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The Relationship between Political Configuration and the Characteristics of Judicial Power and the Implications for the Judicial Process in Indonesia to Realize Social Justice in Society 政治结构与司法权特征的关系及其对印尼司法过程实现社会正义的启示
Pub Date : 2023-11-09 DOI: 10.55529/jls.36.18.27
Muhammad Firman Karim, Yulia Budiwati, Seno Wibowo Gumbira, Megafury Apriandhini, Tri Sumardjoko
This article discusses the relationship between political configuration and the characteristics of judicial power exercised by the Supreme Court and Constitutional Court in Indonesia. In writing this article, a normative approach is used in the form of legal history and comparative law. There is a very close relationship between political configuration and the characteristics of judicial power in Indonesia so that it can influence judicial power in Indonesia. The form of political configuration intervention in judicial power is not implementing the decisions of the judiciary and replacing judges in the Supreme Court and Constitutional Court in Indonesia. This causes the level of public (society) trust in judicial power and law in Indonesia to decline drastically and of course, cannot realize social justice in Indonesia.
本文探讨了印尼最高法院和宪法法院行使司法权的特点与政治结构之间的关系。在撰写本文时,以法律史和比较法的形式使用了规范方法。印尼的政治结构与司法权的特点有着非常密切的关系,从而影响着印尼的司法权。政治配置干预司法权的形式是不执行司法机关的决定,更换最高法院和宪法法院的法官。这导致印尼公众(社会)对司法权和法律的信任水平急剧下降,当然也无法实现印尼的社会正义。
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引用次数: 0
The Influence of Community Relation and Performance on Police Trust: A Prediction Model 社区关系和绩效对警察信任的影响:一个预测模型
Pub Date : 2023-10-07 DOI: 10.55529/jls.36.1.17
April Daisy Grace Sabijon, Roberto Magbojos
This study aimed to determine the police trust in relation to police community relation and performance in District 1 of Davao del Norte, 384 residents from the district 1 of Davao del Norte participated the survey. The study used descriptive-predictive design with the utilization of mean, standard deviation, pearson-r and multiple linear regression. The findings revealed that police-community relation positively and significantly correlated with police trust (r=0.500, p<0.05), similarly, police performance positively and significantly correlated with police trust (r=0.862, p<0.05). However, the significant influence of police community relation and police performance to predict public trust, overall results indicate that indicators of police performance, such as attentiveness, reliability, fairness, manners, and responsiveness, have a stronger predictive relationship with police trust compared to indicators of police-community relations. The public relation program also shows a positive relationship with trust in both models. However, the civic action program, public information program, mass communication program, and competence do not significantly contribute to the prediction of police trust.
本研究旨在确定达沃北一区警察信任与警察社区关系和绩效之间的关系,来自达沃北一区的384名居民参与了调查。本研究采用描述预测设计,利用均值、标准差、pearson-r和多元线性回归。结果显示,警民关系与警察信任正显著相关(r=0.500, p<0.05),警察绩效与警察信任正显著相关(r=0.862, p<0.05)。然而,警察社区关系和警察绩效对预测公众信任的显著影响,总体结果表明,与警察社区关系指标相比,警察绩效指标,如注意力、可靠性、公平性、礼貌和响应性,对警察信任具有更强的预测关系。在两个模型中,公共关系项目也显示出与信任呈正相关关系。然而,公民行动计划、公共信息计划、大众传播计划和胜任能力对警察信任的预测没有显著贡献。
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引用次数: 0
Data Privacy Regulations in Ghana: A Guide to GDPR Compliance for Businesses 加纳数据隐私法规:企业GDPR合规指南
Pub Date : 2023-07-29 DOI: 10.55529/jls.34.32.41
Zimpah Bikunati Joseph, Kwabena Boateng Mensah, Zimpah Nafah Abraham
The protection of personal data is a top priority for both individuals and organizations in the modern digital world. In the Ghanaian context, strict data privacy laws are essential to protecting citizens' rights and privacy. The legal foundation for these restrictions is the 1992 constitution of Ghana and Data Protection Act, specifically the Data Protection Act, 2012 (Act 843), which establishes the guidelines for legitimate data processing, the responsibilities of data controllers and processors, and the rights of data subjects. Compliance with local laws, however, may not be sufficient for enterprises operating on a worldwide scale or in international marketplaces as a result of the fact that globalization and digitalization cut across national boundaries. This article delves into Ghana's complex data privacy landscape, illuminating key points and providing suggestions for how businesses can improve their data protection practices by adhering to internationally recognized data protection standards like the General Data Protection Regulation (GDPR) of the European Union. Understanding the fundamental principles of Ghana's Data Protection Act, the scope and applicability of GDPR in Ghana, the importance of data mapping and inventory, the function of Data Protection Impact Assessments (DPIAs), consent and the rights of data subjects, data security and breach notification, and the potential sanctions for non-compliance are some of the key areas of focus. Readers can obtain a profound awareness of Ghana's data privacy landscape and the procedures necessary to successfully align with national and international data protection regulations by navigating this in-depth exploration. Businesses that prioritize compliance with data protection regulations in Ghana are better positioned not only to meet legal requirements but also to foster trust, drive innovation, and contribute to the nation's digital advancement on the global stage. In an ever-evolving digital world where data privacy is paramount.
在现代数字世界中,保护个人数据是个人和组织的首要任务。在加纳,严格的数据隐私法对于保护公民的权利和隐私至关重要。这些限制的法律基础是1992年加纳宪法和数据保护法,特别是2012年数据保护法(第843号法案),该法案规定了合法数据处理的指导方针,数据控制者和处理者的责任,以及数据主体的权利。然而,由于全球化和数字化跨越国界,对于在全球范围内或在国际市场上运营的企业来说,遵守当地法律可能还不够。本文深入研究了加纳复杂的数据隐私环境,阐明了要点,并为企业如何通过遵守国际公认的数据保护标准(如欧盟的通用数据保护条例(GDPR))来改进其数据保护实践提供了建议。了解加纳《数据保护法》的基本原则、加纳GDPR的范围和适用性、数据映射和清单的重要性、数据保护影响评估(DPIAs)的功能、数据主体的同意和权利、数据安全和违规通知以及对违规行为的潜在制裁是一些重点领域。读者可以获得加纳的数据隐私景观的深刻认识和必要的程序,成功地与国家和国际数据保护法规对齐导航这一深入的探索。在加纳,优先遵守数据保护法规的企业不仅能更好地满足法律要求,还能促进信任、推动创新,并为该国在全球舞台上的数字进步做出贡献。在不断发展的数字世界中,数据隐私至关重要。
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引用次数: 0
Assessment on the Level of Job Stress of the Police Officers during Pandemic in Tagum City 大流行期间塔古姆市警察工作压力水平评估
Pub Date : 2023-05-10 DOI: 10.55529/jls.33.22.25
Glezie F. Parcon, Amparo L. Besgas, Rica Almazan, JullieLibres ., Justin Jay Olbes
Law enforcement is frequently considered a challenging profession. Given that police officers are constantly under stress this study was conducted. This study sough to assess job stress of police officers in Tagum City. The study employed a quantitative design which involved 200 police officers. Results show that job stress of police officers reached a descriptive level of high (x=4.09). This is based on the following indicators: Emotional wellbeing (x=4.19), Physical health (x=4.06), Job performance (x=4.00) All of which garnered a descriptive level of high. From these results, an intervention program was made.
执法经常被认为是一个具有挑战性的职业。鉴于警察经常处于压力之下,进行了这项研究。本研究旨在评估塔古姆市警察的工作压力。这项研究采用了定量设计,涉及200名警察。结果显示,警察的工作压力达到了描述性的高水平(x=4.09)。这是基于以下指标:情绪健康(x=4.19),身体健康(x=4.06),工作表现(x=4.00),所有这些都获得了高的描述性水平。根据这些结果,制定了干预方案。
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引用次数: 0
Criminal Accountability for Spreading Hoax News on Social Media in the Construction of Criminal Law 刑法建构中社交媒体传播虚假新闻的刑事问责
Pub Date : 2023-04-26 DOI: 10.55529/jls.33.14.21
Zidti Imaroh, Achmad Irwan Hamzani, Fajar Dian Aryani
Currently, hoaxes have become a threat to national unity. The number of Hoaxes in 2021 Kominfo has blocked 565,449 hoax content circulating on social media. The criminal responsibility for spreading fake news (hoaxes) is regulated by several laws, including the Criminal Code and the ITE Law. This study aims to describe the spread of hoax news on social media and to examine criminal responsibility for spreading hoax news on social media in criminal law. This type of research is library research. The approach used is a normative approach, the data collection technique is through library research and is carried out online and analyzed using a descriptive-analytical research method. The results of this study indicate that not all news dissemination Hoaxes on social media can be held accountable, as stipulated in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions The spread of hoax news that can be held criminally responsible, namely the spread of hoax news that is done intentionally, defamation, extortion, harming consumers, containing racial elements, and threats of violence. A person can be held criminally responsible for spreading hoax news on social media if he has made a mistake as stipulated in Article 27, Article 28, Article 29 of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, so that if the perpetrators of spreading hoax news on social media do not fulfill the elements of the article, then they cannot be held accountable as perpetrators of spreading hoax news on social media.
目前,恶作剧已经成为对国家统一的威胁。Kominfo在2021年拦截了在社交媒体上传播的565,449个恶作剧内容。传播假新闻(骗局)的刑事责任由几部法律规定,包括《刑法》和《信息产权法》。本研究旨在描述恶作剧新闻在社交媒体上的传播,并在刑法上考察在社交媒体上传播恶作剧新闻的刑事责任。这种类型的研究是图书馆研究。使用的方法是一种规范的方法,数据收集技术是通过图书馆研究和在线进行,并使用描述性分析研究方法进行分析。本研究的结果表明,并不是所有的新闻传播在社交媒体上的骗局都可以被追究责任,正如2016年第19号法律关于2008年第11号法律关于信息和电子交易的修正案所规定的那样。传播恶作剧新闻可以被追究刑事责任,即传播恶作剧新闻是故意的,诽谤,敲诈勒索,伤害消费者,包含种族因素和暴力威胁。一个人可以恶作剧新闻传播过程中被依法追究刑事责任在社交媒体上,如果他犯了一个错误在第二十七条规定,第二十八条、第二十九条的法律数量19 2016年有关法律修正案2008年11号关于信息和电子交易,所以如果社交媒体传播骗局的罪魁祸首消息不满足本文的元素,然后他们不能负责的罪犯骗局社交媒体新闻传播。
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引用次数: 0
Increasing Number of Cases of Divorce in India after Lockdown 封锁后印度离婚案件增多
Pub Date : 2023-03-25 DOI: 10.55529/jls.33.27.32
Momin Abdullah Sarfraz, Ansari Shabnoor Bano Ajaz
When a marital status is dissolved between a man and woman it is known as Divorce. After petition is filed by the women or man, the separation is granted by the court of law. It had been observed that about 7 out of the 10 calls received by an advocate in a day are about divorce. To be specific, it is noted that there is 20% growth in divorce cases after the court resumes after lockdown. Bill passed in the parliament in the mid-1950s provided for women property rights, outlawed polygamy and allowed partners to file for divorce. The laws were further twisted in 1976 to allow divorce by mutual consent. Divorce is one of the most horrible and painful encounters in an individual's life. Divorce is the end of a marriage, dropping the legal obligations and duties of marriage and dissolving the obligations of marital status among a couple. Divorce is perhaps the hardest situation a family can go through. Not so far in the past the word 'Divorce' was unimaginable. Individuals even delayed their enduring marriages to maintain a strategic distance from divorce but this situation isn’t the same any longer. Everywhere throughout the world, the rate of divorce among couples is growing at a disturbing rate.
当一个男人和一个女人之间的婚姻状态被解除时,它被称为离婚。在女方或男方提出请求后,法院准予分居。据观察,律师每天接到的10个电话中约有7个是关于离婚的。具体来说,值得注意的是,在封锁后法院恢复后,离婚案件增加了20%。20世纪50年代中期,议会通过了一项法案,规定了妇女的财产权,禁止一夫多妻制,并允许伴侣提出离婚。1976年,法律进一步扭曲,允许双方同意离婚。离婚是一个人一生中最可怕、最痛苦的遭遇之一。离婚是婚姻的结束,放弃了婚姻的法律义务和责任,解除了夫妻之间婚姻状况的义务。离婚可能是一个家庭所能经历的最艰难的情况。不久以前,“离婚”这个词还是不可想象的。有些人甚至会推迟他们长久的婚姻,以保持与离婚的战略距离,但这种情况已经不一样了。在世界各地,夫妻之间的离婚率正以令人不安的速度增长。
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引用次数: 0
Enhancing Student Engagement through Effective Classroom Management: A Study of Criminology Instructors 通过有效的课堂管理提高学生参与度:犯罪学教师的研究
Pub Date : 2023-01-02 DOI: 10.55529/jls.31.18.28
Ariel A. Alamban
The main purpose of the study was to determine the significant relationship between student engagement of criminology student and classroom management of college instructs and to come up with a regression model for student engagement of criminology students. Based on the findings of the study, there was a significant relationship between classroom management and student engagement, however, there was no significant relationship between sex and student engagement. It was also revealed that the combined influence of sex and classroom management on student engagement is significant. Three models of students’ student engagement are crafted from the results of the study: general model, model for male students and model for female students. The models comparatively show that may it be male or female students, they have the same degree of student engagement.
本研究的主要目的是确定犯罪学学生的学生敬业度与高校教师课堂管理之间的显著关系,并提出犯罪学学生敬业度的回归模型。根据研究结果,课堂管理与学生参与之间存在显著的关系,然而,性别与学生参与之间没有显著的关系。研究还发现,性别和课堂管理对学生参与的综合影响是显著的。根据研究结果,构建了三种学生参与模型:一般模型、男生模型和女生模型。模型对比表明,无论是男生还是女生,他们的学生投入程度是相同的。
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引用次数: 0
National Security and its Implication for Peace and Development in Nigeria Federation 国家安全及其对尼日利亚和平与发展的影响
Pub Date : 2022-11-24 DOI: 10.55529/jls.26.9.19
Amos Ojo Adedeji
Enhanced performance of governmental agencies in any federation is a productof security of life and property. The paper qualitatively appraise national security and it’simplication for peace and development in Nigeria. The finding revealed that the nationalsecurity anatomy has been performing their constitutional responsibility of securing life andproperty, however it is been challenged by number of factors among paucity of funds, overcentralisation,lack of the adequate security expert and the shortage of personnel. The paperrecommended among others provision of the adequate funds, complete restructure ofsecurity to allow decentralization, increase in the number of security force and equitabledistribution of resources. Professionalism should also be embraced to sustain movementtowards stable national security.
任何联邦政府机构绩效的提高都是生命和财产安全的产物。本文定性地评价了尼日利亚的国家安全及其对和平与发展的简化。调查结果显示,国家安全部门一直在履行其保障生命和财产安全的宪法责任,但受到资金不足、过度集中、缺乏足够的安全专家和人员短缺等诸多因素的挑战。该文件除其他外建议提供充足的资金,彻底改组安全以允许权力下放,增加安全部队的人数和公平分配资源。专业精神也应该被接纳,以维持稳定的国家安全。
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引用次数: 5
Provisions for Protection Against Child Prostitution: AStudy 防止儿童卖淫的规定:研究
Pub Date : 2022-11-24 DOI: 10.55529/jls.26.1.8
Ms. Rashmi Dubey, Dr. Ujwala Bendale, M. H. Pawar
“Children are not things to be molded, but are people to be unfolded.” Jess LairWhen children regularly engage in sexual behaviour for money or the advantage of others,this is referred to as child prostitution. These institutionalised arrangements continued,regular societal structures involve the sexual exploitation of children. Child prostitution isa particularly severe form of exploitative child labour as well as a severe form of sexualabuse of children. Due to the widespread lack of awareness towards the issue, childprostitution has not received enough attention in India despite being a major globalconcern. Children are stripped of their childhood, human rights, and dignity as a result ofthis long-standing issue. Child trafficking is one of the various ways that children are usedas prostitutes. Studies on trafficking have focused on the forced migration of children forsex.
“孩子不是可以塑造的东西,而是可以展开的人。”当儿童经常为了金钱或他人的利益而进行性行为时,这被称为儿童卖淫。这些制度化的安排继续存在,正常的社会结构涉及对儿童的性剥削。儿童卖淫是一种特别严重的剥削童工形式,也是对儿童的一种严重的性虐待形式。由于普遍缺乏对这一问题的认识,尽管儿童卖淫是全球关注的一个主要问题,但在印度并没有得到足够的重视。由于这个长期存在的问题,儿童被剥夺了童年、人权和尊严。贩卖儿童是利用儿童卖淫的多种方式之一。关于贩运的研究集中在强迫儿童移徙进行性行为。
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引用次数: 3
A Study of Law Regarding Life Insurance Business in India 印度人寿保险业务法律研究
Pub Date : 2022-10-20 DOI: 10.55529/jls.25.10.14
S. Ramesh
Life insurance is a contract under which the assured person (or his nominee)should be paid the amount in respect of an occurrence against which he is insured. Theagreement is valid to pay the insured amount for the expiration date or (ii) the specifiedperiodical dates or (iii) the death of the unlucky person, if it is previously reported. Thecontract also allows for the payment by the policyholder of the premium to the companyperiodically, among other things. This paper focuses on the law relating to life insurancebusiness in India.
人寿保险是一种合同,根据该合同,被保险人(或其指定人)应就其投保的事件获得金额。本协议在保险到期日期或(ii)规定的定期日期或(iii)不幸的人死亡(如果先前已报道)期间支付保险金额有效。合同还允许投保人定期向公司支付保险费。本文主要研究印度人寿保险业务的相关法律。
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引用次数: 3
期刊
Journal of Legal Subjects
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