Violence and the Law in A Man of the People

2019 ◽  
pp. 157-180
Author(s):  
Katherine Isobel Baxter
Keyword(s):  
Political Corruption ◽  
Legal Process ◽  
The People ◽  
New States ◽  
The Law ◽  
Political Disorder ◽  
Indirect Rule ◽  
Legal Processes

Chapter Seven focuses on Chinua Achebe’s novel A Man of the People. In particular the chapter examines Achebe’s presentation of political disorder through scenes in which the law is suspended or displaced. The chapter argues that through these scenes Achebe points up the incoherence of the inheritance of colonialism, not least indirect rule, and the inevitability of the imposition of new states of exception as a response to this incoherence. Achebe directs our attention to the various ways in which the law and legal processes are sidestepped, dissipated and conflated in an era of political corruption through scenes of violence that stand in for, but are markedly not, the legal process of the trial. The chapter’s discussion is informed by reference to contemporary political and economic contexts.

scholarly journals PROBLEMATIC APPLICATION OF CRIMINAL REVOCATION OF POLITICAL RIGHTS IN PERSPECTIVE OF CORRUPTION LAW

2015 ◽  
Vol 15 (2) ◽  
Author(s):  
Edi As' Edi
Keyword(s):  
United Nations ◽  
Political Corruption ◽  
The State ◽  
Political Rights ◽  
International Conference ◽  
Criminal Sanctions ◽  
The People ◽  
United Nations Convention ◽  
The Law

The spirit of fighting corruption in Indonesia based on the spirit of the Declaration of the 8th International Conference against Corruption and Indonesia United Nations Convention against Corruption (UNCAC) UN 58/ 4 dated October 31, 2003, and Law No. 7 of 2006 on the Ratification of the UN Convention on Anti-Corruption of 2003 and Act No. 20 of 2001. The implementation of the Law on Corruption tends not optimal. As a new breakthrough reached the imposition of criminal sanctions in the form of revocation of political rights for the accused of corruption. Although in practice the criminal is considered unconstitutional. Given the enormous impact of corruption, namely the loss suffered by the people and the state, the current criminal disenfranchisement for perpetrators of political corruption has been duly applied. Keywords: pull, rights, corruption, politics.

scholarly journals TINJAUAN FIQH SIYASAH DUSTURIYAH TERHADAP UNDANG-UNDANG NOMOR 16 TAHUN 2011 TENTANG BANTUAN HUKUM

2021 ◽  
Vol 2 (2) ◽  
pp. 193
Author(s):  
Utari Lorensi Putri ◽  
Sulastri Caniago
Keyword(s):  
Islamic Law ◽  
Legal Aid ◽  
Legal Process ◽  
The People ◽  
Principle Of Justice ◽  
The Law ◽  
Principles Of Justice ◽  
Islamic Courts

The focus of the study in this research is on the perspective of fiqh siyasah dusturiyah to the Legislation Number 16 of 2011 concerning Legal Aid. The purpose of this paper is to explain and analyze how the implementation of Legal Aid towards the fulfillment of the rights and justice of the people based on the Indonesian constitution and fiqh siyasah dusturiyah perspective. Legal Aid itself is so that the rights of the people can be fulfilled in cases in court and out of court. In carrying out Legal Aid must use the principle of justice. Justice is meant to place the rights and obligations of everyone in a proportional, proper, correct, good and orderly manner, the principle of equality in law is that everyone has the same rights and treatment before the law and the obligation to uphold the law. In Islamic courts, the idea of providing legal aid has been formed. The principles of justice and equality before the law or the fulfillment of people's rights are included in the concept of legal aid. The provisions of Islamic law are the most fundamental basis for the existence of Legal Aid in the Islamic legal process.

scholarly journals Analisis Kebijakan Rehabilitasi Narkotika Terhadap Pecandu dan Korban Penyalahgunaan Narkotika di Batam

2020 ◽  
Vol 5 (1) ◽  
pp. 48
Author(s):  
Junimart Girsang ◽  
Beny Kaissar Simanjuntak
Keyword(s):  
Criminal Justice ◽  
District Court ◽  
Public Prosecutor ◽  
Legal Research ◽  
Legal Process ◽  
The Public ◽  
Criminal Justice Reform ◽  
The Law ◽  
Illicit Trafficking ◽  
Legal Processes

In the year 2017, Institute for Criminal Justice Reform (ICJR) found in the Surabaya District Court, the majority of the pleas of the Public Prosecutor for the accused as addicts and victims of narcotics abuse for convicting prison were 90% (ninety percent) and 10% (ten percent) are terminated by the imposition of narcotics rehabilitation as an attempted conviction. Therefore, this research was conducted in Batam city as one of the regions with high levels of narcotics illicit trafficking. The purpose of this study is to find out the procedures for implementing narcotic rehabilitation, to analyze the effectiveness of the law in the application of narcotic rehabilitation for addicts and victims of narcotics abuses in Batam City, and to measure the level of justice in providing penalization for addicts and victims of narcotics abusers processed through court verdicts. This research was carried out by conducting empirical legal research at the Riau Islands Police Narcotics Directorate, BNN Riau Islands Province, Batam District Court, and Batam BNN Rehabilitation Atelier. The results of this study state that in applying narcotic rehabilitation to addicts and victims of narcotics abuse can be made through voluntary and through legal processes (compulsory). The implementation of narcotics rehabilitation for narcotics addicts and victims of narcotics abuses in Batam City is not effective and the level of justice in providing criminal sentences for addicts and victims of narcotics abusers who through the legal process is felt to be unfair.

Peranan KPPU Bagi Pemangku Kepentingan Dalam Menegakkan Undang-Undang Larangan Praktik Monopoli Di Indonesia

Liquidity ◽  
2018 ◽  
Vol 3 (2) ◽  
pp. 190-200
Author(s):  
Muchtar Riva’i ◽  
Darwin Erhandy
Keyword(s):  
Stakeholder Participation ◽  
The People ◽  
The Law ◽  
The Government ◽  
Law Commission

The establishment of the KPPU is to control the implementation of the Act. No. 5/1999 on Concerning the Ban on Monopolistic Practices and Unfair Business Competition in Indonesia. Various duties and authority of the KPPU contained in Article 35 and Article 36 of the Act. But in reality, KPPU does not have executorial rights so that the various decisions of the commission often could not be implemented. Therefore internally strengthening of institutional existence by way of amending the Law Commission is very appropriate to be used by the government and parliament agenda. Externally, stakeholder participation is something very urgent and that the KPPU’s strategic optimally capable of performing their duties according to its motto: “Healthy competition Welfare of the people”.

Second Looks at Sentences under the First Step Act

2019 ◽  
Vol 32 (2) ◽  
pp. 76-85
Author(s):  
Sarah French Russell
Keyword(s):  
Sentence Length ◽  
Sentencing Decisions ◽  
Second Look ◽  
The People ◽  
The Law ◽  
Supervised Release ◽  
Federal Prisoners ◽  
Federal Judges ◽  
The Impact

Under the First Step Act of 2018, federal prisoners may now petition courts directly for reduction of their sentences, and judges may grant such requests if “extraordinary and compelling reasons” support reduction. Judges are also in the process of imposing reduced sentences in thousands of cases where the First Step Act has retroactively reduced statutory penalties. Not only does the First Step Act offer prisoners new opportunities for sentence reduction, but the law also may change how federal judges understand the impact of their sentencing decisions. Before now, in federal cases, judges rarely had the chance to take a second look at the prison sentences they (or their colleagues) imposed. Encounters between judges and the people they sentenced typically occurred only if a person violated the terms of supervised release after leaving prison. Now, judges can reassess sentence length while someone is still in prison and evaluate whether a reduction in the sentence is warranted. This newfound power allows judges to see their sentencing decisions in a new light and may influence how they conceive of the prison time they impose in future cases.

نظام التوثيق وأثره في إدارة الأصول الوقفية في دولة الإمارات العربية المتحدة: نماذج من إمارة الشارقة (Documentation System and its Impact on Endowment Managements in United Arabic Emirates: The Study of Emirate of Sharjah)

2019 ◽  
Vol 16 (2) ◽  
pp. 166-193
Author(s):  
مها بنت منصور الصائغ
Keyword(s):  
Human Life ◽  
Documentation System ◽  
The People ◽  
Endowment Management ◽  
Long Time ◽  
History Of ◽  
The Law

شهد تاريخ الأمة الإسلامية حضارة ونهضة عالمية في جميع مجالات الحياة الإنسانية، ومما كان له كبير الأثر في ذلك هو الأوقاف التي بدأت مع سيد البشرية محمد صلى الله عليه وسلم واستمرت بتنوع وشمولية إلى عصرنا الحالي؛ ولكن ما تعرضت إليه الأوقاف من إهمال وإقصاء وضياع يرجع لأسباب عديدة من أهمها غياب التوثيق الوقفي. تقوم الدراسة على تتبع مفهوم الوقف والتوثيق، والوقف في الإمارات العربية المتحدة ول سيما في إمارة الشارقة. توصلت الدراسة إلى نتائج منها: أن الأوقاف قائمة منذ زمن بعيد، وأن رغبة الواقف بالوقف وإقدامه عليها لم ينقصها سوى وثيقة، وأنه لا وثائق لها ولا مستندات، كما أن العرض الموجز لنشأة دائرة الأوقاف بالشارقة وسعيها لإحياء سنة الوقف ونشر ثقافته نراه يتضح شيئاً فشيئاً من خلال تفعيل مواد القانون والبحث حول الأنسب والأصح لحماية الأوقاف، ولم يكن هذا الاهتمام بالوقف إلا انعكاساً لتوجه الواقفين وتماشياً لرؤية الحكام وامتثالاً لنهج خير الأنام ورغبة في تكافل الأرواح وحباً للسلام. الكلمات المفتاحيّة: الوقف، التوثيق، المقارنة، الشارقة. Abstract The history of Islamic nation has witnessed a global civilization and it has had a great impact in all areas of human life, including the endowments that began with the master of humankind; Muhammad S.A.W. and it was continuing in diversity and comprehensively until our epoch. However, there are some problems related to endowment management such as negligence, exclusion and loss that due to many reasons. Among the most important reasons is the absence of endowment documentations. Therefore, the study aims to discuss the concept of endowment and documentation, as well as the endowment in United Arabic Emirates, especially in the Emirate of Sharjah. The study concluded that the practice of endowment has been existed for a long time, yet there are in need of endowment documentations. This study also found that the information related to the establishment of institution of endowment in Sharjah and its role has   spread widely to the people through the enforcement of the law and the implementation of the research related to the practice of endowment in order to sustain them in a good way. This documentation system was only a reflection of what has  stated in Shariah laws regarding the practice of endowment among the donors, so that it will be in line with the approach of good intentions and love of peace. Keywords: Endowment, Documentation, Comparison, Sharjah.   

Unfitness to Plead in England and Wales

2018 ◽  
Author(s):  
Rudi Fortson
Keyword(s):  
Mental Illness ◽  
Learning Disability ◽  
Developmental Disorder ◽  
Criminal Offence ◽  
Legal Process ◽  
England And Wales ◽  
Criminal Jurisdiction ◽  
Communication Impairment ◽  
The Law ◽  
Law Commission

This chapter examines the legal and practical issues encountered by practitioners when dealing with unfitness to plead litigation. As the Law Commission for England and Wales has pointed out, defendants charged with a criminal offence may be unfit to plead or to stand trial for a variety of reasons, including difficulties resulting from mental illness, learning disability, developmental disorder, or communication impairment. Two issues are considered: (i) how might those defendants who are unfit be accurately identified; and (ii) what steps should be taken by legal practitioners and by the courts of criminal jurisdiction to cater for the interests of vulnerable defendants, victims, and society, and to maintain the integrity of the legal process as one that is fair and just? The chapter evaluates the reform proposals of the English Law Commission and assesses how the law could be improved for all those who are involved in dealing with the unfit to plead.

Judicial Legislation

1989 ◽  
Vol 2 (1) ◽  
pp. 3-18
Author(s):  
Oliver Aylmerton
Keyword(s):  
Judicial System ◽  
Democratic Process ◽  
Central Topic ◽  
The People ◽  
Parliamentary Debate ◽  
The Law ◽  
Elected Representatives

The author describes the main characteristics of the English judicial system and its methodology. A central topic is the so-called judicial legislation, as is illustrated by the developing case lawwith respect to the tort of negligence. The method has the twin advantages of flexibility and pragmatism and it also has the advantages of speed. But there is a minus side also. First, the development of the law in this way can only be achieved at the expense of certainty. Secondly, it involves the alteration of the law, sometimes a quite radical alteration, without any extensive consideration of the practical and economic results such as would take place in the course of parliamentary scrutiny and debate. Judges are not the elected representatives of the people and the methodology of English Judges which results in the development and alteration of the law without the benefit of parliamentary debate may not perhaps be altogether a satisfactory democratic process to a constitutional purist.

Pro-Life or Pro-Choice? Humanistic Buddhists’ Voices Surrounding Abortion in Contemporary Taiwan

2021 ◽  
Vol 2 (1) ◽  
pp. 61-80
Author(s):  
Grace Cheng-Ying Lin
Keyword(s):  
Wide Spectrum ◽  
Life Forms ◽  
Buddhist Philosophy ◽  
Reproductive Politics ◽  
Discursive Analysis ◽  
The People ◽  
The Law ◽  
Humanistic Buddhism ◽  
Pro Life ◽  
Pro Choice

In Taiwan, abortion was legalized in 1984. This paper examines the voices surrounding abortion expressed by monasteries in Humanistic Buddhism, a prominent Buddhist philosophy practiced in modern Taiwan. Humanistic Buddhism emphasizes that it is a “religion of the people.” However, in addition to the law of karma and causality, the value of all life forms is prioritized based on the ethics of “non-harming (ahimsā).” When some monasteries insist that abortion is killing, resulting in karmic retribution, some express sympathy with a woman’s decision to abort. When some monasteries promote a newly popularized ritual to appease aborted fetuses, some are keenly critical of the exploitation of women and manipulation of scriptures. Through a discursive analysis, this paper demonstrates the wide spectrum of Buddhist narratives in response to reproductive politics embedded in the conflicts between modernity and tradition, as well as locality and globality.

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