Scholars International Journal of Law, Crime and Justice (SIJLCJ) | Volume-2;-Issue-10
Oct. 15, 2019
Recognition and Enforcement of Foreign Criminal Judgments under the Law of Somalia
Page Numbers : 288-297
DOI : 10.36348/SIJLCJ.2019.v02i10.001
The recognition and enforcement of foreign criminal judgments is a modality is opposite to the extradition of sentenced parsons for the execution of the punishment imposed on them. This is a traditional modality international judicial cooperation in criminal matters. Although it assists future execution proceedings in the country which has accepted the foreign judgment, this modality is not any part of them. Moreover, it is a specific procedure based on different principles. This procedure is rarely used; its efficiency is low. As a result, it constitutes a serious challenge to both lawmakers and judicial actors (criminal judges, prosecutors, investigators), especially in countries with outdated criminal legislation and weak criminal justice system, such as Somalia. This research paper describes the current situation and resorts to the comparative law approach, mainly. It aims at explaining Somali law on the recognition and enforcement of foreign criminal judgments to eventually, facilitate the process of turning Somalia into a predictable international partner in the common struggle of nations against crime.
Original Research Article
Oct. 15, 2019
Implementation of Law Number 24 of 2013 in Terms of Resources Factors (Budget and Asset) in Tanah Laut Government
Intan Johan Pramesti, Udiansyah, Ahmad Yunani
Page Numbers : 298-308
DOI : 10.36348/SIJLCJ.2019.v02i10.002
Based on the results of IKM and SKM from 2015 to 2017 shows that the weakness of the service in Disdukpencapil Tanah Laut Regency is in the element of service speed. The application of Law Number 24 of 2013 by Disdukpencapil Tanah Laut Regency is inseparable from the obstacles in the form of not achieving the SPM target from the Ministry of Home Affairs. The study was conducted from July to November 2017 at the Office of Population and Civil Registration Agency of Tanah Laut Regency with a survey method (quantitative approach). This study only examined one factor, namely resources. The research instrument was in the form of a community satisfaction questionnaire. Method of distributing questionnaires using purposive sampling. The distribution of questionnaires was carried out by quotation test in October 2017, for 5 days of service, with a total of 233 respondents consisting of 95 respondents in the Disdukpencapil office and 138 respondents who received services in seven sub-district offices. Based on the results of this study it can be concluded how the impact of the implementation of Law Number 24 of 2013 on increasing the effectiveness of services by the Tanah Laut Regency Disdukpencapil in terms of achievement of SPM targets and service quality. When viewed from the quality of service based on the answers to the questionnaire, the results showed an average of 72.01 (satisfied). The highest satisfaction was with the officers who helped ease the population in getting services (76.22%), while the lowest satisfaction was in the element of the length of service waiting time (68.33%).
Original Research Article
Oct. 29, 2019
The Rights of Parents to Maintenance in Bangladesh: An Overview of the Parents Maintenance Act, 2013
Page Numbers : 309-313
DOI : 10.36348/SIJLCJ.2019.v02i10.003
A loving and harmonious family bond between parents and children will bring peace and tranquility not only to the individual but also to a nation. Children are bound to provide for their parents’ maintenance in their old age under the Al-Quran and Sunnah. Now-a-days children are often neglecting and avoiding maintaining and looking after their parents’ need. The Parents Maintenance Act is a beginning of a new step of protection for those unlucky parents who are often ignored by their children. Though there is specific legislation that provides for rights of maintenance to parents but still necessary to amend more specific provisions to reduce the gap between the existing provisions and reality for the betterment of parents. This paper finds out the rights of parents to maintenance under existing laws in Bangladesh. This study also analyzes the reasons behind not providing proper maintenance to parents by their children as well as addressing some recommendations which will be benefited for parents at their old stage.
Oct. 25, 2019
Cyberterrorism as a Threat to International Peace and Security: A Critical Discourse
Jamal Awwad Abdallah, Mohd Badrol Bin Awang, Abdullahi Ayoade Ahmad
Page Numbers : 314-317
DOI : 10.36348/SIJLCJ.2019.v02i10.004
With the end of the previous millennium and the entry of the new millennium, a new and somewhat strange war emerged. With the technological development and the invention of modern computers, this threat has become inevitable and imminent for both big and small countries. The new form of conflict is as challenging to international peace and security as the traditional ones and came with new threats that take place in a virtual battlefield known as cyberspace. Thus, cybercrimes, cyberterrorism and cyberwarfare came under the limelight on the international stage and became one of the primary concern of the world of the United States and other world powers. The western powers started considering cyberterrorism to be same with traditional terrorism and advocate for the application of equal measure to address it. The qualitative descriptive method of data analysis was utilized in making meaning out of the data collected from the secondary sources. It involves a descriptive summary of the information collected on specific events of the issues under study. This paper dwells on the phenomenon of cyberterrorism with inquisition of whether international law applies to cyberspace. Finally, some recommendations are offered on how to address the issue.
Oct. 27, 2019
The Sixth National Assembly and Constitutional Amendment in Nigeria- A New Era or a Fait Accompli?
Hassan I. Adebowale
Page Numbers : 318-325
DOI : 10.36348/SIJLCJ.2019.v02i10.005
The history of constitutional development in Nigeria reveals the tortuous road the legislators have taken to bestow a legacy of a befitting Constitution. Constitutional provisions on amendment are tedious, and sometimes, manifestly insurmountable. It therefore behoves the National Assembly to painstakingly adhere to the various provisions of the Constitution in order to fill the lacunae in the Nigeria corpus juris which has constantly plagued the country’s political, judicial and socio-economic sectors. From the colonial era, it has always been the same story of exploring different types of constitution. This “try and error” approach has never yielded any acceptable grundnorm for the Federal Government of Nigeria. The peculiar composition of Nigeria as a multilingual, multi-culture and religiously diversified country has virtually been cited as the key issue in Nigeria’s tortuous road to a satisfactory constitutional achievement. The much touted “unity in diversity” has proved to be nothing more than political slogan. With the pervasive cry for restructuring in Nigeria, and the continuous failure of successive governments to find sustainable solutions to the yearnings and cravings of the citizenry, this writer looks back at where it all went wrong. This article identifies the obvious sections of the Constitution to be amended by the National Assembly. The author commends the effort of the defunct Sixth National Assembly by its wide consultation and vigorous drive to sensitize numerous interest groups in Nigeria. The general conclusion is based on the views of constitutional experts in Nigeria and some notable judicial pronouncements. The recommendation, however, is that some identified provisions of the Constitution needs further amendment to simplify the mode of constitutional amendment in the nearest future.
Oct. 30, 2019
The polluter Pays Principle and The Law in Cameroon: Too much or too little?
Fonja Julius Achu, Moshefuch Valery Fomchang
Page Numbers : 326-335
DOI : 10.36348/SIJLCJ.2019.v02i10.006
Since the Rio declaration which held in Brazil in 1992 on the Environment, the draftsmen of the law have often taken recourse to principles when regulating new areas of the law, one of which includes the polluter pays principle. Cameroon has domesticated this principle in its 1996 Environmental management law which is one of the most important principles of international environmental law. The fine imposed on polluters in Cameroon is paltry and therefore cannot really achieve one of the most desired objectives of punishment which is deterrence .The purpose of this paper is to investigate the nature of the liability of the polluter and the quantum of damages imposed on the polluter when he pollutes the environment. The paper is also aimed at investigating whether the principle is an appropriate tool for the liability of polluters under Cameroonian environmental law. In other words the aim is to investigate why the fine levied on polluters is derisory and whether the principle is an effective tool in the compensation of victims of environmental pollution. The paper does so through a reading of records mainly from documentary and Internet search. The data thus collected constitutes the sources from which the law is drawn, stated and analysed in the light of the stated aim of the paper. The results inter alia identify that the polluter pays principle is suppose to be an effective tool in the compensation of victims of environmental pollution but for it to be effective, it must comply to other international law principles such as that of equality, non-discrimination and most importantly the quantum of the damages imposed on the defaulter should be severe enough so as to deter not only the violator from committing the criminal act in future but also to prevent others from following suit. The said results also highlight the limitations and advantages of the polluter pay principle. The results are significant as they expose gaps in the current law in relation to the poll
Original Research Article
Oct. 30, 2019
Brazilian Legislation on Executive Power: Provisory or Permanent Measures?
Murillo de Oliveira Dias
Page Numbers : 336-341
DOI : 10.36348/SIJLCJ.2019.v02i10.007
In 1988, the National Constituent Assembly promulgated the Brazilian Constitution, creating the Provisional Measure (MP) through Art. 62, which is a single act of the President of the Republic, due to urgency and relevance of the subject, with an immediate force of law, for a period not superior to 60 days. In this article, N=1,512 MPs, issued from 1988 to 2019, were analyzed. Key findings pointed out 1,160 MPs converted into Laws (77 percent conversion tax), 67 MPs in process, from which N=51 MPs are still in force for 18 years. This inconsistency is given by the Constitutional Amendment 32, issued on September 11, 2001, which altered the termination clause over time from Art. 62, paragraph 1st, under investigation. The implications are potential legal uncertainty arising from disparities, regarding provisional measures that became permanent, until appreciated by the Brazilian Congress. Case analysis and discussion complete the present work.