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
The Protection of Human Rights in the European Union and the Perspective of the EU’s Accession to the ECHR
Andrei Emil Moise
Page Numbers : 231-239
DOI : 10.36348/sijlcj.2020.v03i07.003
The European Union has always stated its commitment to human rights and over the time has managed to bring this issue to the forefront, including in its relations with other states. It has introduced in its economic and trade agreements a clause expressly stipulating that the respect for human rights is an essential element of relations between the parties. With the entry in force of the Treaty of Lisbon, the Charter of Human Rights acquired binding legal force. So, the possibility of the European Union's accession to the European Convention for the Protection of Fundamental Rights and Freedoms and the ways in which it could be put into practice were discussed again. But in the context of accession, the questions arise as to how the two jurisdictional institutions can coexist, namely the European Court of Human Rights and the Court of Justice of the European Union, what relationship will develop between them and what mechanisms need to be developed for both the Charter and the Convention can be applied.
Original Research Article
July 28, 2020
The “Nullum Crimen, Nulla Poena Sine Lege” Principle and Foreseeability of the Criminal Law in the Jurisprudence of European Court of Human Rights
Andrei Emil Moise
Page Numbers : 240-247
DOI : 10.36348/sijlcj.2020.v03i07.004
Applying a similar legal provision or resorting to the principles of law, in the matter of private law, the judge has the duty to resolve any case when there is a lacunar legislation. Unlike in private law, in criminal law this is impossible, as there are two principles that prevent the court from establishing new facts as crimes and applying punishments that are not expressly provided by criminal law, namely the principle of legality of incrimination (nullum crime sine lege) and the principle of legality of punishment (nulla poena sine lege). In the present study we aimed to analyze the extent to which these principles of criminal law find their expression in the jurisprudence of the European Court of Human Rights.
July 22, 2020
Sub-regional Instruments as Vehicle for Domestic Maritime Legislative Development: Cameroon’s Experience with the ‘CEMAC’ Merchant Shipping Code
Buh Emmanuel Ndze
Page Numbers : 216-230
DOI : 10.36348/sijlcj.2020.v03i07.002
The regulation of the shipping industry is deeply rooted in treaties or agreements – whether bilateral, multilateral or universal. Where such treaties emanate from a sub-regional organization, however, it all depends on whether the organization in question is geared towards loose cooperation or formal integration. Basically, loose cooperation-oriented organizations such as the Gulf of Guinea Commission do not have treaty-making competence. However, they generally function alongside well-established international organizations such as the UN and IMO and are often credited with working to encourage states in the implementation and enforcement of major international instruments at the regional level. On the other hand, formal integration-oriented organizations such as the EU and CEMAC usually develop instruments that tend to heavily impact the legislative framework of their member-states. It is therefore to be expected that CEMAC instruments, notably the CEMAC Merchant Shipping Code, would impact Cameroon’s maritime legislation. Such impact can be seen from what Cameroon has achieved in terms of the modernization of its maritime legislation and the provision of solutions to the challenges inherent in its dual legal system. Furthermore, the CEMAC Shipping Code regime must also be perceived as a component of Cameroon’s overall effort geared towards meeting international maritime legislative implementation and enforcement standards. However, the challenges confronting the country at these various levels are huge and questions arise as to the adequacy of the CEMAC Shipping Code regime in addressing them. This article thus sets out to make an appraisal of the CEMAC Shipping Code regime in its perceived role as vehicle for developing Cameroon’s maritime legislation and addressing the related challenges inherent in the country’s dual legal system. The methodology adopted is doctrinal in approach and involves a content analysis of primary and secondary data. The article concludes with a proposed strategic framework for maritime legislative development and some practical suggestions directed at the government of Cameroon, but which should equally be useful to governments elsewhere.
Original Research Article
July 12, 2020
Analysis of Juridical Legal Protection of Women Reproductive Health in Family Planning: A Research Study in Batam City
Mediheryanto, Jemmy Rumengan, Fadlan
Page Numbers : 208-215
DOI : 10.36348/sijlcj.2020.v03i07.001
Protection of women's reproductive health law has been set out in Law No. 36 the year 2009 and specifically set out in law number 52 the Year 2009, but not yet well implemented. In the declaration of the International Conference on Population and Development is also recognized the right of reproductive women, the right of individuals to determine when having children, the number of children and the distance between children who are medically healthy, free from discrimination, compulsion/violence and do not contradict religious norms. Health services in the family planning related to the arrangement of pregnancy using contraceptives, for this often occurs problems are the difficulties of knowing the importance of access to services and the low compliance with the operational procedures, then in anticipation, it is necessary efforts with the creation of Minimal service standards, the establishment of a quality care team, the establishment of the operational team health and family planning.
Original Research Article
June 26, 2020
Abolition of Child Marriage Practices in Indonesia According to the United Nations Convention on the Rights of the Child
Iin Karita Sakharina, Aidir Amin Daud
Page Numbers : 202-207
DOI : 10.36348/sijlcj.2020.v03i06.009
The practice of child marriage in Indonesia is still prevalent to this day, and this is a serious problem. Indonesia still ranks second among Asian countries as a country that practices marriage against children after Cambodia. Generally, the practice of child marriage conducted in Indonesia is against children especially girls who are in rural areas and come from poor families. The purpose of this study was to see how the practice of child marriage of girls, especially in Indonesia and what efforts should be made to eliminate the practice of child marriage. This paper will discuss the steps that must be taken to eliminate the practice of child marriage in Indonesia, especially against girls as this becomes a serious and very detrimental issue, especially for girls. Because generally they are forced to undergo this. This research uses normative research type with qualitative method. The results show that the practice of marriage to girls in Indonesia occurs due to several factors, such as poverty, lack of education, and matchmaking tradition in some areas. The practice of marriage of girls is also contrary to the UN Convention on the Rights of the Child (UNCRC) that has been ratified by the Government of Indonesia through Presidential Decree of the Republic of Indonesia Number 36 Year 1990, besides the Indonesian Government has also issued Law of the Republic of Indonesia Number 35 Year 2014 on Amendment to Law of the Republic of Indonesia Number 23 Year 2002 on Child Protection, then refers also to the Marriage Law in Indonesia, Number 1 Year 1974 on Marriage. So in the opinion of the authors, the practice of marriage of children to girls in some areas in Indonesia is a form of violation of human rights to children according to the convention of children's rights which has also been ratified by the Indonesian government for more than 25 years so that there should be efforts made by the Government as a form of implementation of the UNCRC that has been ratified in the case of the protection and fulfilment of the rights of the child on the basis of the Convention, the author believes that the practice of marriage against girls should be abolished because it has been very long and very harmful for girls in Indonesia.
June 14, 2020
The Effects of the Powers of Justice of Peace on the Criminal Justice System of Pakistan (A Shift of Change or Stumbling Block?)
Shahzada Aamir Mushtaq
Page Numbers : 195-201
DOI : 10.36348/sijlcj.2020.v03i06.008
The legislators augmented the provision of section (22-A), in Criminal Procedure Code in order to provide the alternate platform to the man in the street against the highhandedness of police officials. The powers vested with the Justice of Peace aims to cross check the act of the station house officer whether he has acted legally or illegally under section 154, of criminal procedure code. The situation further aggravated when it becomes the establish practice of every Tom, Dick, and Harry to seek remedy under the shadow of the office of justice of peace. The mechanism outlined in the police order 2002, for the redressal of grievances has been failed. Without putting into operation the departmental hierarchy of police, the powers of Justice of Peace pushed the layman on the horns of a dilemma. The Supreme Court has broken the ice and advanced the line of action in order to address the procedure for the registration of complaints and investigations within the parameters of police order 2002 and ultimately cut this gordian knot. The present study was focus on the analysis of adverse effects of the powers of Justice of Peace on the criminal justice system by explaining the puzzling fact that why Bar councils boycott the turning initiative decided by the Pakistani supreme court in the form of precedent. The nature of administrative power possesses by two offices simultaneously and its adverse effects on the functioning of the criminal justice system. The parliament should play its pivotal role to embrace the proposed reforms from judiciary and national judicial institutions with the high head. A dedicated political will is required to bring new major reforms in order to meet emerging challenges in the criminal justice system instead of to left the room empty for judicature to weather the storm. Some recommendations after analyzing its long-lasting effects on the criminal justice system are also proposed.
Original Research Article
June 12, 2020
Quality of Public Services in the Capital Investment and Integrated Service of South Kalimantan Province
Public service is a duty of the government that must be fulfilled, the service performed is an activity to improve the standard of living of the people to achieve prosperity to achieve one of the objectives of the state which is to create prosperity for its citizens. This study aims to determine the quality of Public Services in the Investment Office and One-Stop Integrated Services of South Kalimantan Province. The method used in this study is a descriptive method with a qualitative approach where researchers use the theory of service quality indicators from zeithaml. Data collection techniques used by researchers through observation, interviews, and documentation, and for data analysis using the theory of Miles and Huberman which starts from observation, interviews, data presentation activities and concludes data. The results obtained in this study are that based on service quality indicators from zeithaml, it can be outlined that Service Quality in the Investment Service and Integrated Services of One Door South Kalimantan Province is still not optimal, including the lack of facilities and infrastructure and the location of offices far from the city. As for services from officers, get a fairly positive response, because service officers are very proactive in providing services to the community as the applicant for permission.