REVIEW ARTICLE | Aug. 1, 2023
Guns (Fire Arms) from Men at Home to Boys in the Bush in the Bamenda Grass Field: A Diagnosis of the Ongoing Armed Conflict Experience
Ngam Confidence Chia
Page no 382-388 |
DOI: 10.36348/sijlcj.2023.v06i08.001
The protracted claim of marginalization, subjugation, neglect, and disregard by individuals and political groups in the part of the Republic of Cameroon that was colonized by Britain known as Anglophone Cameroon metamorphosed into an armed rebellion in 2017. This came as a result of confused talks /dialogue sessions between the Cameroon government and the Anglophones Teachers/Lawyers trade Unions in Bamenda. While the Cameroon government played for time to implement the resolutions of the talks, the self-appointed leaders of the Anglophone communities who had been beating the drums of War on all social media platforms from their safe hoods in the Diaspora lost their patience and ordered an all recruitment of boys and girls into an army which went by different appellations. Without adequate preparations for War either in the dimension of training, money, or weaponry, so many people in Anglophone Cameroon were both persuaded and brainwashed to abandon their daily chores to join the ranks of the make-shift fighting scouts; amba militia that went by a myriad of appellations. The recruits profited from the chaos and disorder to seize guns that formed the nucleus of nobility, honour, and wealth of the people of the grass fields and took these arms of honour to their camps mostly in the bushes to carry out the War assignments. The prime target of the make shift militia as heralded by this deeply aggrieved faction of the English-speaking Cameroon was to secure a quick victory over the Cameroon army and agencies thereby, liberating Anglophone Cameroon from what they called colonization, domination, marginalization or, or imperialism. Guns at home in the Grass fields before 2017 were kept by dignified individuals mainly titled and wealthy men. The gun culture that reigned then was regulated both by a sort of intrinsic morale that formed a pattern of prestige and social effervescence beyond common compare but their mass seizure by these hurriedly formed boys under the guise of rage and furry became a source of worry and danger to the social, political and material wellbeing of the people within this niche. This paper has exploited primary and secondary sources to underscore the trouble encountered by this unfortunate guns shift from the houses to the bushes in the Bamenda grass fields. It argues that the guns at home and with dignified men served purposes that were for the most part peaceful and defensive but those in the bushes simply inaugurated an age of violence and wanton destruction uncommon to the grass fielders in all its historical time scale.
ORIGINAL RESEARCH ARTICLE | Aug. 10, 2023
Crime Analysis of Payment Transactions Using Checks and Giro Bilyets
Iwan Ridwan Paturochman
Page no 389-392 |
DOI: 10.36348/sijlcj.2023.v06i08.002
Background: The growing level of crimes committed by unscrupulous businessmen related to payments using blank checks or giro drafts makes it important to conduct research whether this includes criminal law in the realm of criminal law or only civil law. Object: The object of this research is a payment crime involving the use of blank checks and demand deposits in a banking environment. The purpose of this analysis is to ascertain whether this is a crime that belongs to the realm of crime or not. Method: The research method used is literature study and relevant data analysis. In this analysis, data were collected on payment crime cases using blank checks and demand deposits, as well as interviews. The data includes statistics, case studies, and reports from law enforcement and related financial institutions. Result: The results of the analysis show that payment traffic using blank checks and giro forms is a form of criminal offense in accordance with articles 378 and 379a of the Criminal Code in Indonesia. Payments using blank checks and demand deposits have a significant impact on banking and society. This crime is detrimental to the parties who become victims, such as traders, entrepreneurs, and individuals who receive payments with these financial instruments. Several factors that influence payment crimes include technological developments, lack of public awareness, ineffective banking supervision systems, and the increased ability of criminals to manipulate financial instruments. In an effort to deal with payment crimes using blank checks and demand deposits, effective preventive measures and law enforcement are needed. These efforts include increasing public awareness of the risks and signs of this crime, increasing the security of financial instruments, cooperation between banks and law enforcement agencies, and using more sophisticated security technology.
REVIEW ARTICLE | Aug. 15, 2023
A Legal Critique of the Offence of Murder Arising from the Doctrine of Last Seen
Emmanuel K. Adetifa, Oluwayemi O. Ogunkorode
Page no 393-398 |
DOI: 10.36348/sijlcj.2023.v06i08.003
Man is a social animal that interacts and associates with other people in his environment. But there are situations where his human relationship may be negatively impacted. One of such instances is a situation where the person who was last seen with the accused dies and the accused is presumed to be liable for the death of the person. The doctrine of last seen is often relied upon by the prosecution in such circumstance. The doctrine of last seen is a principle in the offence of homicide particularly murder. It is one of the concept or principles that points to the accused person as the culprit responsible for the death of the deceased/victim. For an accused person to be held liable and convicted for the death of the deceased, the evidence of the prosecution must be compelling, irresistible and point to the accused person. This study examined and carried out a critique of the doctrine of last seen as one of the principles of murder with particular reference to an examination of the concept of murder, the doctrine of last seen, the exceptions thereto and the consideration of the doctrine of last seen in India. This study adopted doctrinal research methodology and also placed reliance on both primary and secondary sources. This study concluded that this doctrine should be painstakingly applied to avoid a hasty and erroneous or fatal conclusion as to the cause of death of a person who was last seen with the accused person.
ORIGINAL RESEARCH ARTICLE | Aug. 18, 2023
Reconstruction of Regulation of Giving False Testimony at Pretrial Sessions in Corruption Cases in Indonesia Based on Pancasila Justice
Muhammad Ilham Samuda, Anis Mashdurohatun, Sri Endah Wahyuningsih, Hartiwiningsih
Page no 399-407 |
DOI: 10.36348/sijlcj.2023.v06i08.004
Based on the Constitutional Court Decision Number 21/PUU-XII/2014 Determination of the suspect as one of the objects of pretrial which in practice the trial process presents fact witnesses which has an impact on giving false information as referred to in Article 22 Jo Article 35 of Law Number 31 of 1999 concerning Eradication of Acts Corruption Crime. This study aims to analyze and find a reconstruction of the determination of the suspect in giving false testimony at the pretrial hearing in Article 22 of the Corruption Crime Law in Indonesia based on Pancasila justice. This research is a qualitative descriptive research. The approach used in this research is social legal research. In this study it was found that the Regulation of giving false testimony at the Pretrial hearing in Article 22 of the Corruption Crime Law in Indonesia after the Constitutional Court decision Number 21/PUU-XII/2014 has not been based on Pancasila values of justice, because law enforcement is against witnesses who give false statements in pretrial hearings. Corruption has not been regulated clearly and unequivocally in Article 22 of Law 31/1999, so that in practice there are differences in perceptions between investigators who are given the authority to determine suspects and judges who examine the principal case. Reconstruction of Regulations The regulation for the determination of suspects for giving false testimony at the Pretrial hearing in Article 22 of the Corruption Law becomes Paragraph (1). Everyone as referred to in Article 28, Article 29, Article 35, or Article 36 who intentionally does not provide information or provides information that is not true, shall be punished with imprisonment for a minimum of 3 (three) years and a maximum of 12 (twelve) years and/or a fine of at least Rp. 150,000,000.00 (one hundred fifty million rupiahs) and a maximum of Rp. 600,000,000.00 (six hundred million rupiahs). Paragraph (2). Punished with the same punishment as paragraph 1 (one) if the act is committed at a pretrial hearing.
ORIGINAL RESEARCH ARTICLE | Aug. 18, 2023
The Concept of Law Enforcement of the Crime of Theft through a Restorative Justice Approach
Fajar Seto Nugroho, Anis Mashdurohatun, Bambang Tri Bawono, Jamal Wiwoho
Page no 408-423 |
DOI: 10.36348/sijlcj.2023.v06i08.005
This research is considered important because efforts to resolve general criminal cases in Indonesia through a restorative justice approach can be realized if a regulation of material criminal law can be substantively reconstructed to provide legal certainty for justice seekers in a restorative justice manner. There was a conflict between Das Sein and Das Sollen. There are three problems raised in this dissertation research, which are about how the concept of law enforcement for criminal acts of theft through a restorative justice approach. To analyze these problems used the social legal research method. The results of this study found that the restorative justice approach is to realize the implementation of restorative justice in the settlement of general crimes with substantive legal, progressive, efficient and just powers. Reconstruction of several articles consisting of formal and material laws and regulations as well as law enforcement implementing regulations including the Criminal Code, the Criminal Procedure Code, the Prosecutor's Office Regulation of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice, Regulations Kapolri Number 14 of 2012 concerning Investigation Management, Kapolri Regulation Number 3 of 2015 concerning Community Policing. The concept of upholding the crime of theft through a restorative justice approach is to realize sentencing efficiency and a change in the sentencing paradigm. Looking at the phenomenon of the Indonesian judiciary which is very crowded from the accumulation of case files as an illustration of the large number of cases in this Republic, the condition of prisons that are over capacity, as well as the increasingly high state budget for financing legal proceedings.
ORIGINAL RESEARCH ARTICLE | Aug. 18, 2023
Model of Narcotics Criminal Investigation Authority between BNN and Police of the Republic of Indonesia Based on Justice Value
Gusti Mulyadi, Anis Mashdurohatun, Eko Soponyono, H. M. Ercham Amin
Page no 424-437 |
DOI: 10.36348/sijlcj.2023.v06i08.006
The purpose of this study is to analyze and discover a new concept of the authority of the National Police and the National Narcotics Agency in investigating narcotics crimes based on justice. The approach method used in this research is social legal research. This research uses primary data and secondary data. Data collection techniques through literature studies, interviews and questionnaires. The data collected was analyzed qualitatively. The results of the study found that the authority to investigate narcotics crimes regulated in Law Number 35 of 2009 concerning Narcotics is not balanced between the BNN and the National Police. The model of authority to investigate narcotics crimes, especially in the investigation stage by adopting the Pancasila values of justice, so that there is equality between Polri investigators and BNN investigators. In addition to the reconstruction of values, it is also necessary to reconstruct the regulatory norms for investigating narcotics crimes so that they are based on Pancasila values of justice, namely the addition of the word Polri investigator in Article 75, Article 80, Article 86, Article 106, Article 107 of Law Number 35 of 2009 concerning Narcotics, and the elimination Article 108 of Law Number 35 of 2009 concerning Narcotics, so that there is equality of authority between Polri investigators and BNN investigators in investigating narcotics crimes.
ORIGINAL RESEARCH ARTICLE | Aug. 25, 2023
The Key Problems Facing Civil Justice Today Are Cost, Delay & Complexity: A Critical Review
Muhammad Ali, Naimul Razzaque
Page no 438-446 |
DOI: 10.36348/sijlcj.2023.v06i08.007
Our judicial structure owes to the colonial administration for its evolution & is still bearing the remnants of the system it inherited from its predecessor. Our judiciary is still following the adversarial trial system. Though the British legal system has developed to a standard for others we are still on the same footing where they left us. We could not overcome the obstacles associated with the civil justice system. The main problems facing our judiciary are the cost, delay & complexity. Several steps have been taken to solve the problems but deserved success cannot be achieved. The main problem lies probably in the identification of the real problems & providing pragmatic solutions. In this research I have tried to identify the real problems by interviewing different legal persons & litigants, by analyzing the opinions of different scholars & taking into account the attitude of the society towards the civil litigation social aspects & applying my own reason & experience. I have evaluated the reforms made in some foreign legal systems to compare with our system specially the Woolf’s reform in England. Lastly, I have provided some reform & amendment proposals based on the findings.
ORIGINAL RESEARCH ARTICLE | Aug. 25, 2023
Reconstruction of Evidence Regulations in Civil Jurisdiction Based on Justice Value
Gunarto, Yusri, Sri Kusriyah
Page no 447-452 |
DOI: 10.36348/sijlcj.2023.v06i08.008
The aims of this research are to analyze the weaknesses that exist in evidentiary regulations in civil courts and how to reconstruct evidentiary constraints in civil justice based on the value of justice. This research uses a constructivist paradigm, with a social legal research approach that uses primary data. Methods of data collection using interviews, observation, and field systems. The results of this research show that in evidentiary regulations in civil courts in Indonesia, judges are bound by valid evidence, which means that judges are only allowed to make decisions (impose decisions) based on evidence determined by law only, and From a formal juridical point of view, electronic document law has not been strictly regulated in the Civil Procedure Code so that it has not had the value of justice, namely the normalization of Articles 163 and 164 HIR and Articles 283 and 284 RBg., has not provided justice values in the evidentiary system. Current weaknesses in evidentiary regulations in civil court include weaknesses in the context of legal substance, legal structure, and legal culture, therefore it is necessary to reconstruct the provisions in Article 164 HIR or 284 RBg with the need for arrangements regarding electronic evidence, which has been validated and the strength is the same as documentary evidence. Then in Article 163 HIR/Article 283 RBg there needs to be an arrangement so that Electronic Information and Electronic Documents submitted by litigants must come from an Electronic System that meets the requirements based on Legislation In contrast, where the implication is to provide a new idea related to evidentiary regulations in civil courts based on the value of justice.
ORIGINAL RESEARCH ARTICLE | Aug. 29, 2023
Comparison of Regulations on Religious Freedom between Indonesia and Canada
Andi Melantik Rompegading, Fadilla Jamila
Page no 453-460 |
DOI: 10.36348/sijlcj.2023.v06i08.009
Regulations on religious freedom vary widely from country to country. Several factors, including country history, culture, and religious demographics, can influence these different approaches to religious freedom. Considering all these aspects, this paper explores the differences in regulating freedom of religion between Indonesia and Canada by applying normative legal research methods. The studies concluded that the difference in regulating religious freedom between Indonesia and Canada lies in how they officially recognize religion, restrict the construction of places of worship, provide legal protection, prohibit discrimination, and approach multiculturalism. Although Indonesia recognizes several official religions, its legal application and protection may need to be clarified and more potent than in Canada, which has a more comprehensive and robust legal framework protecting religious freedom and respecting religious diversity.
ORIGINAL RESEARCH ARTICLE | Aug. 31, 2023
Legal Reconstruction of Standard Agreements with Exoneration Clauses on Peer-To-Peer Financial Technology Based on Justice Values
Dwi Afni Maileni, Adi Sulistiyono, Anis Mashdurohatun
Page no 461-466 |
DOI: 10.36348/sijlcj.2023.v06i08.010
This research aims to examine and analyze standard peer-to-peer lending contract agreements with exoneration clauses that are not based on the value of justice. To study and analyze the weaknesses that arise in implementing peer-to-peer lending Financial Technology agreements at this time. To study and analyze the reconstruction of standard agreements with exoneration clauses on peer-to-peer lending Financial Technology based on the value of justice. The method used in this research is sociological juridical. The paradigm in this research is constructivism. The theory used in this study is the Pancasila legal theory of justice as a grand theory, the working theory of law as a middle ranged theory, and the progressive theory as an applied theory. Based on the research conducted, it was found that standard peer-to-peer lending contract agreements with exoneration clauses that are not based on the value of justice are due to overlapping rules, the lack of reach of law enforcement in standard contracts made by Financial Technology institutions, and the influence of globalization which has resulted in the growth of financial institutions. technology is getting out of control. So it is necessary to amend the provisions of the Financial Services Authority Circular Letter Number 13/Seojk.07/2014 in which the financial services business actors are not only entitled to make procedures regarding standard agreements, but it is necessary to regulate the position of Financial Technology institutions in the Republic of Indonesia Financial Services Authority Regulation Indonesia Number 10/Pojk.05/2022 concerning Information Technology-Based Joint Funding Services is clear. It is necessary to regulate information on the process of public complaints against the OJK, especially in the case of Financial Technology institutions. It is also necessary to control sanctions related to Financial Technology that violates the law, especially in standard agreements with exoneration clauses.