‘Not falling for that’: law's detraction and legal consciousness in the lives of Brazilian anti-torture activists

2020 ◽  
Vol 16 (1) ◽  
pp. 39-56
Author(s):  
Fabio de Sa e Silva
Keyword(s):  
Justice System ◽  
Legal Consciousness ◽  
Law Enforcement Agencies ◽  
Consciousness Studies ◽  
The Everyday ◽  
The Law ◽  
Law And Justice ◽  
Definition Of ◽  
Depth Interviews

AbstractLegalised accountability – the definition of torture as an illicit behaviour and the mobilisation of law-enforcement agencies, prosecutorial offices and courts to gather evidence, prosecute and convict torture perpetrators – has become central to anti-torture policies around the world, including Brazil. Based on legal-consciousness scholarship and in-depth interviews, this paper investigates the place and meaning of law in the everyday lives of Brazilian anti-torture activists. Counter-intuitive as it may sound, interviewees articulated an account in which law's authority is largely rejected, while non-legal tools against torture look much more preferable – even if they residually and cynically engage with the law. While exploring the discursive roots of such account, this paper highlights the role of law and justice institutions, particularly those in the criminal justice system, in the of building social support for – or rejection of – the law. These findings add to our knowledge of law's hegemony, while providing valuable insights for future legal-consciousness studies.

Forensic Tactics by Tadeusz Hanausek as a Method for Detecting Perpetrators of Crime

2019 ◽  
Vol 11 (1) ◽  
pp. 85-94
Author(s):  
Karol Juszka ◽  
Kazimiera Juszka
Keyword(s):  
Forensic Science ◽  
Justice System ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Research Issues ◽  
Research Activities ◽  
Research Findings ◽  
The Subject ◽  
Definition Of

The aim of the article is to present the views of a classic forensic scientist prof. zw. dr hab. Tadeusz Hanausek, the founder of Cracow school of forensic science, who has shaped the Polish foundations of forensic tactics, which is currently one of the disciplines of forensic science. The presentation of professor Hanausek has been reflected in the implementation of his dogmatic point of view in the practice of law enforcement agencies and the justice system both during his life and after his death. Professor Tadeusz Hanausek determined the reasons for the initial underestimation of the role of forensic tactics despite the acceptance of this term, built a definition of forensic tactics and developed scientific research that allowed him to indicate a growing role of forensic tactics in the implementation of the functions of forensic science and the criminal procedure. The article presents the fundamental issues of Tadeusz Hanausek’s creative scientific interests, which he first defined and then consistently pursued and developed in his scientific and research activities. The pioneering scientific and research issues in question were passed on by professor Tadeusz Hanausek to the representatives of his Cracow school of forensic tactics and then developed, presented and widely discussed on the national, European and international forum. The subject matter of the article is also focused on the examples of practical application of the professor’s ideas in an effective detection of perpetrators of crime. In addition, the publication is based on the research findings of the judicial and prosecutorial records of one of the authors of this article, who is an active representative, popularizer and, above all, a continuator of professor Hanausek’s Cracow school of forensic tactics.

scholarly journals THE ROLE OF MARTIAL COURT IN THE PERSPECTIVE OF LAW ENFORCEMENT IN INDONESIA

2021 ◽  
Vol 6 (22) ◽  
pp. 66-73
Author(s):  
Mahfutt Mahfutt ◽  
Khairil Anwar ◽  
Billi Belladona Matindas
Keyword(s):  
Secondary Data ◽  
Armed Forces ◽  
Primary Data ◽  
Court System ◽  
Criminal Offenses ◽  
The Law ◽  
Law And Justice ◽  
The Republic ◽  
The Military

The position of the Military Court is a body that executes the judicial power in the circle of the Indonesian National Armed Forces to enforce the law and justice with due observance of the interest in the state defense and safety. The Military Court is authorized to try the crimes committed by someone who when committing such crime is a soldier of the Indonesian National Armed Forces, a member of a group or office or body or equal to a soldier pursuant to the Law and someone is not included in the said group as set forth in the Law Number 31 of 1997 on Military Court. Following the reform of 1988, the existence of the Military Court is developed by some activists and the public that observe the Military Court, insisting the Parliament of the Republic of Indonesia to revise Law Number 31 of 1997 on Military Court, with the focus point for a soldier of the Indonesian National Armed Forces who commits a general crime to be tried in the General Court with the reason that the Military Court practice is closed in nature, and another reason is the equalization of rights before the law. The method used in this research is the normative law research that is carried out to obtain the necessary data relating to the problem. The data used is secondary data consisting of primary law materials, secondary law materials, and tertiary law materials. In addition, primary data is also used as the support of the secondary data law materials. The data is analyzed by the qualitative juridical analysis method. The results of the research show that the Military Court is one of the mechanisms that are always tried to be maintained. The outcome from the research discovers that the role of the Martial Court in Indonesia remains effective, fair, and democratic to this date realistically marked by fair punishment within the jurisdiction offended, which corresponds to the need of TNI institution in the aspects of Culture, Benefit, Assurance, and Fairness. It is recommended that the RI Government continuously develop and improve the same by maintaining the role of the Martial Court in punishing criminal offenses committed by military members on the Martial Court system currently in force.

scholarly journals Peranan Kepolisian dalam Penerapan Restorative Justice terhadap Pelaku Tindak Pidana Pengeroyokan yang Dilakukan oleh Anak dan Orang Dewasa

2019 ◽  
Vol 5 (1) ◽  
pp. 32
Author(s):  
Haryanto Ginting ◽  
Muazzul Muazzul
Keyword(s):  
High School ◽  
High School Students ◽  
Law Enforcement ◽  
Restorative Justice ◽  
Justice System ◽  
Law Enforcement Officers ◽  
School Students ◽  
Criminal Offenses ◽  
Law And Justice

<p class="1judul"><em><span>The Role of the Police in the Application of Restorative Justice to Perpetrators of Criminal Offenses Conducted by Children and Adults</span></em></p><p class="1judul"> </p><h1><span lang="EN-US">The rise of cases of brawl between high school students and even not only between high school students, but also has hit up to campuses, this often happens in big cities such as Jakarta, Surabaya, and Medan. This study aims to determine the role of the Police in implementing Restorative Justice against perpetrators of criminal acts of beating carried out by children and adults that occurred in the District of Namo Rambe District of Deli Serdang. The research method is done by using descriptive qualitative method that is normative. Based on the data obtained in the results of this study, the authors draw conclusions as follows: The criminal justice system must always promote the importance of law and justice. But there is a false view that the measure of the success of law enforcement is only marked by the success of bringing a suspect to court and then being sentenced. The measure of success of law enforcement by law enforcement officers should be characterized by the achievement of values of justice in the community. The police as a state tool that plays a role in enforcing the law is expected to be able to respond to this by implementing a Restorative Justice mechanism.<strong></strong></span></h1>

scholarly journals Makna Kekerabatan Dalam Budaya Lonto Leok Pada Proses Pilkada Di Manggarai Barat

2021 ◽  
Vol 9 (1) ◽  
pp. 9-19
Author(s):  
Benedictus Simangunsong ◽  
Felisianus N. Rahmat
Keyword(s):  
Political Process ◽  
Secondary Data ◽  
Primary Data ◽  
Literature Study ◽  
Election Process ◽  
The Everyday ◽  
Kinship Ties ◽  
The Relationship ◽  
Depth Interviews

                                                                        Abstrak Budaya memainkan peran yang sangat penting dalam politik karena menjadi cerminan masyarakat dalam menentukan sikap dan pilihan politik atau membentuk karakteristik masyarakat dalam berpolitik. Contoh dari hubungan antara budaya dan politik bisa tergambarkan pada isu kekerabatan  pada pilkada Manggarai Barat 2020 yang dibahas dalam penelitian ini. Fenomena kekerabatan yang dimaksud adalah adanya kecenderungan dari masyarakat Manggarai Barat pada umumnya untuk memilih pemimpin yang seasal atau karena faktor kekerabatan dan kekeluargaan atau dikenal sebagai budaya lonto leok yang masih kuat mempengaruhi kehidupan masyarakat termasuk politik. Penelitian ini menggunakan paradigma interpretif dengan metode penelitian Fenomenologi. Adapun pengumpulan data penelitian dilakukan dengan data primer yaitu melakukan wawancara mendalam dan dokumentasi serta data sekunder berupa studi kepustakaan. Wawancara dilakukan kepada para informan yang melakukan lonto leok menjelang Pilkada Mabar Tahun 2020 dan juga pada pilkada-pilkada sebelumnya. Hasil penelitian menunjukkan bahwa makna kekerabatan dalam budaya lonto leok pada proses pilkada di Manggarai Barat adalah kebersamaan dan ketergantungan. Sementara peran budaya lonto leok dalam proses politik adalah pada saat pengambilan keputusan dan menumbuhkan ikatan kekerabatan.   Kata kunci: Budaya, Politik, Kekerabatan, Lonto Leok, fenomenologi, makna kekerabatan                                                                   Abstract   Culture plays a very important role in politics because it reflects the everyday life of society in determining political attitudes and choices or shaping the characteristics of society in politics. One of them many examples about the relationship between culture and politics can be illustrated in the issue of kinship in the 2020 West Manggarai regional election discussed in this study. The kinship phenomenon in question is the tendency of the West Manggarai community in general to choose leaders who are in the same kinship and it is known as the lonto leok culture which still strongly influences people's life, including politics. This study uses an interpretive paradigm with phenomenological research methods. The research data collection was carried out with primary data, namely conducting in-depth interviews and documentation and secondary data in the form of literature study. Interviews were conducted with informants who conducted lonto leok ahead of the 2020 Mabar Pilkada and also in the previous pilkada. The results showed that the meaning of kinship in the lonto leok culture in the election process in West Manggarai was togetherness and dependence. Meanwhile, the role of lonto leok culture in the political process is at the time of making decisions and fostering kinship ties.   Keywords: Culture, Politics, Kinship, Lonto Leok, phenomenology, meaning of kinship  

THE ROLE OF THE PROSECUTOR'S OFFICE OF UKRAINE IN THE CONTEXT OF ENSURING GUARANTEES OF THE INDEPENDENCE OF JUDGES AND THE AUTHORITY OF THE JUDICIARY

2021 ◽  
Author(s):  
Vasyl Khmyz ◽  
◽  
Ruslan Skrynkovskyy ◽  
Tetiana Protsiuk ◽  
Mariana Khmyz ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Access To Justice ◽  
Law Enforcement Agencies ◽  
Professional Activities ◽  
Administration Of Justice ◽  
The Status ◽  
Legislative Framework ◽  
The Law

The article reveals the role of the prosecutor's office of Ukraine in the process and in order to ensure guarantees of the independence of judges and the authority of the judiciary. A study of the legislative framework of Ukraine proves that the role of the prosecutor's office in the process of ensuring guarantees of the independence of judges and the authority of justice is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Prosecutor's Office», the Law of Ukraine «On the Judicial System and the Status of Judges», the Code of Professional Ethics and Conduct of Prosecutors, the Criminal Procedure Code Of Ukraine, the Criminal Code of Ukraine, as well as other regulatory documents. It was found that the judge, performing professional activities in the direction of the administration of justice, is independent of the various influences, pressure or interference, which are illegal. The legislation of Ukraine determines that the principle of the independence of the judge indicates that the judge is not obliged to provide explanations regarding the nature and content of the cases being pending, with the exception of cases established by law. State authorities, local self- government bodies, officials and officials of these bodies, individuals and legal entities and associations of such persons should respect the independence of judges and in no case should encroach on it. It was determined that one of the principles on the basis of which the professional activities of the prosecution authorities are based is the principle of respect for the independence of judges. It has been proved that the High Council of Justice always adheres to the position of unconditionally ensuring the independence of judges and establishing this direction as a priority type of activity for law enforcement agencies, in particular, for the prosecutor's office. Fast and quality investigation of crimes related to the professional activities of judges will, first of all, contribute to the observance of constitutional law regarding the principle of access to justice.. It is noted that the prospects for further research in this direction are the study of the legal basis for the observance of the principle of the rule of law and legality by the judiciary in the context of performing professional activities.

scholarly journals Polish Democracy Under Threat? An Issue of Mere Politics or a Real Danger?

2016 ◽  
Vol 9 (1) ◽  
pp. 49-68 ◽  
Author(s):  
Sava Jankovic
Keyword(s):  
Political System ◽  
Civil Service ◽  
The Media ◽  
Constitutional Tribunal ◽  
The Law ◽  
Law And Justice ◽  
Ruling Party ◽  
Real Danger

Abstract Poland has recently experienced a constitutional crisis. The crisis involves the role of the Law and Justice Party (PiS) in the election of judges and amendments to the Constitutional Tribunal Act which threatens the independence of the Tribunal. The situation is exacerbated by changes in the media, civil service, police, and prosecution laws introduced by the ruling party. This article analyses the changes, as well as the domestic and international reactions to the crisis, and considers whether the heavy criticism of the PiS is justified, or whether it results from, for instance, specific characteristics of the Polish political system and an unfavourable opinion in Europe about the Law and Justice party.

scholarly journals The Role of Law Enforcement Agencies in Preventing Dowry-Related Crimes in Bangladesh and India

2015 ◽  
Vol 23 ◽  
Author(s):  
Mohammad Abu Taher ◽  
Siti Zaharah Jamaluddin
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Continuous Process ◽  
Judicial Decision ◽  
Law Enforcement Agencies ◽  
Secondary Sources ◽  
Social Custom ◽  
The Law ◽  
Victims Of Violence

Laws are made for implementation. Needless to say, the effective enforcement of laws depends on proper functioning of the law enforcement agencies. Both the Governments of Bangladesh and India have enacted a number of legislations relating to the issue of dowry. Payment of dowry is a social custom still prevalent in both countries where women have become victims of violence every year. Thus, it is the law enforcement agencies that can prevent the women from the menace of dowry-related crimes through the proper application of existing criminal law. In this context, the role of the law enforcement agencies concerning crimes of dowry is crucial. Enforcement of law is a continuous process from the time an offence is reported till the offender is prosecuted and punished. This is a long process involving various stages such as, investigation, prosecution, trial and judicial decision. In this long procedure numerous agencies e.g., the police, the judiciary and the lawyers play their roles. The article looks at the position in Bangladesh and India because unlike India, where there exists the dowry prohibition Officer who deals with dowry demands, Bangladesh lacks a similar enforcement mechanism. Thus, the objective of this article is to examine the position in both countries where the role and functions of the law and law enforcement agencies are made. The article is developed based on the analysis of secondary sources and the decisions of the judiciary of Bangladesh and India concerning dowry-related crimes.

scholarly journals Christian interpretation of anthropological guidelines for lawmaking

2020 ◽  
Vol 38 (Especial) ◽  
pp. 511-522
Author(s):  
Mykola Nesprava ◽  
Mykhailo Rizak ◽  
Vladlen Volkov ◽  
Oksana Voluiko ◽  
Yevhenii Skrypa
Keyword(s):  
Social Relations ◽  
Research Methodology ◽  
Homo Sapiens ◽  
Synergistic Interaction ◽  
Legal Consciousness ◽  
Human Being ◽  
Christian Doctrine ◽  
The Law

The objective of the article is to reveal the main foundations of human creation enshrined in Christian doctrine, which serve as axiological guidelines for the elaboration of laws, providing a humanistic content of the law. The research methodology is based on dialectical, formal-dogmatic, sociological, comparative-legal and documentary methods. The results of the study demonstrate that theocentrism and anthropocentrism are not opposed to each other in Christianity, but rather are combined into an integrated theological and anthropological picture of a man. Considering this prism of legal consciousness as a reflection of the supreme law of God, the authors refute the secular-positivist view of "homo juridicus" as a soulless subject of law and emphasize the role of the Gospel commandments as a guide. for the elaboration of laws. It is concluded that the Christian vision of the synergistic interaction of the human being and the legislator through the unity of three incarnations: "homo spiritus" - "homo sapiens" - "homo juridicus" indicates the values, which are designed to ensure humanization of the law through the humanization of social relations in general.

scholarly journals Frontline Response to High Impact Domestic Violence in Portugal

2021 ◽  
pp. 215-238
Author(s):  
Paulo Machado ◽  
Lúcia G. Pais ◽  
Sérgio Felgueiras ◽  
Carina Quaresma
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Criminal Law ◽  
High Impact ◽  
Law Enforcement Agencies ◽  
Social Transformations ◽  
National Network ◽  
The Law ◽  
The Government

There have been profound social transformations in Portugal in the last 50 years. Portugal currently adheres to the international and European agenda to prevent domestic violence. In the chapter the Portuguese legislation and the reporting figures regarding domestic violence, the role of the Law Enforcement Agencies, other first responder agencies, and pertinent stakeholders in responding to high impact domestic violence, as well as the National Network for the Support of Victims of Domestic Violence, are addressed. The authors also discuss good practices and significant challenges. Two of these are intertwined – none of them is quickly addressed, nor can they be addressed by themselves. One is developing a collective attitude that considers domestic violence as unacceptable behaviour, besides being punished by the criminal law. The other is directly posed to the law enforcement agencies and has to do with the increasing complexity of the operational procedures (derived from the new tools presented by the government recently). The problem of elites provoking social change on a superlative level is to forget that adopting new social models is not achieved by decree but through social influence processes, which takes time.

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