REVIEW ARTICLE | Feb. 2, 2023
Joint Charge against Defendants in Rape Cases - A Legal Impossibility?
Nasiru Tijani, Lukman Olakunle Alimi, Salihu Ololu
Page no 42-54 |
10.36348/sijlcj.2023.v06i02.001
The successful prosecution of offences, including sexual offences like rape, is sometimes dependent on the framing of the charge or information by the Prosecutor. This takes additional complexity where the offence is committed by two or more suspects. In framing the charge, should the defendants be charged in one count or several counts for the rape of the victim but in the same charge sheet or information? And where two or more persons set out to commit rape but only one of them penetrated the prosecutrix, can all the defendants be charged in one count with rape? Or is it only the defendant who penetrated the victim that can be charged with rape whilst others are charged in different count with kindred offences like sexual assault or attempt to commit rape? This paper examines the rules of drafting of charges within the context of sections 7 of the Criminal Code Act and similar provisions in the Penal Code in relation to the vital ingredients of rape and argues that where two or more suspects are accused of actively participating in the commission of rape in jurisdictions where the Criminal Code Act applies, they should be charged jointly in the same count and in the same charge sheet or information. Whereas in jurisdictions where the Penal Code applies, each person who penetrated the victim should be charged with rape whilst others should be charged with abetting the rape in a separate count but in the same charge sheet. Adopting a doctrinal methodology, a critical examination of the relevant authorities in Nigeria and other jurisdictions will be undertaken. It will be recommended that where more than one defendant is charged in a count for rape, this should not vitiate the charge as such charge is actually technically valid.
REVIEW ARTICLE | Feb. 7, 2023
Forests Communities’ “Bundles of Rights” in Cameroon: A Forgone Aspiration towards Sustainable Management of Industrial Forestry
Ayuk Macbert Nkongho
Page no 55-76 |
10.36348/sijlcj.2023.v06i02.002
Forests ecosystem englobes abundant natural resources in which the world population highly depends on for their existence. Internationally, the 1992 Rio Declaration and the 1992 Convention on Biological Diversity amongst others, has categorically prescribed universal legal standards for the protection of the rights of forests communities. In Cameroon, forests with its natural resource endowments (timbers and non-timbers) has been considered by many as the cultural heritage of most local communities and a source of government revenue. Without mincing words, the forestry law and other related laws have given local communities bundles of rights to sustainably use and manage forest resources. However, these rights remain wanting due to ineffective implementation. As a result, local communities are prone to abject poverty, misery and paradox of plenty or rather put it “Tragedy of the Commons”. In this vein, the paper therefore, seeks to address the following worries: What type of rights do these forests communities exercise? Are the provisions of the law with regard to local communities’ rights and interests in the sustainable management of industrial forestry respected and if so, to what extent? What difficulties do local communities encounter in exercising these bundles of rights? Legally, the methodology employed in this article is purely doctrinal which is based on both primary and secondary data. The paper therefore, concludes with some robust recommendations which if effectively implemented and enforced will go a long way to guaranteed the rights of forest communities and thus, enhance sustainable industrial forestry management.
ORIGINAL RESEARCH ARTICLE | Feb. 12, 2023
Evaluation of Current Investigations and Future Directions in White-Collar Crime
Swati Sarkar
Page no 77-82 |
10.36348/sijlcj.2023.v06i02.003
Background: White-collar crime refers to illegal activities that individuals or organizations commit during business or professional activities. These crimes are often financially motivated and include embezzlement, fraud, bribery, money laundering, and insider trading. White-collar crime can have significant consequences for individuals, organizations, and society. Objectives: The objectives of research on white-collar crime may include understanding the motivations and behaviors of those who engage in such activities and identifying the organizational and societal factors. That contributes to the prevalence of white-collar crime and the development of new methods for detecting and preventing white-collar crime. Method: This review highlights and assesses recent (primarily during the past decade) contributions to white-collar crime theory, new evidence regarding the sentencing and punishment of white-collar offenders, and controversies surrounding crime prevention and control policies. Several promising new directions for white-collar crime research are identified, as are methodological and data deficiencies that limit progress. Results: The results of a study on white-collar crime can vary depending on the specific research question and methods used. However, some common findings include the prevalence of certain types of white-collar crime, the characteristics of individuals and organizations that are most likely to engage in such activities, and the impact of white-collar crime on individuals, organizations, and society as a whole. Conclusion: The research conclusion on white-collar crime may summarize the main findings, highlight the implications of the research, and make recommendations for future research. Evaluation of Current Investigations and Future Directions: Current investigations on white-collar crime have greatly improved our understanding of white-collar offenders' motivations, behaviors and methods. However, there are still areas that need further exploration, such as the study of the psychological profiles of white-collar offenders, the impact of technology on white-collar crime and its detection, and the examination of the role of organizational culture in the commission of the white-collar crime. It is also crucial to focus on the development of effective interventions and policies to prevent white-collar crime from happening. Future research may also consider the global and cross-cultural dimensions of white-collar crime.
ORIGINAL RESEARCH ARTICLE | Feb. 12, 2023
Reconstruction of the Ideal Position of the Corruption Eradication Commission in the Indonesian State System Based on Justice Values
Ahmad Baidowi, Gunarto, Muhammad Junaidi
Page no 83-90 |
10.36348/sijlcj.2023.v06i02.004
This study aims to identify and analyze the construction of the position of the Corruption Eradication Commission in the current state administration system, find the weaknesses and position of the Corruption Eradication Commission in the current state administration system, and find answers to the efforts that should be made in the future to ideally reconstruct the position of the Corruption Eradication Commission—based on Pancasila. The approach method used is socio-legal research which is a study that "integrates" doctrinal legal studies with social studies. The results of this study were obtained and it was concluded that: (1) The position of the Corruption Eradication Commission legally is a state institution of the executive family which has implications if the Corruption Eradication Commission can be made the object of the Right of Inquiry by the People's Representative Council of the Republic of Indonesia and the position of the Supervisory Board which is one of its powers increasingly giving a new color, which includes the permit process for Wiretapping, searches, and confiscation, which is mandatory for the Corruption Eradication Commission to the Supervisory Board which will have implications for the problem of intervention, certain political interests towards the Corruption Eradication Commission that enter through the Supervisory Board. (2) Reconstruction of the ideal position of the Corruption Eradication Commission in a constitutional system based on Pancasila values of justice is the Corruption Eradication Commission as a unique agency carrying out the functions of judicial power in the field of prevention and prosecution of criminal acts of corruption that are free, independent and may not receive interference from the executive or legislature in carrying out its position. By the values of Pancasila, namely social justice for all Indonesian people, where the relevance is that the Corruption Eradication Commission's power as a law enforcer must be positioned by efforts to achieve justice with the support of the Corruption Eradication Commission's ideal position in the constitutional system. To strengthen the reconstruction of values, the legal reconstruction should ideally be carried out by amending several articles, namely Article 3, Article 21, Article 30, and Article 37B paragraph 1 b, in Law Number 19 of 2019 concerning the Corruption Eradication Commission. So that the position of the Corruption Eradication Commission is no longer under the auspices of the executive but at the judiciary which is independent and independent.
ORIGINAL RESEARCH ARTICLE | Feb. 12, 2023
Legal Reconstruction of Parking Land Management Regulations in Public Space Based on Justice Value
Gunarto, Muzwar Irawan, Sri Kusriyah
Page no 91-96 |
10.36348/sijlcj.2023.v06i02.005
The purpose of this research is to analyze and find weaknesses in the regulation of parking management in public spaces that are unable to fulfill justice value and how to reconstruct the law. The method used by researchers is a sociological juridical approach, research conducted on the real situation of society or in this case, the Medan City in Indonesia to find facts, and then identify which ultimately leads to problem-solving of the problem regarding Parking Land Management. The results of the study show that based on the weaknesses found by the author, the Reconstruction of Regulations for Parking Management in Public Spaces Based on the Value of Justice can be done by revising the regional spatial layout as requested, reducing access to spatial planning information, Mitigating sanctions for spatial violations, improving planning synchronization, and, lastly, evaluating the planning budget.
ORIGINAL RESEARCH ARTICLE | Feb. 12, 2023
Legal Regulations to Protect Availability of Sustainable Food Farming Land
Jeany Anita Kermite, Grace Mouren Febiola Karwur, Wulanmas A.P.G Frederik, Toar Kamang Ronald Palilingan
Page no 97-100 |
10.36348/sijlcj.2023.v06i02.006
Protection of agricultural land, especially sustainable food agricultural land has become an obligation for the government to make various policies, both in the form of laws and other regulations. However, if the efforts to control food agricultural land do not receive adequate support or are not integrated into the integrated development of the agricultural sector, these efforts will not succeed. This research uses a descriptive method is a method that examines the status of human groups, an object and a condition, a system of thought or an event in the present. It was conducted in North Sulawesi Province as a research location based on the reality of the many spatial problems in this area. The results showed that the implementation of LP2B in North Sulawesi Province is only in planning and has not been implemented properly by the local government or the Land Office in the implementation of land conversion because there is no regional regulation that stipulates LP2B and there is no map available as a reference in controlling the conversion of agricultural land in North Sulawesi Province. Efforts that can be made in optimizing the implementation of control over land use change through LP2B are the effectiveness of communication, socialization, coordination between agencies, formation of the LP2B team, capacity building of resources that are implementing policies, and financial resources. The government of North Sulawesi Provincial needs to form a Regional Regulation on sustainable agricultural food land accompanied by a map attachment so that it does not create uncertainty in its implementation.
ORIGINAL RESEARCH ARTICLE | Feb. 14, 2023
Legal Reconstruction of Indigenous Land Registration Regulations Based on Dignified Justice
Sri Wahyuni, Teguh Prasetyo, Umar Ma’ruf
Page no 101-107 |
10.36348/sijlcj.2023.v06i02.007
Land registration is a series of activities, carried out by the State/Government continuously and regularly, in the form of collecting certain information or data regarding certain lands in certain areas, processing, storing, and presenting them for the benefit of the people, to provide guarantees legal certainty in the field of land including the evidence and its maintenance. This research focuses on 2 (two) problems, namely the weaknesses of customary land registration regulations based on the value of dignified justice and efforts to reconstruct customary land registration regulations based on dignified justice. This research approach method uses a juridical-empirical approach with research specifications that use analytical descriptive. The results of the research and discussion state that (1) Weaknesses in the regulation of customary land registration are based on the value of dignified justice. Land registration of parcels has weaknesses from the regulatory aspect, weaknesses from the legal structural aspect, weaknesses from the legal cultural aspect, then in reality there is growing dissatisfaction with the negative publicity system (positive elements in the bureaucratic system and public services of the National Land Agency. (2) Reconstruction regulations on customary land registration based on dignified justice Article 97 Government Regulation of the Republic of Indonesia Number 18 of 2021 Concerning Management Rights, Land Rights, Flats Units, and Land Registration states that land certificates, compensation certificates, village certificates, and others of the same type intended as information on land tenure and ownership issued by the village head/sub-district head may be used as a guide in the context of land registration.
ORIGINAL RESEARCH ARTICLE | Feb. 14, 2023
Legal Reconstruction of Absentee Land Registration Arrangements through Complete Systematic Land Registration Based on Justice Value
Roswandi, Anis Mashdurohatun, Sri Endah Wahyuningsih
Page no 108-114 |
10.36348/sijlcj.2023.v06i02.008
The objectives of this study are to analyze the weaknesses of the absentee land registration arrangements through Complete Systematic Land Registration (PTSL) that are not yet fair, and how to reconstruct the law based on justice value. The research method used is socio-legal research, using the constructivism paradigm. The approach method used in this research is social legal research, concept approach, and comparative approach. This research uses primary data and secondary data. Data collection techniques through interviews, observation, and literature studies. The data collected was analyzed qualitatively. The legal theory used as an analysis tool is the grand theory of Pancasila justice and the rule of law theory, the middle theory of legal system theory, and the applied theory of development law theory and progressive law theory. The results of the study found that the Weaknesses in legal substance namely Article 5, Article 7, Article 25 paragraph 1, Article 30 paragraph 2, and Article 32 of Minister of Agrarian Regulation Number 6 of 2018 concerning Complete Systematic Land Registration (PTSL), Weaknesses in the legal substance of absentee land registration arrangements in the Minister of Agrarian Regulation Number 6 of 2018 concerning Registration Complete Systematic Land (PTSL), while the legal structural weaknesses in absentee land registration are limited land management, limited number and capacity of human resources, limited quantity and quality of measurement facilities and infrastructure, and weaknesses in the legal culture of society, namely economic and social factors. Therefore the Reconstruction of absentee land registration arrangements through the Complete Systematic Land Registration based on Pancasila values of justice in the arrangement of absentee land registration must not contradict religious values and beliefs, protect the rights of citizens, and uphold the values of unity and equality, and able to protect the wider community, and the rules are clear and do not cause conflicts with higher rules as contained in the Minister of Agrarian Regulation Number 6 of 2018 concerning Complete Systematic Land Registration (PTSL).
ORIGINAL RESEARCH ARTICLE | Feb. 14, 2023
Legal Reconstruction of Financial Technology Crime Sanction Regulations Based on Pancasila Justice
Muchammad Yogi Prawira, Gunarto, Sri Endah Wahyuningsih
Page no 115-121 |
10.36348/sijlcj.2023.v06i02.009
In a very rapid economic development, it cannot be denied that the absorption of credit in people's lives is growing rapidly. In this case, in all the use of products or services by consumers, consumers have the right to obtain legal certainty corporate bullying billing financial technology is one of the most publicly highlighted violations of law today. This study has 2 (two) main problems, namely to identify and analyze the weaknesses that result in the implementation of criminal sanctions regulations in financial technology criminal cases in Indonesia that are currently not fair and attempts to reconstruct criminal sanctions regulations in financial technology criminal cases based on Pancasila justice. This research method uses a juridical-empirical approach. Analysis of primary and secondary data is carried out using a descriptive-analytical method. The results of the research and discussion show that the weaknesses that result in the implementation of criminal sanction regulations in financial technology crime cases in Indonesia are that they do not contain criminal threats for violating the provisions of Article 44 paragraph (1) of the Republic of Indonesia Financial Services Authority Regulation Number 10/Pojk.05/ 2022 Regarding Technology-Based Co-Funding Services. Efforts to reconstruct the regulation of criminal sanctions in financial technology crime cases based on Pancasila justice, namely by adding criminal provisions to the criminal provisions in Article 44 of the Regulation of the Financial Services Authority of the Republic of Indonesia Number 10/Pojk.05/2022 Concerning Information Technology-Based Joint Funding Services by adding one paragraph. So that the provisions in Article 44 of the Regulation of the Financial Services Authority of the Republic of Indonesia Number 10/Pojk.05/2022 Concerning Information Technology-Based Joint Funding Services.
Acid violence is a serious issue in Bangladesh and is considered one of the worst forms of violence against women. Bangladesh is surrounded by a number of problems some of the fundamental issues also available in this country. The discrimination among the males and females is very much visible here. This article provides an overview of acid violence in Bangladesh, including its causes, consequences, and efforts to prevent and respond to the problem. The state, society, guardians and worldwide organizations need to assume reciprocal parts in disposing of this work. Specialized collaboration to legislatures, non-administrative associations and different offices in this attempt should be emphatically advanced.
ORIGINAL RESEARCH ARTICLE | Feb. 23, 2023
Legal Reconstruction of Freedom of Religion and Belief Principle in Ensuring a Just Legal Treatment
Muhammad Husni Fahruddin, Mahmutarom, Ramon Nofrial
Page no 127-133 |
10.36348/sijlcj.2023.v06i02.011
This study aims to analyze and find weaknesses in regulations and carry out reconstruction of regulations on freedom of religion and belief in ensuring fair legal treatment in empirical-Juridical Research. The results of the research show that the regulations on freedom of religion and belief in guaranteeing fair legal treatment by realizing legal protection for adherents of religions and minority beliefs are not yet fair as there is still discrimination that occurs to minorities, therefore reconstructing Article 1 of Law Number 1/PNPS/1965 concerning the prevention, abuse, and/or blasphemy of religion and Reconstructing the Law of the Republic of Indonesia Number 1 of 2023 (which will take effect after three years from the date of promulgation or three years after January 2, 2023), Concerning the Criminal Code specifically in Chapter VII concerning Crimes Against Religion, Beliefs, and Religious or Belief Life, Article 300 reads: "Any person in public who" is reconstructed becomes "everyone who" commit acts of a hostile nature; express hatred or hostility; or incitement to violence, or discrimination, against religion, other people's beliefs, groups, or groups on the basis of religion or belief in Indonesia, shall be punished with imprisonment for a maximum of 3 (three) years or a maximum fine of category IV.
ORIGINAL RESEARCH ARTICLE | Feb. 28, 2023
Legal Reconstruction of Land Dispute Regulation in Indonesia Based on Pancasila Justice
Reza Fahmi, Sri Endah Wahyuningsih, Sri Kusriyah
Page no 134-140 |
10.36348/sijlcj.2023.v06i02.012
The purpose of this study is to find out and analyze the Weaknesses of Indonesia's Current Land Dispute Regulations and how to Reconstruct Indonesian Land Dispute Regulations Based on Pancasila Justice. This study uses a constructivist paradigm with a sociological juridical approach to solving research problems by examining secondary data and primary data by finding legal realities experienced in the field as well as qualitative descriptive methods. Based on the results of the research, it was found that the Weaknesses of Indonesia's Current Land Dispute Regulations Fundamentally, the land is an asset with high economic value and is very vital for human life, so in this case many parties seek to profit from various transactions related to land. Despite the fact that landowners are legally required to register their rights to their property, it is not uncommon to find a phenomenon nowadays of landowners who do not want to properly register their ownership rights to land. This usually happens due to various factors such as the process which is considered too long and will take up a lot of time and money they have. Reconstruction of Indonesian Land Dispute Regulations Based on Pancasila Justice because in general, justice is a universal value that includes recognition and respect for everyone's legal rights and safeguarding freedom, honor, and property through upholding truth and justice. Then, the balance of rights and obligations is one of the most important characteristics of justice. Furthermore, Justice is also seen as the ability to stand in the middle of two things and give everyone what he deserves. In this case, every living thing in the process is very closely related to the concept of justice in the use and use of land.