REVIEW ARTICLE | Oct. 7, 2022
An Appraisal on the Protection of the Rights of Accused Persons Standing Trial before a Competent Court of Law under the Cameroonian Legal System
Lombe Viola Epie
Page no 397-405 |
10.36348/sijlcj.2022.v05i10.001
An accused person, otherwise referred to in French as “le prevenu”, is a person who must appear before the trial court to answer to the charge brought against him whether in respect of a simple offence, a misdemeanor or a felony [1]. The Cameroon Criminal Procedure Code upholds the trial rights of accused persons. The code like the 1996 Constitution of Cameroon provides a platform for the implementation of criminal norms in the country. It also helps protect accused persons from arbitrary and unjust laws and sanctions. The present Criminal Code harmonized the two procedural codes that existed in Francophone and Anglophone Cameroon which were the Code d’Instruction Criminelle, and the Criminal Procedure Ordinance respectively. These trial rights of accused persons are upheld through a legal process by the trial courts of Law in Cameroon. This therefore means that the rights of accused persons are therefore suppose to be treated in a particular way during a criminal trial. These rights embody the right to be given something as well as the right to be allowed to do something in a specific manner. Adopting purely qualitative research method involving purely content analysis of cases and relevant statutes, this paper conclude that the government has made efforts in respecting the rights of accused persons standing trial before a competent court of law but its efforts are inadequate. Notwithstanding, finding a compromise between the respects of the rights of accused persons standing trial before a competent court of law with societal interest has never been a trouble-free assignment. To this end, the paper seeks to examine the protection of the rights of accused persons as are confectioned in the criminal procedure code and its extent of implementation as we sought to respond to the main question, to what extent does the Cameroon government guarantee the respect of the rights of accused persons standing trial before a competent court of law?
REVIEW ARTICLE | Oct. 11, 2022
Admissibility of Illegally and Improperly Obtained Evidence in Nigeria - A Lesson from the United State of America and the U. K
Gambo Abdulsalam
Page no 406-415 |
10.36348/sijlcj.2022.v05i10.002
By the provision of Section 36(1)(5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), every accused is entitled to the right to fair hearing and to the presumption of innocence until proven guilty in accordance with procedure permitted by law. In a complementary manner to the Constitution, the administration of criminal justice Act, 2015 of the Country, provides for host of procedures which shall be complied with by the police in criminal investigation. One such provision is Section 6, 15(3) and 17(2) of the Act which provides suspect with the right to silence until after consultation with a legal practitioner of his choice, members of the Legal Aid Council, and members of a Civil Society or other persons of his choice. The Act requires further that statement when volunteered, shall be video or audio recorded and shall be recorded in the presence of a counsel for the suspect or other persons of his choice without providing consequences for non-compliance. Instead, the evidence Act of the Country, 2011 provides for the admissibility of evidence improperly obtained where the same is relevant. In this paper, the writer using the doctrinal research method explores the question whether the legal regime on the admissibility of improperly obtained evidence under the Act, is inconsistent with the international standard on the right to fair hearing enshrined in the Constitution. In the final analysis, the writer makes recommendations for reform.
ORIGINAL RESEARCH ARTICLE | Oct. 12, 2022
Legal Reconstruction of Corruption Act in Indonesia to Realize a Just Law Enforcement
Gunarto, Margono, Sri Endah Wahyuningsih
Page no 416-421 |
10.36348/sijlcj.2022.v05i10.003
The main problem studied in this research is what are the weaknesses in the Enforcement of Corruption Act in Indonesia and how the legal construction based on justice value using 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. The Result Shows that The weaknesses of criminal justice regulations against corruption in the Indonesian legal system consist of the Substance Factors of the Supreme Court Law No. 1 of 2020 only limit the scope of application of Article 2 and Article 3 of the Law, The Legal Structure Factor, namely the composition of the Corruption Court judges, which consists of career judges and ad hoc judges, often does not focus on handling corruption cases because there are career judges who also handle other cases, And then The legal culture factor, that is the attitude of the people who regard corruption cases as a thing of the past and ignorant, the strong culture of reluctance. In order to tackle this, It is necessary to reconstruct the criminal justice regulations against corruption in order to realize fair law enforcement, namely through the establishment of a new permanent expansion of PERMA No. 1 of 2020 concerning Guidelines for the Criminalization of Article 2 and Article 3 of the Corruption Law in order to better reach other articles of corruption and reconstruct Article 10 paragraph (5) of Law No. 46 of 2009 concerning the Corruption Act Court to "The term of office of ad hoc judges is for a period of 5 (five) years and is proposed to be reappointed every 5 (five) years by the Supreme Court".
ORIGINAL RESEARCH ARTICLE | Oct. 12, 2022
Legal Reconstruction of Agreements Defaulting with Guaranteed Liability Rights Based on Pancasila Justice Values
Santi Bunga, Anis Mashdurohatun, Sri Kusriyah
Page no 422-426 |
10.36348/sijlcj.2022.v05i10.004
The problem studied in this research are what are the weaknesses of the current regulation on defaulting on agreements with mortgage guarantees and how is the reconstruction of the regulation of defaulting the agreement with the guarantee of mortgage rights based on the value of Pancasila justice using a sociological juridical research approach, descriptive research specifications, primary and secondary data sources, data collection methods using literature studies and field studies, data analysis using qualitative. The results of the study shows that the Weaknesses in the regulation of default on agreements with mortgage guarantees currently is that there are weaknesses, namely from the aspect of legal substance, legal structure and legal culture. From the aspect of legal substance, there are legal rules regarding the implementation of the encumbrance of Mortgage Rights in a credit agreement. Aspects of the legal structure are still not synergized by law enforcement officers and take sides with one party, in fact often do not side with consumers. From the legal culture, it is necessary to socialize to the community to emphasize the existence of legal protection. Therefore the Reconstruction of the regulation of default of agreement with guarantee of mortgage based on the value of Pancasila justice is by reconstructing Law Number 8 of 1999 concerning Consumer Protection in Article 2, Article 6, Article 14 Paragraph (3) and Article 20 Paragraph (1) of the Law. Number 4 of 1996 concerning Mortgage on Land and Objects Related to Land and the Civil Code Article 1243.
ORIGINAL RESEARCH ARTICLE | Oct. 12, 2022
Reconstruction of Liability for Corruption Involving Corporations Based on the Justice Value
Nurohman, Hartiwiningsih, Sri Kusriyah
Page no 427-432 |
10.36348/sijlcj.2022.v05i10.005
The formulation of the problem in this study is what are the weaknesses of the accountability for criminal acts of corruption involving corporations in Indonesia Currently and How is the reconstruction of the accountability for criminal acts of corruption involving corporations in Indonesia based on the justice value in a Sociological-Juridical Type of Research where the researcher's primary data refers to data or facts and legal cases that are obtained directly through research in the field, including information from respondents related to the object of research and practices that can be seen and related to the object of research. Secondary data is done by means of literature study. Secondary data in this study include: Primary legal materials, which consist of: 1945 Constitution of the Republic of Indonesia, Law No. 2 of 2011 concerning Amendments to Law No. 2 of 2008 concerning Political Parties. The results of the study shows that the weakness of accountability for criminal acts of corruption involving corporations is from the aspect of legal substance, that the purpose of punishment in the Criminal Code has not been properly implemented in corporations. Weaknesses from the aspect of legal structure, that there is no synergy between law enforcers so that they are no longer fragmented, and weaknesses from aspects of legal culture, including the low loyalty of the law enforcement officers in carrying out and carrying out state duties, behavior patterns and professionalism. Apparatus is one of the main problems that must be studied for reform and become a solution in the enforcement of integral corporate criminal responsibility. Therefore the Reconstruction of accountability for criminal acts of corruption involving corporations based on the value of justice is in Article 15 and Article 20 paragraph 8 of Law Number 20 of 2001.
REVIEW ARTICLE | Oct. 12, 2022
Legislative Immunity in Nigeria and the Arrest of Senator Rochas Okorocha by the Economic and Financial Crimes Commission: Interrogating the Law against the Sentiments
Ugochukwu Charles Kanu, D. O Okanyi, Leonard Ibekwe Ugwu
Page no 433-440 |
10.36348/sijlcj.2022.v05i10.006
It is not unusual in Nigeria for persons to engage in confrontation with law enforcement officers in Nigeria at the point of attempt to arrest them. This nation became saddled with this development on the evening of the 24th day of May 2022 when virtually all the television channels in Nigeria and the social media was agog with live pictures from the Abuja, Federal Capital Territory residence of His Excellency Senator Rochas Okorocha. The operatives of the Economic and Financial Crimes Commission (hereinafter referred to as EFCC) with the Nigerian Police in an attempt to arrest the senator encountered resistance as he refused to surrender himself to the law enforcement agents but rather locked all the entrances to his residence. Reasonable force was deployed and some part of the roof and ceiling was pulled off in order to secure access to before he was arrested. This paper seeks to question the propriety or impropriety of the destruction of his property in an attempt to arrest the Senator without warrant of arrest; to examine the immunity of the senator from arrest being a serving senator and a former Governor of a State under the Nigerian laws in comparison with what obtains in foreign jurisdictions.
REVIEW ARTICLE | Oct. 12, 2022
Written and Unwritten Constitutions – Judicial Review in Nigeria and the United Kingdom: are there Lessons for Nigeria?
Ibrahim Sule
Page no 441-450 |
10.36348/sijlcj.2022.v05i10.007
Public authorities, bodies and institutions are established by statutory legislations and must therefore carryout their functions and operations in accordance with those prescribed statutory provisions. At any point those public authorities act outside those statutes, the general public should have unrestricted access to courts in order to checkmate those exegesis. The courts therefore have supervisory jurisdiction on public bodies and institutions under the realm of judicial review to determine the legality or otherwise of public institutions’ decisions affecting the general public or their properties. This article critically analyses the principles of judicial review in the United Kingdom and in Nigeria to see if there is anything the latter can learn form the former.
REVIEW ARTICLE | Oct. 12, 2022
Monetization of Bail Process in Nigeria under the Administration of Criminal Justice Act, 2015 - An Examination of American Experience
Gambo Abdulsalam
Page no 451-461 |
10.36348/sijlcj.2022.v05i10.008
When the Administration of Criminal Justice Act,2015 was enacted, the purpose among others, was the protection of the rights of the suspect/defensdant and the society from crime. In the prosecution of its purpose, the Act provides for the defendant’s right to bail subject to the discretion of the court to stipulate deposit of money among other terms as a condition for the bail. Further more, the Act provides for the establishment of professional surety regime whereby registered bondsmen are allowed to stand surtety for defendant on the payment of fees to be detrmined on agreement with the defendant. The consequence is the growth of bail industry at Abuja and other cities of Nigeria, where bondsmen force relations of defendants to contribute money in payment of their charges in the same manner as ransom is contributed to kidnappers for the freedom of their loved ones in detention. In this paper, the writer appraised the security implication of the new bail regime on Nigeria and its implication on the right of the defendant to presumption of innocence enshrined in the Constitution of the Federal Republic of Nigeria, 1999 (as ameded). In the course of so doing, the writer uses the doctrinal research method and drew from the American experience on the subject before arriving at conclusion.
ORIGINAL RESEARCH ARTICLE | Oct. 14, 2022
Legal Reconstruction on Talak Divorce Regulation Based on Justice Value
Gunarto, Subroto, Anis Mashdurohatun
Page no 462-467 |
10.36348/sijlcj.2022.v05i10.009
The aims of this study are to analyze and find weaknesses in the regulation of legal protection for wives who have been talak divorced by their husbands due to their husband's mistakes and to find a reconstruction of legal protection regulations for wives who are talak divorced by their husbands due to the husband's mistakes based on the value of justice in a research that uses constructivism paradigm. The approach method used is empirical juridical, namely the application of normative legal provisions in action on divorce legal events, especially divorce divorces. The data used are primary data, secondary data, and tertiary data which were analyzed descriptively. The legal theory used is the theory of Islamic justice, the theory of the legal system and the theory of legal protection. The results of the study show that the weakness of the regulation of legal protection for wives who got talak divorced by their husbands due to the husband's fault lies in the unclear article on the type of reason for the divorce and its consequences, especially when the husband who handed down the divorce was the perpetrator of the affair, and the wife as the victim did not receive compensation. therefore, the legal reconstruction can be done by adding new norms to Article 41 of Law no. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage, and also Article 149 of the Presidential Instruction (INPRES) No. 1 of 1991 concerning the KHI, namely: "The ex-husband is obliged to provide compensation in the form of a year's income to the ex-wife if the divorce is due to the husband's fault, but if the husband is unable to fulfill it then he must make a statement of incapacity and apologize to the wife for not being able to do so able to pay for it.”
REVIEW ARTICLE | Oct. 18, 2022
Iranian Criminal Justice System from the Perspective of Restorative Justice Models
Esmaeil Rahiminejad
Page no 468-476 |
10.36348/sijlcj.2022.v05i10.010
Different systems of criminal policy including governmental and social have followed various restorative justice models such as "abolitionist or pure-minded", "separatist or autonomous" and "reformist or maximalist", based on their prevailing political, doctrinal, and ideological values and discourses, and in this regard have focused on various restorative programs such as arbitration councils, mediation, family sessions, as well as healing and sentencing circles. Iranian criminal justice system, unlike other systems, has adopted a different approach to restorative justice, due to its special legal and political structure. This paper analyzes the structure of this system from the perspective of restorative justice models and processes. It explains the prevailing and common model of restorative justice in this system and its limitations and challenges.