Pub Date : 2023-10-14DOI: 10.36348/sijlcj.2023.v06i10.004
Krisnat Indratno, Sri Endah Wahyuningsih, Bambang Tri Bawono
The research aims to analyze and discover the weaknesses in regulations on criminal sanctions against perpetrators of criminal acts of corruption at this time, and the reconstruction of regulations on criminal sanctions against perpetrators of criminal acts of corruption based on the value of justice using a constructivism paradigm, through direct interviews with informants empirically supported with studies literature through theoretical steps. The research results show that the act of abuse of authority is a form or manifestation of an unlawful act regulated in Article 3 of Law Number 31 of 1999 jo. Law Number 20 of 2001. From the principles of legislative regulation, one of the reasons for the difference in criminal threats in Article 2 and Article 3 of Law Number 31 of 1999 Jo. Law Number 20 of 2001 is the principle of lex specialis derogat lex generalis (specific laws exclude general laws). The difference in the threat of minimum and maximum sentences in Article 2 and Article 3 of the Corruption Crime Law results in Judges imposing different sentences for the same case. Reconstruction of criminal sanctions against perpetrators of criminal acts of corruption based on the value of justice in Article 3 of the Corruption Eradication Law, namely: Every person who, with the aim of benefiting himself or another person or a corporation, abuses the authority, opportunity or means available to him because position or position that could harm state finances or the state economy, shall be punished with life imprisonment or imprisonment for a minimum of 5 (five) years and a maximum of 20 (twenty) years and/or a fine of at least Rp. 50,000,000,- (fifty million rupiah) and a maximum of Rp. 1,000,000,000,- (one billion rupiah).
{"title":"Legal Reconstruction of Special Criminal Sanctions against Corruption Based on Justice Values","authors":"Krisnat Indratno, Sri Endah Wahyuningsih, Bambang Tri Bawono","doi":"10.36348/sijlcj.2023.v06i10.004","DOIUrl":"https://doi.org/10.36348/sijlcj.2023.v06i10.004","url":null,"abstract":"The research aims to analyze and discover the weaknesses in regulations on criminal sanctions against perpetrators of criminal acts of corruption at this time, and the reconstruction of regulations on criminal sanctions against perpetrators of criminal acts of corruption based on the value of justice using a constructivism paradigm, through direct interviews with informants empirically supported with studies literature through theoretical steps. The research results show that the act of abuse of authority is a form or manifestation of an unlawful act regulated in Article 3 of Law Number 31 of 1999 jo. Law Number 20 of 2001. From the principles of legislative regulation, one of the reasons for the difference in criminal threats in Article 2 and Article 3 of Law Number 31 of 1999 Jo. Law Number 20 of 2001 is the principle of lex specialis derogat lex generalis (specific laws exclude general laws). The difference in the threat of minimum and maximum sentences in Article 2 and Article 3 of the Corruption Crime Law results in Judges imposing different sentences for the same case. Reconstruction of criminal sanctions against perpetrators of criminal acts of corruption based on the value of justice in Article 3 of the Corruption Eradication Law, namely: Every person who, with the aim of benefiting himself or another person or a corporation, abuses the authority, opportunity or means available to him because position or position that could harm state finances or the state economy, shall be punished with life imprisonment or imprisonment for a minimum of 5 (five) years and a maximum of 20 (twenty) years and/or a fine of at least Rp. 50,000,000,- (fifty million rupiah) and a maximum of Rp. 1,000,000,000,- (one billion rupiah).","PeriodicalId":499336,"journal":{"name":"Scholars international journal of law, crime and justice","volume":"130 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135803661","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}
Police checkpoints have come to be associated with extortion in Imo State, and motorists frequently become victims of a well-established pattern of unethical behavior. This work, ‘Security Check Points and Police Extortion: A Study of Transport Corridors in Imo State, Nigeria’, sought to investigate and understand the nature and pattern of such extortion, its significant effects on drivers, and society at large. The objective of the study is to comprehend the dynamics of this widespread problem and shed light on its deep-seated roots and wide-ranging effects. Data was primarily gathered, methodically coded, and analysed using an interpretivist philosophy and qualitative methods to help the study delve deeply into the various tactics used by the police to extort money from motorists, such as arbitrary searches, illegal fines, and intimidation tactics. Adopting Strain Anomie Theory, the study analysed the methods used at these checkpoints. The effects of this extortion scheme go beyond just the financial losses for drivers. But there is a deterioration of public confidence among the police organisation and personnel. Considering a multifaceted approach to dealing with this issue The study recommends that the police force urgently needs fundamental reforms, covering greater training, stricter supervision procedures, and increased accountability standards. Imo State can aim to eliminate this harmful behaviour and restore faith in the police institution through a concerted effort involving other law enforcement agencies, civic society, and the general public, ultimately building a safer and more just society for all.
{"title":"Security Check Points and Police Extortion: A Study of Road Transport Corridors in Imo State, Nigeria","authors":"Otodo Ifeanyichukwu, Aliyu Mustapha, Ulo Edafe, Hussaini Adamu Hussaini","doi":"10.36348/sijlcj.2023.v06i10.002","DOIUrl":"https://doi.org/10.36348/sijlcj.2023.v06i10.002","url":null,"abstract":"Police checkpoints have come to be associated with extortion in Imo State, and motorists frequently become victims of a well-established pattern of unethical behavior. This work, ‘Security Check Points and Police Extortion: A Study of Transport Corridors in Imo State, Nigeria’, sought to investigate and understand the nature and pattern of such extortion, its significant effects on drivers, and society at large. The objective of the study is to comprehend the dynamics of this widespread problem and shed light on its deep-seated roots and wide-ranging effects. Data was primarily gathered, methodically coded, and analysed using an interpretivist philosophy and qualitative methods to help the study delve deeply into the various tactics used by the police to extort money from motorists, such as arbitrary searches, illegal fines, and intimidation tactics. Adopting Strain Anomie Theory, the study analysed the methods used at these checkpoints. The effects of this extortion scheme go beyond just the financial losses for drivers. But there is a deterioration of public confidence among the police organisation and personnel. Considering a multifaceted approach to dealing with this issue The study recommends that the police force urgently needs fundamental reforms, covering greater training, stricter supervision procedures, and increased accountability standards. Imo State can aim to eliminate this harmful behaviour and restore faith in the police institution through a concerted effort involving other law enforcement agencies, civic society, and the general public, ultimately building a safer and more just society for all.","PeriodicalId":499336,"journal":{"name":"Scholars international journal of law, crime and justice","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135146166","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}
Artificial Intelligence (AI) is already here, and is speedily transforming industries. This paper examines the impact of AI on the socio-political rights of the people globally, particularly in the area of job loss. Automation is not a new concept. It can be traced to the introduction of machines into industries back in the Second and Third Industrial Revolutions. However, the automation introduced by artificial intelligence is of a higher level. Artificial Intelligence is taking risks for humans in the manufacturing industry, mining industry, and even in the Military. It is versatile, that is, it is capable of being used in every sector of the world, and with the rate of technological unemployment, (caused by automation), the significance of Artificial Intelligence has become subject to controversy. This research adopts a desk based doctrinal research methodology to examine the issue of socio-economic human rights in era of automation. This research discovers that AI will create jobs, but an analysis of research studies on job loss due to automation reveals the large margin between jobs created by AI and jobs lost due to AI, thus posing threats to socio-economic human rights. It also discovers that the jobs created by AI require only persons with technical skills and knowledge for employment in the nearest future. AI will cause deskilling and falling wages. This research work recommends that legislations must be put in place to ensure that the use of AI technologies are controlled in order to give the government enough time to balance the inequality created by AI technologies. Technical skills acquisition and robot tax can be adopted by nations to enable them cope with the speed of AI.
{"title":"An Evaluation of the Impact of Artificial Intelligence on Socio-Economic Human Rights: A Discourse on Automation and Job Loss","authors":"Nmesoma Nnamdi, Babafemi Zacchaeus Ogunlade, Babalola Abegunde","doi":"10.36348/sijlcj.2023.v06i10.001","DOIUrl":"https://doi.org/10.36348/sijlcj.2023.v06i10.001","url":null,"abstract":"Artificial Intelligence (AI) is already here, and is speedily transforming industries. This paper examines the impact of AI on the socio-political rights of the people globally, particularly in the area of job loss. Automation is not a new concept. It can be traced to the introduction of machines into industries back in the Second and Third Industrial Revolutions. However, the automation introduced by artificial intelligence is of a higher level. Artificial Intelligence is taking risks for humans in the manufacturing industry, mining industry, and even in the Military. It is versatile, that is, it is capable of being used in every sector of the world, and with the rate of technological unemployment, (caused by automation), the significance of Artificial Intelligence has become subject to controversy. This research adopts a desk based doctrinal research methodology to examine the issue of socio-economic human rights in era of automation. This research discovers that AI will create jobs, but an analysis of research studies on job loss due to automation reveals the large margin between jobs created by AI and jobs lost due to AI, thus posing threats to socio-economic human rights. It also discovers that the jobs created by AI require only persons with technical skills and knowledge for employment in the nearest future. AI will cause deskilling and falling wages. This research work recommends that legislations must be put in place to ensure that the use of AI technologies are controlled in order to give the government enough time to balance the inequality created by AI technologies. Technical skills acquisition and robot tax can be adopted by nations to enable them cope with the speed of AI.","PeriodicalId":499336,"journal":{"name":"Scholars international journal of law, crime and justice","volume":"11 24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135546028","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 : 2023-09-30DOI: 10.36348/sijlcj.2023.v06i09.007
Vincent Chukwukadibia Onwughalu
This paper is a discourse on how the works and lifestyles of Nigerian celebrities act as drivers of crimes amongst the country’s youth and young people. It shows the trends of crime in the country before and in the era of the new media, bringing to the fore emerging dimensions that are rarely reported explicitly in extant literature. Data for the study were obtained through secondary sources and analyzed through content analysis based on Bibb Latané’s (1981) social impact theory. The findings suggest that: (i) while leadership examples and weak institutions are at the roots of crimes in the country, (ii) the messages (directly and impliedly) communicated in the works of celebrities and their lifestyles act as the drivers amongst the youth and young people, (iii) the failure of relevant institutions to regulate the lifestyles of celebrities and their works promotes the tendency to get rich quick and by all means amongst the youth and young people. It recommends the regulation of the works and lifestyles of Nigerian celebrities by relevant institutions.
{"title":"The Works and Lifestyles of Nigerian Celebrities as Drivers of Crimes amongst the Youth and Young People","authors":"Vincent Chukwukadibia Onwughalu","doi":"10.36348/sijlcj.2023.v06i09.007","DOIUrl":"https://doi.org/10.36348/sijlcj.2023.v06i09.007","url":null,"abstract":"This paper is a discourse on how the works and lifestyles of Nigerian celebrities act as drivers of crimes amongst the country’s youth and young people. It shows the trends of crime in the country before and in the era of the new media, bringing to the fore emerging dimensions that are rarely reported explicitly in extant literature. Data for the study were obtained through secondary sources and analyzed through content analysis based on Bibb Latané’s (1981) social impact theory. The findings suggest that: (i) while leadership examples and weak institutions are at the roots of crimes in the country, (ii) the messages (directly and impliedly) communicated in the works of celebrities and their lifestyles act as the drivers amongst the youth and young people, (iii) the failure of relevant institutions to regulate the lifestyles of celebrities and their works promotes the tendency to get rich quick and by all means amongst the youth and young people. It recommends the regulation of the works and lifestyles of Nigerian celebrities by relevant institutions.","PeriodicalId":499336,"journal":{"name":"Scholars international journal of law, crime and justice","volume":"2014 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135032425","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 aim of this research is to analyze and reconstruct the regulations on the role of Notaries in making will deeds without appointing an heir of the will in the midst of a pluralistic inheritance system in Indonesia using a constructivism paradigm, through direct interviews with informants empirically supported with studies literature through theoretical steps. Research Result shows that the weakness started from the kinship system in marriage in Indonesia which is the parental or bilateral kinship system where a child legally inherits from his father's and mother's lineage, the matrilineal system where a child legally inherits from his mother's lineage only, the kinship system patrilineal where a child legally inherits from his father's lineage only. This causes some residents to adhere to other laws such as Islamic inheritance law, and to some, the various customary law. Therefore It is not uncommon for there to be contradictions in inheritance law, especially between inheritance through a will and the inheritance system adopted by the heir. Therefore the legal reconstruction due to the pluralism of inheritance law in Indonesia is in the form where the procedures for making wills for each population group must be added to article 16 number (1) letters i and j of the Notary Position Law. based on the value of justice for both heirs, notaries, and parties related to wills, this should be done through harmonization of the legal system between population groups in Indonesia so as to provide beneficial values for heirs, heirs, and society in general.
{"title":"Legal Reconstruction of Notary Role in the Making of a will without Heir Appointment Based on Justice Value","authors":"Gunarto Gunarto, Diah Trimurti Saleh, Anis Mashdurohatun","doi":"10.36348/sijlcj.2023.v06i09.005","DOIUrl":"https://doi.org/10.36348/sijlcj.2023.v06i09.005","url":null,"abstract":"The aim of this research is to analyze and reconstruct the regulations on the role of Notaries in making will deeds without appointing an heir of the will in the midst of a pluralistic inheritance system in Indonesia using a constructivism paradigm, through direct interviews with informants empirically supported with studies literature through theoretical steps. Research Result shows that the weakness started from the kinship system in marriage in Indonesia which is the parental or bilateral kinship system where a child legally inherits from his father's and mother's lineage, the matrilineal system where a child legally inherits from his mother's lineage only, the kinship system patrilineal where a child legally inherits from his father's lineage only. This causes some residents to adhere to other laws such as Islamic inheritance law, and to some, the various customary law. Therefore It is not uncommon for there to be contradictions in inheritance law, especially between inheritance through a will and the inheritance system adopted by the heir. Therefore the legal reconstruction due to the pluralism of inheritance law in Indonesia is in the form where the procedures for making wills for each population group must be added to article 16 number (1) letters i and j of the Notary Position Law. based on the value of justice for both heirs, notaries, and parties related to wills, this should be done through harmonization of the legal system between population groups in Indonesia so as to provide beneficial values for heirs, heirs, and society in general.","PeriodicalId":499336,"journal":{"name":"Scholars international journal of law, crime and justice","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135427326","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 : 2023-09-28DOI: 10.36348/sijlcj.2023.v06i09.006
Muhammad Ngazis, Putri Nugraheni Septyaningrum, Gunarto Gunarto, Sri Endah Wahyuningsih
The regulation of the mechanism for settling minor or simple lawsuits is done through conciliation efforts in Article 14 letter (b) PERMA Number 2 of 2015 has regulated that Judges must play an active role in seeking to settle cases peacefully but do not regulate the form of conciliation efforts and there is an overlapping role of the Judge as examiner of cases and as a mediator who has not achieved justice for the parties. The aim of the research is to analyze the weaknesses of conciliation efforts in resolving simple tort cases in Indonesia currently and to reconstruct peace efforts in resolving simple tort cases based on fairness values using a constructivist paradigm with empirical research and a socio-legal approach. Analysis of research data in a qualitative descriptive manner where the location of the research was the Batang District Court and the Pasuruan District Court. The results of the research show that the Weaknesses in conciliation efforts in resolving simple lawsuits are that the form of conciliation is not regulated and the overlapping role of the Judge as examiner of cases and as a facilitator/mediator. Therefore a legal Reconstruction is needed in Article 14 letter (b) PERMA Number 2 of 2015 where Judges are no longer required to play an active role but Judges seek peace through negotiations and oblige the parties to negotiate during the first trial and report the results to the examining Judge of the case to realize justice for the parties.
{"title":"Legal Reconstruction of Peaceful Settlement Regulation on Simple Lawsuit Based on Justice Values","authors":"Muhammad Ngazis, Putri Nugraheni Septyaningrum, Gunarto Gunarto, Sri Endah Wahyuningsih","doi":"10.36348/sijlcj.2023.v06i09.006","DOIUrl":"https://doi.org/10.36348/sijlcj.2023.v06i09.006","url":null,"abstract":"The regulation of the mechanism for settling minor or simple lawsuits is done through conciliation efforts in Article 14 letter (b) PERMA Number 2 of 2015 has regulated that Judges must play an active role in seeking to settle cases peacefully but do not regulate the form of conciliation efforts and there is an overlapping role of the Judge as examiner of cases and as a mediator who has not achieved justice for the parties. The aim of the research is to analyze the weaknesses of conciliation efforts in resolving simple tort cases in Indonesia currently and to reconstruct peace efforts in resolving simple tort cases based on fairness values using a constructivist paradigm with empirical research and a socio-legal approach. Analysis of research data in a qualitative descriptive manner where the location of the research was the Batang District Court and the Pasuruan District Court. The results of the research show that the Weaknesses in conciliation efforts in resolving simple lawsuits are that the form of conciliation is not regulated and the overlapping role of the Judge as examiner of cases and as a facilitator/mediator. Therefore a legal Reconstruction is needed in Article 14 letter (b) PERMA Number 2 of 2015 where Judges are no longer required to play an active role but Judges seek peace through negotiations and oblige the parties to negotiate during the first trial and report the results to the examining Judge of the case to realize justice for the parties.","PeriodicalId":499336,"journal":{"name":"Scholars international journal of law, crime and justice","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135428220","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 : 2023-09-23DOI: 10.36348/sijlcj.2023.v06i09.004
Naimul Razzaque, Md. Abul Hasan Manzurul Islam, Walid Saddat Raffat, Amy Autumn Wilkins, Muntasir Murad Rafid, Salman Khandaker, Md. Mushahid Ali
The center disclosures of this paper are that precludes maltreatment of kids; their abuse is rejected and youngster work is restricted. This work likewise features about Kid misuse, abuse, kid work, and trading youngsters for reason for prostitutions are restricted under the Bangladeshi regulations. The predominance of actual attack was a lot higher among more youthful youngsters albeit the likelihood of different sorts of misuse was higher among more established kids. Young men were more presented than young ladies to maltreatment of any sort. Destitution was additionally fundamentally connected with kid misuse. Multivariate examination proposed that the out-of-younger students and the offspring of ignorant, landless and incompetent workers were bound to be mishandled than others when age and sex of kids were controlled. The paper infers that bringing up open mindfulness against kid misuse and advancing preventive measures ought to be embraced to decrease kid maltreatment in Bangladesh.
{"title":"Child Abuse in Bangladesh: Issues & Legal Protection","authors":"Naimul Razzaque, Md. Abul Hasan Manzurul Islam, Walid Saddat Raffat, Amy Autumn Wilkins, Muntasir Murad Rafid, Salman Khandaker, Md. Mushahid Ali","doi":"10.36348/sijlcj.2023.v06i09.004","DOIUrl":"https://doi.org/10.36348/sijlcj.2023.v06i09.004","url":null,"abstract":"The center disclosures of this paper are that precludes maltreatment of kids; their abuse is rejected and youngster work is restricted. This work likewise features about Kid misuse, abuse, kid work, and trading youngsters for reason for prostitutions are restricted under the Bangladeshi regulations. The predominance of actual attack was a lot higher among more youthful youngsters albeit the likelihood of different sorts of misuse was higher among more established kids. Young men were more presented than young ladies to maltreatment of any sort. Destitution was additionally fundamentally connected with kid misuse. Multivariate examination proposed that the out-of-younger students and the offspring of ignorant, landless and incompetent workers were bound to be mishandled than others when age and sex of kids were controlled. The paper infers that bringing up open mindfulness against kid misuse and advancing preventive measures ought to be embraced to decrease kid maltreatment in Bangladesh.","PeriodicalId":499336,"journal":{"name":"Scholars international journal of law, crime and justice","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136010894","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 purpose of this research is to analyze the weaknesses of Life Insurance Agent Work Contract Regulation and how to reconstruct the regulation of the Life Insurance Agent work contract regulation based on the value of justice, namely as in the Insurance Law No. 40 of 2014, Article 1320 of the Civil Code, Article 1338 of the Civil Code and 1313 of the Civil Code using a constructivism paradigm, through direct interviews with informants empirically supported with studies literature through theoretical steps. The results of this study show that the Weaknesses that arise in the life insurance agent work contract regulation with the study of Islamic law, namely in carrying out the contract is not transparent so that the agent and the insurance company when facing problems, are only decided unilaterally and not based on the contract. Therefore, the Reconstruction of the regulation on a life insurance agent work contract regulation based on the value of justice, namely that in entering into an agreement with a life insurance company with a work contract, it is not in accordance with Article 1313 of the Civil Code and Article 1338 paragraph (1) of the Civil Code because in practice the life insurance company provides a letter notification of the update without the knowledge of the agent, which resulted in unilateral termination of employment. Dispute resolution in insurance agreements can be carried out through litigation and non-litigation channels. If the principle of good faith is not fulfilled, the insurance agreement can be canceled. Regulations for financing agent agreements in Indonesia use a system of deliberation and mutual cooperation, while in various countries they use an arbitration system in a court. Regulation of the Financial Services Authority Number 69 /Pojk.05/2016 Concerning the Conduct of Business of Insurance Companies, Sharia Insurance Companies, Reinsurance Companies, and Sharia Reinsurance Companies.
{"title":"Reconstruction of Life Insurance Agent Work Contract Regulations Based on Justice Value","authors":"Gunarto Gunarto, Intanida Intanida, Anis Mashdurohatun","doi":"10.36348/sijlcj.2023.v06i09.003","DOIUrl":"https://doi.org/10.36348/sijlcj.2023.v06i09.003","url":null,"abstract":"The purpose of this research is to analyze the weaknesses of Life Insurance Agent Work Contract Regulation and how to reconstruct the regulation of the Life Insurance Agent work contract regulation based on the value of justice, namely as in the Insurance Law No. 40 of 2014, Article 1320 of the Civil Code, Article 1338 of the Civil Code and 1313 of the Civil Code using a constructivism paradigm, through direct interviews with informants empirically supported with studies literature through theoretical steps. The results of this study show that the Weaknesses that arise in the life insurance agent work contract regulation with the study of Islamic law, namely in carrying out the contract is not transparent so that the agent and the insurance company when facing problems, are only decided unilaterally and not based on the contract. Therefore, the Reconstruction of the regulation on a life insurance agent work contract regulation based on the value of justice, namely that in entering into an agreement with a life insurance company with a work contract, it is not in accordance with Article 1313 of the Civil Code and Article 1338 paragraph (1) of the Civil Code because in practice the life insurance company provides a letter notification of the update without the knowledge of the agent, which resulted in unilateral termination of employment. Dispute resolution in insurance agreements can be carried out through litigation and non-litigation channels. If the principle of good faith is not fulfilled, the insurance agreement can be canceled. Regulations for financing agent agreements in Indonesia use a system of deliberation and mutual cooperation, while in various countries they use an arbitration system in a court. Regulation of the Financial Services Authority Number 69 /Pojk.05/2016 Concerning the Conduct of Business of Insurance Companies, Sharia Insurance Companies, Reinsurance Companies, and Sharia Reinsurance Companies.","PeriodicalId":499336,"journal":{"name":"Scholars international journal of law, crime and justice","volume":"99 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136363229","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 : 2023-09-08DOI: 10.36348/sijlcj.2023.v06i09.002
Aryas Adi Suyanto, Mahmutarom Mahmutarom, Anis Mashdurohatun
This study aims to analyze the weaknesses and reconstruct regulations on the Authority of the Corruption Eradication Commission in Wiretapping Corruption Crimes which have not been fair so far because the regulation regarding wiretapping authority is still sectoral in nature and there is no specific law on wiretapping using the constructivism paradigm, the type of research in the form of non-doctrinal law, and a juridical-empirical approach. The results of this study show that the weaknesses in terms of legal culture include evidence used in criminal proof that is still limited to the Criminal Procedure Code and the law enforcement culture in Indonesia is still positivist in nature. The phrase "accountable to the supervisory board" in Article 12C paragraph (2) of the Corruption Eradication Commission (KPK) Law) is not based on Pancasila values of justice and does not have binding legal force. Therefore, a legal reconstruction is needed by strengthening the authority of the Corruption Eradication Commission to carry out wiretapping to prevent and eradicate criminal acts of corruption through the reconstruction of Article 12C in particular Article 12C paragraph (2) of Law Number 19 of 2019 concerning Amendments to Law Number 30 of 2002 concerning The Corruption Eradication Commission stated that "Wiretapping which has been completed must be accounted for to the Leaders of the Corruption Eradication Commission and notified to the Supervisory Board no later than 14 (fourteen) working days after the Wiretapping was completed".
{"title":"Legal Reconstruction of the Authority of Tapping by the Corruption Eradication Commission in Corruption Crime Investigation Based on Justice Value","authors":"Aryas Adi Suyanto, Mahmutarom Mahmutarom, Anis Mashdurohatun","doi":"10.36348/sijlcj.2023.v06i09.002","DOIUrl":"https://doi.org/10.36348/sijlcj.2023.v06i09.002","url":null,"abstract":"This study aims to analyze the weaknesses and reconstruct regulations on the Authority of the Corruption Eradication Commission in Wiretapping Corruption Crimes which have not been fair so far because the regulation regarding wiretapping authority is still sectoral in nature and there is no specific law on wiretapping using the constructivism paradigm, the type of research in the form of non-doctrinal law, and a juridical-empirical approach. The results of this study show that the weaknesses in terms of legal culture include evidence used in criminal proof that is still limited to the Criminal Procedure Code and the law enforcement culture in Indonesia is still positivist in nature. The phrase \"accountable to the supervisory board\" in Article 12C paragraph (2) of the Corruption Eradication Commission (KPK) Law) is not based on Pancasila values of justice and does not have binding legal force. Therefore, a legal reconstruction is needed by strengthening the authority of the Corruption Eradication Commission to carry out wiretapping to prevent and eradicate criminal acts of corruption through the reconstruction of Article 12C in particular Article 12C paragraph (2) of Law Number 19 of 2019 concerning Amendments to Law Number 30 of 2002 concerning The Corruption Eradication Commission stated that \"Wiretapping which has been completed must be accounted for to the Leaders of the Corruption Eradication Commission and notified to the Supervisory Board no later than 14 (fourteen) working days after the Wiretapping was completed\".","PeriodicalId":499336,"journal":{"name":"Scholars international journal of law, crime and justice","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136363228","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 : 2023-01-26DOI: 10.36348/sijlcj.2023.v06i01.006
Notification of Commencement of Investigation is a letter issued by an investigator addressed to the public prosecutor which aims to notify an investigation into a case. The Public Prosecutor will respond to the Letter of Notification of the Commencement of the Investigation by appointing a Research Prosecutor to follow the investigation process. This study discusses the problem of regulatory weaknesses in the delivery of an order to commence an investigation to the current reported party and efforts to reconstruct the arrangements in submitting an order to begin an investigation to the reported party based on the value of justice. The approach method in this research is socio-legal research. The results of the study found that there was a weakness in the regulation in submitting an order to commence the investigation of the Constitutional Court within 7 (seven) working days. There is no apparent sanction for the investigator if, after 7 (seven) days, the notification letter for the commencement of the investigation is submitted to the reported party. Thus the complainant feels that his rights as a citizen have been degraded. Reconstruction of arrangements in the delivery of the warrant for the start of an investigation to the reported justice based on the non- involvement of the reporting party and the reported party in submitting the Notification of Commencement of Investigation and also regarding the deadline for submission and there are no sanctions for investigators who are late in submitting the Notice of Commencement of Investigation to the public prosecutor, reporter and reported.
{"title":"Legal Reconstruction of Investigation Warrant Submission Arrangements on Suspect Based on Justice Value","authors":"","doi":"10.36348/sijlcj.2023.v06i01.006","DOIUrl":"https://doi.org/10.36348/sijlcj.2023.v06i01.006","url":null,"abstract":"Notification of Commencement of Investigation is a letter issued by an investigator addressed to the public prosecutor which aims to notify an investigation into a case. The Public Prosecutor will respond to the Letter of Notification of the Commencement of the Investigation by appointing a Research Prosecutor to follow the investigation process. This study discusses the problem of regulatory weaknesses in the delivery of an order to commence an investigation to the current reported party and efforts to reconstruct the arrangements in submitting an order to begin an investigation to the reported party based on the value of justice. The approach method in this research is socio-legal research. The results of the study found that there was a weakness in the regulation in submitting an order to commence the investigation of the Constitutional Court within 7 (seven) working days. There is no apparent sanction for the investigator if, after 7 (seven) days, the notification letter for the commencement of the investigation is submitted to the reported party. Thus the complainant feels that his rights as a citizen have been degraded. Reconstruction of arrangements in the delivery of the warrant for the start of an investigation to the reported justice based on the non- involvement of the reporting party and the reported party in submitting the Notification of Commencement of Investigation and also regarding the deadline for submission and there are no sanctions for investigators who are late in submitting the Notice of Commencement of Investigation to the public prosecutor, reporter and reported.","PeriodicalId":499336,"journal":{"name":"Scholars international journal of law, crime and justice","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135908849","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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