Scholars International Journal of Law, Crime and Justice (SIJLCJ) | Volume-2-Issue-05
May 30, 2019
Criminal Responsibility of Heads of State under the Rome Statute: A Perspective on the Rift between the AU and ICC
James E. Archibong
Page Numbers : Sch Int J Law Crime Justice, 2019; 2(5): 110-117
DOI : 10.21276/sijlcj.2019.2.5.1
Lately, there was a face-off between chieftains in Africa and the International Criminal Court (ICC) over the indictment sitting African heads of state. Former Sudanese leader Omar al Bashir and the President of Kenya and his Deputy were indicted by the ICC for crimes against humanity committed in their countries. Following their indictment, the African Union (AU) made a representation to the ICC to suspend their trials while their term in office subsisted. This request was turned down. A similar request was made to the Security Council and was also rejected. In response, the AU decided to stop any form of collaboration with the ICC. It argued that sitting heads of state enjoy immunity under customary international law. Against the backdrop of persistent gross human rights abuses in Africa and the inertia exhibited by the AU, this paper calls for continued cooperation of two institutions in the interest of the victims of these abuses and the progress of the continent.
Original Research Article
May 30, 2019
Return of East Beach Protection Function in Surabaya: A Study on Kavling Control Phase 4 Wisma Tirto Agung
Page Numbers : Sch Int J Law Crime Justice, 2019; 2(5): 118-123
DOI : 10.21276/sijlcj.2019.2.5.2
This research was conducted on the basis of a violation of the sale and purchase of plots of land which continued the construction of residents' houses in the East Coast Surabaya (Pamurbaya) protected area. Protected areas are areas that are defined by the main function of protecting environmental sustainability which includes natural resources and artificial resources. Included in the Pamurbaya area are Gunung Anyar District, Rungkut District, Sukolilo District and Mulyorejo District. This research also explains the implementation of the Government in fulfilling the right to adequate shelter to the community but on the other hand protected areas are very important for cities. Eviction or control is considered a good solution, but needs to be studied in advance regarding the impact caused by the control. In this study, we will discuss the steps to restore the function of the East Coast Surabaya (Pamurbaya) protected area, the impact on the fulfillment of the rights of the people who are at Wisma Tirto Agung Phase IV, and the impact caused by eviction. This study uses qualitative analysis methods, types of sociolegal research, as well as an empirical juridical approach, researchers collect all the data needed both primary data sourced from interviews or other secondary data. The results of this study indicate that the Surabaya City Government has not provided a clear solution to the cases that occur, residents of Wisma Tirto Agung stage IV remain in their homes. The plan to restore the function of protected areas by conducting evictions is still in the assessment stage because the Surabaya City Government cannot decide on evictions without regard to the rights of the community to have a decent place to live. In carrying out evictions, of course there are impacts caused. Can be seen from the psychological, economic, and social aspects.
May 30, 2019
Building People's Trust: A Comparative Study of Police - Community Relationship in Two Cities of Eastern India
Dr. Arpita Mitra, Nirmal Kanti Chakrabarti
Page Numbers : Sch Int J Law Crime Justice, 2019; 2(5): 124-130
DOI : 10.21276/sijlcj.2019.2.5.3
The 21st century civil society aspires to have a resilient alliance with the law enforcement agencies in general and the police in particular. Endeavours of the police to reach out to the people can guarantee security and enhance the concern of the people in policing the society at large. However, the relationship between the police and the people continue to remain strained and distant. The police commissionerates of the capital cities of Bhubaneswar and Guwahati (both in eastern India) have undertaken community policing initiatives to build the trust of the people in law enforcement. A strong bond between the police and the public can ensure the success of the community policing programmes in achieving the desired aim. However, the real ordeal about awareness and participation of the people in the collaborative efforts of the police is less than satisfactory. The present empirical study compares the perception of the people about the nature of police-public relationship in these two cities of Eastern India.
May 30, 2019
Conceptual Study of International Migration and Diaspora
Dr. Zulal Atalay Laçin
Page Numbers : Sch Int J Law Crime Justice, 2019; 2(5): 131-138
DOI : 10.21276/sijlcj.2019.2.5.4
Discussions on the phenomenon of international migration seem to be the base for the diaspora researches. However, should these intertwined social processes, in terms of theoretical researches, be fed from a much broader conceptual framework? Can a phenomenon of diaspora, arising as a result of international migration, be studied without the concept of related terms such as globalization, migration, ghettoization, minorities, identity, nationalism and transnational social spaces? This study focuses to answer these questions and points out the necessity of including the other concepts in a broader context for a better understanding of the relationship between international migration and diaspora. These concepts and conceptual discussions that become more and more important in the literature, makes to interpret the relationship between international migration and diaspora in the light of current developments.
May 30, 2019
Legal Review of Corruption Crime Abuse of Authority in the Position of Government, According to Law Number 30 the Year 2014
Ismaidar, Sumarno, Dwintoro, Abdullah Syafi
Page Numbers : Sch Int J Law Crime Justice, 2019; 2(5): 139-146
DOI : 10.21276/sijlcj.2019.2.5.5
Corruption is a serious problem that could endanger the social development of both economic and political, as well as damage the values of democracy and morality because sooner or later this act of seeming to be a culture. Corruption is a threat to the ambitions towards a just and prosperous society. The problem of corruption is not a new problem in matters of law and economics for a country because of the problem of corruption has existed for thousands of years in both the developed and developing countries including in Indonesia. Corruption has crawled and slipped in various forms or mode of operation thus undermining state finances, the state's economy and detriment of public interest. Corruption is a misappropriation or embezzlement of money of a State or a corporation or otherwise for personal or other interests. While the world International understanding of corruption by Black's Law Dictionary means that an act is undertaken with a view to gain some advantage which is contrary to official duties and other truths. In Law Number 30 the Year 2014 differentiated two concepts, namely authority and authorization. Authority is the right owned by the Agency and/or Government Officials or other state organizers to make decisions and/or actions in the administration of government. While authorization is the power of the Agency and/or Government Officials or other state organizers to act in the realm of public law. Government administration is the product of administrative decisions.
May 30, 2019
An Outline of the Model of the Interaction of Preparatory Proceedings and Court Proceedings in Criminal Procedure (Considerations against the Background of European Sytems of Criminal Procedure Law)
Page Numbers : Sch Int J Law Crime Justice, 2019; 2(5): 147-165
DOI : 10.21276/sijlcj.2019.2.5.6
In this article the author focuses on the one of the primary research problems in the case of European systems of criminal procedure law (the shape of the mutual relations between preparatory and court proceedings, and in strict terms, the system of relations between groups of procedural facts that make up the indicated phases (stages) within the course of the proceeding). Bearing in mind the fact that the clarification of the relevant facts of the case is the prism of the general aim of criminal procedure and what goes with it, the settle criminal liability, Author shows relations between preparatory and court proceedings as a chain of functionally interconnected procedural facts. This article shows also the views expressed by the Authors of different systems of law, like: polish, german and French about the shape of the mutual relations between preparatory and court proceedings. The author also shows his own views within the scope of its subject.
Original Research Article
May 30, 2019
The Process of Restitution for Children and Women as Victims of Human Trafficking Crime
Riswan Munthe, Sri Hidayani , Rizkan Zulyadi
Page Numbers : Sch Int J Law Crime Justice, 2019; 2(5): 166-174
DOI : 10.21276/sijlcj.2019.2.5.7
In general, human trafficking is a global problem that is very seriously addressed, where the majority of victims are children and women. The research method used is a type of normative juridical source from secondary data by reviewing the legal literature and the Act. The results of the study are the provision of fulfilling the rights of children and women as an effort to form legal protection for children who are victims of crime. Legal protection efforts are children's rights that should be given when becoming victims, namely the rights of children and women to obtain restitution as stipulated in the provisions of the law. The mechanism for submitting and providing restitution for children and women can be carried out based on the laws and regulations that apply, one of which is Law Number 21 of 2007 concerning the eradication of criminal acts of trafficking in persons. In addition, there is also a Government Regulation Number 43 of 2017 in which the submission of restitution is divided into two stages, namely submitted during the process of investigation and prosecution. In this case, the investigator must be notified to the victim of his compensation rights (restitution), after being told then the victim must submit restitution within three days with the requirements for the application file that has been determined in government regulations