Can the Fourth Restatement of Foreign Relations Law Foster Legal Stability?
In: Northwestern Public Law Research Paper No. 20-06
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In: Northwestern Public Law Research Paper No. 20-06
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In: Social & legal studies: an international journal, Band 2, Heft 1, S. 73-90
ISSN: 1461-7390
The article deals with the system of legal proceedings that existed in Ancient Russia. The main attention is paid to the Russian Truth of Yaroslav the Wise as the main source of old Russian law. Russian Truth, which arose in the early feudal state of Kievan Rus with undeveloped socio-economic, political, ideological, socio-cultural and other relations did not yet know the concept of criminal and civil law and process. At the same time, the formation of the institution of private property and social inequality in the tribal societies of the Slavs, United by the single power of the Kievan Prince, contributed to the appearance and growth of various kinds of offenses among the population. This forced the government to take certain steps to prevent them and restore the violated rights and interests of citizens, which required the legislator to fairly clearly regulate the investigation of violations and consideration of cases in the courts.
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This Research focus in Judicial Corruption between community. This research as kualitative descriptive, Based on the description discussed in introduction and discussion section, there are some conclusion that can be drawn as follows: According to the examples given, it is true that judicial corruption that involves government officers occurs in the judiciary institutions. Based on the result of observation, it is found that judicial corruption does not only performed by government officers, but it also involves other parties, in this case; advocates and defendants. Essentially, judicial corruption behavior is also influenced by people's misconception of legal culture. As the justiciabelen or the seeker of justice, what is perceived by people is to win the civil case, or not to be imprisoned for criminal case. Therefore, this kind of legal culture always uses economic approach. It is true that one of factors that influence the judicial corruption is the violation of government administration law. In this case, such violation is performed by the government officers that are assisted by the advocates altogether.
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In: International journal of multicultural and multireligious understanding: IJMMU, Band 9, Heft 12, S. 262
ISSN: 2364-5369
The Simbur Cahaya Bangkahulu Constitutional Law was enacted in Bengkulu in 1862 during the reign of assistant resident J. Walland. This law was originally named Piagem Ratu Sinuhun (1639-1650) which was drafted together with ministers and Islamic Religious Figure (Ulama). Some of its contents are taken from the Javanese law which is called Simboer Tjahaja Karta Ampat Bitjara Lima. This study used qualitative research by combining library research and field research. For data collection techniques, in this case it has been analyzed from various available sources or other information related to the study of the concept of local wisdom in the community and as a source of legal education in Islamic higher education research institutions. Based on the results of research that has been done, this law was named the Sindang Marga Law during the reign of Sultan Palembang Darussalam Abdurrahman and changed to the Simbur Cahaya Law during the reign of the Dutch East Indies. When compared between the criminal law of the Criminal Code (Dutch Heritage) with Islamic law, customary law and law of Majapahit kingdom, it turns out that the law we use does not pay attention to the interests and material rights or personal property rights of the victim. Meanwhile, the crime in the Simbur Cahaya Bangkahulu Law requires the perpetrator or the convicted person to return the loss to the victim. So that values in customary law that are still relevant and more just should be used as a source of national law.
In: Queen Mary Law Research Paper No. 350/2021
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In: The international & comparative law quarterly: ICLQ, Band 25, Heft 2, S. 457-457
ISSN: 1471-6895
In: The international & comparative law quarterly: ICLQ, Band 22, Heft 3, S. 581-581
ISSN: 1471-6895
In: The international & comparative law quarterly: ICLQ, Band 20, Heft 3, S. 571-574
ISSN: 1471-6895
SSRN
Working paper
This study focuses on the link between criminal law and crossborder migration and will address two specific forms of migration : irregular migration and migration with a terrorist purpose. The main focus of this study is criminal law. This choice has resulted in a reversal of the original focus ; that is to say the effects of crossborder migration on criminal law as opposed to the effects of criminal law on crossborder migration. Both irregular migration and migration with a terrorist purpose undermine criminal law. With respect to irregular migration, criminal law is used as an administrative instrument to repel migrants from national borders particularly those in waiting zones and crossborder zones. Prevention policies against irregular migration implemented at the EU level have resulted in an entanglement of criminal norms, in various geographic areas, some of them were diverted to prevent migration by sea and other were created to stop migrants trying to enter by land via third countries. On the contrary, criminal law seems absent with regards to migration with a terrorist purpose. While it could effectively tackle this phenomenon, it seems overwhelmed by the rise of administrative police measures. These measures are able to anticipate in a quasi-predictive manner the risk of terrorism via crossborder migration and they in fact render criminal law ineffective. Thinking criminal law in the face of crossborder migration has allowed to reveal that irregular migration and migration with a terrorist purpose are legally contected, when they are considered through the prism of the risk conveyed. ; Centrée sur le droit pénal face à la migration transfrontière, la présente étude prend le parti d'intégrer en son sein deux formes de migration spécifiques : la migration irrégulière et la migration pour motif terroriste. Elle choisit également de faire du droit pénal son objet central. Ce choix conduit naturellement à renverser les perspectives initiales et à envisager, non les effets du droit pénal sur la migration ...
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Restorative justice in conflict resolution is an effort to resolve between criminals and victims of crime in criminal cases directly. More specifically, restorative justice seeks a way out by considering the good for all parties, be it for the perpetrator, the victim, or the victim's family. This article defines the basic concept of applying the Restorative Justice Policy as the settlement of criminal cases in the Electronic Information and Transaction Law. This article is a qualitative research using a conceptual normative approach. Data were collected through literature study, then analyzed using a data reduction process, data presentation and conclusion drawing. The application of Restorative Justice as a settlement of criminal cases as regulated in the legislation concerning Electronic Information and Transactions (UU ITE) is deemed appropriate considering that in the settlement of criminal cases, investigators must have the principle of prioritizing restorative justice in case settlement, and criminal law is the last resort that can be used. carried out as an effort to enforce the law (ultimum remidium), as stated in the Circular Letter Number: SE/2/11/2021 and the Chief of Police's Telegram Letter No. ST/339/II/RES.1.1.1./2021. With the process of returning to its original state (peace between the two parties), then criminal cases can be resolved and there is no need to continue the process in the judicial process.
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In: Crime, law and social change: an interdisciplinary journal, Band 37, Heft 3, S. 177-190
ISSN: 0925-4994
The theme of responsibility has grown considerably during the twentieth century. Legal professionals, whose lawyer , have not escaped this trend. Renowned in good faith , the lawyer was assured held liable solely on the basis of gross negligence or deceit.The use of these concepts was essential for it to be sentenced , thus restricting any appeal against it to the pure case study. Ethic ensured the integrity of the lawyer, and was a real obstacle to the idea of any responsibility towards the customer. His responsibility was limited to disciplinary field. But this is gone. The judge and legislator have framed the new activities of the lawyer and have updated various obligations for civil and criminal point.Now , the lawyer may be sentenced for civil, criminal and disciplinary. ; Le thème de la responsabilité s'est considérablement développé durant le vingtième siècle, les professionnels du droit, dont l'avocat, n'ont pas échappé à cette mouvance. Réputé de bonne foi, ce dernier était assuré de voir sa responsabilité engagée uniquement sur la base d'une faute lourde ou du dol. Le recours à ces notions était indispensable pour qu'il soit inquiété, restreignant ainsi tout recours à son encontre au pur cas d'école. La déontologie, garantie de l'intégrité de l'avocat formait comme un écran, véritable obstacle à l'idée de toute responsabilité à l'égard du client. Ce n'est que face à ses pairs que le professionnel pouvait avoir à rendre des comptes ou dans le cadre d'éventuels délits d'audience. Sa responsabilité était ainsi limitée au plan disciplinaire. Ces temps sont aujourd'hui révolus. Se basant sur la déontologie, le juge et le législateur entendent encadrer les nouvelles activités de l'avocat et ont mis au jour différentes obligations sur le plan civil comme pénal. Désormais,l'avocat répond de son activité sur le plan civil, pénal et disciplinaire.
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