The phenomenon of crime from time to time shows an increasing trend in graph, both in quantity and quality, but such increase is not balanced with the ability to resolve the crimes. The average ability of the investigators to resolve crimes that occur is approximately only 47%. Law enforcement for various types of crimes is generally carried out through the mechanisms or procedures that are regulated in the Criminal Procedure Code, namely through the Criminal Justice System (SPP). This is as a result of using positivistic paradigm in the law enforcement. Law is only understood as a mere law. Therefore, in resolving criminal cases, the figure of police, who not only understand the text of rules of law but also the contextual aspects of case, is necessary. Such police figure can be referred to as Progressive Police, namely police who are willing to think and act out of the box so that they are not confined to rules (rule bounded). In Riau Islands, contextual crimes frequently occur so that they need to be handled contextually by the police. The actions are carried out through restorative justice, specifically through the Partnership Forum of Police and Society (FKPM). This study was conducted to elaborate the characteristics of Progressive Police and create "police gentlement" so as to be able to solve contextual crimes through restorative justice.
REVIEW ARTICLE | March 27, 2020
Rethinking the Basis And Relevance of the Law of Perjury: a Pathway to its Resuscitation
Perjury as an offence has often been relegated to the confines of paper books. This is despite the tons of witnesses and deponents who intentionally and willfully base their testimonies on falsehood and lies, and the plausible sanctions spelt out in various criminal codes, making the reason for the lukewarmness of the offence a wonder and its relevance a doubt. It is for this reason that this thesis emerged. This paper, therefore, evaluates perjury from majorly four countries of Nigeria, United States, Scotland and India, exposes what their law on perjury is, compares their different provisions as it bothers on what can be perjurious, analyses the basis of the law and highlights thoughts to help cover the loopholes in the law. The paper further explores judicial attitude to legal lies, the circumstances where perjury is said to have been committed and the conviction therein, making a comparison of the decisions. The paper is concluded with several observations, challenges facing the seeming irrelevance of the law and offer of recommendations. Some of the suggestions is to limit the definition of perjury, extend its scope to claimants and plaintiffs, extend criminal culpability in the law to persons who aided and counseled the perjury, as well as the parastatals in charge of justice remind lawyers and the public on the effect of perjury and the need to enforce it.
Scholars Middle East Publishers
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