ORIGINAL RESEARCH ARTICLE | July 15, 2019
Concept of Criminal Responsibility for Work Group Errors in Procurement of Goods or Services
Supardin, Amiruddin, Lalu Parman
Page no Sch Int J Law Crime Justice, 2019; 2(7): 199-205 |
10.21276/sijlcj.2019.2.7.1
The study aims to determine the concept of criminal liability for work group errors in the procurement of goods or services. This research is normative legal research. The Concept of Criminal Liability for Errors of the Working Group in the Procurement of Goods and Services, namely all acts or actions that are illegal That is, that actions or actions in the procurement of goods or services are not in accordance with the laws and regulations starting from the stage of carrying out the preparation and implementation of selection of providers, carrying out preparation and implementation of selection of providers for electronic catalogs, and determining the winner/provider for the selection method. What results in a loss of state loss is a criminal act as stipulated in the law on corruption, namely Article 2 or Article 3 of the Republic of Indonesia Law Number 20 of 2001 concerning the Eradication of Corruption Crime changes to the Republic of Indonesia Law Number 31 of 1999 concerning Eradication Corruption Crime.
ORIGINAL RESEARCH ARTICLE | July 15, 2019
The Reality, Provisions and Conditions of AQILAH
Ahmad Bin Muhammad Husni, Amin Bin Muhammad Husni, Muhammad Yosef Nite
Page no Sch Int J Law Crime Justice, 2019; 2(7): 206-212 |
10.21276/sijlcj.2019.2.7.2
There have been many accidents which result in deaths due to motor accidents which is the majority or hunting or Jihad or other things that result in crime. We find that a lot of people are unaware of the provisions of manslaughter and that the blood money is paid by Aqilah and this is something unknown to some people. Thus, I explained the reality of Aqilah and the important issues that may be hidden to many people. And here lies the importance of this research, and also to know its provisions and conditions through the extrapolation of the views of the four Schools, and to analyse, discuss and clarify the points of agreement and disagreement between them. Moreover, it looked into the views of contemporary scholars to choose the provisions that fit the development of the current era. Through the study, we reached to some important results, most important of which if the offender has no Aqilah, or he has but the Aqilah is unable to pay the blood money (diyyah) for him, it should be paid from the Baitulmal or its representative.
ORIGINAL RESEARCH ARTICLE | July 15, 2019
Rights of the Accused in the Islamic Legislation: A Comparative and Analytical Study
Ahmad Bin Muhammad Husni, Amin Bin Muhammad Husni, Mohd Sabree Nasri
Page no Sch Int J Law Crime Justice, 2019; 2(7): 213-218 |
10.21276/sijlcj.2019.2.7.3
This study aims to shed light on the extent to which the accused’s right in Islamic jurisprudence is in harmony with the conventional law. The accused may be exposed to some harmful acts during his trial which may entirely affect his rights which will give him the entitlement to defend himself. The researcher pays attention to explaining the rights of the accused person in Islamic jurisprudence compared to the conventional law. The study adopts inductive approach to gather information written in Islamic jurisprudence, and adopts comparative approach in order to make comparisons between the views of ancient and contemporary jurists in question under discussion, and transfer ideas of Shariah experts to the legal studies field in order to compare the approach and benefit and vice versa. The study concludes that the conventional law does not differ much from the Islamic jurisprudence in terms of providing personal rights to the accused; both Islamic jurisprudence and conventional law agree on the principle that the accused is innocent until proven guilty.
ORIGINAL RESEARCH ARTICLE | July 19, 2019
Black Male Experiences and Perceptions of Felony Disenfranchisement
Kashley Brown, Melody Threadcraft, Whitney Threadcraft-Walker
Page no Sch Int J Law Crime Justice, 2019; 2(7): 219-228 |
10.21276/sijlcj.2019.2.7.4
Interest in felony disenfranchisement is growing rapidly because of the rising rates of felony offenses and disenfranchisement. In fact, an estimated 6 million Americans are denied the right to vote as a result of their felony convictions. Felony disenfranchisement is an obstacle to participation in democratic life- a reality exacerbated by the current racial disparities in the criminal justice system which result in 1 out of every 13 Blacks being unable to vote (Sentencing Project, 2015). As there is little we know about the differences between Black and felony experiences with disenfranchisement, this study focused on everyday disenfranchisement experiences that research suggests Black males face. The focus was on perceived discriminations resulting from entitlement programs (i.e. employment, housing, educational and other forms of government assistance). It was predicted the persons with felonies would have a different perception of disenfranchisement or discrimination, but results indicated both groups perceived similar experiences with discrimination, confirming findings in the extant literature.
REVIEW ARTICLE | July 30, 2019
An Appraisal of the State of Internally Displaced Persons in Africa – Nigeria in Perspective
Dr. L. O. Nwauzi
Page no Sch Int J Law Crime Justice, 2019; 2(7): 229-234 |
10.21276/sijlcj.2019.2.7.5
homes in their country for one reason or the other. This issue has assumed a significant dimension of great concern all over the world with the African sub-region being the highest victim. Internally Displaced Persons face grave dangers in their home countries as they are vulnerable economically, psychologically socially, religiously and even politically. Apart from the pronounced refugees, they constitute a major group of the vulnerable persons. They could be referred to as “refugees” in their home country. The only difference between them and the refugees is that they are still within the geographical circumference of their nationality. Economically, their means of livelihood is cut off either as farmers, fishermen, or petty traders, or artisans; psychologically and socially, they are not in good frame of mind and have lost their natural homestead and habitation, cut off from their traditional and cultural environment, distanced from their gods and deities and therefore cannot worship their gods; from the political point of view, their civil rights and obligations are even denied sometimes may be not deliberately but because of the circumstances of relocation to areas where it may not be convenient for them to exercise such rights. In Africa generally and in particular Nigeria, the issue of IDPs has become a common phenomenon and of great concern to both the government and voluntary organizations. This paper which will concentrate on Nigeria will examine the causes of displacement of people in Nigeria, the efforts made by the Government as well as legal/institutional framework for the protection of IDPs, and how far the efforts of Government have helped in alleviating the plight of IDPs. Some recommendations are made as part of the concluding remarks.
ORIGINAL RESEARCH ARTICLE | July 30, 2019
The Philosophical Values for the Judge Constitutional Court in Implementing the Principle of Shame (Principle of Al-Haya’) as a Review of Indonesian Impeachment
Nadir, Win Yuli Wardani
Page no Sch Int J Law Crime Justice, 2019; 2(7): 235-242 |
10.21276/sijlcj.2019.2.7.6
The aim of this study was to find out the philosophical values for the judge constitutional court in implementing the principle of shame (principle al-haya’) as a review of Indonesian impeachment. This research uses the method of (nomative legal research), namely: a research that is done with the purpose to find the principles and philosophical basis (dogma or doctrine) of positive law, and the research of legal discovery in concreto that is appropriate to solve a case law such as the impeachment of the president in his profession using the pricple of al-haya’. This research approach used in this research is statute approach, conseptual, historical approach, comparative approach, and philoshopy approach. Data types and sources, namely primary sources or outhorities, secondary sources or authorites, and tertiary sources or authorites. The result of this research, formally juridical Implementation of the principle of al-haya’ as a review of the impeachment of the Indonesian President by a Constitutional Court judge (MK-RI) based on the provisions of Article 5 juncto Article 10 of act Law Number 48 of 2009 concerning philosophical power to fill in the incompleteness, obscurity and emptiness of legal norms in the 1945 Republic of Indonesia Constitution and establish a national legal system. Technically, by the judges of the Constitutional Court (MK-RI) can be approached through the legal reasoning of induction and deduction. The method of implementation on shame principle (principle of Al-haya’) by the judges of the Constitutional Court (MK-RI) was done by deductive advance, means that the principle of specialty is devoted again to the legal field is concerned, the new rules do basically the deduction of law is concerned. Then deducted again into the substantive rules, and rules deducted longer be the case. After that is done in the case of the implementation of the rules of concrete case by the judge.
ORIGINAL RESEARCH ARTICLE | July 30, 2019
An Over View of the Common Law Framework and Principle for E-Commerce
Ibrahim Shehu
Page no Sch Int J Law Crime Justice, 2019; 2(7): 243-255 |
10.21276/sijlcj.2019.2.7.7
The emergence of e-commerce has changed the way and manner people conducted their business transactions, this revolutionary way of conducting business has since broken down the geographical boundaries of the market, where people originally visited markets to buy and sell. The common law has laid down many principles on the traditional mode of commerce or contract, hence there is need to determine whether such framework principles apply to e-commerce. Therefore, this paper intend to examine the applicability of the common law framework and principle on e-commerce and proffer solution to some of the problems of implementing e-commerce.