ORIGINAL RESEARCH ARTICLE | Feb. 5, 2022
Prevention and Eradication of Transnational Organized Crime in Southeast Asia
Slamet Sampurno Soewondo, Kadarudin
Page no 37-44 |
10.36348/sijlcj.2022.v05i02.001
Southeast Asia has a geographical position that is very vulnerable to various forms of transnational crime. The Association of Southeast Asian Nations/ASEAN as a regional organization for countries in Southeast Asia has a role and responsibility to carry out the prevention and eradication of transnational organized crime in Southeast Asia. This paper aims to analyze the factors causing the occurrence of transnational organized crime in Southeast Asia, and to analyze the forms of regional cooperation in the prevention and eradication of transnational organized crime in Southeast Asia. This paper uses a normative research type, with a statutory and interpretation approach. The legal materials used are sourced from books, research reports, journals, and international legal instruments. The collected legal materials are then analyzed qualitatively. The results show that there are three main factors that cause transnational organized crime in Southeast Asia, the three factors are economic globalization, increasing heterogeneity of immigrants, and rapidly developing communication technology. ASEAN has an important role in actively participating in campaigning for the war against transnational organized crime, especially in the Southeast Asia region. Transnational crime was first discussed by ASEAN in 1997 which later gave birth to the ASEAN Declaration on Transnational Crime Manila, Philippines, 20 December 1997. In addition to encouraging its members to ratify the United Nations Convention on Transnational Organized Crime, 2000 and the promulgation of a number of regional instruments, regional cooperation is also the main key for ASEAN and its member countries in the prevention and eradication of transnational organized crime in Southeast Asia.
REVIEW ARTICLE | Feb. 7, 2022
A Critical Analysis of Sentencing in Criminal Law: The Case of Cameroon and France
Morfaw Evarestus Nkafu
Page no 45-52 |
10.36348/sijlcj.2022.v05i02.002
Mankind is a companionable being and the fact of staying together with varying and various characters usually gives rise to differences. If these differences are not sorted out amicably they may degenerate into disputes or conflicts with far reaching consequences. These disputes may be settled in either a civil or criminal court depending on their nature and the choice of the victim. While the aim of a civil action is to pay damages to a victim who has suffered prejudice as a result of another person’s tortuous act, a criminal action is aims principally to punish an offender whose action offends the society as a whole. The paper however, is concerned with criminal law. The purpose of criminal law is self-protection and to prevent harm to others. In this light, this paper after making clarifications of key concepts, analyze the relevance and actors of sentencing under international criminal law. The paper also seeks to provide the limited province of the judge in sentencing as well as appraise the legal provisions and mechanisms of sentencing in Cameroon and France. In effect, the paper concludes with some salient measures in order to blend theory and practice for effective implementation of Sentencing in Cameroon and France Criminal Law.
The basic rationalization behind Utility Models is that patents are not suited in circumstances where the innovation is mostly based on craftsmanship performed in response to a real but limited need. Over the past few years, the intellectual property regime in India has been able to reinforce and strengthen its roots in the structure of the legal system despite numerous challenges and limitations. But the main question is whether the Indian industry has been able to truly exploit the law of IPR for their growth or not? Going by the record it seems that only big national and Multi-National Corporations have succeeded in extracting the benefits of India’s IPR reign because patent laws of India require a high threshold level of inventiveness which is accompanied with the cumbersome and highly technical application process, which is a quite a costly affair for small industries. In the present legal framework of India, the innovators of frugal or small inventions are unable to patent their inventions under the existing legal regime. The crisis has enlarged due to higher level of inventiveness. The utility model protection system developed to provide an alternate and auxiliary system to protect the inventions having a modulating level of inventiveness. Therefore, this paper intends to present the foundations of a legal framework which can strike a balance between the strong Patent system and a flexible utility model system which has a potential to boost innovation in India. The author in this paper looks into the possibility of legislating a separate law for the protection of utility models to promote economic and technological development.
REVIEW ARTICLE | Feb. 21, 2022
The Legal Protection of Banking Industry in Cameroon: Prospects for Effective Implementation
Kinga Hellen Kimah
Page no 61-73 |
10.36348/sijlcj.2022.v05i02.004
The era of globalization has tremendously affected the banking industry in Cameroon. In this light, this paper after making clarifications of key concepts, seeks to appraise the legal provisions and mechanisms currently governing the banking industry in Cameroon, with particular focus on the regulatory parameters of the banking industry. As a result, the paper recommends salient measures in order to blend theory and practice for effective implementation in the banking industry in Cameroon.
ORIGINAL RESEARCH ARTICLE | Feb. 21, 2022
Effectiveness of Criminal Law in Tackling Cybercrime: A Critical Analysis
Ajoy P.B
Page no 74-79 |
10.36348/sijlcj.2022.v05i02.005
A significant number of nations around the world have enacted cybercrime laws for the purpose of controlling the occurrence of cybercrimes and mitigating its ill effects. However, in spite of enacting such cybercrime laws, available data show that the incidence of cybercrime is rapidly increasing. There are many factors that contribute to the failure of criminal law to fully control cybercrime. These factors include anonymity related issues, jurisdictional issues, extradition related challenges, problems associated with the law enforcement machinery, non-availability of data relating to cybercrime including non-reporting of cybercrimes, difficulties to identify, locate and arrest the cybercriminal, lack of experts, technology related issues, problems posed by international law etc. Since, at present, criminal law is not able to fully tackle cybercrime, there is a need to focus on cybercrime prevention strategies.
REVIEW ARTICLE | Feb. 23, 2022
Recidivism of Prisoners in Bangladesh: Trends and Causes
Nelufer Yesmen, Rafia Anjanan Mou
Page no 80-86 |
10.36348/sijlcj.2022.v05i02.006
A common belief is expressed that imposing sanction on the criminal offenders is the only procedure to restrain crimes in a society. Many a times the offenders are convicted after committing an offence and after a certain period of time they are released. A large number among them again commit crimes; are rearrested, and resentenced. The preeminent objective of study is to explore the patterns and trends of recidivism and also to identify the causes of recidivism among prisoners. The study finds that deficits in education, employment, and housing as well as the lack of treatment programs pose significant barriers to the successful reentry of inmates released from prison. Moreover, outdated laws and procedures and long term justice system process are the main factors of recidivism in Bangladesh. There have been used differential association theory, classical school thought of criminology to explain the patterns, trend and causes and inoculation theory as prevention or reduction of recidivism of prisoners. This study concludes with a discussion that offers suggestions for future research.
ORIGINAL RESEARCH ARTICLE | Feb. 27, 2022
Factors Preventing IDPs from Returning to their Usual Residence in Maiduguri, Borno State
Idris Mu’azu, Aisa Isa Geidam, Aisha Ibrahim Umar
Page no 87-95 |
10.36348/sijlcj.2022.v05i02.007
The study looked at what is preventing IDPs from returning to their normal house in Maiduguri, Borno State. The study's specific objectives were to assess IDPs' rights regarding relocation to their usual home of residence, examine the implications of insufficient funds for rebuilding IDPs' usual home of residence, examine the implications of insecurity on IDPs' relocation to their usual home of residence, and finally assess the effect of insecurity on IDPs' relocation to their usual home of residence. Primary and secondary sources were used to compile the data. The respondents were given a questionnaire to fill out as part of the primary data collection. A total of 400 people from Maiduguri were surveyed. The study looked at a variety of ideas, with human needs theory serving as the study's theoretical framework. The idea covers the essential cause for IDPs returning to their customary place of residence in order to alleviate the difficult circumstances faced by IDPs who have lost their homes, jobs, and families, among other things. Food, shelter, healthcare, education, and clothing are among the basic needs of IDPs. The findings revealed that Internally Displaced Persons have the right to relocate to their usual home of residence and the right to request and receive protection. The study further revealed that Internally Displaced Persons have the right to humanitarian assistance from national authorities without discrimination and the right for assistance in restoring family link, Health care, education, and economic and social rehabilitation are all things that need to be addressed. The findings also stated that due to a lack of funds, the funding for restoring IDPs' customary place of living is insufficient. It was discovered that returning IDPs are frequently attacked by militants in their homes and are frequently kidnapped by the group. It recommends that the Borno State governments should enact a local law in the State to compel IDP’s management agencies at all levels to stringently observe the U.N. Guiding Principles on the protection of the right of Internal Displacement on relocation to their settlement. The Nigerian Government should fight corruption and ensure a direct link between the management agencies and the IDP's. Contingency plans should be made financially and bureaucratically in anticipation of displaced events to accommodate the rapid nature of displacement, the bureaucratic process involved in the release of finances and other resources for the administration of IDPs should be simplified.