REVIEW ARTICLE | June 2, 2022
Alleged Murder, Uncovered the Mystery as Suicide: A Crime Scene Investigation Case Study
Tanmoy Kumar Mukherjee, Harendra Nath Singh
Page no 188-190 |
10.36348/sijlcj.2022.v05i06.001
The primary goal of every investigation is to find out the actual truth of any fact and prove or disprove any allegations with the help of scientific evidence according to the law. This case study is an excellent example to understand the crime scene investigation for forensic and law enforcement professionals, especially in the burning cases. The background of the present case is that one 18-year-old girl was admitted to a Government hospital in West Bengal, India, with 68% burns injuries at night. The hospital authorities informed the police about the matter. Accordingly, the local police rushed to the hospital and recorded the statement of the victim girl. A case was registered by the police against the unknown miscreant in the local police station on the basis of the statement of the victim girl. Three days later the victim girl died from his injuries. The case was amended under section 302 Indian Penal Code. On requisitioned by the Deputy Commissioner of Police, a forensic team under the leadership of the author (TKMukherjee) visited and examined the crime scene and unearths the actual truth.
REVIEW ARTICLE | June 2, 2022
Artificial Intelligence: History and its Legal Framework in Indonesia
Wa Ode Zuliarti, Haris Yusuf, Asri Sarif
Page no 191-196 |
10.36348/sijlcj.2022.v05i06.002
The purpose of this study is to addresses overview of AI and its use within Indonesian law. The discussion aims to be nuanced while also being understandable to those who do not have a technical background and to investigate AI's application relating to the formation of Indonesian laws. This study is a qualitative study. Indonesian regulations only apply to individuals and legal entities that are legally recognized legal subjects. AI is not intelligent in the sense of human cognition, nor intelligent thinking machines. AI is the ability to train computer how to do specific task. The role of the state in providing legal protection should be defined. This legal protection is required to provide legal certainty to the AI user community, both through AI-specific laws and regulations, as well as special institutions authorized to oversee the use of AI in Indonesia.
REVIEW ARTICLE | June 7, 2022
Rights of Persons with Disabilities and Responsiveness of Law
Sachin Sharma
Page no 197-201 |
10.36348/sijlcj.2022.v05i06.003
Persons with disabilities are important part of human diversity. With increase in population there come various challenges in before disabled people. Their conditions in respect of dignified living are continue to be complicated. Though after constitution of United Nations Convention for the Rights of Persons with Disabilities (UNCRPD), there come significant changes in respect to the rights of disabled people. This paper tries discussing contemporary laws and its responsiveness towards people with disabilities. It is also dealing with constitutional commitments towards persons with disabilities. The paper concludes despite having laws and polices related to disabilities, there is need to change the societal attitude towards disability. This can be achieved by following the CRPD’s mantra of ‘nothing about us, without us’.
REVIEW ARTICLE | June 10, 2022
‘Twitting to Suspend Twitter’ – Social Media Censorship in Nigeria: Possibilities, Realities and Legalities
Prof. Isa H. Chiroma, Ibrahim Sule
Page no 202-210 |
10.36348/sijlcj.2022.v05i06.004
Mid 2021 the Nigerian government suspended indefinitely, the operations of Twitter in the country, alleging that the company’s activities undermines the country’s cooperate existence and unity. The government ordered all its agencies to shutdown their handles immediately. This sparked national and international condemnation and commendation. It also brought to fore larger conversations and debates academically, socially, and economically, all over the world. Though the Nigerian government attempted unsuccessfully to initiate social media censorship law few months ago, the recent Twitter ban and the Nigerian government’s request that all social media companies operating in Nigeria must acquire license brought back the heated debate on censorship laws and policies in Nigeria which this article analyses.
ORIGINAL RESEARCH ARTICLE | June 17, 2022
Reconstruction of Rehabilitation Regulations for Underaged Drug Addicts in Indonesia Based on Justice Value
Muhammad Ngazis, Juhrin Pasaribu, Gunarto, Sri Endah Wahyuningsih
Page no 211-216 |
10.36348/sijlcj.2022.v05i06.005
The problem raised in this study is why the regulation of rehabilitation for children who use narcotics has not been based on the value of justice. To find answers to these problems, the study uses a sociological juridical research type where the method of qualitative analysis is used on the data obtained, and presented in the form of written words supported by quantitative and qualitative data to then draw an inductive conclusion. The Result Shows that According to Law Number 35 of 2009, there are two types of rehabilitation, namely medical rehabilitation and social rehabilitation. The judge's consideration in conducting trial examinations in narcotics cases committed by children is to impose narcotics crimes by rehabilitating the accused. The judge stated that in the Juvenile Criminal Justice System Act, children who have problems with the law are called Juvenile. The judge stated that even though in the indictment of the public prosecutor, however, the judge considered that in giving criminal penalties to narcotics users and child perpetrators, by taking into account the main principle for the child, namely the best interest of the child in imposing sanctions, it is very necessary to reconstruct the rehabilitation law for children as drug addicts fairly.
ORIGINAL RESEARCH ARTICLE | June 17, 2022
Reconstruction of Controlled Delivery Regulations in Humanitarian Value-Based Narcotic Act Investigations
Gunarto, Apriady, Sri Endah Wahyuningsih
Page no 217-222 |
10.36348/sijlcj.2022.v05i06.006
The problem raised in this study is what are the weaknesses in the implementation of controlled delivery in the investigation of narcotics crimes in realizing the protection of human rights and How to reconstruct it in order to realize the protection of human rights. To find answers to these problems, the study uses a sociological juridical research type where The method of qualitative analysis is used on the data obtained, and presented in the form of written words supported by quantitative and qualitative data to then draw an inductive conclusion. The Result Shows that the weakness referred to is contained in the definition of Controlled Delivery which is still ambiguous and the usefulness of Controlled Delivery is as stated in Law number 35 of 2009 article 45 (j) and article 49 where even though it is used to uncover drug trafficking networks, controlled delivery make investigators pretend to be drug dealers so that those caught are drug users who are the last link in the drug network (end users) so that the information obtained is certainly not as much as when investigators pretend to be buyers (Undercover Buying) even though the view is that drug users are perpetrators need to be reviewed because their condition is not as “perpetrators”, but as “victims” who need a helping hand in order to recover, not punishment. So that the reconstruction referred to in Article 49 of Law Number 35 of 2009 through the addition of the word "while still respecting and protecting the rights of victims of drug abuse as victims" can mean that the rights of victims of drug abuse are recognized and not treated as "Perpetrators" anymore.
ORIGINAL RESEARCH ARTICLE | June 21, 2022
Legal Protection of Online Taxi-bike Driver from Work Accident in Indonesia
Andi Lala, Eman Suparman, Amin Purnawan
Page no 223-230 |
10.36348/sijlcj.2022.v05i06.007
Rapid technological developments have implications for the development of online transportation modes, one of which is Taxi-bike online. Many online Taxi-bike transportation drivers generally carry out professions with the status of a partnership relationship pattern with the company as the partnership is regulated in a civil law agreement. The pattern of relationships that occur between online Taxi-bike drivers and companies that are not based on a working relationship has an impact on the invalidity of Law Number 13 of 2003 concerning Employment, one of which is related to the absence of legal certainty over guaranteed work safety protection for online Taxi-bike drivers. This research provides an understanding of how online Taxi-bike drivers stand with companies and how to guarantee legal protection for work safety for online Taxi-bike drivers according to regulations in Indonesia. The research method in this research is normative juridical with the approach of library materials or secondary data. The results of this study indicate that first, the Taxi-bike company as a partnership-based transportation company has not provided guaranteed protection for the recognition of legal status for its working partners, in this case, the online Taxi-bike driver. Second, there is no regulation on work safety guarantees for online Taxi-bike drivers that are based on partnerships or have not been regulated in laws and rules, so this reason is used as the basis for online transportation companies not to provide compensation or compensation when an accident occurs to online Taxi-bike drivers.
REVIEW ARTICLE | June 25, 2022
Evaluation of Shariah Based Financing Instruments for Infrastructure Growth in Bangladesh
Abdur Rahman, Asma Hakimah Abdul Halim, Ruzian Markom
Page no 231-240 |
10.36348/sijlcj.2022.v05i06.008
This paper is intended to review and discuss the evolution of financing instruments which are implemented on the infrastructure development projects in Bangladesh. To describe the available financing tools for infrastructure development in Bangladesh. All the instruments have divided into three sections, such as; Foreign Direct Investment (FDI), Public Private Partnership (PPP) and Islamic Finance (IF). We also discuss the acts and legislation activities related to the infrastructure as well as these three modes of financing to find out the factors needed to be assessed for suggesting the government of Bangladesh. This is qualitative research utilizing case study. The outcome of this study reveals why Shariah based financing is in fact the best and most suited way of financing the development of infrastructure in Bangladesh. Due to the regulatory constraints, many Islamic financial institutions are unable to invest their funds on infrastructure projects in Bangladesh. It is anticipated that through the outcome of this research, Shariah based financing instrument can be enhanced the infrastructure growth in Bangladesh and it will provide guidance to the potential Islamic financial institutions to contribute the funds required to develop a specific infrastructural project in Bangladesh.