ORIGINAL RESEARCH ARTICLE | Sept. 4, 2022
Mental Health in Elements of the Municipal Public Security Directorate of Tlaxcala
Master Alfredo Adan Rios, Master Maximino Hernández Pulido, Dr. Alfredo Adan Pimentel
Page no 339-345 |
10.36348/sijlcj.2022.v05i09.001
In order to know the mental state in elements of the municipal public security directorate of Tlaxcala, an observational and longitudinal study was carried out. 18 (31.5%) of 126 (68.5%) police officers who agreed to participate in the study were studied. A battery of tests made up of 18 general psychometric tests was applied to them. Derived from the diagnosis, 3 people of 31.5% were found, of which 17.46031746031% are elements (users) that would require special attention in terms of their current mental state, and 1 element that comprises 0.793650793650% is a healthy and "normal" element mentally. It is concluded in this study the importance that the police elements are valued in their mental health since the improvement of their professional praxis depends on it.
ORIGINAL RESEARCH ARTICLE | Sept. 9, 2022
Legal Reconstruction of State Administrative Court Decisions Execution Based on the Value of Pancasila Justice
Tri Mulyani, Gunarto, Widayati
Page no 346-354 |
10.36348/sijlcj.2022.v05i09.002
This article discusses the factors that cause the State Administration Agency or Official (TUN Agency or Official) unable to realize a PTUN decision execution that is in accordance with the Pancasila Justice Value currently; and how to reconstruct the execution regulations of the PTUN decisions based on the values of Pancasila justice In a study using the constructivism paradigm and the method of the socio-legal research approach. The data sources in this study consist of primary data sources and secondary data sources consisting of primary legal materials, secondary legal materials, and tertiary legal materials related to the analysis of qualitative descriptive data. The results of the discussion show that the weaknesses that cause the State Administration Agency or Official (TUN Agency or Official) unable to realize a PTUN decision execution that is in accordance with the Pancasila Justice Value currently include 4 things, namely: (1) low compliance and legal awareness of the State Administration Agency or Official; (2) low legal compliance and awareness of the community; (3) the existence of the interests of state administration officials; and (4) there is an error in vision in the use of the authority of his position. Then, the Reconstruction of this regulation is as follows: paragraph (3) regarding the grace period for submitting an application for execution; Paragraph (4) regarding forced efforts, administrative sanctions are emphasized in the form of disciplinary action on dismissal from office; the addition of paragraph (5), regarding the synergy of the implementation of the decision; the addition of paragraph (6) regarding the contempt of court for officials and related parties who do not comply with the decision; paragraph (7) changes regarding hierarchical execution, to execution carried out by an executing agency; paragraph (7) is old, deleted because it is no longer using forced money, and administrative sanctions have been regulated in paragraph (4).
ORIGINAL RESEARCH ARTICLE | Sept. 18, 2022
Legal Reconstruction of the Implementation of Arbitration on Consumer Disputes Based on Justice Value
Gunarto, Asman Siagian, Aryani Witasari
Page no 355-361 |
10.36348/sijlcj.2022.v05i09.003
The purpose of this study is to examine and analyze the weaknesses of the regulations for the execution of arbitration in adjudicating consumer disputes, and reconstructing regulations for the execution of arbitration in adjudicating consumer disputes based on justice value the research are done using a normative-juridical research method which relies on literature review and finding obtained in the field. Based on the findings of this research, several facts and inputs were found in the execution of consumer dispute resolution arbitration where there are still several weaknesses, namely Weaknesses in Legal Substance, which lies in the principles, processes and decisions of consumer dispute resolution through arbitration that is not in tune with Law no. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, weaknesses in the Legal Structure, namely problems in BPSK and Weaknesses in the Community/Consumers, namely the level of consumer awareness of their rights is still low. Based on the results of the research, it is recommended to reconstruct the provisions contained in Perma No.1 of 2006 concerning Procedures for Filing Objections to the Decision of the Consumer Dispute Settlement Agency, the amended provisions are Article 6 paragraph (2) and paragraph (5) as well as in Article 54 paragraph (3) Law no. 8 of 1999 concerning Consumer Protection.
REVIEW ARTICLE | Sept. 20, 2022
Virtual Corporate Meetings in Nigeria A Fall Out of the COVID 19 Pandemic
Mrs. S. T. James
Page no 362-366 |
10.36348/sijlcj.2022.v05i09.004
Meetings are integral to the operations of statutory corporations and incorporated companies. However, based on the current pandemic, restrictions were placed on public gatherings which meant that corporations in Nigeria (which hitherto mostly had physical meetings), could not conveniently meet at physical venues. While it was a norm for groups to hold their meetings electronically, it is questionable if corporations in Nigeria could properly hold virtual General Meetings. This article seeks to consider the regularity or otherwise of Virtual General Meetings with regards to incorporated entities under the Corporate Affairs commission.
REVIEW ARTICLE | Sept. 20, 2022
COVID-19 and the Shut Down of Courts in Nigeria; Any Hope for the Awaiting Trial Detainees?
Mrs. S. T. James
Page no 367-370 |
10.36348/sijlcj.2022.v05i09.005
The outrageous number of Awaiting Trial Inmates is one of the know fallouts of the weak criminal justice system of Nigeria. This phenomenon was egregiously exposed during the Covid-19 Pandemic. In the face of the lockdown and consequent shut down of courts, the fate of these inmates is largely uncertain. This article considers the fairness of this treatment by considering the pre-trial rights of defendants under the Nigerian Constitution. It recommends the issuance of Bondsmen Regulation to ease the process of perfecting bail in Nigeria. The article concludes by advocating for a complete over haul of the Nigerian Bail System.
REVIEW ARTICLE | Sept. 20, 2022
Re-Appointment of Directors and Commissioners in the Same Position in a Limited Liability Company
Henry Aspan, Ocdy Amelia, William Lam
Page no 371-375 |
10.36348/sijlcj.2022.v05i09.006
A limited liability company (PT) or Naamloze Vennootschap (NV) is a legal entity to run a business that has capital, with the organs of the company being the General Meeting of Shareholders (GMS), Directors, and Commissioners. Based on the explanation of Law Number 40 of 2007, the appointment of the Board of Directors is the authority of the GMS. The Board of Directors has the authority to represent the company both inside and outside of the court. Likewise, the Board of Commissioners is also the authority of the GMS. The Board of Directors has the authority to supervise the company which is carried out by the Board of Directors. Directors and Commissioners are appointed for a certain term of office in accordance with the Articles of Association and/or the decision of the GMS. If their term of office has expired, the Directors and Commissioners can be reappointed. The GMS can, however, decide at any time to get rid of the Board of Directors and Commissioners.
ORIGINAL RESEARCH ARTICLE | Sept. 24, 2022
Legal Reconstruction of the Termination of Highway Traffic Accident Investigation Based on the Values of Justice
Gunarto, Sugeng Riyadi, Ramlan, Agusta Ridha Minin
Page no 376-381 |
10.36348/sijlcj.2022.v05i09.007
The research aims to analyze the weaknesses of the current rules for stopping the investigation of road traffic accident cases and how to reconstruct the rules for stopping the investigation of road traffic accident cases based on the value of justice. To achieve this goal, an empirical juridical approach is used. The research specification is descriptive analysis. Primary data was obtained directly from the field. Collecting data through field studies (interviews) and literature studies. The data is presented in the form of descriptions that are arranged systematically, logically, and rationally, and analyzed using qualitative descriptive techniques. Research shows that the weaknesses are caused by the imposing conditional crimes which include the following: (1) the legal substance, related laws, and regulations have not accommodated the unique traffic accident cases. (2) Legal structure, not all Resort Police (Polres) implement traffic accident cessation based on restoration justice. (3) The legal culture and public views on stopping the investigation of road traffic accident cases have not been fully understood by the public. and based on this, the legal Reconstruction of stopping investigations of road traffic accident cases based on the value of justice can be done by encouraging the immediate ratification of the Draft Criminal Code into the National Criminal Code, by expanding the basic criminal sanctions on traffic accident cases in the form of humanitarian assistance based on the agreement of the litigants. With the following formulas: 1. The agreement of the litigating parties is requested for a resolution/deed of reconciliation to the Court Judge. 2. The decree/deed of peace has legal force and executorial power as well as control by state institutions outside the police as investigators. 3. The deed of peace from the judge is used as the basis for stopping the investigation for the sake of the law because the application of restorative justice is needed in order to realize a fair and transparent law.
ORIGINAL RESEARCH ARTICLE | Sept. 24, 2022
Legal Reconstruction of Underaged Drug Abuser Rehabilitation Based on Justice Value
Bambang Tri Bawono, Nasokha, Lazarus Trisetyawan
Page no 382-387 |
10.36348/sijlcj.2022.v05i09.008
The purpose of this research is to analyze and find the weakness in the regulation of rehabilitation for underaged narcotics abusers and how to reconstruct the law based on Justice Value. This study uses a constructivism paradigm with a sociological juridical approach to solve research problems by examining secondary data and primary data by finding the legal reality experienced in the field as well as qualitative descriptive methods, namely where the data obtained are then arranged systematically so that a comprehensive picture will be obtained, where later the data will be presented descriptively. Based on the research it can be seen that the ideal Legal protection for children as narcotics abusers has not been achieved yet because there are still found cases where children who abuse narcotics are punished with imprisonment because of the law on child protection and the law on narcotics does not see in eye-to-eye regarding child narcotics abusers as the law on narcotics still treat Underaged Drug Abusers the same as adult. Therefore, it is necessary to carry out legal reconstruction in the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics concerning General Provisions of Article 1, Article 103 where the provisions become, the addition of paragraphs in Chapter I on General Provisions in Article 1 so that Article 1 consists of 23 reconstruction paragraphs included in Article 1 paragraph (16), namely Children who are Victims of Narcotics Abuse, are children who are persuaded, deceived, cheated, forced, and/or threatened to use narcotics, alcohol, psychotropic substances, and other addictive substances. Article 103 becomes (1) Judges who examine cases of Narcotics Addicts are obliged to: a. decide to order the person concerned to undergo treatment and/or treatment through rehabilitation if the Narcotics Addict is proven guilty of committing a Narcotics crime; or b. stipulates to order the person concerned to undergo treatment and/or treatment through rehabilitation if the Narcotics Addict is not proven guilty of committing a Narcotics crime; c. In the event that a child commits an act of planting, maintaining, possessing, storing, controlling, or providing Narcotics Category I, II, II, he/she is obliged to obtain a rehabilitation decision; d. The rehabilitation of children who abuse narcotics is carried out in accordance with applicable laws and regulations.
REVIEW ARTICLE | Sept. 27, 2022
Heralding an Equitable Union in Nigeria: Scrutinizing the Impact of the 1999 Constitution of the Federal Republic of Nigeria (As Amended)
D. O. Okanyi, Ugochukwu Charles Kanu, Leonard Ibekwe Ugwu
Page no 388-396 |
10.36348/sijlcj.2022.v05i09.009
The antiquity of the Federal Republic of Nigeria is replete with the search for effective and efficient models of governance to aid harmonious co-existence among the federating units. This has unfortunately led to an unending discussion on constitutional restructuring. The Legal framework and the institutions charged with the responsibilities of developing these models is and are established by the 1999 Constitution of the Federal Republic of Nigeria (as amended). Nigeria is increasingly becoming a theatre of war and terrorism centre where human life is not valued. Nigeria is stressed and distressed, with ‘revolutionary pressures’ everywhere. How did we get to this gridlock? How do we get out of it? And where do we go from here? Why is a country that was once ranked with India, Malaysia, Singapore, and South Korea still moving in circles instead of moving up? Why are we still a country in transition, more than a century after the Amalgamation? Are we fated to be a banana republic? This paper is to examine, cross-examine and re-examine these and other questions. It is the view of the researchers that all though the 1999 Constitution of the Federal Republic of Nigeria (as amended) is not a perfect document, the major problem is that those saddled with the responsibility of implementing the provisions of the constitution are allowing the primordial sentiments of ethnicity and religious inclinations to becloud their sense of patriotism and nationhood, hence the constitution is implemented more in breach and default. There is therefore the need for a mental re-orientation and national re-birth to forge a greater sense of unity among the diverse ethnic groups that make up the Nigerian nation. The paper concludes by suggesting for the rapid mental renovation of political office holders and all citizens to embrace the rule of law where justice, fairness, and equity will regulate human conduct. This will ultimately metamorphosed into building a strong institution rather than strong personalities in Nigeria. The researchers ultimately advocates for sincere implementation of the provisions of the constitution as it is, pending constitutional amendment. The research methodology utilized by the researchers is the Qualitative Research methodology.