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
Perjury as an offence has often been relegated to the confines of paper books. This is despite the tons of witnesses and deponents who intentionally and willfully base their testimonies on falsehood and lies, and the plausible sanctions spelt out in various criminal codes, making the reason for the lukewarmness of the offence a wonder and its relevance a doubt. It is for this reason that this thesis emerged. This paper, therefore, evaluates perjury from majorly four countries of Nigeria, United States, Scotland and India, exposes what their law on perjury is, compares their different provisions as it bothers on what can be perjurious, analyses the basis of the law and highlights thoughts to help cover the loopholes in the law. The paper further explores judicial attitude to legal lies, the circumstances where perjury is said to have been committed and the conviction therein, making a comparison of the decisions. The paper is concluded with several observations, challenges facing the seeming irrelevance of the law and offer of recommendations. Some of the suggestions is to limit the definition of perjury, extend its scope to claimants and plaintiffs, extend criminal culpability in the law to persons who aided and counseled the perjury, as well as the parastatals in charge of justice remind lawyers and the public on the effect of perjury and the need to enforce it.
Original Research Article
March 21, 2020
Progressive Police: Contextual Crime Handling Through Restorative Justice
Hadi Purnomo, Andre Yosua M
Page Numbers : 58-67
DOI : 10.36348/sijlcj.2020.v03i03.001
The phenomenon of crime from time to time shows an increasing trend in graph, both in quantity and quality, but such increase is not balanced with the ability to resolve the crimes. The average ability of the investigators to resolve crimes that occur is approximately only 47%. Law enforcement for various types of crimes is generally carried out through the mechanisms or procedures that are regulated in the Criminal Procedure Code, namely through the Criminal Justice System (SPP). This is as a result of using positivistic paradigm in the law enforcement. Law is only understood as a mere law. Therefore, in resolving criminal cases, the figure of police, who not only understand the text of rules of law but also the contextual aspects of case, is necessary. Such police figure can be referred to as Progressive Police, namely police who are willing to think and act out of the box so that they are not confined to rules (rule bounded). In Riau Islands, contextual crimes frequently occur so that they need to be handled contextually by the police. The actions are carried out through restorative justice, specifically through the Partnership Forum of Police and Society (FKPM). This study was conducted to elaborate the characteristics of Progressive Police and create "police gentlement" so as to be able to solve contextual crimes through restorative justice.
Original Research Article
Feb. 19, 2020
The Implementation of the Decision of Kpu In Relation to the Objection of Business Actors Due to Tender Conspiracy Case
Retno Susetyani, Dr. Yudho Taruno Muryanto, Prof. Dr. Pujiono S.H.MH
Page Numbers : 50-57
DOI : 10.36348/sijlcj.2020.v03i02.001
This thesis discusses the Commission's Decision No. 02 / KPPU-L / 2008 in a set of sanctions to change the treaty clause, namely: First, Do sanctions related change agreement has a clause in accordance with Article 47 paragraph (2) letter a of Law No. 5 of 1999, second, the consideration of the Business Competition Supervisory Commission Council to impose sanctions in the form of a clause to change the agreement. Third, how the implementation of the decisions related to the execution of the Commission. The results of the study to see that re-negotiate is not a form of administrative action of cancellation of the agreement. Cancellation of the agreement in question is the agreement null and void which resulted in the agreement never existed., This thesis discusses the Commission's Decision No. 02 / KPPU-L / 2008 in a set of sanctions to change the treaty clause, namely: First, Do sanctions related change agreement has a clause in accordance with Article 47 paragraph (2) letter a of Law No. 5 of 1999, second, the consideration of the Business Competition Supervisory Commission Council to impose sanctions in the form of a clause to change the agreement. Third, how the implementation of the decisions related to the execution of the Commission. In this study the authors describe and analyze associated with sanction in Case Decision No. 02 / KPPU-L / 2008 in the form of re-negotiate with the administrative action concerning the determination of the cancellation of the agreement as provided for in Article 47 paragraph (2) a and linked also with the objective requirements contained in Article 1320 of the Civil Code. The results of the study to see that re-negotiate is not a form of administrative action of cancellation of the agreement. Cancellation of the agreement in question is the agreement null and void which resulted in the agreement never existed.
Jan. 30, 2020
Adequacy and Enforcement of Green Crimes: A Stinging Satire of the Nigerian Case
Environmental deterioration has, over the years, produced unpleasant results with effects on health and economic development on earth. These health and economic ills are brought to the fore by pollution, inappropriate waste disposal, deforestation and wildlife extinction, most of which constitute criminal acts or omissions. In the wake of this, criminalizing environmental harm has become the mainstay of environmental legislation in Nigeria and even with the environmental laws and policies targeted at solving the problems, the situation in the country appears to be increasingly added-to, thanks to the weakness of the punitive measures and the sterility of the enforcement agencies in the country. This paper, therefore, scrutinizes the use of environmental law by selected enforcement agencies in Nigeria (federal and state levels alike) to curb environmental harm, prosecute green crimes, the methods of enforcement invoked by these agencies over the years, as well as the perceived challenges encountered in the enforcement of the relevant criminal provisions of the laws. Consequently, this paper proffers pragmatic solutions to the challenges of green crime enforcement in the country.
Jan. 24, 2020
The Condition and Consequences of Adultery in Bangladesh
Nelufer Yesmen, Md. Mazharul Hasan Nahid
Page Numbers : 32-38
DOI : 10.36348/sijlcj.2020.v03i01.004
Ethical decadences are increasing in our contemporary society day by day. Adultery is one of the examples of moral degradation. This study investigates the present condition and consequences of adultery and finds women commit adultery with ex-lover, relative, known person and in some cases with unknown person. Social media such as: facebook, whats app, viber, imo etc. are common tools to commit adultery in now days. Lack of moral sense, degenerate culture, lack of family bonding, technological development are the main causes for committing adultery and as consequences murder, divorce, spouse violence, domestic violence, flogging, sexually transmitted diseases, honor-killing, stoning etc are the result of adultery. It conducted based on secondary resources which are collected from books, articles, newspapers and authentic websites. This study tries to describe adultery through opportunity theory where adultery is thought a result of getting more opportunity. Legal authorities can get a clear idea about the conditions and consequences of adultery which can help the government to create policy to decrease adultery in Bangladesh.
Jan. 22, 2020
The Regulatory Framework governing Mobile Telecommunication Sector in Cameroon: A Blessing or a Curse in a Digital Economy?
Kinga Hellen Kimah
Page Numbers : 13-31
DOI : 10.36348/sijlcj.2020.v03i01.003
It is worth noting that mobile telephony has revolutionised the way people and businesses carry out their daily life activities worldwide and Cameroon in particular. In this regard, telecommunications and information technology is of utmost important in our social life, the economy, the business and education among others. Regrettably, the interacting innovations in products, services and technologies with a general convergence or blurring of distinctions between platforms, products and services has greated enormous challenges in the mobile telephony sector. From the forgoing, there is the need for regulatory measures in the mobile telephony sector in Cameroon in order to enhance its digital economy. This paper therefore, seeks to examine the fundamental principles of mobile telecommunications sector in Cameroon. This paper also aims at identifying the regulatory mechanisms with deterrent sanctions and fundamental rights and obligation of regulatory bodies (telecom operators) and appraises the current status of mobile telephony in Cameroon. In order to attain the above objectives, we employed doctrinal and analytical research methodology. 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 governing mobile telecommunication sector in Cameroon as the country strive towards emergence by 2035.
Jan. 17, 2020
A study on the Theory of Climate Justice in International Environmental Law
Guomin Ding, Guichang Liu, Yunxiang Chen
Page Numbers : 8-12
DOI : 10.36348/sijlcj.2020.v03i01.002
In recent years, the global environmental problems have become more and more serious, among which the global climate change issue is the most noticeable. As U.S. President Donald Trump announced his withdrawal from the Paris Agreement, the international community has raised new concerns about the sharing of the global environment burden, and the issue of climate justice has attracted more and more attention from the international community. How to deepen the international environmental law principle of "common but differentiated responsibilities" with the relevant ethics of climate justice will be an indispensable theoretical guide for global environmental governance in the future.