Examining the Challenges for the Compensation of Victims of Crimes: The Cameroonian Experience
Yata Eric Tantoh
Page Numbers : 286-295
DOI : 10.36348/sijlcj.2021.v04i05.004
In every society, when a crime is committed, it affects the victim and the community as a whole thus, promoting criminality and insecurity in the society. This calls for efforts to address the worrisome situations in order to heal the plight of the victim who suffers injuries as a result of crime waves. It should be noted that from investigation to trial, victims of crime are faced with numerous challenges. These challenges range from participating in the investigation and trial and more importantly adequate compensation for damage suffered following the commission of an offence. The key guiding principle in criminal justice for victims of crimes is to ensure that the person who suffers injuries or losses is compensated or restituted. Injuries or damage suffered by victims’ results from the commission of offences by either physical or juristic persons. Some of these offences include: murder, assaults, sexual offences, theft, destruction, human rights violations, environmental hazards, etc. Most at times the victims never have their compensations paid by the perpetrators of these heinous crimes. The preeminent query is whether there are options available for victims to ensure their compensations when real offenders cannot repair the harm. This paper through a content analysis, seeks to examine the challenges of victims’ rights to compensation in the administration of criminal justice in Cameroon. It seeks also to examine whether there are existing legal and institutional framework adequate and efficient in addressing the plight of victims of crime with regard to compensation.
Original Research Article
May 7, 2021
To Compensate Workers for Damage in Case of Illegal Termination of Labor Contracts
Nguyen Quoc Duy
Page Numbers : 279-285
DOI : 10.36348/sijlcj.2021.v04i05.003
Unilateral termination of a contract means the termination of the labor contract by the employer or the employee without the consent of the other party. Accordingly, when terminating the labor contract, there will be two cases, one is unilaterally terminating the labor contract in accordance with the law or unilaterally terminating the labor contract illegally. Although the law has a mechanism for one of the parties to unilaterally terminate the labor contract (hereinafter referred to as unilateral termination), to ensure benefits for the other party, the Labor Code also stipulates it is very clear which cases can be terminated, which cases cannot be terminated. Most of the cases that the law that allows unilateral termination may arise from other objective or subjective reasons, but in general, doing unilateral work will significantly reduce the significant damage to the party who is doing the job. This study focuses on analyzing the contents related to the termination of illegal labor contracts of both employers and employees, thereby pointing out the shortcomings in the Law, specifically the Ministry Labor Code 2019.
Original Research Article
May 4, 2021
Reconstruction of the Legal Definition of Children to Protect Sexual Violence Victim with Intellectual Disabilities Based on Justice Insight
Andrie Irawan, I Gusti Ayu Ketut Rachmi Handayani, Sri Kusriyah
Page Numbers : 272-278
DOI : 10.36348/sijlcj.2021.v04i05.002
This study aims to determine the weaknesses of regulations regarding child protection for persons with intellectual disabilities who are victims of sexual violence in Indonesia and to reconstruct the meaning of children in order to protect the rights of persons with intellectual disabilities who are victims of sexual violence in Indonesia. This study uses a constructivism paradigm based on literature review with juridical research methods. The results showed that the laws and regulations on child protection regarding the age limit of children are that it only refers to international conventions, without paying attention to the existing living laws in Indonesia, namely Customary Law and Islamic Law. Third, the reconstruction of mental age norms in the Child Protection Law can be further developed by making norms in the form of the draft of Article 1 point 1a that states that a child is someone whose mental age is under 18 (eighteen) years old according to a psychological expert's examination, for a person with intellectual disabilities as a victim of violence, the basis for the application of this norm is juridically existed in Article 28H paragraph 2 of the 1945 Constitution and socio-philosophically, through the theory of social justice developed by John Rawls with the principle of fair equality of opportunity.
May 4, 2021
The Effect of I.T on the Law of Stealing in Nigeria: A Comparative Perspective
Ngwu Godwin Emeka, Ogiri, Onyemaechi Titilayo
Page Numbers : 262-271
DOI : 10.36348/sijlcj.2021.v04i05.001
Stealing, generally, has been recognised as a criminal offence and worldwide it has been viewed as the permanent deprivation of a person's ownership in a property by another. The concept of property has often been limited to material things which can be transferred to or inherited by another. This paper seeks to shed light on those other things that are not but should be considered property for the sake of defining the offence of stealing. In doing this, the effect of technology on the concept of stealing in Nigeria will be examined. A comparative analysis of the Nigerian status and the status of a few select jurisdictions, as regards the subject matter, will be done. It is believed that at the end of this paper, the concept of stealing will be viewed broader than it is seen now and that what the average person would normally see as fraud or "419" (using the Nigerian slang), will be clearly classified as stealing.
April 29, 2021
Protecting Children’s Rights: Assessing the Impact of the Child Rights Act 2003 on Children in Nigeria
Obagboye, Tomi Grace
Page Numbers : 252-261
DOI : 10.36348/sijlcj.2021.v04i04.009
Children in Nigeria experience abuse of their fundamental rights on a daily basis. The living condition of many children is deplorable. Despite the adoption of the CRA 2003 children in Nigeria suffer a lot of abuse of their rights. There is no significant improvement in the welfare and quality of lives of children in Nigeria. This work considers how realizable these rights are and if there is a conducive socio-economic environment to actualize these rights. This work examines the impact of the CRA 2003 on the rights and welfare of children in Nigeria and posits that lack of awareness of the rights of children, lack of political will by the government to implement the CRA, non-adoption of the CRA 2003 by some states, socio-economic problems like poverty, lack of basic amenities, bad governance, among others, are responsible for the poor implementation of the CRA 2003. Good governance, effective implementation of the CRA 2003, punishment of offenders, improvement of socio-economic conditions, eradication of poverty, and uniform adoption of the CRA by all states in Nigeria are some recommendations underscored by this research. This study employs the doctrinal research methodology.
April 27, 2021
World Customs Organization Regulations and its Applicability within the CEMAC Customs Union: What Future for the Union?
George Cherabe Nchomba
Page Numbers : 241-251
DOI : 10.36348/sijlcj.2021.v04i04.008
The main role of any Customs Union is to facilitate trade through three main pillars: the simplification and harmonization of Customs procedures, the faster release of goods, and the reduction of trade costs through the elimination of tariffs and non-tariffs barrier to trade. However, this is not the case within the CEMAC Customs union as the importation, exportation and the transits of goods is hampered by tariffs and non-tariffs barriers, costly and time consuming border procedures, coupled with excessive physical and documentary control, regulatory requirements that leads to excessive delays at the inland and border offices. The present situation has not created an enabling business environment for trade facilitation within the CEMAC sub-region. The relevance of this article is to examine the extent to which the adoption of the relevant international standards of the International Convention on the harmonization and simplification of Customs procedures, otherwise known as the Kyoto Convention, by the CEMAC Customs Union can create an enabling business environment within the CEMAC sub-region. In order to attain the above objectives, we employed doctrinal and analytical research methodology. From our findings, we therefore, recommend among others that the effective implementation of World Custom Organization regulations within the CEMAC Custom Union will depend largely on the political will of decision makers and capacity building of customs administrators and personnel. This paper therefore, conclude with a number of recommendations which if effectively implemented and enforced, will go a long way to improve on the regulatory frameworks of the World Customs Organization within the CEMAC Custom Union.
Original Research Article
April 27, 2021
Laws on Drug Trading Conditions are applied in Practice in Dong Nai Province
Luong Quynh Trang
Page Numbers : 233-240
DOI : 10.36348/sijlcj.2021.v04i04.007
The study of the topic aims to clarify some theoretical issues about drugs and drug trading, the contents of current legal regulations on drug trading conditions, and practical application in Dong Nai province. On that basis, we can see the problems and shortcomings of the current law and propose a number of solutions to improve and improve the effectiveness of the application of the law on drug trading conditions in Vietnam in general and Dong Nai province in particular. To achieve that goal, this study focuses on the following contents: Analyzing the practice of drug trading in Dong Nai province, on that basis pointing out the limitations and shortcomings in the implementation of the law on drug trading lawsuits; analyzing the current legal status of drug trading conditions to point out inadequacies in the provisions of the law on the stated issue; provides a number of orientations, specific solutions, and recommendations to improve and improve the effectiveness of the application of the law on drug trading conditions.