important role in the response to vigilantism. Problems in this study were analyzed using role theory and the theory of criminal prevention. Semarang Polrestabes role in the response to vigilante violence committed by groups of people is to undertake pre-emptive, preventive and repressive. Preemptive effort is socialization and approach to society, while preventive measures are done by counseling or routine patrol. A repressive measure is a law enforcement efforts through a series of investigative actions until the submission of the dossier to the level of prosecution that the prosecutor's office. Internal obstacles that arise in the response to vigilante violence is the lack of personnel Satreksim, the concern experienced by police in law enforcement and the difficulty in calling witnesses. To overcome these obstacles with the addition of personnel and coordinate with the nearest police-police. The external resistance is distrust of the justice system, the spontaneous nature of the group of people who come from social pressure factors, the absence of mediator or parties who try to block such vigilante action. To overcome external obstacles to build partnerships with the community, especially the community leaders, religious leaders, youth leader, in the form of law sicialization dan another activities that can made the harmonization dan society understanding.�Keywords: Prevention; Vigilantism

PENYEBAB TERJADINYA TINDAKAN MAIN HAKIM SENDIRI ATAU EIGENRICHTING YANG MENGAKIBATKAN KEMATIAN (CONTOH KASUS PEMBAKARAN PELAKU PENCURIAN MOTOR DENGAN KEKERASAN DI PONDOK AREN TANGERANG)

Cases of vigilante action are committed by a group of persons are not justified in the law. Those are cases which is unlawful, immoral, irresponsible and does not have an attitude that respects the law.Vigilante cases should have been reported to the authorities and the perpetrator should be punished in accordance to the existing law and regulations. There is no apparent regulations regarding the act of vigilante, instead there are some articles in Indonesian’s Criminal Code which can be used against the perpetrators. In this case Article 170 and 351 of Indonesian’s Criminal Code somehow has been used to deal with vigilante cases. It is important to learn what are the factors of the vigilante case in PondokAren, Tangerang which will be the main research in this thesis and also the prevention that should be done in order to avoid the same incident in the future. The research data shows that the factors behind perpetrators being vigilante is based on emotional factors, the lack of trust in the law and situation factor. On the other hand to prevent further case in the future the authorities need to improve their work from several aspects. Thus, creating a positive opinion on public.

Honour, purity and transgression: understanding blasphemy accusations and consequent violent action in Punjab, Pakistan

Since the incorporation of anti-blasphemy laws protecting the religious sentiments of the Muslim majority in the Pakistan Penal Code in the 1980s, Pakistan has seen several cases of extra-judicial killings, mob violence and vigilante action against the accused. Based on my fieldwork in Punjab, Pakistan, this paper deals with the meanings associated with blasphemy, and violent action that follows the accusations. Focusing on everyday interactions at a local level, I argue that certain understandings of the notions of honour, shame, purity, and transgression provide meaning as to what constitutes blasphemy and what are desirable courses of action to be taken in response to perceived blasphemy. I further demonstrate how public religious discourse is utilized to mobilize people, by actively legitimizing violence in the name of love, and framing as the hero – a true Muslim – one who can kill for the sake of love and hence is capable of preventing shame by defending the Prophet’s honour.

Sumitai

Mumbai, one of the grand, glitzy and global capitals of India, is often known as ‘slum-bai’ to its inhabitants. The city is home to Dharavi, Asia’s largest slum, and numerous other illegal settlements. This portrait traces the life of an impoverished rural migrant, Sumitai, living in one of these slums. She discovers how living with a semblance of dignity, support and comfort, and imagining a better life for her daughter in a peripheral urban colony requires her participation in local vigilante action promoted by an aggressive right-wing political party.

Community, Authorities, and Support for Vigilantism: Experimental Evidence

Vigilante justice challenges the state’s monopoly over the use of violence and as such has come to the attention of a growing body of political scholars. However, still little is known about the circumstances that foster support for citizens circumventing the state to confront crime directly. I argue that citizens’ perceptions of a trusting community, on the one hand, and an untrustworthy law enforcement, on the other, jointly influence their support for this kind of behavior. I test these hypotheses using a lab-in-the-field experiment in Mexico, a case in which the expansion of vigilante organizations has posed a serious challenge to the state. I find that participants are more supportive of a vigilante action when those considering said action are described to be inserted within a trustworthy community. Furthermore, I find that this effect is moderated by the described trustworthiness of law enforcement. These results contribute to our understanding of the emergence of vigilantism, and how trust in authorities can moderate the normative expression of social capital.

Disclosure of physical, emotional and sexual child abuse, help-seeking and access to abuse response services in two South African Provinces

Physical, emotional and sexual child abuse are major problems in South Africa. This study investigates whether children know about post-abuse services, if they disclose and seek services, and what the outcomes of help-seeking behaviour are. It examines factors associated with request and receipt of services. Confidential self-report questionnaires were completed by adolescents aged 10–17 (n = 3515) in South Africa. Prevalence of frequent (>weekly) physical abuse was 7.4%, frequent emotional abuse 12.4%, and lifetime contact sexual abuse 9.0%. 98.6% could name one suitable confidante or formal service for abuse disclosure, but only 20.0% of abuse victims disclosed. Of those, 72% received help. Most common confidantes were caregivers and teachers. Of all abuse victims, 85.6% did not receive help due to non-disclosure or inactivity of services, and 14.4% received help: 4.9% from formal health or social services and 7.1% through community vigilante action. Emotional abuse, sexual abuse and female gender were associated with higher odds of help-seeking. While children in South Africa showed high knowledge of available services, access to and receipt of formal services among abused children was low. Notably fewer children received help from formal services than through community vigilante action. Urgent action is needed to improve service access for child abuse victims.

In the Name of Mera Shahar

This article reads the city of Mumbai as a locus of terrorist disasters and impending/imminent terrorist threats. It primarily draws upon readings of three Hindi films released in 2008— Mumbai Meri Jaan, A Wednesday and Aamir—to decode the narratives of anxiety, fear, retribution and unrest constructed around real or imagined or expected terrorist threats to the cityscape. The article will argue that these films construct such narratives on several levels: a narrative that posits the various elements of the physical urban landscape with possibilities of danger or vulnerability to terror strikes, thus creating a ‘disaster-scape’ accentuated by its constant surveillance by the state as well as vigilante figures; a narrative of shared anxiety and paranoia that characters from all the three films share; a narrative that justifies vigilante action in the face of continued inaction on the part of the law and order system; and a narrative that demands symbolic atonement from the perceived ‘aggressor’. These narratives, in the final analysis, collapse into an overarching narrative of shared anxiety and paranoia that crystallises an imagined cityscape, an ‘essential’ Mumbai, which camouflages the innumerable differences and conflicts that the urban landscape is witness to.

Sex and (Evacuation from) the City: The Moral and Legal Regulation of Sex Workers in Vancouver’s West End, 1975—1985

For more than a century, prostitution in Vancouver, British Columbia has been at the centre of legal and political debate, policing, media coverage, and policy-making. From 1975 to 1985, a heterogeneous, pimp-free community of sex workers lived and worked on and around Davie Street in the city’s emerging ‘gay’ West End. Their presence sparked a vigorous backlash, including vigilante action, from multiple stake-holders intent on transforming the port town into a ‘world class city’ and venerable host of the World’s Fair, ‘Expo 1986’. In this article, drawing from interviews and archival material, I examine the abolitionist strategies adopted by Vancouver’s residents’ groups, business owners, politicians, and police to criminalize street solicitation and evacuate prostitutes who, in small numbers, ‘whorganized’ to fight back. The collective disavowal of sex workers as citizens was premised on the ‘cleansing’ of the zone under siege, which became whitened and made safe for bourgeois (queer) capitalism, with lethal consequences for outdoor sex workers in the city.

Insider Stories of the Comstock Lode and Nevada's Mining Frontier, 1859–1909: Primary Sources in American Social History (review)

Reviewed by: Insider Stories of the Comstock Lode and Nevada's Mining Frontier, 1859–1909: Primary Sources in American Social History Sanford E. Marovitz Insider Stories of the Comstock Lode and Nevada's Mining Frontier, 1859–1909: Primary Sources in American Social History. 2 vols. Ed. Lawrence I. Berkove. Lewiston, N.Y.: Edwin Mellen Press, 2007. xlviii + 1076 pp. Cloth, $199.95. In 1907, roughly half a century after the great Comstock lode of silver and gold was discovered in western Nevada, George Graham Rice established a new weekly in Reno entitled the Nevada Mining News. Within a year he added a column called "By-the-Bye" that presented weekly glimpses of early Comstock history with copious references to details of the industry. Portrayed are the diverse characters who participated in it from laborers to investors, con-men, judges, and politicos, as well as such prominent authors as Mark Twain and Dan DeQuille among others in the "Sagebrush School," an erstwhile designation that Lawrence I. Berkove has revitalized through his outstanding scholarship in the area. Berkove is the editor of Insider Stories of the Comstock Lode and Nevada's Mining Frontier, 1859–1909: Primary Sources in American Social History, an unwieldy title necessary to convey a sense of what the two-volumes contain in over eleven hundred pages, including an illuminating introduction and "Glossary of Mining Terms." The text comprises the fifty-seven "By-the-Bye" columns published between 30 April 1908 and 27 May 1909, followed by an insightful appendix on Twain and another on the unscrupulous Senator "Slippery Jim" Fair. Although "By-the-Bye" continued after the News moved to New York in 1909, Berkove's coverage ends with the tabloid's departure from Reno. All columns are numbered and dated in the table of contents with subheadings to indicate the topics in each, making it easy to locate subjects of special interest. Berkove reproduces the columns directly from the originals of 1908–09, adding footnotes to explain obscure references or name a few of the narrators identified by such vague designations as "the old veteran," "the septuagenarian Comstocker," and "a former newsman," that do not always refer to the same individuals. He identifies the speakers according to the dates of events being described because not all the narrators were [End Page 178] at the Comstock simultaneously; for example, Joseph Goodman was there in the 1860s and early 1870s and Samuel Davis arrived shortly after Goodman left, so Davis could not have described from experience incidents that occurred prior to 1875. Goodman became the owner and publisher of the Virginia City Territorial Enterprise, noted now chiefly because he hired Twain as one of his writers; indeed, Roughing It (1872) includes experiences Twain underwent as a reporter for the Enterprise and several "By-the-Bye" columns relate directly to them. Most of "By-the-Bye" was not written until decades after the events occurred, and the weekly narratives are presented as long quotations as if memorized verbatim interviews of speakers who were present at the scene. The idea was not to deceive but to present the past authentically. The events and people portrayed were still recent enough to be recalled by old-timers generally familiar with Comstock history and the ersatz reality of its legends. The narratives cover virtually all aspects of Comstock life, especially in its most prominent community, Virginia City. Although the columns are all self-contained, many of the characters reappear under other circumstances or are described by different speakers. Accounts depict heroic pony-express riders, humane outlaws and brutal ones like Sam Brown (who killed quickly without warning or apparent cause), vigilante action, and all the activities associated with mining. The reports in column 55 on a conflict between the Enterprise and the Virginia City Opera House in March 1864 are made particularly rich because of the unexpected role assumed by the show's star, Adah Isaacs Menken, in support of Goodman, Twain, and DeQuille. Because fortunes were made and lost so quickly—in days or even hours—exaggeration in reporting new strikes, evaluations of individual mines, and especially the buying and selling initially of feet and later of shares in claims was commonplace. If...

Vigilant Citizens: Statecraft and Exclusion in Dubbo City

Vigilant Citizens: Statecraft and Exclusion in Dubbo City

THE FIRST RECORDED ARRIVAL OFANAX JUNIUS, DRURY (ANISOPTERA: AESHNIDAE) IN EUROPE: A SCIENNTIST'S PERSPECTIVE

Abstract In September and October 1998 adults of Anax junius, (Common Green Darner) were encountered in small numbers at coastal sites in southwestern U.K. Circumstantial evidence supports the inference that they reached there on winds originating from New Brunswick and Quebec Canada in early September, a time when this species regularly migrates southwards along the Atlantic Canada and New England coasts of northeastern North America. Although identification of the specimens to species as currently defined seems secure, attempts to retain a voucher specimen were frustrated, making it impossible to re-evaluate the identification in the light of future taxonomic knowledge. Two physiological subspecific entities of Anax junius, are currently recognized in North America and it is not known to which entity the arriving individuals belonged. Capture of a voucher specimen for The Natural History Museum, London was prevented by vigilante action on a Cornwall Wildlife Trust nature reserve at Penlee, desplte prior...

Provincial Lives: Middle-Class Experience in the Antebellum Middle West

Provincial Lives: Middle-Class Experience in the Antebellum Middle West. By Timothy R. Mahoney. (New York: Cambridge University Press, 1999. Pp. 384. $54.95) In Provincial Lives, Timothy R. Mahoney offers readers a sequel to his well-received 1990 study River Towns in the Great West: The Structure of Provincial Urbanization in the American Midwest, 18201870. Once again, the author's geographic scope takes in the Upper Mississippi river valley, from St. Genevieve and St. Louis, Missouri at the south to Galena, Illinois and Prairie Du Chien, Wisconsin at the north, tracing eastward through Illinois along the Rock and Illinois Rivers, with occasional forays into the Illinois state capital at Springfield. Mahoney's earlier work explored the ways in which environment and economics conspired to create, transform and ultimately dismantle a regional urban system; here, Mahoney revisits that same ground with an eye toward the development of regional society, and, more particularly, the emergence of a distinctive regional middle class. The result is an altogether engrossing account of the changing contours of community life in the antebellum middle west. Part of Mahoney's motivation for writing the present book was a desire to paint a more intimate portrait of the people who shaped and encountered the broader changes chronicled in River Towns in the Great West, and to a large degree he succeeds, offering a thorough accounting of the means by which the fragmented, disorderly communities of the late eighteenth and early nineteenth-century upper Mississippi Valley evolved into a stratified, hierarchical, and institutional regional society. After a stage-setting chapter surveying French, Yankee and Native American interaction along the upper Mississippi river and its tributaries, Mahoney opens his story with a captivating chronicle of one family's effort to transplant, cultivate and sustain British- and Franco-American notions of family and community life across hundreds of miles as members of the Hempstead and Gratiot clans (united in the marriage of Susan Hempstead and Henry Gratiot) migrated between the stability and sophistication of St. Louis' mercantile elite and the turbulent, provisional communities of northern Illinois and southern Wisconsin's mining district. Next, we move to Keokuk, Iowa, where we observe closely (in what is an extraordinarily rich portrait of the birth of a midwestern town that will be of certain interest to local historians throughout the region) the ways in which the men who gathered together at the confluence of the Des Moines and Mississippi Rivers created - via boosterism and vigilante action, but also by way of nicknames and practical jokes, verbal jousting and other forms of collective fun - a recreational and convivial culture situated between ruffianism and that simultaneously provided an ad hoc social structure while eliding potentially-divisive differences among participants. Onto this rough-and-ready, highly masculinized, crudely egalitarian society, Mahoney argues, families from the East grafted their own values and mores, making for a uniquely Midwestern gentility. Drawing on correspondence and memoir as well as the material culture of middle class life in Galena, Illinois, Dubuque, Iowa and Quincy, Illinois, Mahoney shows how middle class men and women harnessed eastern notions of gentility in order to transfer to their new communities the values and behaviors associated with evangelical Christianity, republican law and order, and market capitalism. The final two chapters trace the ways in which these local genteel cultures were, in the middle decades of the nineteenth century, transformed into a regional society, in large part by men whose careers in law and contact with the railroad brought them into communication with other elite men throughout the region. As these men formed economic, social, and political ties with others like them, the distinctive values, assumptions, practices and behaviors that had emerged in Midwestern communities were transformed into shared and singular regional middle-class culture. …

Vigilante Action against Pornography: The Symbolic Destruction of Symbols

This essay is concerned with the relationship between two distinct problems arising out of the first amendment: The first is the problem of civil disobedience and political protest; the second is the problem of pornography and censorship. These problems are ususally treated in separate literatures. I will begin, however, by describing an incident which combines them in a clear and unavoidable way: