Scholars International Journal of Law, Crime and Justice (SIJLCJ) | Volume-4-Issue-03
Original Research Article
March 6, 2021
Surveillance of Local Government in Fulfilling Community Rights on Social and Environmental Responsibilities
Nancy Silvana Haliwela, Muhammad Yunus Wahid, Anwar Borahima, Marwati Riza
Page Numbers : 130-135
DOI : 10.36348/sijlcj.2021.v04i03.001
Social and environmental responsibility is based on the presence of investment activities (the corporate) which not only has positive impacts but also negative impacts. The research an empirical-juridical research and examines directly several companies in Maluku Province, Indonesia. The data obtained were analyzed descriptively and qualitatively. The results show that the right of communities is a demand for fulfillment based on legal regulations as a form of responsibility for the obligations of the State or other parties for the interests of an association or association of people who have social interaction relations in a community area within a country. The local government through the surveillance authority guarantees the rights of the community to obtain sources of life so that they do not become lost due to company activities. This protection is through the authority of the local government to supervise CSR activities as the government’s responsibility for society and the environment.
March 10, 2021
Will the Canadian Courts make Meng Wanzhou’s case their own Lotus?
Sean D. Yates
Page Numbers : 136-143
DOI : 10.36348/sijlcj.2021.v04i03.002
Customary law and the principles commonly used to establish or to challenge a State’s jurisdiction over a particular matter. Territorial Principle, the Effects Doctrine, the Active Personality Principle, the Passive Personality Principle, the Protective Principle, and the Universality Principle. Application of the law to the facts of Meng Wangzhou’s case to see whether the case itself constitutes an abuse of process if the US has acted illegally under international law in exercising jurisdiction in the case through the alleged connection of the US banking system. How public international law is regulated by the international community and what States can do if a State imposes unilateral sanctions or exercises jurisdiction illegally. Should Canada be complicit in helping the US when the US exercise of jurisdiction is illegal under international law and further questions the approach the US has taken in bringing this case.
March 15, 2021
Atrocity Crimes and the Search for Justice in Sudan: Why ICC Must Not Relent
James E. Archibong
Page Numbers : 144-150
DOI : 10.36348/sijlcj.2021.v04i03.003
In 2003, Sudan joined the ignoble league of States disparaged for monstrous crimes against their citizens. The administration of Omar al-Bashir quickly garnered notoriety for genocide, war crimes and crimes against humanity perpetrated against the people of Darfur. Upon a UN Security Council referral, the International Criminal Court (ICC) made a futile attempt to arrest five persons most responsible for the atrocities. Following the fall of al-Bashir in 2019, there has been renewed zeal to ensure accountability for perpetrators and justice for the victims of those crimes. The Sovereign Council, Bashir’s successor, has so far failed to deliver on this, despite promises. The UN Security Council has so failed to render any assistance to secure their arrest. Hope for accountability and justice now rests on the implementation of ICC’s subsisting indictments and warrant of arrest and it cannot afford to fail.
Original Research Article
March 16, 2021
Reconstruction of Teacher Certification Policies According to Law Number 14 of 2005 Concerning Teachers and Lecturers Based on the Value of Pancasila Justice
Triwahyu Budiutomo, Gunarto, Agus Pandoman, Abdul Wahab, Sri Utari
Page Numbers : 151-158
DOI : 10.36348/sijlcj.2021.v04i03.004
Teachers are the educators of the nation's next generation, therefore their welfare must be considered by the state and one form of welfare given by the government is teacher’s certification. With this certification, teacher salaries can be increased because they are recognized as professionals, but in practice, this teacher certification is still far from perfect because it has not been able to touch all teachers in Indonesia. This encourages the author to conduct research on the subject matter, namely what are the obstacles that arise in the teacher certification process and how the law reconstruction should be based on the value of Pancasila justice where the author uses empirical juridical research methods with primary data obtained from supported fields, Secondary data from literature and statutes analyzed using data triangulation to formulate a conclusion. The results show that the obstacles that arise in implementing teacher certification policies are the weak government support seen by the lack of readiness of the government in implementing policies (availability of human resources and financial resources) which causes the implementation of policies that should be smooth and effective to the contrary, the ambiguity of the Policy, stagnation, and frequent changes in the rules and the length of the policy implementation process as there is a difference in understanding in the implementation of policies as in Article 82 paragraph (2) UUGD where the teacher certification policy should be understood as pre-service training policy, not in-service training. This difference in understanding causes the teacher certification policy to be a policy that has unclear or vague understanding. To overcome this, it is necessary to have a legal reconstruction related to the minimum academic qualifications of teachers to a minimum of S2 (Postgraduate).
Original Research Article
March 16, 2021
Reconstruction of a Green Open Space (RTH) Policy in Indonesia Based on the Value of Justice
Agus Widodo, Gunarto, Edy Lisdiyono
Page Numbers : 159-165
DOI : 10.36348/sijlcj.2021.v04i03.005
Forensic science works on physical evidence and hence the forensic investigators are searching for physical evidence in the crime scenes to identify the perpetrator and to solve the mystery. The significance of some evidence appears unknown or unimportant at the time of collection from crime scenes but seemingly important as the investigation proceeds. Foot print is important physical evidence found in many crime scenes such as homicide, burglary and sexual assault, but is simply ignored even in the initial stage of investigation, considering unimportant. Footprint based gait pattern analysis is currently used for person identification. Forensic podiatry is a sub discipline of forensic science in which specialized podiatric knowledge including foot and lower limb, used in the examination of foot-related evidence in the context of a criminal investigation. Footprint and gait analysis are most aligned with other pattern based form of evidence like blood pattern analysis. The gait pattern evidence found mostly in homicide and burglary crime scenes are simply neglected by the investigators because of knowledge lack in podiatry. The present crime scene report, as investigated by the corresponding author (Prof. T. Nataraja Moorthy, hereafter mention as “TN”) in India highlighted the value of footprint and gait pattern evidence in a peculiar homicide crime scene. A woman lodged a complaint with police station in India that her husband was murdered by unknown person but footprint based gait pattern analysis identified the culprit, nobody but the complained wife. She murdered her husband and concealed the fact, a case of “crime concealment”.
Original Crime Scene Report
March 16, 2021
Footprint Based Gait Analysis in a Homicide Case - Identified the Culprit as Wife of the Deceased, Also the Complainant: Challenging Forensic Podiatry Crime Scene Report
T. Nataraja Moorthy, M. Baskaran
Page Numbers : 166-169
DOI : 10.36348/sijlcj.2021.v04i03.006
Forensic science works on physical evidence and hence the forensic investigators are searching for physical evidence in the crime scenes to identify the perpetrator and to solve the mystery. The significance of some evidence appears unknown or unimportant at the time of collection from crime scenes but seemingly important as the investigation proceeds. Footprint is an important physical evidence found in many crime scenes such as homicide, burglary and sexual assault, but is simply ignored even in the initial stage of investigation, considering unimportant. Footprint based gait pattern analysis is currently used for person identification. Forensic podiatry is a sub discipline of forensic science in which specialized podiatric knowledge including foot and lower limb, used in the examination of foot-related evidence in the context of a criminal investigation. Footprint and gait analysis are most aligned with other pattern based form of evidence like blood pattern analysis. The gait pattern evidence found mostly in homicide and burglary Crime scenes are also simply neglected by the investigators because of knowledge Lack in podiatry science. The present crime scene report, as investigated by the corresponding author (Prof. T. Nataraja Moorthy, hereafter mention as “TN”) in India highlighted the value of footprint and gait pattern evidence in a peculiar homicide crime scene. A woman lodged a complaint with police station in India that her husband was murdered by unknown person but footprint based gait pattern analysis identified the culprit, nobody but the complained wife. She murdered her husband and concealed the fact, a case of “crime concealment”.
Original Research Article
March 23, 2021
Implementation of Regional Regulation Number 21 of 2014 concerning the Implementation of Population Administration in the City of Banjarmasin (Case Study of Temporary Residence Certificate)
Nike Purnamawati, Jamaluddin, Siswanto Rawali
Page Numbers : 170-181
DOI : 10.36348/sijlcj.2021.v04i03.007
Population administration is regulated in Law Number 23 of 2006 and has been amended by Law Number 24 of 2013 concerning Amendments to Law Number 23 of 2006 concerning Population Administration. This study aims to determine the importance of communication and information and what factors play a role in implementing the policy implementation of regional regulation number 21 of 2014 concerning population in Banjarmasin City. The research method uses a qualitative approach and descriptive type. The research instrument is the researcher himself. The data collection techniques are observation, interview and documentation. The focus of research is using the theory of policy implementation by Marille S. Grindle. Data analysis used is data reduction, data presentation and verification. The validity of the data used by the data credibility test technique using triangulation to test it. The results show that communication and information are very important elements in the implementation of policies for implementing regional regulation number 21 of 2014. However, there are things that have not been maximally implemented regarding the effectiveness of population administration in the city of Banjarmasin (case study on temporary residence certificates). Judging from the two factors according to Marille S. Grindle, the factor of Content of Policy, because of the six indicators only one has been successfully implemented, namely the Indicator Program Implementer (Policy Implementer). Meanwhile, other indicators do not work because policy implementers do not know who the institutions are involved, there are still people who do not know the perda so they cannot feel the benefits, how the decision is made. There are three dimensions that are indicators of the importance of communication and information, namely: coordination, integration and synchronization. The context of implementation factor, the three indicators have not been successfully implemented. The reasons for this are lack of socialization and direction from the related agency so that the public does not know the perda, does not know the strategy to be implemented, there are still people who are asked for voluntary funds and the absence of the main duties and functions of each agency. It is suggested to the Department of Population and Civil Registration to provide information and meetings to other policy implementers and in providing SKTS services there should already be main tasks and functions. To the Miai River Village to improve services and hold outreach to the temporary immigrants. The RT Head should have the main tasks and functions (Topuction) and need to record and provide information to the immigrant population. To the immigrants, report themselves to the RT and ask about their obligations.
Original Research Article
March 26, 2021
Reconstruction of Legal Protection on Women in Law No. 23 of 2004 Concerning Elimination of Domestic Violence Based on Islamic Justice Values
Munifah, Mahmutarom, Jawade Hafidz
Page Numbers : 182-188
DOI : 10.36348/sijlcj.2021.v04i03.008
This study aims to find and analyze what causes domestic violence (KDRT) in Indonesia which mainly directed at women who become victims and whether it is necessary to reconstruct the law based on Islamic justice values. This research is non-doctrinal legal research or socio-legal research law which uses a statute approach, a case approach, and a comparative approach where the research took place in Klaten and Sukoharjo religious court.The results showed that the religious courts in Klaten and Sukoharjo regarding domestic violence cases in the form of divorce and legal divorce were caused by problems of family neglect, thus the protection of the Domestic Violence Law cannot be in effect. Research in other countries shows high attention to victims of domestic violence with the protection of victims which when compared to Indonesia currently, The weakness of the PKDRT Prevention Law which is not yet fully pro-KDRT victims, especially women, needs to be reconstructed with the addition of articles on the provision of compensation in the form of compensation or restitution for victims of domestic violence. The author concludes that compensation and restitution are needed as an implementation of the values and benefit of Islamic justice as a form of legal protection for victims of domestic violence.