Bilingualism represents one of the assets of the Republic of Cameroon as enshrined on the preamble of the constitution. Article 1(2) of the Cameroon constitution affirms that the Republic of Cameroon shall be a decentralized unitary state, one and indivisible, secular, democratic and dedicated to social service [1]. The people have been empowered through Local and Regional councils to take part in their development with competencies being transferred to local entities. Cameroonians therefore will be able to work, teach, study, live or do business in any region of the country as long as they can express themselves or understand the second official language. With over 250 indigenous languages and ethnic groups in Cameroon [2], knowledge of French and English, a colonial heritage, serve as a social cement to bring citizens together. With the current advancement in technology and globalization, global education as well as job opportunities require the possession of transversal skills among which is communication skill. With the creation of the National Commission on Bilingualism and Multiculturalism aimed at fostering peace, justice and social cohesion, it is clear that the Government understands the role of bilingualism in the strife for a peaceful and harmonious nation. The Circular letter no. 23/22/MINESEC/IGP/IP-BIL of 28th January 2022 by the Minister of Secondary Education on instructions for preparation of National Week of Bilingualism presented the theme of 2022 bilingualism week as “Bilingualism: A Catalyst for Social Cohesion in the Context of Decentralization.” This paper therefore drawing inspiration from this theme, examines the role of bilingualism in promoting social cohesion in the context of decentralization. It also presents some challenges plaguing the promotion of bilingualism in Cameroon and ends by proposing a way forward.
{"title":"Bilingualism: A Catalyst for Social Cohesion in the Context of Decentralization: Stakes and Challenges","authors":"Isidor Fuh Suh","doi":"10.55529/jls.25.5.9","DOIUrl":"https://doi.org/10.55529/jls.25.5.9","url":null,"abstract":"Bilingualism represents one of the assets of the Republic of Cameroon as\u0000enshrined on the preamble of the constitution. Article 1(2) of the Cameroon constitution\u0000affirms that the Republic of Cameroon shall be a decentralized unitary state, one and\u0000indivisible, secular, democratic and dedicated to social service [1]. The people have been\u0000empowered through Local and Regional councils to take part in their development with\u0000competencies being transferred to local entities. Cameroonians therefore will be able to\u0000work, teach, study, live or do business in any region of the country as long as they can\u0000express themselves or understand the second official language. With over 250 indigenous\u0000languages and ethnic groups in Cameroon [2], knowledge of French and English, a\u0000colonial heritage, serve as a social cement to bring citizens together. With the current\u0000advancement in technology and globalization, global education as well as job opportunities\u0000require the possession of transversal skills among which is communication skill. With the\u0000creation of the National Commission on Bilingualism and Multiculturalism aimed at\u0000fostering peace, justice and social cohesion, it is clear that the Government understands\u0000the role of bilingualism in the strife for a peaceful and harmonious nation. The Circular\u0000letter no. 23/22/MINESEC/IGP/IP-BIL of 28th January 2022 by the Minister of Secondary\u0000Education on instructions for preparation of National Week of Bilingualism presented the\u0000theme of 2022 bilingualism week as “Bilingualism: A Catalyst for Social Cohesion in the\u0000Context of Decentralization.” This paper therefore drawing inspiration from this theme,\u0000examines the role of bilingualism in promoting social cohesion in the context of\u0000decentralization. It also presents some challenges plaguing the promotion of bilingualism\u0000in Cameroon and ends by proposing a way forward.","PeriodicalId":205081,"journal":{"name":"Journal of Legal Subjects","volume":"2019 7","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120923390","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
India is a country where children are treated as the asset of parents and also the asset of nation. Therefore, it is the responsibility of both parents and the government to have a firm hand on the youth of the country. It is necessary for nation- building and the development of nation. A person is not an offender by birth. The person acquire through the conduct or experiences through his life. So it is needed to prevent them for committing crimes. A delinquent juvenile cannot be sentenced to imprisionment. There are both pros and cons of Juvenile justice system in India. There are many leading factors to juvenile delinquency, in which one of the basic is ‘Violence in their Social Circles.’ In 2009 after the case Hari Ram v. State of Rajasthan & Anr., the court held that all persons who were below the age of 18 years on the date of commission of the offence even before the enforcement of Juvenile Justice (JJ) Act, 2000, would be treated as juveniles. The paper help us understand the concept of Juvenile Justice System in India and the need of it. The researcher used an analytical approach to understand different provisions of the JJ Act, 2000 to prevent the youth by providing care, protection, treatment, development and rehabilitation to neglected or delinquent juveniles.
{"title":"Role of Juvenile Justice System in India","authors":"Vanshika Singh","doi":"10.55529/jls.25.1.4","DOIUrl":"https://doi.org/10.55529/jls.25.1.4","url":null,"abstract":"India is a country where children are treated as the asset of parents and also the asset of nation. Therefore, it is the responsibility of both parents and the government to have a firm hand on the youth of the country. It is necessary for nation- building and the development of nation. A person is not an offender by birth. The person acquire through the conduct or experiences through his life. So it is needed to prevent them for committing crimes. A delinquent juvenile cannot be sentenced to imprisionment. There are both pros and cons of Juvenile justice system in India. There are many leading factors to juvenile delinquency, in which one of the basic is ‘Violence in their Social Circles.’ In 2009 after the case Hari Ram v. State of Rajasthan & Anr., the court held that all persons who were below the age of 18 years on the date of commission of the offence even before the enforcement of Juvenile Justice (JJ) Act, 2000, would be treated as juveniles. The paper help us understand the concept of Juvenile Justice System in India and the need of it. The researcher used an analytical approach to understand different provisions of the JJ Act, 2000 to prevent the youth by providing care, protection, treatment, development and rehabilitation to neglected or delinquent juveniles.","PeriodicalId":205081,"journal":{"name":"Journal of Legal Subjects","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129859698","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Egy Dwi Maulana, Imam Asmarudin, Tiyas Vika Widyastuti, A. Hamzani, Mukhidin .
Human rights are fundamental individual rights, these rights are the right to live in the political, economic, social, and cultural fields. Amid efforts to maximize the fulfillment of human rights, both nationally and internationally, there is a conflict in China between the Chinese government and Uighur Muslims which has resulted in human rights violations. This study aims to look at the regulation of human rights protection from the point of view of national law, namely the Law of the People's Republic of China, and from the point of view of International Law. This type of research is a literature study, the approach used is normative, the data collection technique is through data collection in the form of readings such as journals, books, and the internet, the results of which are directly analyzed through qualitative methods. The results of this study indicate that the protection of human rights is stated in the Chinese Constitution but its implementation is very difficult because it is contrary to China's use of communism, while the protection of human rights from international law is very possible because it is regulated in an international legal instrument, namely the Universal Declaration of Human Rights. , 1949 Geneva Conventions and the Rome Statute.
{"title":"Protection of Uighur Muslim in Human Rights Aspect in International Law Perspective","authors":"Egy Dwi Maulana, Imam Asmarudin, Tiyas Vika Widyastuti, A. Hamzani, Mukhidin .","doi":"10.55529/jls.24.12.20","DOIUrl":"https://doi.org/10.55529/jls.24.12.20","url":null,"abstract":"Human rights are fundamental individual rights, these rights are the right to live in the political, economic, social, and cultural fields. Amid efforts to maximize the fulfillment of human rights, both nationally and internationally, there is a conflict in China between the Chinese government and Uighur Muslims which has resulted in human rights violations. This study aims to look at the regulation of human rights protection from the point of view of national law, namely the Law of the People's Republic of China, and from the point of view of International Law. This type of research is a literature study, the approach used is normative, the data collection technique is through data collection in the form of readings such as journals, books, and the internet, the results of which are directly analyzed through qualitative methods. The results of this study indicate that the protection of human rights is stated in the Chinese Constitution but its implementation is very difficult because it is contrary to China's use of communism, while the protection of human rights from international law is very possible because it is regulated in an international legal instrument, namely the Universal Declaration of Human Rights. , 1949 Geneva Conventions and the Rome Statute.","PeriodicalId":205081,"journal":{"name":"Journal of Legal Subjects","volume":"126 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133100732","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The ethical and behavioural standards that guide a person's behaviour are protected as "human rights" under both domestic and international law. The human rights doctrine has exerted a significant amount of impact on global and regional organisations, in addition to having a significant impact on international law. Human rights are a topic that is actively pursued by governments and non-governmental organisations all around the world. It is nearly impossible to avoid hearing about atrocities and violations of human rights on a daily basis in the news. Crimes committed against children, women, and the disabled are continuing unabated in Covid 19, despite the fact that the Universal Declaration of Human Rights was adopted in 1948 and that special covenants were created to protect their rights. Direct or indirect violations of human rights can also be committed by the state itself. It is possible for the state to intentionally break the law or just fail to take the necessary safety measures. When a state abuses human rights, law enforcement, prosecutors, and other government personnel may be involved in the investigation and prosecution of the state. Even in the absence of direct physical contact, rights such as the right to a fair trial can be infringed upon, as is the case with police brutality. The Universal Declaration of Human Rights is still, sixty years after it was first published, a pipe dream for many people who work to advance human rights. In the event of a pandemic, Jammu & Kashmir suffers from violations of human rights. The purpose of this research is to investigate and evaluate the effects of abuses of human rights that occurred in Jammu and Kashmir during the pandemic.
{"title":"Lockdowns in Jammu and Kashmir: The Human Rights Consequences","authors":"S. Dar, Dr.Naseer Ahmad Lone","doi":"10.55529/jls.24.1.11","DOIUrl":"https://doi.org/10.55529/jls.24.1.11","url":null,"abstract":"The ethical and behavioural standards that guide a person's behaviour are protected as \"human rights\" under both domestic and international law. The human rights doctrine has exerted a significant amount of impact on global and regional organisations, in addition to having a significant impact on international law. Human rights are a topic that is actively pursued by governments and non-governmental organisations all around the world. It is nearly impossible to avoid hearing about atrocities and violations of human rights on a daily basis in the news. Crimes committed against children, women, and the disabled are continuing unabated in Covid 19, despite the fact that the Universal Declaration of Human Rights was adopted in 1948 and that special covenants were created to protect their rights. Direct or indirect violations of human rights can also be committed by the state itself. It is possible for the state to intentionally break the law or just fail to take the necessary safety measures. When a state abuses human rights, law enforcement, prosecutors, and other government personnel may be involved in the investigation and prosecution of the state. Even in the absence of direct physical contact, rights such as the right to a fair trial can be infringed upon, as is the case with police brutality. The Universal Declaration of Human Rights is still, sixty years after it was first published, a pipe dream for many people who work to advance human rights. In the event of a pandemic, Jammu & Kashmir suffers from violations of human rights. The purpose of this research is to investigate and evaluate the effects of abuses of human rights that occurred in Jammu and Kashmir during the pandemic.","PeriodicalId":205081,"journal":{"name":"Journal of Legal Subjects","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124117098","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
After the corporate world distorted due to various scandals, magnitude of corporate governance has been increasing continuously. Corporate Governance is termed as a detailed disclosure of information and an account of an organization’s economic situation, performance, proprietorship and governance, relationship with shareholders and obligation to business ethics and values. Corporate governance acts as a link between shareholders, stakeholders, and board of directors. It should be able to rebuild the trust and confidence of management and the company to the shareholders in the company. From 1991 to till today, corporate governance has gone through many stages for example committees were formed, new rules, regulations, acts, or revised laws came into existence. Since 1991 corporate governance has continuously been evolved to increase transparency, to match with world’s standard, improve and provide strength to companies in India to withstand with world’s companies. The main objective of this research paper is to analyse and compare various committee’s recommendations on corporate governance in India from Indian’s perspective, reports of SEBI and MCA were used for the comparison .
{"title":"A Comparative Study of Committee’s Reports on Corporate Governance in India","authors":"Manisha Sharma, Dr. Anita Rana","doi":"10.55529/jls.23.6.21","DOIUrl":"https://doi.org/10.55529/jls.23.6.21","url":null,"abstract":"After the corporate world distorted due to various scandals, magnitude of corporate governance has been increasing continuously. Corporate Governance is termed as a detailed disclosure of information and an account of an organization’s economic situation, performance, proprietorship and governance, relationship with shareholders and obligation to business ethics and values. Corporate governance acts as a link between shareholders, stakeholders, and board of directors. It should be able to rebuild the trust and confidence of management and the company to the shareholders in the company. From 1991 to till today, corporate governance has gone through many stages for example committees were formed, new rules, regulations, acts, or revised laws came into existence. Since 1991 corporate governance has continuously been evolved to increase transparency, to match with world’s standard, improve and provide strength to companies in India to withstand with world’s companies. The main objective of this research paper is to analyse and compare various committee’s recommendations on corporate governance in India from Indian’s perspective, reports of SEBI and MCA were used for the comparison .","PeriodicalId":205081,"journal":{"name":"Journal of Legal Subjects","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129604264","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Corruption is a global problem that is always a debate in all countries. Corruption has existed for a long time and it is a problem that exists in developing and developed countries. Many sectors are harmed by the attitude and behavior of corruption, and this greatly affects the economic growth of a country and can reduce the economic growth of a country. The purpose of this study is to see and analyze the impact of corruption in ASEAN countries in 2016-2021 by using panel data to conduct the FEM test. The objects of research are Thailand, Indonesia, Cambodia and the Philippines. This study shows that economic growth in several ASEAN countries is influenced by the corruption perception index and has a positive effect on economic growth. In addition, government spending and consumption have a positive effect on economic growth, while free trade has a negative effect on economic growth.
{"title":"Effect of Corruption in ASEAN (Case Study 4 ASEAN Countries)","authors":"Asni .","doi":"10.55529/jls.23.1.5","DOIUrl":"https://doi.org/10.55529/jls.23.1.5","url":null,"abstract":"Corruption is a global problem that is always a debate in all countries. Corruption has existed for a long time and it is a problem that exists in developing and developed countries. Many sectors are harmed by the attitude and behavior of corruption, and this greatly affects the economic growth of a country and can reduce the economic growth of a country. The purpose of this study is to see and analyze the impact of corruption in ASEAN countries in 2016-2021 by using panel data to conduct the FEM test. The objects of research are Thailand, Indonesia, Cambodia and the Philippines. This study shows that economic growth in several ASEAN countries is influenced by the corruption perception index and has a positive effect on economic growth. In addition, government spending and consumption have a positive effect on economic growth, while free trade has a negative effect on economic growth.","PeriodicalId":205081,"journal":{"name":"Journal of Legal Subjects","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127336200","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Remote sensing technologies use electromagnetic waves which are reflected and diffracted from earth to space to create sophisticated data which is largely useful for natural resource management and land uses. Initially, only a few countries had had access to remote sensing data however, withthe development of outer space technology and research, more states are acquiring the capacity to explore the use of remote sensing data. Likewise, the availability of private remote sensing data for commercial purposes has increased. At this juncture, countries are increasingly turning to the Intellectual Property (“IP”) Rights, particularly copyright, to protect and monopolise remote sensing data. The existing IP laws on remote sensing data vary greatly in the domestic and international law arena. The international laws on outer space do not adequately address the problems that afflict the copyright protection of remote sensing data. The paper sets out the dilemmas and debates surrounding the protection regime of remote sensing data, and finally, advances a possible solution to tackle the concerns.The conventions and journal articles are served to develop the arguments for the paper.
{"title":"Remote Sensing Data and International Ip Laws-","authors":"Gnanavi Gummadi, Biswanath Gupta","doi":"10.55529/jls.22.13.28","DOIUrl":"https://doi.org/10.55529/jls.22.13.28","url":null,"abstract":"Remote sensing technologies use electromagnetic waves which are reflected and diffracted from earth to space to create sophisticated data which is largely useful for natural resource management and land uses. Initially, only a few countries had had access to remote sensing data however, withthe development of outer space technology and research, more states are acquiring the capacity to explore the use of remote sensing data. Likewise, the availability of private remote sensing data for commercial purposes has increased. At this juncture, countries are increasingly turning to the Intellectual Property (“IP”) Rights, particularly copyright, to protect and monopolise remote sensing data. The existing IP laws on remote sensing data vary greatly in the domestic and international law arena. The international laws on outer space do not adequately address the problems that afflict the copyright protection of remote sensing data. The paper sets out the dilemmas and debates surrounding the protection regime of remote sensing data, and finally, advances a possible solution to tackle the concerns.The conventions and journal articles are served to develop the arguments for the paper.","PeriodicalId":205081,"journal":{"name":"Journal of Legal Subjects","volume":"82 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124919363","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Lembah Nurani Anjar Kinanti, A. Hamzani, Kus Rizkianto
The Mojokertoo District Court imposed a castration sentence for the crime of raping a child. Indonesia is still focused on retributive justice. The punishment of chemical castration destroys the mental and future of the perpetrators. The purpose of this study is to describe chemical castration about Indonesia's ratification of the ICCPR and CAT, and chemical punishment in terms of the purpose of punishment. This study uses a normative approach, and the data used are secondary data and qualitative analysis. The results of this study indicate that the imposition of chemical castration for the crime of raping children by the Mojokerto District Court Judge is contrary to Indonesia's ratification of ICCPR, CAT, and violates human rights. The punishment for castration is physical and mental torture. The ICCPR and CAT regulate the prohibition of torture, both physical and mental, which degrades human dignity. Castration is seen as physical and mental torture. Torture is one of the important international instruments in the protection of human rights. Committing torture is seen as an international crime. Chemical castration is a punishment that focuses on deterring the perpetrators. The purpose of punishment includes the protection of the community, rehabilitating and resocializing the perpetrators, to restore the balance between the perpetrators and the people who are disturbed by the commission of a crime. The punishment system is not a prison regulation system but has adopted a correctional system. The penitentiary system is no longer focused on retaliation but on fostering the perpetrators to realize their evil deeds. The punishment of criminals must also pay attention to the values contained in Pancasila, and the values that live in society. The crime of chemical castration needs to be reviewed.
{"title":"Chemical Castration for Child Rapists Judging from Indonesia's Ratification of ICCPR and CAT","authors":"Lembah Nurani Anjar Kinanti, A. Hamzani, Kus Rizkianto","doi":"10.55529/jls.22.1.12","DOIUrl":"https://doi.org/10.55529/jls.22.1.12","url":null,"abstract":"The Mojokertoo District Court imposed a castration sentence for the crime of raping a child. Indonesia is still focused on retributive justice. The punishment of chemical castration destroys the mental and future of the perpetrators. The purpose of this study is to describe chemical castration about Indonesia's ratification of the ICCPR and CAT, and chemical punishment in terms of the purpose of punishment. This study uses a normative approach, and the data used are secondary data and qualitative analysis. The results of this study indicate that the imposition of chemical castration for the crime of raping children by the Mojokerto District Court Judge is contrary to Indonesia's ratification of ICCPR, CAT, and violates human rights. The punishment for castration is physical and mental torture. The ICCPR and CAT regulate the prohibition of torture, both physical and mental, which degrades human dignity. Castration is seen as physical and mental torture. Torture is one of the important international instruments in the protection of human rights. Committing torture is seen as an international crime. Chemical castration is a punishment that focuses on deterring the perpetrators. The purpose of punishment includes the protection of the community, rehabilitating and resocializing the perpetrators, to restore the balance between the perpetrators and the people who are disturbed by the commission of a crime. The punishment system is not a prison regulation system but has adopted a correctional system. The penitentiary system is no longer focused on retaliation but on fostering the perpetrators to realize their evil deeds. The punishment of criminals must also pay attention to the values contained in Pancasila, and the values that live in society. The crime of chemical castration needs to be reviewed.","PeriodicalId":205081,"journal":{"name":"Journal of Legal Subjects","volume":"212 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133056247","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Coronavirus Disease (Covid-19) pandemic has caused criminal case trials to be held virtually. There are objections from advocates regarding the virtual trial of criminal cases. Advocates also question the guarantee of the fulfillment of the right to a fair trial. The purpose of this study was to determine and examine the implementation of advocacy for defendants by advocates in virtual criminal case trials and the obstacles faced about the implementation of advocacy for defendants by advocates in virtual criminal case trials. The approach used in this research is the legal approach. This research data collection technique was carried out through conventional and online literature searches. The data analysis technique used in this study is qualitative because the data is presented in a narrative-descriptive manner. The results showed that the advocate for the defendant was intended to provide legal assistance, confront and provide instructions to the defendant regarding the steps and efforts that must be taken while in front of the trial, and assist the defendant in acting. This of course will be difficult to obtain if the advocate cannot accompany the defendant directly during the virtual trial. In the end, the fulfillment of the defendant's rights in examining cases in court will be neglected. The obstacles faced by advocates in assisting defendants during online criminal case trials are the limited courtroom that has a teleconference device, unstable internet network that can even be disconnected, unclear timing of the trial, limited communication and coordination between the defendant and the advocate due to the defendant being in the office. correctional institutions or state detention centers, access to assistance by advocates for defendants also cannot be as flexible as a direct trial before a court, this will certainly affect the overall evidentiary process.
{"title":"http://journal.hmjournals.com/index.php/JLS/issue/view/58","authors":"H. ., F. Sudewo, S. .","doi":"10.55529/jls.21.1.10","DOIUrl":"https://doi.org/10.55529/jls.21.1.10","url":null,"abstract":"The Coronavirus Disease (Covid-19) pandemic has caused criminal case trials to be held virtually. There are objections from advocates regarding the virtual trial of criminal cases. Advocates also question the guarantee of the fulfillment of the right to a fair trial. The purpose of this study was to determine and examine the implementation of advocacy for defendants by advocates in virtual criminal case trials and the obstacles faced about the implementation of advocacy for defendants by advocates in virtual criminal case trials. The approach used in this research is the legal approach. This research data collection technique was carried out through conventional and online literature searches. The data analysis technique used in this study is qualitative because the data is presented in a narrative-descriptive manner. The results showed that the advocate for the defendant was intended to provide legal assistance, confront and provide instructions to the defendant regarding the steps and efforts that must be taken while in front of the trial, and assist the defendant in acting. This of course will be difficult to obtain if the advocate cannot accompany the defendant directly during the virtual trial. In the end, the fulfillment of the defendant's rights in examining cases in court will be neglected. The obstacles faced by advocates in assisting defendants during online criminal case trials are the limited courtroom that has a teleconference device, unstable internet network that can even be disconnected, unclear timing of the trial, limited communication and coordination between the defendant and the advocate due to the defendant being in the office. correctional institutions or state detention centers, access to assistance by advocates for defendants also cannot be as flexible as a direct trial before a court, this will certainly affect the overall evidentiary process.","PeriodicalId":205081,"journal":{"name":"Journal of Legal Subjects","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134101852","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Coronavirus Disease (Covid-19) pandemic has caused criminal case trials to be held virtually. There are objections from advocates regarding the virtual trial of criminal cases. Advocates also question the guarantee of the fulfillment of the right to a fair trial. The purpose of this study was to determine and examine the implementation of advocacy for defendants by advocates in virtual criminal case trials and the obstacles faced about the implementation of advocacy for defendants by advocates in virtual criminal case trials. The approach used in this research is the legal approach. This research data collection technique was carried out through conventional and online literature searches. The data analysis technique used in this study is qualitative because the data is presented in a narrative-descriptive manner. The results showed that the advocate for the defendant was intended to provide legal assistance, confront and provide instructions to the defendant regarding the steps and efforts that must be taken while in front of the trial, and assist the defendant in acting. This of course will be difficult to obtain if the advocate cannot accompany the defendant directly during the virtual trial. In the end, the fulfillment of the defendant's rights in examining cases in court will be neglected. The obstacles faced by advocates in assisting defendants during online criminal case trials are the limited courtroom that has a teleconference device, unstable internet network that can even be disconnected, unclear timing of the trial, limited communication and coordination between the defendant and the advocate due to the defendant being in the office. correctional institutions or state detention centers, access to assistance by advocates for defendants also cannot be as flexible as a direct trial before a court, this will certainly affect the overall evidentiary process.
{"title":"Advocacy Problems In Virtual Criminal Trials","authors":"H. ., F. Sudewo, S. .","doi":"10.55529/jls21.1.10","DOIUrl":"https://doi.org/10.55529/jls21.1.10","url":null,"abstract":"The Coronavirus Disease (Covid-19) pandemic has caused criminal case trials to be held virtually. There are objections from advocates regarding the virtual trial of criminal cases. Advocates also question the guarantee of the fulfillment of the right to a fair trial. The purpose of this study was to determine and examine the implementation of advocacy for defendants by advocates in virtual criminal case trials and the obstacles faced about the implementation of advocacy for defendants by advocates in virtual criminal case trials. The approach used in this research is the legal approach. This research data collection technique was carried out through conventional and online literature searches. The data analysis technique used in this study is qualitative because the data is presented in a narrative-descriptive manner. The results showed that the advocate for the defendant was intended to provide legal assistance, confront and provide instructions to the defendant regarding the steps and efforts that must be taken while in front of the trial, and assist the defendant in acting. This of course will be difficult to obtain if the advocate cannot accompany the defendant directly during the virtual trial. In the end, the fulfillment of the defendant's rights in examining cases in court will be neglected. The obstacles faced by advocates in assisting defendants during online criminal case trials are the limited courtroom that has a teleconference device, unstable internet network that can even be disconnected, unclear timing of the trial, limited communication and coordination between the defendant and the advocate due to the defendant being in the office. correctional institutions or state detention centers, access to assistance by advocates for defendants also cannot be as flexible as a direct trial before a court, this will certainly affect the overall evidentiary process.","PeriodicalId":205081,"journal":{"name":"Journal of Legal Subjects","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133913153","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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