Digital Commons Network^™

Justice Delayed, Justice Denied: A Critical Examination Of Repeated Suspect Status In Indonesia, Erwin Susilo, Mohd. Din, Suhaimi Suhaimi, Teuku Muttaqin Mansur

Hasanuddin Law Review

The Indonesian criminal justice system faces critical issues with the repeated designation of individuals as suspects, which compromises legal certainty and the protection of human rights. This study provides a critical analysis of the procedural and ethical consequences of repeated suspect designations within the framework of Indonesia's Criminal Procedure Code. This study employs a doctrinal legal research methodology, incorporating statute, case and conceptual approaches. The results show that pretrial judges assess the validity of suspect designations based on procedural and formal principles. Their authority is confined to reviewing formal aspects. These limitations underscore that pretrial proceedings focus solely on administrative …

An Overview Of The Legal Framework Of Advanced Fee Fraud And Cybercrime In Nigeria, Mu’Azu Abdullahi Saulawa

Hasanuddin Law Review

The paper seeks to discuss an overview on the advanced fee fraud offences as well as cybercrime in Nigerian. The aims of the paper focus on discussing the advanced fee fraud under the related provisions of Advanced Fee Fraud Act 2006 on the success of the law in addressing the practices of crimes in relation to information technology. The paper also discusses the cybercrimes in Nigeria with a brief look out on the Cybercrime (Prohibition and Prevention) Act 2015. Further, it also aims at examining the application of the law in the fraud offences which raises an issue of the …

Penerapan Konsep Rechtsvinding Dan Rechtsschepping Oleh Hakim Dalam Memutus Suatu Perkara, Harifin A. Tumpa

Hasanuddin Law Review

Hakim tidak boleh menolak untuk memeriksa dan memutus perkara yang diajukan padanya sekalipun dengan dalih hukumnya tidak jelas atau tidak ada. Hakim dituntut untuk dapat menggali nilai-nilai dan rasa keadilan yang tumbuh dan hidup dalam masyarakat. Konsep keadilan di sini bukanlah hasil dari intelektual manusia, melainkan dari jiwanya. Suatu keadilan tidak bisa muncul atau lahir dari suatu teori, sebab keadilan itu lahir alami dari hati nurani yang paling dalam dari seorang hakim yang juga manusia. Hati nurani yang murni dari seseorang tidak dapat datang tiba-tiba, melainkan ia lahir dari suatu proses dan latihan atau kebiasaan. Penemuan hukum (rechtsvinding) ataupun penciptaan …

The Scope Of Discretion In Government Administration Law: Constitutional Or Unconstitutional?, Victor Imanuel W. Nalle

Hasanuddin Law Review

Law No. 30 of 2014 on Government Administration (Government Administration Law) has set the scope of discretion in Indonesian legal system. But the form of discretion is limited in scope government decision (KTUN) and factual actions of the government. The restriction implicates circulars or others policy rule is not a form of discretion. In addition, the provisions concerning the terms of use discretion, procedures and legal effect of discretion in the Government Administration Law are not applicable to the use of policy rule. In fact, the substance of discretion in policy rule (e.g. circulars and instructions) has the potential of …

Victimological Approaches To Crime Of Rape In Indonesian Criminal Justice System, Khudzaifah Dimyati, Angkasa Angkasa

Hasanuddin Law Review

Neglect of rape victims in the Indonesian Criminal Justice System implicates at least two things; first, the victim does not receive legal protection, and second, the decisions of judges do not fulfill the sense of justice. Neglect of victims in the Criminal Justice System cannot be separated from the theory, doctrine and legislation, especially criminal law or the Penal Code, Criminal Procedure Code and the Corrections Act, which is oriented merely to the perpetrators (criminal oriented) instead of victims (victim oriented). Regarding the conditions above, this study was intended to provide a solution of the problems so that victims in …

Problematic Policy: Environmental Impacts Of Traditional Mining In Papua, Hotlan Samosir

Hasanuddin Law Review

Mining without permits has changed land cover in the mining area. The activities of people mining without permits have violated the principle of sustainable development, where the economic aspects take precedence over ecological and social aspects. The research is a normative-legal research using a statute, case and conceptual approaches. The research conducted in Nabire Regency, Papua, Indonesia. The results show that The activities of gold mining in Nabire regency which have been going on for decades have not been well-organized. The implementation of people mining has caused environmental damage, especially in the mining area. The environmental damage due to the …

Upholding The Impartiality Of Judges In Judicial Systems, Agus Nurudin

Hasanuddin Law Review

Free and impartial justice is a characteristic and ideal of a constitutional State. In societies with a free and open judiciary system, individuals are permitted to challenge a judge's verdict, ability to remain impartial, and conduct. This article a doctrinal research with statute, comparative, and conceptual approaches. Meanwhile, data were analyzed descriptively, consisting of quotes. The results show that impartiality legal process (free from pressure, both physical and psychological and impartial) is a characteristic of a constitutional State. In the criminal justice system has received a full principle of free and impartial justice. At the lowest level, this principle in …

The Imposition Of Sanctions For Children, Rafika Nur, Handar Subhandi Bakhtiar

Hasanuddin Law Review

In the children criminal justice system in Indonesia, there are two systems of sanctions namely criminal sanctions and sanctions actions. A child who commits a criminal offense may be subject to criminal sanctions or sanctions. Imposing sanctions for children becomes something oriented towards coaching and protecting children. However, the imposition of sanctions for children can not be effective because of conflicting legal rules, law enforcement officials who have different paradigms in guarding the legal process against children, facilities and infrastructure that are incomplete and inadequate, making it difficult to enforce sanctions on children as well as the poor stigmatization of …

Children's Recidivist Who Conducted Criminal Act: Legal Psychology Perspective, Ratnawati Ratnawati

Hasanuddin Law Review

Children's social environment influences their psychological return to crimes, and it is a treatment or reward from friends which they consider right since they are encouraged to repeat their actions. The research is an empirical legal research. The results shows that The role of psychologists in Special Child Development Institutions is not optimal, due to limited resources. Furthermore, parents or families should actively supervise and limit the association of children as this will prevent them from returning to the social environment. This is because the environment encourages them to commit criminal acts. Also, the government should make provision for their …

Protection Of Migrant Workers Under The Icmw: Incompatibility With Malaysian Laws And Position In Asean, Saidatul Nadia Abdul Aziz, Salawati Mat Basir

Hasanuddin Law Review

The International Convention on The Protection of The Rights of All Migrant Workers and Members of Their Families (ICMW) is the only Human Rights Convention that distinguishes between normal and irregular migrants in great detail. An analysis of the situation in Malaysia, based on feedback from relevant stakeholders, shows that there are insurmountable obstacles to ratification in relation to the ambiguous policy status for migrant workers, which is based on ad hoc policies. Malaysian legislation appears to be straightforward in its approach to labour migration policies, as it defines and categorises migrants into two distinct ‘categories': registered migrant (regular migrant) …

The Presence Of The Defense Lawyer In Vietnam’S Criminal Justice System: Substantive Or Cosmetic?, Le Lan Chi, Nguyen Thi Lan, Nguyen Hoang Ngan

Hasanuddin Law Review

Defense lawyers play an important role in protecting the rights and interests of the accused, contributing to upholding justice and reducing the number of wrongful convictions. In Vietnam, in accordance with the current Criminal Procedure Code of 2015, defense lawyers have been given more and more rights to perform legal defense activities. However, defense lawyers are still considered to be passive participants in criminal proceedings, classified under the “judicial complementary” group. The right of lawyers to collect evidence is restricted. Furthermore, other rights have not been fully implemented. The number of lawyers compared to the entire population remains low, and …

The Impact Of Indonesia's Mining Industry Regulation On The Protection Of Indigenous Peoples, Mohammad Jamin, Abdul Kadir Jaelani, Mulyanto Mulyanto, Reza Octavia Kusumaningtyas, Duc Quang Ly

Hasanuddin Law Review

The government has established various policies regarding mining in Indonesia. Still, an important question that needs to be asked is whether these policies have provided benefits, justice, and balance for indigenous and tribal peoples. This study aims to analyze the impact of Indonesian mining regulations on the protection of indigenous peoples. This is a normative legal research effort. The literature review gathers information from document analysis, which is analyzed qualitatively. Data analysis is descriptive-analytic in nature. The study results show that the impact of mining regulations still needs to reflect the recognition and protection of the rights of indigenous peoples. …

Human Right To Access Public Information: The Experience Of Ukraine And The Practice Of The Ecthr, Oleksandr Mykhailovych Shevchuk, Oleкsandr Mykhailovych Drozdov, Vadim Anatoliyovych Kozak, Anastasiia Oleksandrivna Vyltsan, Оlena Volodymyrivna Verhoglyad-Gerasymenko

Hasanuddin Law Review

The guarantee of ensuring the right to access public information is an important condition and criterion for functioning in a legal democratic state. In addition, realizing the right to access public information is essential for preventing and detecting corruption. The purpose of this work is to analyze international legal rules and standards, as well as to provide some examples of the practice of the European Court of Human Rights in the context of the implementation of the right to access public information. It has been established that the right to access public information is a component of the human right …

Disparity In Human Rights Violations: A Political And International Law Perspective, Aidir Amin Daud

Hasanuddin Law Review

Right to life is non-derogable rights. A natural right that should not be revoked arbitrarily by anyone, including the state. A mass murder in events 1 October 1965 and Timor-Timor is a double series of states’ failure in protecting the rights of Indonesian peoples. Moreover, these two events get different treatment in its handling. The disparity in treatment between two cases is a big question related to the consistency of human rights enforcement in Indonesia. This study is a descriptive-qualitative research. While, to prove the truth, this study will use a comparative study. The findings show that the attitude of …

Infiltrating The Black Box: Expanding The No-Impeachment Rule To Protect Defendants From Pervasive Juror Bias, Jordan Whitfield

Arkansas Law Review

In the United States, a criminal defendant is entitled to “a fair trial but not a perfect one, for there are no perfect trials.” However, defendants are also guaranteed the right to an impartial jury. While perfection within a jury is “an untenable goal,” a system that allows for juror bias during deliberations to go undetected threatens a defendant’s most crucial constitutional rights. Thus, when juror bias threatens to interfere with a defendant’s rights to a fair trial and impartial jury, there is a prevalent need for the judicial system to step in and mitigate the effects of juror bias. …

Decriminalizing Disease: A Health Justice Approach To Infectious Diseases And Criminal Law, Sean E. Bland

Arkansas Law Review

Infectious diseases, also called communicable diseases, are largely a public health issue and should not be criminalized. This Article seeks to re-frame the discussion around the legal framework for infectious diseases in a way that moves beyond a punishment mindset and toward a health justice mindset. The focus in this Article is on health justice rather than traditional understandings of public health, defined as the science and practice of improving the health of people and their communities. The Article makes three novel contributions. First, it applies a health justice framework to the critique of infectious disease criminalization. Second, the Article …

Arkansas Law Review - Volume 77 Issue 3, Journal Editors

Arkansas Law Review

No abstract provided.

Differences In Risk Appraisal And Neural Activity In Adolescents With A History Of Misconduct, Elizabeth S Escalante, Jessica S Flannery, Michael T Perino, Eva H Telzer

2020-Current year OA Pubs

While much of the prior work examining the behavioural and neural mechanisms of adolescent risk taking has focused on community samples, less is known about whether these mechanisms apply to adolescents engaging in high levels of risky behaviour. The current study examines behavioural and neural differences between adolescents with (N = 24) and without (N = 35) a history of misconduct using a risk perception questionnaire and risk-taking fMRI task. Adolescents with a history of misconduct perceived fewer negative consequences of risk relative to positive consequences and exhibited altered neural tracking of risk and reward in the nucleus accumbens. Specifically, …

When Police Volunteer To Kill, Alexandra L. Klein

Florida Law Review

The Supreme Court has upheld the constitutionality of lethal injection, yet states continue to struggle with drug shortages and botched executions. Some states have authorized alternative methods of execution, including the firing squad. Utah, which has consistently carried out firing squad executions throughout its history, relies on police officers from the jurisdiction where the crime took place to volunteer to carry out these executions. This represents a plausible—and probable—method for other states in conducting firing squad executions. Public and academic discussion of the firing squad has centered on questions of pain and suffering. It has not engaged with the consequences …

How To Become A Soldier In The Black Liberation Army: Sixteen Tomes, Tony Gaskew

Peace and Conflict Studies Journal Conference

From 1970 to 1983, it is estimated that the Black Liberation Army (BLA), by way of armed resistance in the name of revolutionary justice, was responsible for expropriating the lives of dozens of police officers across the United States of America. Yes, as unbelievable, and as extra-terrestrial as it might sound today, there was a very brief period in U.S. history when there were consequences for indiscriminate acts of police violence against the Black community. However, in the fields of conflict resolution and peace studies, the BLA is invisible. As a Black man who was born and raised in the …

The United States Of America V. Darren Seals, Tony Gaskew

Peace and Conflict Studies Journal Conference

The United States of America has an insatiable appetite for the corpses of Black men. Although only a silent whisper in the field of conflict resolution, Black men and boys face unprecedented levels of state-sponsored direct, structural, and metaphysical violence. Empirical evidence regarding disparities within the nuanced constructs of police killings, stop-and-frisk searches, educational attainment, unemployment, mortality rates, mass incarceration, and all forms of covert counterinsurgency (COIN) operations shows that Black men are without question, enemies of the state and what Leonard Harris calls the ultimate “necro-being.” You see, on September 6, 2016, 29-year-old Black male anti-police activist Darren Seals …

The Virginia General Assembly Needs To Spe(Llc) It Out: What Are The Vllca’S Fiduciary Duties And The Standards That Parties Must Abide By?, Carter B. Leverette

Liberty University Law Review

The limited liability company (LLC) has quickly become the most popular business entity in the United States thanks to its favorable pass-through tax treatment, limited liability, and customizability. A catalyst to this success is the parties’ ability to customize their business’s leadership structure and members’ relations through an operating agreement. In the world of business law, the fiduciary relationship and the duties that accompany it—loyalty, care, and good faith—are essential due to the need in a complex society for parties to bargain for and share or acquire different knowledge, skills, or expertise to accomplish particular goals. The flexibility of the …

Brief Of Criminal Law Professors Andrea Roth And J.D. King As Amici Curiae In Support Of Petitioner, Lesh V. United States, U.S. Supreme Court Docket No. 24-654, David B. Owens

Court Briefs

QUESTION PRESENTED

Article III of the Constitution provides that “[t]he Trial of all Crimes, except in Cases of Impeachment, shall be by Jury.” And the Sixth Amendment provides that “[i]n all criminal prosecutions,” the accused shall enjoy the right to trial by jury.

The question presented is: Whether the Constitution’s dual guarantee of trial by jury contains an unstated exception for “petty” offenses.

Exploring The Influence Of Police Officers Lived Experiences On Implementing Community Oriented Policing Of Marginalized Populations, Herman "Tracy" Williams Iii

Doctoral Dissertations and Projects

The oppositional relationship between the police and communities characterized as marginalized populations aptly describes an adversarial dynamic that hinders the effective implementation of guardian-focused, community-oriented policing. Fears of crime, claims of police bias, dehumanization, and perceptions of social disorder frequently breed socioeconomic decline in these communities. These conditions often contribute to citizens of marginalized communities viewing police officers as traditional policing warriors versus the roles of police as guardians who assist and protect the public. The problem is that the lack of cooperation and mutual distrust in interactions between the police and communities leads to external friction and internal organizational …

Occupational Hazard Of Policing: A Phenomenological Study Of Moral Injury Among Law Enforcement Officers, Harley J. Lenart

Doctoral Dissertations and Projects

The concept of moral injury is relatively new, and most of the attention has been aimed at military veterans. Moral injury is perpetrating, failing to prevent, bearing witness to, or learning about acts that transgress deeply held moral beliefs and expectations. While awareness has increased in recent years, research on moral injury among law enforcement officers is limited. On average, during a 20-year career, police officers are exposed to 700 critical incidents, while average citizens may witness two. Law enforcement officers struggle with job burnout, depression, and suicide. Most law enforcement mental health studies focus on Posttraumatic Stress Disorder (PTSD), …

A Relationship Between Education And Recidivism With Individuals Under Federal Supervision In The Western District Of North Carolina, Matthew John Wzorek

Doctoral Dissertations and Projects

The police, courts, and corrections generate the criminal justice system. Each department strives to achieve the same outcome: reducing recidivism rates. Unfortunately, the incarceration rate continues to increase, and U.S. prisons are overcrowded, making recidivism a critical issue. Previous research indicates that individuals who attain higher education while incarcerated are less likely to recidivate and more likely to secure employment than those who lack education. This study is designed to examine the relationship between education and reducing recidivism rates in the Western District of North Carolina. Specifically, this study is aimed to determine if former inmates who earned a higher …

An Examination Of Maternal Messages Given To Academically Successful African American Undergraduate Males By Their Single Mothers, Denee' Scott-Elliott

Doctoral Dissertations and Projects

The purpose of this phenomenological study was to examine the lived experiences of successful African American undergraduate males from single-parent homes, and the maternal messages that contributed to their academic success and resilience. Research shows that African American males face an icreased risk of academic underachievement, particularly those raised by single mothers. The participants consisted of African American undergraduate males who grew up in a single-parent home headed by their mother. For the purpose of this study, academically successful males were defined as males enrolled in a Historically Black College or University (HBCU) in the District of Columbia, Maryland and …

Citizen Complaints Against Police And Police Education Level: A Quantitative Analysis, Robert S. Swenszkowski

Doctoral Dissertations and Projects

Complaints against police officers result from citizens expressing dissatisfaction with police officers’ conduct, which is perceived as unjust. Citizen dissatisfaction with police services or the imposition of authority can lead to the belief that such authority is illegitimate and unjust, which can decrease levels of confidence and cooperation from citizens. Questions have long existed about the need for individuals to have some level of higher education to be employed as police officers. Yet, a consistent standardization for the minimum educational requirements for police officers in the United States has not been embraced. Research and theory suggest that higher education yields …

Building Community, Sarah Moss, Athan De Jong

The Voice

No abstract provided.

A Different Kind Of Summer School, Jennifer Vermeer

The Voice

No abstract provided.