Scholars International Journal of Law, Crime and Justice (SIJLCJ) | Volume-2;-Issue-11
Nov. 15, 2019
Theoretical Justification for Exceptions and Limitations to Patent Rights
Page Numbers : 342-347
DOI : 10.36348/sijlcj.2019.v02i11.001
The paper explores theoretical justifications for granting patent monopolies in order to clarify the implications of existing patent doctrine and to have a theory for limitations to those patent rights.
Nov. 12, 2019
The Notion of Delegated Legislation in India- A Critical Analysis
Page Numbers : 348-351
DOI : 10.36348/sijlcj.2019.v02i11.002
Delegated legislation is one of the most debated practice in the domain of legal field. As it has various implications, experts all around the country have taken different stands on the issue. Even though it has gained the acceptability in our system, there have been contrary views about delegated legislation. For instance, one of the settled maxims in Constitutional law and Administrative law is “DELEGATA POTESTAS NON POTEST DELEGARE” which means one to whom power is delegated cannot himself further delegate that power. Where the sovereign power of the State has been vested to an authority, it must remain in the vested authority; and by it alone the laws should be made .The power to whose judgment, wisdom, and patriotism this high prerogative has been entrusted cannot relieve itself by dodging away with the responsibility of performing its functions and by choosing other agencies upon which the power could be devolved. The reason is found in the very existence of its own powers. This high prerogative has been entrusted to its own wisdom, judgment, and patriotism, and not to those of other persons, and it will act ultra vires if it undertakes to delegate the trust, instead of executing it. While such scenarios do raise the questions about the legality of delegating the power by higher legislative bodies to the lower ones, the fact remains that this has been an accepted norm and a general practice followed in all modern democratic countries. Hence it is imperative to make a critical analysis of the same so as to understand the associated norms and intricacies of Delegated Legislation.
Nov. 14, 2019
Universal Crime Theories and Women
Page Numbers : 352-363
DOI : 10.36348/sijlcj.2019.v02i11.003
The present study attempts to locate women in the universal crime theories which seem to be developed from male subjects and validated on them too. Due to the increasing equality in status and opportunity between men and women the line between male and female crime is getting thinner. There are many universally accepted theories which apparently apply to male criminals but on lifting the veil on them and studying minutely we discover that they equally apply to female criminals too. No doubt any theory is weak if it does not apply to half of the population which experiences the same deprivations in the same environment, family structures and economic conditions. The research revolves around the twin factors, first that the theories of crime should be able to take account of both men’s and women’s behavior and to highlight those factors which operate differently on men and women and second that if a particular theory helps us to understand female crime better this would be a great achievement for criminology. The relevant matter for consideration is whether these ‘manmade’ and ‘made for men’ do explain female crime and if few of them or all of them do so then to what extent?
Original Research Article
Nov. 19, 2019
Operation of Public Service Quality in Governmental Lanjas Village, District of North Barito
Halen Perdana, Jamaluddin, Budi Suryadi
Page Numbers : 364-367
DOI : 10.36348/sijlcj.2019.v02i11.004
Public service is the main task of the government as a public servant, without exception the village office. The district office serves as the first service to the community. Therefore the quality of service is needed in providing services to the public. Research methods used in this research is qualitative descriptive methods and techniques of collecting data through observation and in-depth interview to the informant. Informants in this study are three (3) key informant namely Lanjas Village and village officials, as well as the Community. Based on the results showed that the implementation of quality public services at the village administration Lanjas quality is still not due to budget constraints, inadequate infrastructure, the number of employees who are still lacking and awareness for the qualified in service. Expected to increase the budget as well as the urban infrastructure facilities, as well as additional staff to provide a quality service to the community.
Original Research Article
Nov. 19, 2019
Sakip Evaluation Based on Performance Management Based on Balanced Scorecard Secretariat Organization Regional Bureau South Kalimantan Province
Galih Yudhi Permana, Samahuddin Muharam, Muhammad Riduansyah Syafari
Page Numbers : 368-377
DOI : 10.36348/sijlcj.2019.v02i11.005
This study aims to determine how the implementation of the Government Performance Accountability System (SAKIP) was evaluated based Performance Management Balanced Scorecard. Impact of the implementation of the Government Performance Accountability System in improving the performance of all employees at the Bureau Secretariat Organization of South Kalimantan Province. The research was conducted using a qualitative descriptive study, through interviews with sources and conduct performance document related documentation. The data analysis technique used in this study is that the data reduction, data display, and conclusion drawing/verification. The result is the implementation of the planning performance, especially in the process of leveling performance, Among the Balanced Scorecard SAKIP there are differences in how the preparation, which uses four perspectives SAKIP not used the Balanced Scorecard. Besides the preparation of programs and activities in SAKIP can only specify a defined set of activities, without being able to choose a program that will be implemented. The process of measuring, reporting, evaluation, and monitoring of similar performance between SAKIP and Balanced Scorecard. The impact caused by the implementation of the Bureau Organization SAKIP that there is an increased achievement of good performance on the customer perspective, Finance, and Internal Processes. But for the Learning and Growth perspective still does not have a significant impact.
Original Research Article
Nov. 19, 2019
Motivation Effect on the Performance of Employee Relations and Protocol the Secretariat of City Banjarbaru
Adeyasya Aziza, Budi Suryadi, Jamaluddin
Page Numbers : 378-384
DOI : 10.36348/sijlcj.2019.v02i11.006
This study aims to determine how many effects of Motivation on Employee Performance of Public Relations and Protocol Regional Secretariat Banjarbaru, a method used in this research is quantitative method, with a population of 25 samples of 25 people and data analysis techniques with the research instrument validity, reliability, classical assumptions and using multiple linear regression. The results showed that the variables of Intrinsic Motivation Extrinsic motivation and partially significant effect on employee performance of Public Relations and Protocol Banjarbaru City Secretariat.
Nov. 24, 2019
Crossfire and Violation of Human Rights in Bangladesh: A Critical Review
Md. Awal Hossain Mollah
Page Numbers : 385-397
DOI : 10.36348/sijlcj.2019.v02i11.007
The aim of this paper is to examine the state of violation of human rights by crossfire through law enforcing agencies in Bangladesh. Why the protectors become perpetrators has also explored in this paper by highlighting the pattern of violations made by the law enforcing agency and their impact upon the law and order situation in Bangladesh. The law enforcing agencies are mainly responsible for maintaining the law and order, protection of life and property of the citizens and prevention and detection of crime to establish rule of law in a state. However, the violation of human rights by the law enforcing agencies in Bangladesh has been increasing severely for the last few years. The existing legal framework of law enforcing agencies has some limitations and not implemented properly. Some recommendations are put forwarded for the eradication of the pitfalls of security forces which would be helpful for making new policies and laws by the government. As a result, common people interest and rights will be protected and promoted. The paper is qualitative in nature and case study on Bangladesh based on mainly secondary sources of materials.
Nov. 26, 2019
Waste Management Regulation in Cameroon: A Curse or Blessing?
Fonja Julius Achu
Page Numbers : 398-410
DOI : 10.36348/sijlcj.2019.v02i11.008
Due to the gaps in the law and the weaknesses of the available ones individuals, hospitals and industries dump their waste anyhow and anyway in Cameroon, This uncultured behaviour leads to pollution of the air, water and land,. The ramification of this pollution is diseases on man animal and plants. This paper investigates why the law regulating in waste management is not enforced and the lacunae of the same. The paper does so through a reading of records mainly from documentary and internet search. The data does collected constitute 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 show that the law that regulates waste management are not well enforced. The said results also show the lacunae in the laws and equally high light the limitation of the available laws regulating waste management in Cameroon. The results are significant as they expose gaps in the current laws regulating waste management and conclude with suggestions on where the law should go.