Scholars International Journal of Law, Crime and Justice (SIJLCJ) | Volume-3;-Issue-04
April 7, 2020
The Legal Liability of the Public Assessment Office (KJPP) on the Assessment Result of Banking Credit Collateral (Study at PT. Bank Bukopin, Tbk. Branch Solo)
Heri Siswanto, Pujiyono, Yudho Taruno Muryanto
Page Numbers : 79-83
DOI : 10.36348/sijlcj.2020.v03i04.001
Providing funds for consumers by a finance company (bank) to buy consumer goods whose payments are made by the installments or conducted periodically by consumers called as financing or consumer credit. The responsibilities of the public appraisal service in the appraisal agreement with the service user, it is stated that the appraisal service company responsibility is only limited due to the time and place of the implementation of assessment, where the appraisal service company is responsible for assets and reports other than those that occur after time and the place stated in the report is no longer the responsibility of the appraisal service company after conducting an appraisal and issuing the report. The legal material analysis technique was conducted by using grammatical and systematic interpretation. The results obtained in this study indicated that there is a repressive legal protection that can be provided to banks as a disadvantaged party due to a default of public appraisers in the appraisal report. The protection is in the form of completing a civil suit on the basis of tort or civil suit on the basis of acts against the law. In addition, banks can also propose a criminal suits on the basis of fraud. The need for special arrangements regarding the appraisal agreement and accountability of public appraisers, in order to prevent things that can harm the parties concerned and maintain the reputation of the public appraiser as a professional service.
Original Research Article
April 7, 2020
Penal Mediation in Preventing Social Conflict
Siswanto, A. M. Syukri Akub, Wiwie Heryani
Page Numbers : 84-92
DOI : 10.36348/sijlcj.2020.v03i04.002
The purpose of this study is to analyze the penal mediation that does not aim to achieve formal justice and the practice of penal mediation at the Manokwari Police Department. The research method is normative legal research, using a statute and conceptual approach. The collected legal materials are then analyzed qualitatively, then presented descriptively. The results showed that the dimension of mediation of the penalties achieved was not formal justice through the Criminal Justice sub-system regulated in formal legal regulations. From a juridical perspective, mediation of penalties in the dimensions of state law (ius constitutum) is actually not well known and still leaves controversy, among those who agree and disagree to be applied. The essential issue leads to the choice of a pattern of criminal dispute resolution, related to the domain of state superiority with the superiority of the local wisdom community. The practice of mediating penalties at the Manokwari Police Department in the last 3 years (2017, 2018 and 2019) the number of criminal cases every year has always increased in number, as well as the mediation of cases conducted by the Manokwari Police Department each year experiencing an increase in the number of criminal cases being mediated.
Original Research Article
April 7, 2020
Supervisory Sanctions against Children in Conflict with the Law
Andi Drie Gunawan, Muhadar, Nur Azisa
Page Numbers : 93-98
DOI : 10.36348/sijlcj.2020.v03i04.003
The purpose of this study is to analyze the criminal penalties and criminal liability of children, as well as the mechanism of supervisory sanctions for children in conflict with the law. This type of research is normative juridical research. The legal material used is primary legal material and secondary legal material. Data collection techniques used to obtain data and information through library research methods. Primary legal materials and secondary legal materials that have been collected and then analyzed which will later be linked to the principles, legal theories and the formulation of existing legislation and conclusions can be drawn. The results showed that the elements of criminal accountability were (1) Capable of being responsible; (2) There are errors; and (3) Absence of forgiving reasons. All three elements must be fulfilled by a child when he will be held accountable before the law. The imposition of criminal sanctions for supervision of children in conflict with the law is reviewed from the perspective of a criminal law on child protection based on Law Number 11 of 2012 concerning the Criminal Justice System for Children. The imposition of supervision criminal is based on the type of crime committed by the child.
April 9, 2020
Medical Law and Misrepresentation in the Practice of Homeopathy and Alternative Medicines in Ghana: Lessons learnt in studying Law & Practicing Holistic Medicine
Raphael Nyarkotey Obu
Page Numbers : 99-111
DOI : 10.36348/sijlcj.2020.v03i04.004
Tort is a very interesting aspect of civil law that seeks to provide remedy for injuries and non-pecuniary losses people experience as a result of the actions or omissions of others. In my study of Tort, I realized that it has so much to do with what goes on in the health sector, especially with regards to hospital-patient relations. It would seem however that its major concern is with the conventional medical sector. For instance, the case of Bolam v Friern Hospital Management Committee (1957) is the locus classicus when it comes to principles of tortious liability and medical practitioners. In that case, the court enunciated a yardstick (which came to be known as the “Bolam Test”) that should be used to ascertain whether or not a hospital/medical practitioner had been negligent in the delivery of his duty to a patient. One wonders however, if the “Bolam test‟ applies or would apply to alternative medicine practice? If not, what is an appropriate standard for measuring tortious liability among practitioners of alternative medicine? Cases of negligence in the context of alternative medicine are very rare in our law reports and there has not been any such case reported in Ghana to the best of my knowledge. Also, the Patient‘s Rights of the Ghana Health Service (GHS) Charter interestingly asserted that: “The patient is entitled to know of alternative treatment(s) and other healthcare providers within the Service if these may contribute to improved outcomes”. This means that alternative treatment is vital in the healthcare sector if it will improve on the quality of life (QOL) of the patient in Ghana. It is therefore vital to know of the court decision on prescribers of alternative medicines if the treatment goes sour. Also being a law student and practitioner of Naturopathy and Holistic Medicine, The Carlill V Carbolic Smoke Ball (1892) in Law of Contract case became my favorite partly because it falls under the umbrella of false claims and the company in question was a homeopathic company. It further signifies the many advertisements and claims made by practitioners of herbal, homeopathy and alternative medicine. Many of the practitioners in Ghana could be held liable if patients understand this principle and take them on for many of their false claims. In a nutshell, studying law has broadened my scope in the Medical field especially in the practice of Naturopathy and Holistic Medicine and I keep asking myself this simple question: How much of alternative and traditional medicine practitioners would survive if the legal principles were rigorously applied in Ghana?
April 11, 2020
The Applicability of Mediation as an Alternative Dispute Resolution Mechanism under OHADA Law
Kifemmabuh Antonia Leinyuy
Page Numbers : 112-116
DOI : 10.36348/sijlcj.2020.v03i04.005
Almost 20 years after it adopted the Uniform Act on Arbitration, OHADA revised its Uniform Act on Arbitration and adopted a new Uniform Act on Mediation along with the fresh set of arbitration rules of the Common Court of Justice and Arbitration in Abidjan. These three texts were revised with the assistance of consultants. Among other changes, with the 2018 Uniform Act on Mediation, a solid platform for the use of mediation in the region is now in place. The ability of mediators to carry out their adjudication function with judicial intervention remains a major challenge by parties under the OHADA zones. In this light, the worry which this article seeks to uncover is how the new mediation law is applicable and facilitates the amicable settlement of investment disputes. The article also highlights the legal basis regulating the mediation process as a whole. In attaining these objectives, we employ doctrinal research methodology. The article conclude with vigorous recommendations which if effectively implemented will go a long way to enhance business (investment) security.
April 14, 2020
Submission of Electronic Evidence in General Crimes and Special Crimes
Margie Gladies Sopacua
Page Numbers : 117-121
DOI : 10.36348/sijlcj.2020.v03i04.006
In the case of Proof, there are several provisions governing evidence related to the provisions of the statutory provisions and are used by judges to prove what is being wrongly accused based on the applicable law and the judge's own conviction. Article 184 of the Criminal Procedure Code, regulates legal evidence, including witness statements, expert statements, letters, instructions and statements of the defendant. In accordance with what has been regulated in Article 184 of the Criminal Procedure Code, it can be said that the submission of evidence in the form of electronic documents in a general criminal case or special criminal case can be used as legal evidence, this can be seen by the expansion of the evidence contained in Article 5 paragraph (1) of the Information and Electronic Transactions Law and Article 26 A of Law Number 19 Year 2016 concerning Amendments to Law Number 11 of 2008, and Article 12 Paragraph (1) of Law Number 30 Year 2002 concerning the Corruption Eradication Commission jo. Law Number 19 Year 2019 which explicitly regulates the authority to conduct wiretapping conducted by the Corruption Eradication Commission. For this reason, it is hoped that the government will immediately ratify the Criminal Procedure Code in the future because Article 175 of the Criminal Procedure Draft is included in the legal evidence added to the judge's observation.
April 14, 2020
Adat Law ‘Larwul Ngabal’ in the Implementation of Regional Autonomy Policy
Page Numbers : 122-127
DOI : 10.36348/sijlcj.2020.v03i04.007
The purpose of this study was to find the legal position of Larwul Ngabal in the regional autonomy policy in the Kei Islands. This study uses a sociological-anthropological juridical approach that sees law as a social phenomenon that can be observed in people's life experiences. As an empirical legal research with a sociological-anthropological juridical approach, the data analysis technique is descriptive analysis. The results showed that the existence of Adat Law Larwul Ngabal in supporting the implementation of regional autonomy based on local wisdom in the Kei Islands both in the implementation of governance in Southeast Maluku Regency and Tual City was formally visible with the preparation of several regional regulations based on the values of customary values, but substantially have not been optimized in various local government policies in order to create a safe, fair and prosperous society, because they can be influenced by various factors such as legal factors, political factors and economic factors.
April 14, 2020
Harmonization and Synchronization of Laws Related to Management Authority of Coastal Marine Areas
Khelda Ayunita, Achmad Ruslan, Abd Razak, Hamzah Halim
Page Numbers : 128-133
DOI : 10.36348/sijlcj.2020.v03i04.008
The purpose of this study was to harmonization of laws concerning management of coastal marine areas and synchronization of regulations concerning management of coastal marine areas. This type of research is normative legal research, using a conceptual approach and a statute approach. The legal materials used in this study consist of primary, secondary and tertiary legal materials. The legal material that has been described in accordance with the main problem is then distributed, explored and then given an argument so that the whole forms a logically interconnected whole about the disclosure of logical rationale and the ontological basis for the issuance of laws governing coastal marine areas. The results of this study indicate that the laws and regulations are not synchronous, which means that they are not in harmony. The disharmony is very influential on the relationship of governmental authority. Because the relationship between the Government and the Regional Government should be synergized with each other in: (a) Carrying out tasks that have been attributed to the legislation, (b) Utilization of natural resources, (c) Granting of licenses, (d) Distribution of Results, (e) Determination of boundaries the region. As for the efforts taken, the government immediately made a norm as mandated in Law No. 23 Year 2014. Which then established the Regional Regulation. The substance of the PP and Perda emphasizes the portion of the Regency/City.
April 30, 2020
Ethical and Legal Challenges of Egg Donation in India
Dr. K. Sangeetha
Page Numbers : 134-138
DOI : 10.36348/sijlcj.2020.v03i04.009
The use of donor eggs in assisted reproductive technology (ART) has increased rapidly since the first birth following the use of this technology to a woman experiencing primary ovarian failure in 1983. In 2011 (the most recent year for which statistics are available), 18,530 ART cycles in the India involved the use of donor eggs. That represents 13.9% of all ART cycles, up from approximately 8% in 1995, the first year such data were collected. In 2011, 7,902 live births resulted from the use of donor eggs. National statistics do not indicate either the number of donors or the number of recipients involved in the process. Equivalent global statistics are difficult to compile due to variable mechanisms for tracking and presenting oocyte donation practices across jurisdictions. While the benefits of oocyte donation in assisting reproduction of women who are unable to produce eggs are clear, many aspects of oocyte procurement and use remain controversial. Indeed, with the introduction of egg donation for research and cryopreservation of eggs, the controversies are increasing. This paper will focus specifically on the controversies surrounding the legality and morality of various forms of payment for egg donation, including direct reimbursement for financial expenses incurred by participating in donation, compensation for time, discomfort, and inconvenience, reward for participating in donation that goes beyond compensation, and purchase of eggs. Apart from a nearly universal perspective that oocytes should not be purchased and sold as commodities, no consensus has been reached on appropriate recompense for egg donors. Major issues in this debate include the relative acceptability of monetary payment versus payment in the form of reduced fees for other reproductive services (often as a result of egg or sperm sharing) and the factors to be considered in determining the just compensation for the time, pain, discomfort, and potential physical risk egg donors face in this process. The effects of legal interventions imposed in various national contexts on the availability of this technology, the influence of egg cryopreservation, and the use of donated eggs for research rather than reproduction are discussed.