legal reforms
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Author(s):  
Brahmantio Dwiputra ◽  

Law enforcement efforts should begin to consider and make victims as parties who have an interest in the judicial process. Victims of criminal acts so far have not received enough attention in an effort to fight for justice. The things that are considered and considered include legal certainty, expediency and justice. Legal certainty is closely related to the guarantee of protection to the community against arbitrary actions aimed at public order, while expediency is to create the greatest benefit or happiness to the community, while justice is truth, impartiality, can be accounted for and treats every human being at the same time. equal position before the law (equality before the law). Likewise, the judicial review institution as part of an extraordinary effort in enforcing the law should also be based on these three objectives. On the other hand, the unaccommodated or unaccommodated interests of the victims in the legal provisions encourage interpretations that lead to the defence of interests and justice for the victims, even though in the end it is considered contrary to the law. On this basis, reforms or formal legal reforms summarized in the Criminal Procedure Code, especially in the discussion on review, should be carried out immediately. Of course, these reforms must make the Criminal Procedure Code better and able to accommodate various problems that have not been accommodated so far. This new formal legal provision can later annul conflicting legal provisions between PERMA, the Constitutional Court's Decision and so on. In addition, it is hoped that the new KUHAP will also be able to end the pros and cons and confusion regarding the submission of a judicial review that has so far occurred in a criminal justice process.


Medievalismo ◽  
2021 ◽  
pp. 389-408
Author(s):  
Alberto ROBLES DELGADO

Alfred the Great is, without a doubt, an important figure not only in English history, but also in that of the European Middle Ages. His policies for dealing with the Nordic invasion of England, as well as his cultural, educational and legal reforms, have made this king a revered figure in English intellectual circles, especially in the 19th century. It is striking that, in spite of his popularity, this monarch does not have a more prominent presence within audiovisual media, which is the artistic mass media par excellence of the twentieth and twenty-first century. The objective of the present work is to investigate the historical popularity and audiovisual trajectory of this king, as well as to analyze his representation in the cinema and television productions that have dealt with him. Alfredo el Grande es, sin duda, una figura importante no solo de la historia inglesa, sino de la propia Edad Media europea. Sus políticas para hacer frente a la invasión nórdica de Inglaterra, así como sus reformas culturales, educativas y jurídicas, han convertido a este rey en un personaje reverenciado en los círculos intelectuales ingleses, sobre todo en el siglo XIX. Resulta llamativo que aun así este monarca no tenga una presencia mucho más destacada dentro de los medios cinematográficos y audiovisuales, los medios artísticos de masas por antonomasia del siglo XX y XXI. Es justo el objetivo del presente trabajo trazar la trayectoria mediática y popular de este rey, así como analizar su representación y construcción en las producciones audiovisuales que han tratado su figura.


2021 ◽  
pp. 826-834
Author(s):  
Irina Izyumskaya

Introduction: the article is devoted to the historic background of the prison system in the Kuban and features of the prison institutions formation in Yekaterinodar – the center of the Kuban Oblast, formed in 1860. The article, based on the comprehension of historical experience and analysis of archival materials, shows the impact of the 1860– 1870 state-legal reforms on construction of new and enlargement of current prisons and studies the specifics of prisoner detention conditions. It reveals the role of the Yekaterinodar Military Prison Committee “Prisons Custody Society” in enhancement of Yekaterinodar’s penitentiary institutions: organization of places of detention and provision of the necessary detention regime; control over detainee’s welfare; improvement of medical care for prisoners, etc. Purpose: to reflect development features of penitentiary institutions in the Kuban as a whole and Yekaterinodar in particular. The methodological basis of the research consists of philosophical, general scientific and private scientific methods (dialectical, system-structural, historical-genetic, comparative, formal-legal, etc.). Discussion: based on a brief analysis of the works of N.I. Galkina, N.V. Slavinskii, M.K. Batchayeva, S.A. Lobova, etc., devoted to the issues under consideration, as well as the study of materials contained in the funds of the State Archive of Krasnodar Territory, the author presents chronological background of formation and development of the Kuban prison institutions. As a result of the conducted research, the researcher comes to the following conclusion: since Yekaterinodar acquired the status of a civil city in 1867, there was a sharp increase in out-of-town visitors, which led to a rise in the number of crimes and, accordingly, persons serving sentences in the form of imprisonment. It involvedthe expansion of existing prison facilities and construction of new ones, in particular, the Yekaterinodar regional prison in 1876. The establishment of the Yekaterinodar Military Prison ommittee “Prisons Custody Society” in 1867, which was in charge of the entire Kuban penitentiary system, helped achieve some success in prison guardianship within its competence. The development of guardianship in relation to prisoners should be considered one of the mechanisms that solved the problem of improving prisoners’ situation. This activity was financed by state and private charitable funds. The author also notes that the Kuban prisons addressed acute problems, characteristic, however, of the entire penitentiary system, such as insufficient funding of prison facilities, unsuitability of prison facilities, i.e. overcrowding, and harsh detention conditions.


2021 ◽  
Vol 12 (4) ◽  
pp. 153-170
Author(s):  
Svitlana Hladchenko ◽  
Halyna Bilanych ◽  
Inna Ivzhenko ◽  
Lilia Florko ◽  
Kateryna Vakarchuk ◽  
...  

The purpose of the article is to explore the gender aspect of the modernization of Tunisian society from modernism to postmodernism, which defined the cultural concept of the twentieth century. The article conducts a comprehensive study of gender aspects of the modernization of Tunisian society since the beginning of this modernization in 1900 of the XX century. to the beginning of the XXI century; for the first time the periodization of the women's movement in Tunisia in the period of modern history is presented and substantiated; analyzed the history of the impact of political and legal reforms of the Tunisian government on changing the gender situation in society; reflects the specifics of gender ideas and practices of Tunisian society in historical retrospect. The degree of influence of the French colonial regime on the modernization of Tunisian society in a gender context is determined; an analysis of the specifics of gender relations in Islamic society. It is proved that Islamic democracy was presented as a guarantor of the real emancipation of women, provided that she retains the primary status of wife and mother. This principle, due to the socio-cultural traditions of Tunisian society, was in fact basic in gender perceptions and for this period. Biographies of the leaders of the Tunisian movement show that their social self-realization was usually directly ensured by the status of the wife of a politician.


2021 ◽  
Vol 6 ◽  
pp. 49-63
Author(s):  
Afif Noor ◽  
Haniff Ahamat ◽  
Ismail Marzuki ◽  
Dwi Wulandari ◽  
Akhmad Arif Junaidi ◽  
...  

Islamic fintech lending regulation and consumer protection are important matters that serve as behavioral guidelines and guarantee the fulfillment of consumer rights. Islamic fintech lending has high risks, such as default, sharia compliance, and implementation of dispute resolution. This study aims to find and analyze the regulation and protection of Islamic fintech lending consumers in Indonesian laws and regulations. This research is normative juridical research that examines the law as a norm in legislation by using secondary data which is analyzed qualitatively by descriptive analysis method. Normatively, there are no regulations that specifically regulate or contain Islamic fintech lending. Thus, consumer protection is also weak. Policymakers must carry out legal reforms by issuing laws or regulations that regulate Islamic fintech lending and its business activities to realize legal certainty, justice, and benefit.


2021 ◽  
Author(s):  
Sean Whittaker

The book discusses the normative impact of the Aarhus Convention on how England, America and China guarantees the right of access to environmental information. Through this analysis the book identifies each of these jurisdictions' unique conceptualisations of the right which, in turn, influences the design of their respective environmental information regimes. This allows these jurisdictions potentially to act as sources of legal reforms for each other to improve how the right is guaranteed via legal transplant theory, challenging the normativity of the Aarhus Convention. This is not to suggest that the Aarhus Convention exerts no normative influence on how the right is guaranteed; there are core substantive and core procedural elements which have to be met for the right to be effectively guaranteed, and the book shows that the Aarhus Convention does exert a normative influence over the procedural elements of the right.


2021 ◽  
Vol 41 (1) ◽  
pp. 27-38
Author(s):  
Naomi Cahn

Menopause is defined by its relationship to menstruation––it is the cessation of menstruation. Medical texts identify menopause as part of the cycle of “decay” associated with female reproductive functions; early menopause is often a dreaded result of various medical treatments and a sign of disfunction. It turns out that only three types of animals experience menopause: killer whales, short-finned pilot whales, and humans, while other animals can reproduce until death. Although the precise relationship between evolutionary theory and the physical development of human menopause is still uncertain, scientists and anthropologists suggest that the “grandmother hypothesis” provides a partial explanation: older women, who can no longer produce their own children, ensure their genetic legacy by playing a critical role in helping to feed, raise, and nurture their grandchildren. The average woman will spend almost as many years “post-menopause” as they will menstruating, and they may spend four years (or more) experiencing perimenopausal symptoms, the transition time between “normal” menstruation and menopause. But legal issues relating to perimenopause, menopause, and post-menopause are just beginning to surface, prompted by the movement towards menstrual justice, feminist jurisprudence, and developments in the law of aging. This Essay is an initial effort to catalogue various legal approaches to menopause and to set out areas for further analysis. It briefly explores cultural images of menopause and post-menopausal women, including the ubiquitous hot flashes; analyzes potential legal claims for menopausal justice; and suggests the interrelationship between such approaches and social attitudes towards menopause. It suggests that “normalizing” menopause––acknowledging its realities––is one means for removing the associated stigma and “disabilities” and might result in reinterpreting existing laws and guiding future legal reforms.


Prawo ◽  
2021 ◽  
Vol 332 ◽  
pp. 37-53
Author(s):  
Józef Koredczuk

Bishop Ignacy Krasicki’s attitude to the political-legal reforms in Poland of the King Stanisław era Bishop Ignacy Krasicki was one of the best known figures in Poland of the King Stanisław era. He was known primarily as a poet, writer, author of fables. As the Bishop of Warmia, he occupied a very high position in Poland’s political hierarchy at the time — he was a member of the country’s Senate. Yet, he failed to meet the expectations of the people associated with him, primarily King Stanisław August Poniatowski, whose closest associates included Krasicki in the first period of his political career. His involvement after 1772, the most important time in the analysed period with regard to political-legal reforms in Poland, was made difficult by the fact that the Bishopric of Warmia, which he was the head of, found itself outside Poland’s borders, an event not without an impact on Krasicki’s political attitude. Krasicki not being much involved in the turbulent political life in Poland at the time does not mean that Poland’s affairs were not close to his heart. He was first and foremost a poet, not a politician, and that is why he referred to these affairs metaphorically in his literary works. Die Stellung von Bischof Ignacy Krasicki zu den rechtlichen und politischen Reformen in Polen der Poniatowskizeit Der Bischof Ignacy Krasicki war eine der bekanntesten Personen in Polen der Poniatowskizeit, bekannt vor allem als Dichter, Literat und Märchenschreiber. Als Bischof von Ermland und Mitglied des Senats hatte er auch eine sehr hohe Position in der damaligen politischen Hierarchie in Polen. Entgegen den Erwartungen der ihm nahe stehenden Personen, vor allem des Königs Stanislaus II. August Poniatowski, zu dessen engsten Mitarbeitern er in der ersten Phase seiner eigenen politischen Kariere gehörte, erfüllte er die an ihn gesetzten Hoffnungen nicht. Sein Engagement nach 1772, also dem wichtigsten Jahr in der besprochenen Zeit hinsichtlich der rechtlichen und politischen Reformen in Polen, war erschwert. Das Bistum Ermland, das er verwaltete, kam nämlich außerhalb der Grenzen von Polen, was nicht ohne Einfluss auf seine politische Haltung blieb. Das gemäßigte Engagement Krasickis in das rege politische Leben in Polen soll nicht so gedeutet werden, dass dieses Thema ihn nicht berührte. Er war vor allem ein Dichter und kein Politiker, so äußerte er sich zu den polnischen Angelegenheiten per Metaphern in seinen literarischen Werken.


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