Federation of Malaysia

2019 ◽  
pp. 125-158
Author(s):  
Daniel Pascoe
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
The State ◽  
Federal State ◽  
Judicial Discretion ◽  
Explanatory Factors ◽  
Capital Cases ◽  
The Impact ◽  
Over Time

As with Chapters 3 and 4, the case study on Malaysia begins with a thorough description of the country’s death penalty laws and practice, and Malaysia’s publicly known clemency practice over the period under analysis (1991–2016). Thereafter, for both the Malaysian (Chapter 5) and Indonesian (Chapter 6) cases, the potential explanatory factors for clemency incidence are more complex than for Thailand and Singapore, given these two jurisdictions’ more moderate rates of capital clemency and fluctuating political policies on capital punishment over time. Available statistics suggest that Malaysia’s clemency rate is moderately high, at between 55 and 63 per cent of finalized capital cases. Malaysia is a federal state where pardons are granted by the hereditary rulers or appointed state governors in state-based cases, or by the Malaysian king (Yang di-Pertuan Agong) in federal and security cases, all on the advice of specially constituted Pardons Boards. Chapter 5 presents the following two explanations for Malaysia’s restrictions on death penalty clemency: prosecutorial/judicial discretion and detention without trial in capital cases, and the Federal Attorney-General’s constitutional role on the State and Federal Pardons Boards. As to why Malaysia’s clemency rate has not then fallen to the miniscule level seen in neighbouring Singapore (with both nations closely comparable, as they were once part of the same Federation of Malaya), Chapter 5 points to the relevant paperwork placed before each Pardons Board, the merciful role played by the Malay monarchy, and the impact of excessively long stays on death row before clemency decisions are reached.

Republic of Indonesia

2019 ◽  
pp. 159-192
Author(s):  
Daniel Pascoe
Keyword(s):  
Death Penalty ◽  
Ad Hoc ◽  
Reform Era ◽  
Capital Cases ◽  
Two Factors ◽  
History Of ◽  
Over Time

Chapter 6’s case study on Indonesia, as with the previous three chapters, begins with a description of Indonesia’s death penalty laws, the country’s recent history of executions, and a list of publicly known clemency grants from 1991 to 2016. Thereafter, as with the previous chapter covering Malaysia, Chapter 6 lists several counterbalancing explanations for Indonesia’s ambivalent clemency practice from 1991 to 2016. Of the four jurisdictions under study, Indonesia’s clemency practice is easily the most irregular, seemingly defined more by ad hoc case-based factors and immediate political considerations than by long-term, consistent policies on particular crime and offender categories. As Chapter 6 documents in detail, the inconsistency of clemency over time and between cases is in itself the notable trend in Indonesia. Chapter 6 argues that the medium rate of clemency in Indonesia’s death penalty system is potentially explained by several theoretically informed factors: leniency exercised at earlier stages of capital cases’ progress through the criminal justice system; democratization and Indonesia’s ‘rule of law’ politics in the post-Suharto (1998–) Reformasi (reform) era; the collective pardon of the remaining 1965 ‘coup’ political prisoners by President Habibie in 1999; and finally, Indonesia’s uniquely languid clemency procedures before streamlining reforms in 2010. The first two factors serve to inhibit clemency, whereas the latter two lift Indonesia’s clemency rate to 26–33 per cent, at the very minimum.

Body Count Politics: Quantification, Secrecy, and Capital Punishment in China

2020 ◽  
Vol 45 (3) ◽  
pp. 706-727
Author(s):  
Tobias Smith
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Numerical Data ◽  
Social Effects ◽  
Reform Effort ◽  
Legal Representation ◽  
Capital Cases ◽  
The Impact ◽  
Statistical Indicators ◽  
Body Count

As quantification has become socially ubiquitous, the disclosure of numerical data emerges as a key feature of legal reform and global governance. Scholars document how seemingly value-neutral statistical indicators shape, and are shaped by, institutional interests. Although less attention has been paid to cases where states resist numerical disclosure, prohibitions on the disclosure of such indicators also produce social effects. This article extends scholarship on the governance effects of quantification to include secrecy by exploring the case of capital punishment data in China, which is reportedly the world’s leading executioner state. Amid a major death penalty reform effort, China steadfastly refuses international calls to publicly disclose relevant statistics. I analyze capital cases and draw on seventy-three interviews with legal insiders in China’s death penalty system to identify the impact of state efforts to conceal capital punishment indicators while undertaking reforms in three areas: transparency; legal representation; and criminal procedure. I show how tension between the disclosure and nondisclosure of death penalty numbers does not simply suppress data; it also shapes and becomes data, influencing both policy and action in the legal sphere in ways that are seemingly far removed from quantification.

The impact of business tourism clustering on the regional economy's development: A Greater Moscow case study

2020 ◽  
Vol 18 (7) ◽  
pp. 1397-1414
Author(s):  
K.S. Golondarev
Keyword(s):  
Multivariate Analysis ◽  
The State ◽  
Investment Climate ◽  
Private Investors ◽  
The Impact

Subject. This article explores the issues of business tourism clustering in Greater Moscow. Objectives. The article intends to justify the need to create a business tourism cluster in Greater Moscow to improve the investment climate in the region. Methods. For the study, I used a multivariate analysis, forecasting, and extrapolation. Results. The article shows a certain relationship between the efficient functioning of the business tourism cluster and the economy's development. Conclusions and Relevance. Certain types of tourist clusters can serve as platforms for attracting investors and implementing marketing plans. The business tourism cluster is a link between buyers and sellers in various industries. The results of the study can be used to improve the effectiveness of the cluster initiative in business tourism, as well as find ways of cooperation between the State and private investors when creating the business tourism cluster in Greater Moscow.

EKSISTENSI PENERAPAN HUKUMAN MATI DI INDONESIA

2016 ◽  
Vol 1 (1) ◽  
Author(s):  
R Ahmad Muhammad Mustain Nasuha
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Islamic Law ◽  
Criminal Code ◽  
The State ◽  
Court Decision ◽  
Constitutional Court ◽  
Draft Bill

This study aims the death penalty in Indonesia. We know where the death penalty is contrary or not in terms of the constitution and Islamic law, then we can conclude that if the legal implementation of the death penalty in Indonesia continue to be done or should be abolished. Based on research and the analysis conducted, conclude that Indonesia According to the Indonesian Constitution that the death penalty in Indonesia is constitutional. Constitutional Court Decision No. 2-3 / PUU-V / 2007 states that the imposition of the death penalty was constitutional. Any law governing capital punishment is not contrary to the Constitution of the State of Indonesia. However the legislation in Indonesia death penalty is still recognized in some legislation. There are three groups of rules, namely: Criminal Dead in the Criminal Code, Criminal die outside the Criminal Code, Criminal die in the Draft Bill. According to Islamic law that the death penalty could be applied to some criminal act or jinazah, either hudud qishahs, diyat or ta'zir among others to: Apostate, Rebel, Zina, Qadzaf (Allegations Zina), Steal (Corruption), Rob (Corruption), Murder.

The impact of wildlife-related benefits on the conservation attitudes of local people around the Selous Game Reserve, Tanzania

1999 ◽  
Vol 26 (3) ◽  
pp. 218-228 ◽  
Author(s):  
SARAH GILLINGHAM ◽  
PHYLLIS C. LEE
Keyword(s):  
Rural Communities ◽  
Wildlife Management ◽  
Positive Influence ◽  
The State ◽  
Institutional Issues ◽  
Conservation Attitudes ◽  
Game Reserve ◽  
Management Institutions ◽  
The Impact

In recent years there has been a proliferation of projects aiming to integrate human development needs with conservation objectives, and to establish mutually beneficial relationships for the management of natural resources between rural communities and the state. This paper presents data from a case study of human-wildlife interactions in villages along the northern boundary of the Selous Game Reserve in south-east Tanzania. Since 1989, this area has been the site of a project working to promote community wildlife management (CWM). Questionnaire survey data were used to examine villagers' conservation attitudes towards wildlife, the Game Reserve, and the activities of the CWM project and state wildlife management authority. Despite local support for the conservation of wildlife, many respondents were either unaware or held negative views of the activities of the wildlife management institutions. Logistic regression analyses show that while access to game meat from the CWM project has had a positive influence on perceptions of wildlife benefits and awareness of the project's activities, it has had no significant effect on local perceptions of the Game Reserve and the activities of the state wildlife management authority. The factors underlying the observed pattern of conservation attitudes were identified as the inequitable distribution of benefits from the CWM project, and the limited nature of community participation in wildlife management. The importance of institutional issues for the future progress of participatory approaches to conservation with development is emphasized.

Capital Punishment, Retribution, and Emotion

2018 ◽  
Vol 21 (2) ◽  
pp. 267-290
Author(s):  
Anthony Walsh ◽  
Virginia L. Hatch
Keyword(s):  
Decision Making ◽  
Death Penalty ◽  
Capital Punishment ◽  
Imaging Techniques ◽  
The United States ◽  
Fully Integrated ◽  
Group Stability ◽  
Normal People ◽  
Capital Cases ◽  
Almost All

This article explores the emotions behind the retributive urge as it applies to the death penalty in the United States. It is argued that the retributive urge is so strong because it engages the most primitive of our emotions, and that these emotions served adaptive purposes over the course of human evolution. Many scholars offended by the retributive instinct insist that we must put emotions aside when discussing the death penalty, even as jurors in death penalty cases, and rely on our rationality. To ask this is to ask what almost all normal people find impossible because the emotions evoked in capital cases (disgust, anger, sympathy for the victim, desire for justice) evolved for the purpose of maintaining group stability and survival by punishing freeloaders. Modern neuroscience has destroyed the traditional notion that rationality and emotion are antagonists. Brain imaging techniques show that they are fully integrated in our brain wiring, and both are engaged in decision making, but when reason and emotion yield conflicting judgments, the latter almost always triumphs. The evolutionary rationales for why emotions conducive to punitive responses for wrongdoers exist are examined.

Three stages of entrepreneurial orientation: the founder’s role

2019 ◽  
Vol 26 (2) ◽  
pp. 285-306 ◽  
Author(s):  
Torbjörn Ljungkvist ◽  
Börje Boers ◽  
Joachim Samuelsson
Keyword(s):  
Entrepreneurial Orientation ◽  
Single Case ◽  
Annual Reports ◽  
Structured Interviews ◽  
Theoretical Understanding ◽  
Content Type ◽  
Five Dimensions ◽  
The Impact ◽  
Over Time

Purpose The purpose of this paper is to understand the development of the five dimensions of entrepreneurial orientation (EO) over time by taking a founder’s perspective. Design/methodology/approach The paper draws on an in-depth single-case study. It combines semi-structured interviews in the company with archival data, such as annual reports, press clips and interviews in business magazines. Findings The results indicate that the EO dimensions change from being personalized and directly solution-oriented to being intangible value-creation-oriented. Originality/value By suggesting ownership-based EO configurations, this study contributes insights into how different ownership forms propel EO. These configurations – that is, personal, administrative based and intangible focused – show the impact of the EO dimensions and provide a systematic and theoretical understanding of EO change over time.

Poverty under Planning

2021 ◽  
pp. 254-295
Author(s):  
K. L. Datta
Keyword(s):  
Economic Growth ◽  
Policy Making ◽  
Poverty Reduction ◽  
State Level ◽  
The State ◽  
High Rate ◽  
Methodological Issues ◽  
Poor Households ◽  
The Impact ◽  
Over Time

Describing the manner in which poverty is incorporated as a parameter in planning, this chapter delineates the use of poverty estimates in policy-making, and in tracking progress of development over time and space. It dwells on the methodological issues related to measurement of poverty, and identification of poor households, comprehensively summarizing the debates surrounding it. Viewing the pace of poverty reduction as the ultimate test of planning, it quantifies the level and change in poverty since the 1970s. It analyses the state of poverty at national and state level, and assesses the impact of economic growth and income redistributive measures on poverty reduction. It brings out that the phenomenal decline in poverty in the reforms-era took place exclusively due to increase in income, eventuated by high rate of economic growth. Finally, it states that despite the decline, poverty remains a major concern.

Save the Death Penalty for the Most Culpable Offenders

1993 ◽  
Vol 21 (3) ◽  
pp. 363-372
Author(s):  
Michael B. Ross
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Mentally Ill ◽  
State Legislatures ◽  
Mentally Retarded ◽  
The State ◽  
Heated Debate ◽  
Speed Up ◽  
Controversial Topic

The death penalty is a controversial topic that continues to generate heated debate in our country. Polls show that the vast majority of Americans favor the use of capital punishment. In response, politicians both in Congress and in the state legislatures have proposed measures to expand our use of the death penalty and to speed up the rate of executions. However, while this “tough on crime” rhetoric is popular, we as Americans must be careful to see that those whom we do execute are in fact the most culpable of offenders. This article explores our past use of the death penalty and proposes that we implement certain protections for the least culpable of offenders: the mentally ill, the mentally retarded, and the juvenile.

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