Pub Date : 2024-05-07DOI: 10.36348/sijlcj.2024.v07i05.001
Lydia Amelia, G. Gunarto, Anis Mashdurohatun.
The objectives of this research are to analyze and find weaknesses in the current regulations for storing notarial deed minutes and to find a reconstruction of regulations on the legality of electronically storing minutes of notarial deeds based on the value of justice in a constructivism paradigm with a social legal research approach method to solve research problems by examining secondary data and primary data by finding legal realities experienced in the field as well as qualitative descriptive methods, namely where The data obtained is then arranged systematically so that a comprehensive picture will be obtained, where later the data will be presented descriptively. Research results show that the Weaknesses consist of (a) Legal structure where there are no communication and informatics experts which means electronic storage of certificate minutes cannot be implemented (b) Legal substance including unclear norms in UUJN Article 15 paragraph (3) UUJN, Unclear norms in UUJN no. 2 of 2014 Article 1 number 13. Weaknesses in proving Article 1868 of the Civil Code. (c) Legal Culture, namely the difficulty for senior notaries to understand new technology and tend to stick with old technology. Therefore, the reconstruction of Pancasila values in the electronic storage of deed minutes creates an electronic notary system because it can create a product that is more accurate, relevant, economical, trustworthy, faster, and more practical. Reconstruction of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary Article 1 number 7 so that the Minutes of Deed are the original Deed containing the signatures of the presenters, witnesses, and Notary, which are stored in paper form and/or in the form of an electronic document as part of the Notary Protocol. Article 16 paragraph (1) letter b becomes (1) In carrying out his office, a Notary is obliged to: b. make deeds in the form of deed minutes and/or deed e-minutes and save them as part of the Notary's protocol.
{"title":"Legal Reconstruction of Electronic Storage for Notarial Deeds Minute Based on the Value of Justice","authors":"Lydia Amelia, G. Gunarto, Anis Mashdurohatun.","doi":"10.36348/sijlcj.2024.v07i05.001","DOIUrl":"https://doi.org/10.36348/sijlcj.2024.v07i05.001","url":null,"abstract":"The objectives of this research are to analyze and find weaknesses in the current regulations for storing notarial deed minutes and to find a reconstruction of regulations on the legality of electronically storing minutes of notarial deeds based on the value of justice in a constructivism paradigm with a social legal research approach method to solve research problems by examining secondary data and primary data by finding legal realities experienced in the field as well as qualitative descriptive methods, namely where The data obtained is then arranged systematically so that a comprehensive picture will be obtained, where later the data will be presented descriptively. Research results show that the Weaknesses consist of (a) Legal structure where there are no communication and informatics experts which means electronic storage of certificate minutes cannot be implemented (b) Legal substance including unclear norms in UUJN Article 15 paragraph (3) UUJN, Unclear norms in UUJN no. 2 of 2014 Article 1 number 13. Weaknesses in proving Article 1868 of the Civil Code. (c) Legal Culture, namely the difficulty for senior notaries to understand new technology and tend to stick with old technology. Therefore, the reconstruction of Pancasila values in the electronic storage of deed minutes creates an electronic notary system because it can create a product that is more accurate, relevant, economical, trustworthy, faster, and more practical. Reconstruction of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary Article 1 number 7 so that the Minutes of Deed are the original Deed containing the signatures of the presenters, witnesses, and Notary, which are stored in paper form and/or in the form of an electronic document as part of the Notary Protocol. Article 16 paragraph (1) letter b becomes (1) In carrying out his office, a Notary is obliged to: b. make deeds in the form of deed minutes and/or deed e-minutes and save them as part of the Notary's protocol.","PeriodicalId":499336,"journal":{"name":"Scholars international journal of law, crime and justice","volume":"21 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141005130","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}
Pub Date : 2024-05-07DOI: 10.36348/sijlcj.2024.v07i05.002
Ahmad Fauzi, G. Gunarto, Anis Mashdurohatun.
This research aims to analyze and find the weaknesses in the regulation of reasons for divorce in Islamic marriage law in Indonesia currently and to reconstruct the regulations for reasons for divorce in Islamic marriage law in Indonesia based on the value of justice using a constructivist paradigm with a socio-legal research approach method by examining secondary data and primary data by finding legal realities experienced in the field as well as a qualitative descriptive method, namely where the data obtained is then arranged systematically so that a comprehensive picture will be obtained, where later the data will be presented descriptively. The results of the research shows that the Weaknesses in the regulation of reasons for divorce in Islamic marriage law in Indonesia consist of: a). Legal Substance where Article 19 letter (f) Government Regulation Number 9 of 1975 and Article 116 letter (f) b). The Legal Structure consists of the weaknesses of the judge and the Weaknesses of the Mediator c). The legal culture where the husband's actions are super powerful, the increasing number of media broadcasting or presenting divorce issues, a cultural shift that exists where divorce is not considered taboo in society. Therefore, The reconstruction of the regulation of reasons for divorce in Islamic marriage law in Indonesia based on the value of justice consists of a value reconstruction where improvements are made to Article 19 letter (f) of Government Regulation Number 9 of 1975 concerning the Implementation of Law No. 1 of 1974 concerning Marriage and Article 116 letter (f) of the Compilation of Islamic Law so that continuous disputes as a reason for divorce can be in line with the objectives of Islamic sharia (maqashid syari'ah) being implemented. Reconstructing norms regarding Article 19 letter (f) Government Regulation Number 9 of 1975 concerning Implementation of Law No. 1 of 1974 concerning Marriage and Article 116 letter (f) Compilation of Islamic Law and Point C of Supreme Court Circular Letter Number 3 of 2023 by adding norms for divorce cases based on continuous disputes and quarrels can be granted if it is proven that the husband and wife have continuous disputes and quarrels which results in damage to religion, soul, reason, lineage and property which causes disharmony in the household.
{"title":"Legal Reconstruction of Reasons for Divorce in Islamic Marriage Law in Indonesia Based on Justice Values","authors":"Ahmad Fauzi, G. Gunarto, Anis Mashdurohatun.","doi":"10.36348/sijlcj.2024.v07i05.002","DOIUrl":"https://doi.org/10.36348/sijlcj.2024.v07i05.002","url":null,"abstract":"This research aims to analyze and find the weaknesses in the regulation of reasons for divorce in Islamic marriage law in Indonesia currently and to reconstruct the regulations for reasons for divorce in Islamic marriage law in Indonesia based on the value of justice using a constructivist paradigm with a socio-legal research approach method by examining secondary data and primary data by finding legal realities experienced in the field as well as a qualitative descriptive method, namely where the data obtained is then arranged systematically so that a comprehensive picture will be obtained, where later the data will be presented descriptively. The results of the research shows that the Weaknesses in the regulation of reasons for divorce in Islamic marriage law in Indonesia consist of: a). Legal Substance where Article 19 letter (f) Government Regulation Number 9 of 1975 and Article 116 letter (f) b). The Legal Structure consists of the weaknesses of the judge and the Weaknesses of the Mediator c). The legal culture where the husband's actions are super powerful, the increasing number of media broadcasting or presenting divorce issues, a cultural shift that exists where divorce is not considered taboo in society. Therefore, The reconstruction of the regulation of reasons for divorce in Islamic marriage law in Indonesia based on the value of justice consists of a value reconstruction where improvements are made to Article 19 letter (f) of Government Regulation Number 9 of 1975 concerning the Implementation of Law No. 1 of 1974 concerning Marriage and Article 116 letter (f) of the Compilation of Islamic Law so that continuous disputes as a reason for divorce can be in line with the objectives of Islamic sharia (maqashid syari'ah) being implemented. Reconstructing norms regarding Article 19 letter (f) Government Regulation Number 9 of 1975 concerning Implementation of Law No. 1 of 1974 concerning Marriage and Article 116 letter (f) Compilation of Islamic Law and Point C of Supreme Court Circular Letter Number 3 of 2023 by adding norms for divorce cases based on continuous disputes and quarrels can be granted if it is proven that the husband and wife have continuous disputes and quarrels which results in damage to religion, soul, reason, lineage and property which causes disharmony in the household.","PeriodicalId":499336,"journal":{"name":"Scholars international journal of law, crime and justice","volume":"116 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141001837","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}
Confessional statements are important ingredience in criminal justice in Nigeria. A confession is an acknowledgment made by a person charged with a crime at any moment, admitting or implying that he committed that crime. Confessions are covered by sections 27 to 32 of the Evidence Act 1990 in Nigeria as well as section 28 to 31 of the Evidence Act of 2011. The specific goals are a critically examination of the circumstances under which confessional statements are admissible, to determine the effect of retracted confessional statements in criminal trials in Nigeria, as well as the circumstances under which confessional statements may be vitiated and to apply the findings in decided cases. To attain these goals, normative or doctrinal research is considered appreciate. This study found that where an inducement, threat, or promise was issued, any subsequent confessional statement obtained would be inadmissible. This study also reveal that a confession does not become inadmissible simply because the accused denies having made it; rather, the court must satisfy itself that the accused made the statement of his own free will and choice and without duress.
{"title":"An Appraisal of the Admissibility of Confessional Statement in a Trial Court in Nigeria","authors":"Emokpae Emokpae, Lugard Amadin, Abdulsalami Abdulsalami, Lucky Tijani","doi":"10.36348/sijlcj.2024.v07i04.003","DOIUrl":"https://doi.org/10.36348/sijlcj.2024.v07i04.003","url":null,"abstract":"Confessional statements are important ingredience in criminal justice in Nigeria. A confession is an acknowledgment made by a person charged with a crime at any moment, admitting or implying that he committed that crime. Confessions are covered by sections 27 to 32 of the Evidence Act 1990 in Nigeria as well as section 28 to 31 of the Evidence Act of 2011. The specific goals are a critically examination of the circumstances under which confessional statements are admissible, to determine the effect of retracted confessional statements in criminal trials in Nigeria, as well as the circumstances under which confessional statements may be vitiated and to apply the findings in decided cases. To attain these goals, normative or doctrinal research is considered appreciate. This study found that where an inducement, threat, or promise was issued, any subsequent confessional statement obtained would be inadmissible. This study also reveal that a confession does not become inadmissible simply because the accused denies having made it; rather, the court must satisfy itself that the accused made the statement of his own free will and choice and without duress.","PeriodicalId":499336,"journal":{"name":"Scholars international journal of law, crime and justice","volume":"135 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140723079","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}
Context: The returnees from Congo Brazaville were received by the town hall of Kinshasa which brought them to Maluku. From there, those with closer family members went home, but the others and their children settled around the Cardinal Malula stadium for lack of accommodation. Purpose: This study is carried out with the aim of analyzing the socio-sanitary situation of people expelled from Brazzaville based around the municipality of Kinshasa. Methods: A descriptive cross-sectional survey made it possible, by interview and direct observation with the support of an interview guide, to collect information from 321 Congolese from the DRC expelled from the Republic of Congo, living in the commune of Kinshasa. This information was statistically analyzed using SPSS version 21 software. Results: It emerges from the descriptive analysis that the majority of respondents, ie 68.2%, were housed in tents. 84.4% experienced both physical and moral violence. 62.6% had an altered physical state. The most frequent problems include: lack of access to health care (100%); insalubrity (80.9%); malaria associated with other pathologies (80.8%) or alone and lack of access to drinking water (74.7%). From the inferential analysis, it emerges that the factors associated with the state of health of the repressed were: poor bowel management resulting in the use of stage [RR = 3.4 (1.70-6.69); p ˂ 0.000] or open air [RR = 2.93 (1.38 – 6.23); p ˂ 0.005] instead of a latrine; violence [RR = 2.91 (2.07 – 4.08); caring for at least 5 children [RR = 1.71 (1.21–2.41); p ˂ 0.002] as well as divorce [RR = 1.49 (1.16 – 1.92); p ˂ 0.002]. Conclusion: The socio-sanitary situation of those expelled from Brazzaville was not favourable. The direct involvement of the political and health authorities of the DRC with the support of national or international organizations would allow the proper management of humanitarian crises in the country.
背景：金沙萨市政厅接待了从刚果（布）返回的人员，并将他们带到了马鲁古。在那里，与家人关系较近的人回家了，但其他人和他们的孩子因没有住处而在 Cardinal Malula 体育馆附近安顿下来。目的：开展这项研究的目的是分析金沙萨市周围被从布拉柴维尔驱逐出来的人的社会卫生状况。研究方法在访谈指南的支持下，通过访谈和直接观察，对居住在金沙萨市的 321 名被刚果共和国驱逐出境的刚果人进行了描述性横断面调查。这些信息使用 SPSS 21 版软件进行了统计分析。结果从描述性分析中可以看出，大多数受访者（68.2%）住在帐篷里。84.4%的受访者经历过身体和精神暴力。62.6% 的受访者身体状况有所改变。最常见的问题包括：无法获得医疗服务（100%）；食不果腹（80.9%）；疟疾伴有其他病症（80.8%）或单独存在，以及无法获得饮用水（74.7%）。从推理分析中可以看出，与被压迫者健康状况相关的因素有：肠道管理不善，导致使用驿站[RR = 3.4 (1.70-6.69); p ˂0.000]或露天[RR = 2.93 (1.38-6.69); p ˂0.000]。93 (1.38 - 6.23); p ˂ 0.005]；暴力[RR = 2.91 (2.07 - 4.08)；照顾至少 5 个孩子[RR = 1.71 (1.21 - 2.41); p ˂ 0.002]以及离婚[RR = 1.49 (1.16 - 1.92); p ˂ 0.002]。结论被驱逐出布拉柴维尔的人的社会卫生状况不容乐观。在国家或国际组织的支持下，刚果（金）政治和卫生当局的直接参与将有助于妥善处理该国的人道主义危机。
{"title":"Analysis of the Socio-Health Situation of People in Humanitarian Crisis ″Case of Repressed from Congo-Brazzaville″","authors":"Yves Mokili Sambwa Ndonga, Franck Kabambi, AiméMunanga Kabasele, Dieu-Merci Kasau Kasau, Pascal Atuba Mamenepi, Erick Panzi Kalunda, Augustin Tshitadi Makangu","doi":"10.36348/sijlcj.2024.v07i04.001","DOIUrl":"https://doi.org/10.36348/sijlcj.2024.v07i04.001","url":null,"abstract":"Context: The returnees from Congo Brazaville were received by the town hall of Kinshasa which brought them to Maluku. From there, those with closer family members went home, but the others and their children settled around the Cardinal Malula stadium for lack of accommodation. Purpose: This study is carried out with the aim of analyzing the socio-sanitary situation of people expelled from Brazzaville based around the municipality of Kinshasa. Methods: A descriptive cross-sectional survey made it possible, by interview and direct observation with the support of an interview guide, to collect information from 321 Congolese from the DRC expelled from the Republic of Congo, living in the commune of Kinshasa. This information was statistically analyzed using SPSS version 21 software. Results: It emerges from the descriptive analysis that the majority of respondents, ie 68.2%, were housed in tents. 84.4% experienced both physical and moral violence. 62.6% had an altered physical state. The most frequent problems include: lack of access to health care (100%); insalubrity (80.9%); malaria associated with other pathologies (80.8%) or alone and lack of access to drinking water (74.7%). From the inferential analysis, it emerges that the factors associated with the state of health of the repressed were: poor bowel management resulting in the use of stage [RR = 3.4 (1.70-6.69); p ˂ 0.000] or open air [RR = 2.93 (1.38 – 6.23); p ˂ 0.005] instead of a latrine; violence [RR = 2.91 (2.07 – 4.08); caring for at least 5 children [RR = 1.71 (1.21–2.41); p ˂ 0.002] as well as divorce [RR = 1.49 (1.16 – 1.92); p ˂ 0.002]. Conclusion: The socio-sanitary situation of those expelled from Brazzaville was not favourable. The direct involvement of the political and health authorities of the DRC with the support of national or international organizations would allow the proper management of humanitarian crises in the country.","PeriodicalId":499336,"journal":{"name":"Scholars international journal of law, crime and justice","volume":"441 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140790949","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}
Pub Date : 2024-04-01DOI: 10.36348/sijlcj.2024.v07i04.002
Tasiki Desvarieux Ntobengwia, Kwenkam Patrick Kwenkam
The rapid drop in the standard of Fair Labour Practices in the private sector of Cameroon is so disturbing. Generally, the recognition of the basic right of each citizen such as the right to work and the security of employment is of paramount importance to a worker because work brings wages by which workers and their families depend on, works gives dignity and meaning to the life of a worker and make the world economy run accordingly. That is why the Cameroonian labour legislator has made much effort in addressing the situation of workers who have been unlawfully dismissed from work by malicious employers or workers whose basic rights to work and security of employment may be threatened. The aim of this study therefore, is to ascertain the regulatory Constraints to labour malpractices in Cameroon. These Labour malpractices mostly committed by profit conscious employers of Labour in Cameroon are characterized amongst others by; the imposition of standard form contracts on their workers, discrimination in the private sector employment, subjecting workers under unsafe working environment and deplorable conditions of work, wrongful discharge of employment, the practice of divide and conquer style of management, gross violations of workers fundamental human rights, arbitrary variation of substantial terms of employment contracts, the questionable practices of labour inspectors, unreasonable restraint clauses in the private sector employment contracts, non-respect of government-mandated minimum guarantee wage, non-conformity of internal rules and regulations to national standard, wrongful suspension of contract of employment etc. These deviant dispositions of employers of Labour, although contrary to deontology, are so embedded in the Cameroonian Labour market causing private sector workers to remain at the same level from January to December every year of their life. In a bid to attain the overall purpose of this study, this research adopts the qualitative research methodology which involve an in-depth content analysis of both primary and secondary data. Findings, therefore, reveal that despite the regulatory, institutional and policy framework put in place to protect private sector employees against any form of labour malpractices, private sector employees are not adequately protected because of gaps in the labour legislation, conflicting interests, economic impact, low Scholarisation of workers, political impact, ineffective implementation of prevailing regulations, the introduction of powerless staff representatives, laxity on the part of some Labour Inspectors to ensure the respect of labour legislation etc constitutes the basis for the multiplication of gross violation of employment rights in the private sector within the country. This research conclude theoretically that the Cameroon Labour Legislation to an extent, guarantees the protection of private sector employees but practically it effective implementation and enforcement leaves much to be
{"title":"Some Reflections on the Regulatory Constraints to Labour Malpractices in Cameroon","authors":"Tasiki Desvarieux Ntobengwia, Kwenkam Patrick Kwenkam","doi":"10.36348/sijlcj.2024.v07i04.002","DOIUrl":"https://doi.org/10.36348/sijlcj.2024.v07i04.002","url":null,"abstract":"The rapid drop in the standard of Fair Labour Practices in the private sector of Cameroon is so disturbing. Generally, the recognition of the basic right of each citizen such as the right to work and the security of employment is of paramount importance to a worker because work brings wages by which workers and their families depend on, works gives dignity and meaning to the life of a worker and make the world economy run accordingly. That is why the Cameroonian labour legislator has made much effort in addressing the situation of workers who have been unlawfully dismissed from work by malicious employers or workers whose basic rights to work and security of employment may be threatened. The aim of this study therefore, is to ascertain the regulatory Constraints to labour malpractices in Cameroon. These Labour malpractices mostly committed by profit conscious employers of Labour in Cameroon are characterized amongst others by; the imposition of standard form contracts on their workers, discrimination in the private sector employment, subjecting workers under unsafe working environment and deplorable conditions of work, wrongful discharge of employment, the practice of divide and conquer style of management, gross violations of workers fundamental human rights, arbitrary variation of substantial terms of employment contracts, the questionable practices of labour inspectors, unreasonable restraint clauses in the private sector employment contracts, non-respect of government-mandated minimum guarantee wage, non-conformity of internal rules and regulations to national standard, wrongful suspension of contract of employment etc. These deviant dispositions of employers of Labour, although contrary to deontology, are so embedded in the Cameroonian Labour market causing private sector workers to remain at the same level from January to December every year of their life. In a bid to attain the overall purpose of this study, this research adopts the qualitative research methodology which involve an in-depth content analysis of both primary and secondary data. Findings, therefore, reveal that despite the regulatory, institutional and policy framework put in place to protect private sector employees against any form of labour malpractices, private sector employees are not adequately protected because of gaps in the labour legislation, conflicting interests, economic impact, low Scholarisation of workers, political impact, ineffective implementation of prevailing regulations, the introduction of powerless staff representatives, laxity on the part of some Labour Inspectors to ensure the respect of labour legislation etc constitutes the basis for the multiplication of gross violation of employment rights in the private sector within the country. This research conclude theoretically that the Cameroon Labour Legislation to an extent, guarantees the protection of private sector employees but practically it effective implementation and enforcement leaves much to be","PeriodicalId":499336,"journal":{"name":"Scholars international journal of law, crime and justice","volume":"46 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140766923","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}
Pub Date : 2024-03-24DOI: 10.36348/sijlcj.2024.v07i03.002
Olaniyi Felix Olayinka, Hilary Nwaechefu, Anthony Adebiyi Adepoju
Communities in Africa in the pre-colonial days lived with one another in a just and equitable manner, in love, on the principles of ubuntu. The way of life was further sustained by the communities’ perception and equation of the land with humanity, where everyone had equal access to the land as factor of production. The communal system which assured of equal treatment of everyone suffered a set-back, through centuries of slave trading and the colonization and the eventual imposition of western laws on indigenous peoples of Africa, these transformed the indigenous communities from their classlessness into stratified un-equal societies of those who have and those who do not have. Corruption evolves as a result of private property ownership and this further compounds in-equality, such that communal properties are unfairly taken over by few individuals, under non-transparent privatisation of public utilities. Access to factors of production and to justice in the post-colonial Africa is a myth on account of technicality and cost. The prospect of sustaining the pre-colonial equitable access to factors of production and to justice through oral tradition suffers a setback on account of the loss of cultural archives like the African traditional religion and the indigenous languages.
{"title":"The Concept of Equality under the Indigenous and Western Legal Systems: Issues and Challenges on Sustainable Development of Africa","authors":"Olaniyi Felix Olayinka, Hilary Nwaechefu, Anthony Adebiyi Adepoju","doi":"10.36348/sijlcj.2024.v07i03.002","DOIUrl":"https://doi.org/10.36348/sijlcj.2024.v07i03.002","url":null,"abstract":"Communities in Africa in the pre-colonial days lived with one another in a just and equitable manner, in love, on the principles of ubuntu. The way of life was further sustained by the communities’ perception and equation of the land with humanity, where everyone had equal access to the land as factor of production. The communal system which assured of equal treatment of everyone suffered a set-back, through centuries of slave trading and the colonization and the eventual imposition of western laws on indigenous peoples of Africa, these transformed the indigenous communities from their classlessness into stratified un-equal societies of those who have and those who do not have. Corruption evolves as a result of private property ownership and this further compounds in-equality, such that communal properties are unfairly taken over by few individuals, under non-transparent privatisation of public utilities. Access to factors of production and to justice in the post-colonial Africa is a myth on account of technicality and cost. The prospect of sustaining the pre-colonial equitable access to factors of production and to justice through oral tradition suffers a setback on account of the loss of cultural archives like the African traditional religion and the indigenous languages.","PeriodicalId":499336,"journal":{"name":"Scholars international journal of law, crime and justice","volume":" 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140385365","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}
Pub Date : 2024-02-29DOI: 10.36348/sijlcj.2024.v07i02.005
A. W. Setiawan, M. Fakih, Ahmad Irzal Fardiansyah, HS. Tisnanta
The management of State Property originating from State-Confiscated Goods and Gratification Goods normally differentiates the position and criteria of Execution Confiscated Goods originating from State-Confiscated Goods from Execution Confiscated Goods which are assets or belongings of the convict or the convict's family, assets related to the convict, including related corporations convicts, which are confiscated by the Executing Attorney or Asset Recovery Attorney to be sold or auctioned in order to implement the fine decision. This becomes a problem for the executing prosecutor in implementing the Judge's Decision which has permanent legal force to carry out the execution of the Additional Replacement Money Crime in article 18 paragraph 2 of the Non-Corruption Crime Law. This research focuses on the problems of implementing and reformulating Article 18 paragraph 2 of Law No. 31 of 1999 concerning Corruption Crimes in an effort to recover state losses. The normative juridical research method in this research is carried out by analyzing theories, concepts, legislation and court decisions which have a correlation with asset execution problems. Methodologically, the constructivism paradigm applies the hermeneutic method in the process of reaching the truth. The results of this research are: The principle of asset execution as a criminal implementation of additional compensation money in settling state losses is the confiscation of assets resulting from crime which is actually rooted in a very fundamental principle of justice, where a crime should not provide benefits for the perpetrator (crime should not pay). This means that a person must not profit from the illegal activities he carries out. In rem confiscation is an action by the state to take over assets through a court decision in a civil case based on stronger evidence that the assets are suspected to have originated from a criminal act or were used for a criminal act. Confiscation of assets in personam, which is an action directed at an individual person, therefore requires proof of the defendant's guilt first before seizing assets from the defendant. Assets confiscated from court executions under Article 18 paragraph (2) of the Corruption Crime Law cannot yet be made into state property, because it is not concretely stated that the confiscated goods are state confiscated goods.
{"title":"Problematics of Execution of Assets of Convictions in Efforts Recovery of State Losses","authors":"A. W. Setiawan, M. Fakih, Ahmad Irzal Fardiansyah, HS. Tisnanta","doi":"10.36348/sijlcj.2024.v07i02.005","DOIUrl":"https://doi.org/10.36348/sijlcj.2024.v07i02.005","url":null,"abstract":"The management of State Property originating from State-Confiscated Goods and Gratification Goods normally differentiates the position and criteria of Execution Confiscated Goods originating from State-Confiscated Goods from Execution Confiscated Goods which are assets or belongings of the convict or the convict's family, assets related to the convict, including related corporations convicts, which are confiscated by the Executing Attorney or Asset Recovery Attorney to be sold or auctioned in order to implement the fine decision. This becomes a problem for the executing prosecutor in implementing the Judge's Decision which has permanent legal force to carry out the execution of the Additional Replacement Money Crime in article 18 paragraph 2 of the Non-Corruption Crime Law. This research focuses on the problems of implementing and reformulating Article 18 paragraph 2 of Law No. 31 of 1999 concerning Corruption Crimes in an effort to recover state losses. The normative juridical research method in this research is carried out by analyzing theories, concepts, legislation and court decisions which have a correlation with asset execution problems. Methodologically, the constructivism paradigm applies the hermeneutic method in the process of reaching the truth. The results of this research are: The principle of asset execution as a criminal implementation of additional compensation money in settling state losses is the confiscation of assets resulting from crime which is actually rooted in a very fundamental principle of justice, where a crime should not provide benefits for the perpetrator (crime should not pay). This means that a person must not profit from the illegal activities he carries out. In rem confiscation is an action by the state to take over assets through a court decision in a civil case based on stronger evidence that the assets are suspected to have originated from a criminal act or were used for a criminal act. Confiscation of assets in personam, which is an action directed at an individual person, therefore requires proof of the defendant's guilt first before seizing assets from the defendant. Assets confiscated from court executions under Article 18 paragraph (2) of the Corruption Crime Law cannot yet be made into state property, because it is not concretely stated that the confiscated goods are state confiscated goods.","PeriodicalId":499336,"journal":{"name":"Scholars international journal of law, crime and justice","volume":"10 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140410450","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}
Pub Date : 2024-02-28DOI: 10.36348/sijlcj.2024.v07i02.004
Mohammad Shafiqul Islam, Faisal Reza, Kaium Siddik Anando
Money laundering is the technique used to make significant sums of money earned illegally through drug trafficking, terrorism, or other major crimes that appear to have come from legitimate sources. Money laundering has a negative influence on the nation's economic and political stability, hence it must be strictly prohibited. As one of the most significant components of the financial system, it serves as the backbone of the money market and plays a vital role in raising funds for beneficial investments that advance economic growth in a nation. An effective and stable financial system is a requirement for the nation's overall growth.
{"title":"Concepts of Money Laundering Resulting Destroy the Structure of Financial Policy","authors":"Mohammad Shafiqul Islam, Faisal Reza, Kaium Siddik Anando","doi":"10.36348/sijlcj.2024.v07i02.004","DOIUrl":"https://doi.org/10.36348/sijlcj.2024.v07i02.004","url":null,"abstract":"Money laundering is the technique used to make significant sums of money earned illegally through drug trafficking, terrorism, or other major crimes that appear to have come from legitimate sources. Money laundering has a negative influence on the nation's economic and political stability, hence it must be strictly prohibited. As one of the most significant components of the financial system, it serves as the backbone of the money market and plays a vital role in raising funds for beneficial investments that advance economic growth in a nation. An effective and stable financial system is a requirement for the nation's overall growth.","PeriodicalId":499336,"journal":{"name":"Scholars international journal of law, crime and justice","volume":"154 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140417803","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}
Pub Date : 2024-02-27DOI: 10.36348/sijlcj.2024.v07i02.003
Anayochukwu Precious Paschal Mbagwu
Nigeria is endowed with landscapes and vibrant culture which promise immense tourism potential, yet legal hurdles and inadequate infrastructure hold the sector back. This paper argues that a multi-layered legal framework, tailored to Nigerian realities, can unlock sustainable growth. It explores how strategic legal interventions can attract foreign investment, safeguard consumer rights, empower vulnerable groups like tourists with disabilities, and foster community engagement. Technological solutions for visitor management and cultural preservation will also be discussed. By promoting responsible eco-tourism and revitalizing neglected heritage sites, Nigeria can harness its tourism potential, empowering both individual stakeholders and the nation as a whole. This research paper relies on the doctrinal method, using data collected from primary and secondary sources. The primary sources consulted are statutes and case law, while the secondary data are mainly books, journals, periodicals, and web-based materials.
{"title":"Law as a Catalyst for Reinventing and Reimagining the future of Tourism in Nigeria","authors":"Anayochukwu Precious Paschal Mbagwu","doi":"10.36348/sijlcj.2024.v07i02.003","DOIUrl":"https://doi.org/10.36348/sijlcj.2024.v07i02.003","url":null,"abstract":"Nigeria is endowed with landscapes and vibrant culture which promise immense tourism potential, yet legal hurdles and inadequate infrastructure hold the sector back. This paper argues that a multi-layered legal framework, tailored to Nigerian realities, can unlock sustainable growth. It explores how strategic legal interventions can attract foreign investment, safeguard consumer rights, empower vulnerable groups like tourists with disabilities, and foster community engagement. Technological solutions for visitor management and cultural preservation will also be discussed. By promoting responsible eco-tourism and revitalizing neglected heritage sites, Nigeria can harness its tourism potential, empowering both individual stakeholders and the nation as a whole. This research paper relies on the doctrinal method, using data collected from primary and secondary sources. The primary sources consulted are statutes and case law, while the secondary data are mainly books, journals, periodicals, and web-based materials.","PeriodicalId":499336,"journal":{"name":"Scholars international journal of law, crime and justice","volume":"11 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140425881","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}
Pub Date : 2024-02-27DOI: 10.36348/sijlcj.2024.v07i02.002
Harendra Nath Singh, Papri Biswas
In almost every criminal investigation, it is necessary to establish whether a particular person or persons may or may have not been present at the scene of a crime. In this regard, the application of forensic science plays a vital role in the criminal investigation to establish the identity of the offender. Like a fingerprint, the footprint of every person is unique and can be used to identify a person. It can help to link the suspect to a crime scene and the victim. Every individual's print contains friction ridges and other individual characteristics that are unique to that person. The present study aims to identify, analyze, and illustrate the individual characteristics of footprints of the tribal population in Jhargram District, West Bengal, India from a forensic perspective in a sample of 120 adult tribal people participants consisting of 60 males and 60 females. These tribal people live in deep forest areas and most of the people walk barefoot day by day. The footprints were collected using a footprint ink slab and white paper. Various identification characteristics feature were identified and recorded during analyses of the collected footprint from different parts of the foot, like, the number of toes, number of humps, phalanges marks, corn, pits, cracks, Crease marks, etc.
{"title":"Distinctive Features of Footprints of Eastern Indian Tribes — Forensic Aspects","authors":"Harendra Nath Singh, Papri Biswas","doi":"10.36348/sijlcj.2024.v07i02.002","DOIUrl":"https://doi.org/10.36348/sijlcj.2024.v07i02.002","url":null,"abstract":"In almost every criminal investigation, it is necessary to establish whether a particular person or persons may or may have not been present at the scene of a crime. In this regard, the application of forensic science plays a vital role in the criminal investigation to establish the identity of the offender. Like a fingerprint, the footprint of every person is unique and can be used to identify a person. It can help to link the suspect to a crime scene and the victim. Every individual's print contains friction ridges and other individual characteristics that are unique to that person. The present study aims to identify, analyze, and illustrate the individual characteristics of footprints of the tribal population in Jhargram District, West Bengal, India from a forensic perspective in a sample of 120 adult tribal people participants consisting of 60 males and 60 females. These tribal people live in deep forest areas and most of the people walk barefoot day by day. The footprints were collected using a footprint ink slab and white paper. Various identification characteristics feature were identified and recorded during analyses of the collected footprint from different parts of the foot, like, the number of toes, number of humps, phalanges marks, corn, pits, cracks, Crease marks, etc.","PeriodicalId":499336,"journal":{"name":"Scholars international journal of law, crime and justice","volume":"3 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140427029","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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