Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Sch Int J Law Crime Justice
Professor Rakesh Raj Kumar Bhala
Scholars Middle East Publisher
Country of Origin:
“Scholars International Journal of Law, Crime and Justice” ISSN 2616-7956 (Print) and ISSN 2617-3484 (Online) is a Monthly, peer reviewed, open access, Journal published by published by “Scholars Middle East Publishers”, Dubai, UAE. This Journal publishes Original Research Articles, Review, Mini-Reviews, Short Communications, Case Reports and Case Series, Essays within the whole field of Law and its related fields.
Scope of Journal
The scopes of “Scholars International Journal of Law, Crime and Justice” includes all the areas of research activities and findings in all fields of law like- Civil law, Criminal law, Property law, Income tax law, Labor law, Minor law, Environment law, Administration law, Constitutional law, Press law, Marine law, Public international law, Family law, Law of Torts, Corporate law, Excise law, Limitation and arbitration law, Air law, Defamation law, Parliamentary law, Private law. Crimes like- Penology, Sociology of law, Victimology, criminal anthropology, Criminal Psychology and Forensic psychology. Criminal Justice like- Law Enforcement, Court System, Corrections and Rehabilitation.
Professor Rakesh Raj Kumar Bhala
Ex-Professor, at the University of Kansas School of Law, Lawrence, KS 66045, USA & Associate Dean for International and Comparative Law Raymond F. Rice Distinguished Professor
Prof. Dr. Nirmal Kanti Chakrabarti
Professor and Director, School of Law, KIIT, Deemed to be University, Bhubaneswar Orisha India
Alemnew Gebeyehu Dessie
Assistant Lecturer of Laws Debre Markos University, School of Law, Bahir Dar University, Bahir Dar, Ethiopia
Senior Lecturer Faculty of Applied Social Sciences, Zimbabwe Open University, Bulawayo, Zimbabwe
Dr. Aneesh V. Pillai
Assistant Professor (Law) School of Legal Studies Cochin University of Science and Technology, Cochin University, Kochi Kerala - 682 022, India
Faculty of Law, University of Delhi New Delhi, India
Mr. Anil Kumar
Assistant Professor Department of Law, School of Legal Studies, Central University of Kashmir, Srinagar, India
Dr. Islam Faisal Bourini
Al Falah University Dubai, UAE
Dr Prem Nath
Professor, Department of Law Panjab University Chandigarh Punjab, India
Professor Gabriela Topa
National University of Distance Education (UNED), Department of Social and Organizational Psychology, UNED, Madrid, Spain
Dr Anu Mehra
Professor Law Centre-I, Faculty of Law, University of Delhi Chhatra Marg, Delhi-110007 India
Dr. D.S. Makkalanban
Assistant Professor National Law School of India University (NLSIU), P.O. Bag 7201 Nagarbhavi, Bangalore - 560 072 Karnataka, India
Dr. Samia Hassan
Assistant Professor Department of Law College of Sciences and Human Studies Prince Mohammed bin Fahd University Dhahran 34754, Saudi Arabia
Extradition and Constitution (Article 35.3 of the Somaliland Constitution)
Page Numbers : 149-154
DOI : 10.36348/sijlcj.2020.v03i05.003
Constitutions of new countries are expected to facilitate extradition relations as well as other modalities of international judicial cooperation with other countries. This is specifically important for countries, such as Somaliland, which seek recognition of their independence. However, in some cases, their Constitutional provisions do not succeed in materializing the right balance between national interests and the interest in fighting crime at the international level. As a result, the Constitution of such countries may even hurdle efficient extradition relation and eventually, isolate the country from the joint struggle against crime. This seems to be the case of Article 35 (3) of the Somaliland Constitution, in particular. This research paper is designed to explain the weaknesses of the aforementioned Paragraph 3 and provide some ideas for its improvement.
Original Research Article
May 7, 2020
Euthanasia – A Right of the Human Being or a Crime against Humanity?
Page Numbers : 139-143
DOI : 10.36348/sijlcj.2020.v03i05.001
Although subject to some of the most important international documents is the fundamental rights and freedoms of man, however, in today's society the man has lost sense of the value and of the dignity of the person and of the sacred human life. Throughout time, man has had a varying attitude toward his own life, just as society’s attitude towards its members lives had been variable. When we speak of euthanasia we are talking about human life. This way we come to ask ourselves on the value of life, its foundation and its principle. Although all European States, as well as numerous other countries worldwide have dropped the death penalty and, although it advocated for the abolition of the death penalty throughout the world, human euthanasia or medical assisted suicide is tolerated or legalized. Moreover, in the states where human euthanasia has been decriminalized "for humanitarian reasons", major protests are held against the euthanasia of animals. We live in an age of paradoxes… We live in a time when it is trying to inoculate that everything is done in order that mankind lead a life as easy ... If life has its roughness, then we cannot not ask ourselves why and for what we endure? There is a moment in which to terminate life support aimed to make it to become an act morally? How could it be described such a moment?
Original Research Article
May 7, 2020
Chemical Castration of the Sexual Offender versus Human Fundamental Rights and Freedoms
Page Numbers : 144-148
DOI : 10.36348/sijlcj.2020.v03i05.002
In order to prevent and discourage the commission of sexual offences, it is necessary to have certain special mechanisms able to combat the recidivism of those who have committed such acts, but even in such conditions it cannot be justified to limit the right of a person to physical integrity. In any system of law based on democratic principles, any party to a legal relationship, including when this is a state authority, has an obligation to adopt conduct that does not harm human dignity or the rights and freedoms of the citizens. Therefore, no democratic state can be recognized the right to draft laws contrary to or affecting the right of human beings to life and to physical and mental integrity. On the contrary, it is forbidden to apply, in any form, torture, cruel or inhuman or degrading treatment or punishment, even in the case of those persons who pose a danger and threat to society. Any attack on the dignity of the human being is impossible to accept in a democratic society. In this context, the question may arise as to whether or not this measure may be mandatory ordered by the court by a final judgment of conviction, irrespective of the main penalty applied and in the conditions in which it would be perform by specially authorized medical institutions.
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.
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 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.