REVIEW ARTICLE | May 4, 2021
The Effect of I.T on the Law of Stealing in Nigeria: A Comparative Perspective
Ngwu Godwin Emeka, Ogiri, Onyemaechi Titilayo
Page no 262-271 |
10.36348/sijlcj.2021.v04i05.001
Stealing, generally, has been recognised as a criminal offence and worldwide it has been viewed as the permanent deprivation of a person's ownership in a property by another. The concept of property has often been limited to material things which can be transferred to or inherited by another. This paper seeks to shed light on those other things that are not but should be considered property for the sake of defining the offence of stealing. In doing this, the effect of technology on the concept of stealing in Nigeria will be examined. A comparative analysis of the Nigerian status and the status of a few select jurisdictions, as regards the subject matter, will be done. It is believed that at the end of this paper, the concept of stealing will be viewed broader than it is seen now and that what the average person would normally see as fraud or "419" (using the Nigerian slang), will be clearly classified as stealing.
ORIGINAL RESEARCH ARTICLE | May 4, 2021
Reconstruction of the Legal Definition of Children to Protect Sexual Violence Victim with Intellectual Disabilities Based on Justice Insight
Andrie Irawan, I Gusti Ayu Ketut Rachmi Handayani, Sri Kusriyah
Page no 272-278 |
10.36348/sijlcj.2021.v04i05.002
This study aims to determine the weaknesses of regulations regarding child protection for persons with intellectual disabilities who are victims of sexual violence in Indonesia and to reconstruct the meaning of children in order to protect the rights of persons with intellectual disabilities who are victims of sexual violence in Indonesia. This study uses a constructivism paradigm based on literature review with juridical research methods. The results showed that the laws and regulations on child protection regarding the age limit of children are that it only refers to international conventions, without paying attention to the existing living laws in Indonesia, namely Customary Law and Islamic Law. Third, the reconstruction of mental age norms in the Child Protection Law can be further developed by making norms in the form of the draft of Article 1 point 1a that states that a child is someone whose mental age is under 18 (eighteen) years old according to a psychological expert's examination, for a person with intellectual disabilities as a victim of violence, the basis for the application of this norm is juridically existed in Article 28H paragraph 2 of the 1945 Constitution and socio-philosophically, through the theory of social justice developed by John Rawls with the principle of fair equality of opportunity.
ORIGINAL RESEARCH ARTICLE | May 7, 2021
To Compensate Workers for Damage in Case of Illegal Termination of Labor Contracts
Nguyen Quoc Duy
Page no 279-285 |
10.36348/sijlcj.2021.v04i05.003
Unilateral termination of a contract means the termination of the labor contract by the employer or the employee without the consent of the other party. Accordingly, when terminating the labor contract, there will be two cases, one is unilaterally terminating the labor contract in accordance with the law or unilaterally terminating the labor contract illegally. Although the law has a mechanism for one of the parties to unilaterally terminate the labor contract (hereinafter referred to as unilateral termination), to ensure benefits for the other party, the Labor Code also stipulates it is very clear which cases can be terminated, which cases cannot be terminated. Most of the cases that the law that allows unilateral termination may arise from other objective or subjective reasons, but in general, doing unilateral work will significantly reduce the significant damage to the party who is doing the job. This study focuses on analyzing the contents related to the termination of illegal labor contracts of both employers and employees, thereby pointing out the shortcomings in the Law, specifically the Ministry Labor Code 2019.
REVIEW ARTICLE | May 11, 2021
Examining the Challenges for the Compensation of Victims of Crimes: The Cameroonian Experience
Yata Eric Tantoh
Page no 286-295 |
10.36348/sijlcj.2021.v04i05.004
In every society, when a crime is committed, it affects the victim and the community as a whole thus, promoting criminality and insecurity in the society. This calls for efforts to address the worrisome situations in order to heal the plight of the victim who suffers injuries as a result of crime waves. It should be noted that from investigation to trial, victims of crime are faced with numerous challenges. These challenges range from participating in the investigation and trial and more importantly adequate compensation for damage suffered following the commission of an offence. The key guiding principle in criminal justice for victims of crimes is to ensure that the person who suffers injuries or losses is compensated or restituted. Injuries or damage suffered by victims’ results from the commission of offences by either physical or juristic persons. Some of these offences include: murder, assaults, sexual offences, theft, destruction, human rights violations, environmental hazards, etc. Most at times the victims never have their compensations paid by the perpetrators of these heinous crimes. The preeminent query is whether there are options available for victims to ensure their compensations when real offenders cannot repair the harm. This paper through a content analysis, seeks to examine the challenges of victims’ rights to compensation in the administration of criminal justice in Cameroon. It seeks also to examine whether there are existing legal and institutional framework adequate and efficient in addressing the plight of victims of crime with regard to compensation.
ORIGINAL RESEARCH ARTICLE | May 20, 2021
Reconstruction on the Regulation of Occupational Safety and Health in Indonesia Based on Justice
Agoes Djatmiko, Gunarto, Anis Mashdurohatun
Page no 296-301 |
10.36348/sijlcj.2021.v04i05.005
This study aims to find the weaknesses in the current implementation of occupational Safety and Health (OSH) supervision and how a law reconstruction is expected to solve the problems of OSH supervision in Indonesia Currently. The method used in this research is non-doctrinaire legal research methods, with descriptive-analytical research specifications. The results show that the weaknesses of OSH Protocol in Indonesia Currently are the nature of OSH supervision in the form of a written report to the Head of the Regional Labor Inspection Unit like in Banyumas for example, which is carried out within a maximum of Three Week, without direct monitoring and evaluation from the Labor Inspection Unit, violations of reporting obligations are only in the form of sanctions fines as referred to in Article 15 (2) of Law Number 1 of 1970 concerning Work Safety. Based on this, it is necessary to reconstruct the regulation in Article 3 of the Safety Law with the need to regulate work safety requirements to prevent and control the emergence of occupational diseases, both physical and psychological, poisoning, infection, and transmission as well as prevention of the return of pandemic diseases. 15 (2) Law No.1 of 1970 needs to emphasize the deterrent effect of offenders with a maximum imprisonment of 5 years and a maximum fine of 1 billion rupiah and additional d points. in Article 86 of Law no. 13 of 2003 Employment for prevention and cure of pandemic diseases.
ORIGINAL RESEARCH ARTICLE | May 20, 2021
Reconstruction of Legal Protection for Legal Assistance Institutions in Providing Legal Assistance to the Community Based on Justice
Aan Tawli, Gunarto, Sri Endah Wahyuningsih
Page no 302-308 |
10.36348/sijlcj.2021.v04i05.006
The purpose of this study is to analyze and examine the weaknesses of legal protection construction arrangements for legal aid institutions in providing legal assistance to the community at this time to then construct gnats that can fulfill the value of justice using the constructivism paradigm. The approach method used is sociological juridical, with the research specification is descriptive analysis. The data used are primary data and secondary data, which are then analyzed qualitatively. The results show that the weaknesses of the legal protection of Legal Aid Institutions in providing legal assistance to the community, namely the Legal Aid Institutions have not been specifically formulated in the Legal Aid Law and the legal aid needs of vulnerable groups such as children, women, the community adat and persons with disabilities have not been regulated in the Legal Aid Law, the APBN / APBD is limited, and doubts over the central-regional authority to issue Legal Aid Regional Law (Perda) is still low; as well as a lack of public awareness of legal methods and the importance of legal aid. To overcome this, it is necessary to reconstruct the legal protection of Legal Aid Institutions in providing legal assistance to the community so that it can fulfill the value of justice, namely to the specific formulation of the definition of legal aid institutions in the Legal Aid Law, and additional provisions of legal aid to vulnerable groups, affirming that legal aid is the authority of the central and regional governments, and strengthening regional authority to issue a Legal Aid Perda; as well as fostering and counseling public legal awareness of the importance of legal aid.
ORIGINAL RESEARCH ARTICLE | May 22, 2021
Reconstruction of Immunity Rights of Advocate as Law Enforcer in Catur Wangsa Based on Justice Value
Edi Santosa, Gunarto, Anis Mashdurohatun
Page no 309-314 |
10.36348/sijlcj.2021.v04i05.007
The objectives of this research are to study the problematic rights of advocates for immunity in the perspective of Law No. 18 of 2003, and how to reconstruct the right to immunity. An advocate with dignity in Catur Wangsa based on the value of justice. This research uses sociological juridical methods. Informants as sources of research data are advocates who are members of the Indonesian Advocate Union (Peradi), prosecutors, judges and police. Data collection techniques are done by interview and documentation. Data analysis through the stages of data collection, data reduction, data display and verification. The results of the study found that The Problematic rights of advocates for immunity in the perspective of Law No.18 of 2003 are: Legal substance, legal structure, legal culture. Therefore, the Reconstruction of the immunity rights of advocates with dignity in Catur Wangsa based on the value of justice is a reconstruction of values, and legal reconstruction is needed, in the form of Reconstruction of Article 14, 15, and 16 of Law no. 18 of 2003, which contains the value of the immunity rights of advocates to realize legal protection for advocates and maintain dignity and integrity as advocates is to enforce administrative sanctions and until the dismissal of an advocate who violates the code of ethics and commits a criminal act, law enforcers are permitted to be examined with the approval of the Advocate Honorary Council.
REVIEW ARTICLE | May 27, 2021
Interrogating the Practices and Attitudes of the International Oil Companies in the Oil and Gas Industry in Nigeria and the Need for a Shift
Christian Chukwuma Obeagu
Page no 315-319 |
10.36348/sijlcj.2021.v04i05.008
This paper examined the operational practices and attitudes of the International Oil Companies (IOCs) in the Nigeria’s Oil and Gas industry, and interrogated the rationale behind such; much more as the negative effects were glaring. It drew a conclusion from these prevailing habits but afterwards offered recommendations towards improved holistic results.