scholarly journals To Keep the Law or to Repeal It: Views of Parliamentarians On the Call to Decriminalise Attempted Suicide in Ghana

2021 ◽  
pp. 003022282110666
Author(s):  
Emmanuel Nii-Boye Quarshie ◽  
Kwaku Oppong Asante ◽  
Johnny Andoh-Arthur ◽  
Charity Sylvia Akotia ◽  
Joseph Osafo

We explored the views of members of parliament (MPs) in Ghana on the call to decriminalise attempted suicide. We applied reflexive thematic analysis to Parliamentary Hansards (2017–2020) on calls to decriminalise attempted suicide in Ghana. 11 MPs shared their stance for or against the call. We developed three major themes that entailed, often, opposing views: (1) deterrent effect of the law (against: the law punishes and deters to protect life; for: the law is insensitive and has ironic effects), (2) enforcement of the law (against: leave things as they are, the law is not enforced, anyway; for: crime is not self-inflicted) and (3) prioritisation of suicide prevention (against: focus on more pressing issues, but resource support systems; for: the law and legitimate support systems cannot co-exist). The findings indicate two needs: to extend suicide literacy to Ghanaian MPs, and to initiate a public/private member’s bill on attempted suicide decriminalisation.

Author(s):  
Joseph Osafo ◽  
Charity S. Akotia ◽  
Johnny Andoh-Arthur ◽  
Kofi E. Boakye ◽  
Emmanuel N-B Quarshie

This study explored the views of judges and lawyers of the superior courts of Ghana on the law criminalizing attempted suicide. Qualitative data were collected from 12 experienced legal practitioners of the superior courts (five judges and seven lawyers) using a semi-structured interview schedule. Thematic analysis of the data yielded three main perspectives: In defence of the Law, Advocating a Repeal, and Pro-Health Orientation. Although exploratory, the findings of this study offer cues for stepping up suicide literacy and advocacy programmes toward either a repeal of the law or a reform.


Crisis ◽  
2014 ◽  
Vol 35 (2) ◽  
pp. 132-136 ◽  
Author(s):  
Heidi Hjelmeland ◽  
Joseph Osafo ◽  
Charity S. Akotia ◽  
Birthe L. Knizek

Background: Attempted suicide is still considered a crime in Ghana. Aims: The purpose of this study was to investigate the attitudes toward this law held by health workers and police officers in Ghana so as to provide culture-sensitive arguments to aid in abolishing the law. Method: Qualitative interviews were conducted with eight clinical psychologists, eight emergency ward nurses, and eight police officers. Results: The majority of informants did not agree with the law criminalizing attempted suicide in Ghana, although five of the emergency ward nurses and two police officers did. Arguments for agreeing with the law were that people have no right to take life and that the law has a deterrent effect and thus it will help reduce the suicide rate. The main argument for not agreeing with the law was that suicidal behavior is a mental health issue. Those who argued in favor of the law did not seem to reflect much on the reasons for suicidal behavior. Conclusion: Education on how to understand suicidal behavior and suicidal people may aid the work toward decriminalizing attempted suicide in Ghana.


Jurnal Hukum ◽  
2016 ◽  
Vol 31 (2) ◽  
pp. 1721
Author(s):  
Muhammad Aziz Syamsuddin

AbstractThe spirit of the eradication of corruption is running continually. Various efforts or strategies were arranged to sharpen the power of corruptions’ eradication. One of the strategies is legislation support or comprehend and effective legislation. It was proved by the enactment of Law No. 28 of 1999 on State Implementation of Clean and Free from Corruption, Collusion and Nepotism and also Law No. 31 of 1999 as amended by Law No. 20 of 2001 on Corruption Eradication. The other related legislation such as Law No. 30 of 2002 on Corruption Eradication Commission and the Law 8 of 2010 on the Prevention and Eradication of Money Laundering.  Those Supporting legislations show that there is a shared commitment to eradicate corruption. Indonesia has also ratified the UNCAC (United Nations Convention against Corruption) by Law No. 7 of 2006 on the UN Convention (United Nations) Anti-Corruption. Support legislation is expected to provide a deterrent effect for offenders and protecting the rights of citizens has a whole. Keywords: Legislative Support, Criminal Code Draft, Eradication, Crime of Corruption, Pros and Cons    AbstrakSemangat pemberantasan tindak pidana korupsi terus bergulir. Berbagai upaya atau strategi dibangun untuk mempertajam kekuatan pemberantasan korupsi. Salah satunya adalah dengan dukungan legislasi atau peraturan perundang-undangan yang komprehensif dan efektif. Dibuktikan dengan lahirnya Undang-Undang No. 28 Tahun 1999 tentang Penyelenggaraan Negara yang Bersih dan Bebas dari Korupsi, Kolusi, dan Nepotisme dan Undang-Undang No. 31 Tahun 1999 sebagaimana diubah dengan Undang-Undang No. 20 Tahun 2001 tentang Pemberantasan Tindak Pidana Korupsi. Adapun undang-undang terkait lainnya seperti UU No. 30 Tahun 2002 tentang Komisi Pemberantasan Tindak Pidana Korupsi dan UU No. 8 Tahun 2010 tentang Pencegahan dan Pemberantasan Tindak Pidana Pencucian Uang. Dukungan legislasi tersebut menunjukkan adanya komitmen bersama untuk memberantas tindak pidana korupsi. Indonesia juga  telah meratifikasi UNCAC (United Nations Convention Against Corruption) dengan UU No. 7 Tahun 2006 tentang Konvensi PBB (Perserikatan Bangsa-Bangsa) Anti Korupsi. Dukungan legislasi ini diharapkan memberikan efek jera bagi pelaku sekaligus melindungi hak-hak warga negara secara keseluruhan. Kata Kunci: Dukungan Legislatif, RUU KUHP, Pemberantasan, Tindak Pidana Korupsi, Pro dan Kontra


2020 ◽  
Vol 2 (01) ◽  
pp. 56-65
Author(s):  
Oktasari Putri Pramisela ◽  
Yulia Hesti

A crime or criminal act, usually perpetrators of criminals because of an encouragement based on the importance of fulfilling the necessities of life that is relatively difficult to fulfill. In principle the crime problem does not stand alone, but it relates to other issues such as social, economic, political and cultural which is as a phenomenon that affects each other. To tackle crimes and criminal acts such a thorough enforcement and anticipation policy is required. One of the most common criminal acts in the community is the violence of violent blackmail. Perpetrators can be assessed by the community, therefore it is necessary to be handled by the law enforcement officers intensively with the severity of the criminal that was dropped. The problem in this study is how the judge's consideration in dropping a criminal against perpetrators of criminal offenses with violence against motorcycles belonging to others, what are some factors causing perpetrators of criminal extortion with violence. The method of study used is the normative juridical approach and empirical approach obtained directly at the District Court of Kls II Kalianda, state Attorney of South Lampung. Based on the results of the study can be concluded that the judge's judgment in the criminal offence against the perpetrator of violent criminal offence is in accordance with the element contained in article 368 paragraph (1) of the criminal CODE and was sentenced to 2 years imprisonment. Factors affecting the cause of perpetrators of criminal extortion in violence are environmental factors, economic factors on society, the law enforcement. The advice given is to be expected to the Tribunal, the attorney general and the police in providing or establishing the article can be in accordance with its elements and actions, to the rationing punishment against the defendant is considered fair and give a deterrent effect so that the defendant can not repeat it again. There is cooperation between law enforcement and the community in minimizing the crimes that occurred.


2021 ◽  
Vol 1 (1) ◽  
pp. 68-78
Author(s):  
Listiana Listiana ◽  
Elly Sudarti

ABSTRAK Artikel ini bertujuan untuk mengetahui dan menganalisis putusan dalam tindak pidana penadahan. Penelitian ini menggunakan metode penelitian yuridis normatif.  Keputusan Pengadilan Negeri Sarolangun menunjukkan dalam penjatuhan pidana, hakim belum menerapkan ketentuan sanksi pidana yang terdapat dalam Undang-Undang secara maksimal. Hal ini dapat dilihat dari pemidanaan yang dijatuhkan terhadap pelaku penadahan kurang dari 1 (satu) tahun penjara, sementara ancaman maksimal dari tindak pidana penadahan adalah 4 (empat) tahun penjara. Hal ini mengakibatkan pemidanaan tidak akan memberikan efek jera bagi pelaku. ABSTRACT This article aims to find out and analyze the verdict of criminal offence. The research methods is normative research. The Sarolangun District Court's decision shows that in a criminal sentence, the judge did not apply the provisions of criminal sanctions contained in the law to the maximum. This can be seen from the punishment imposed on perpetrators of detention of less than 1 (one) year in prison, while the maximum threat of criminal offense is  4 (four) years in prison. This resulted in the punishment will not give a deterrent effect for the offender.


2019 ◽  
Vol 6 (2) ◽  
pp. 155
Author(s):  
Sanjaya Abidin ◽  
Fiony Gustin ◽  
Andre Hakim Pasaribu ◽  
Sonya Airini Batubara

<p>Pregnancy is a very happy situation for every partner who has been legitimate. In connection with this we still often encounter couples who do not value pregnancy so take the decision to do inhumane actions, one of which is abortion. Abortion is a form of criminality that is still very difficult to be handled by the public or the government, this is because there are still gaps for the perpetrators to carry out these actions and the deterrent effect is still lacking for abortion. This study aims to determine the legal arrangements and accountability for abortionists. This study uses normative juridical research methods, to address abortion problems that occur without looking at it from one perspective, but comprehensively. The results showed that the legal arrangements for the crime of abortion have been regulated in the law adjustment for abortion has been regulated ib article 194 law number 36 year 2009, about a midwife who help those who committed abortion is included in criminal code article 349</p>


2021 ◽  
Vol 3 (01) ◽  
pp. 65-94
Author(s):  
Rizki Pauziah Siregar

Testimony is a statement made by a witness who saw the incident by himself and was at the scene at that time. Nothing can escape this evidence in the afterlife, nor can it be manipulated in the slightest. So the source of the problem that will be discussed is how to witness the body and the interpretation of the rationality of the testimony of the limbs in QS. Yasin: 65. The research approach used by the author is a qualitative approach and is more inclined to follow library research and uses thematic analysis methods, this research will rely on the interpretation of Al-Jawahir Fi Tafsiril Qur'an by Tantawi Jauhari and books. as primary sources, research journals, and research theses as secondary sources. And what is relevant to this research, the results of the testimony of the limbs according to tantawi Jauhari are that the limbs will testify and it is not only in the afterlife, the body can testify against its owner. but even in the law that applies in the world, the limb that can be used to prove it, to reveal a crime such as murder or abuse. Here the limbs are like hands, it can help to expose the crime. One of them uses a DNA or fingerprint test, and only Allah will see what the testimony on the Day of Judgment is.


Author(s):  
Mark Asante ◽  
Thomas Prehi Botchway

Immunities, though part of the law of the land, are to a certain extent an exemption from the general law. Certain rights and immunities such as freedom of speech belong primarily to individual members of parliament and exist because the House cannot perform its functions without unimpeded use of the services of its members. Ostensibly, the degree to which members of parliament are immune from legal inquiry may presumably accord them greater probability to abuse their mandate. In general, a court summons is the beginning of a legal case. It signals the issue that needs to be adjudicated. However, the introduction of immunity invalidates some tenets of modern democracy such as a court summons. The authors seek to examine some of the uncertainties and ambiguities that might have arisen out of the court decision in the case Republic v Mahama Ayariga with much consideration of other cases. The chapter provides a thorough picture of the systems of parliamentary immunity and recommends ways of curbing observed challenges with the practice.


2019 ◽  
pp. 089443931986551 ◽  
Author(s):  
Rosalynd Southern ◽  
Emily Harmer

Recently, widely reported studies assessed messages sent to UK female MPs online and concluded that they suffer high levels of abuse. However, these studies tended to focus on the most high-profile MPs and the worst instances of abuse or did not include male MPs in their study for comparison. This study aims to assess more subtle forms of incivility and othering and the experiences of less prominent MPs online. It takes a mixed-methods approach to analyzing 117,802 tweets sent to MPs over a 14-day period for evidence of incivility. Firstly, models assessing the factors associated with receiving incivility on Twitter are presented, and furthermore, an in-depth thematic analysis of gendered tweets is conducted. The findings suggest that for the receipt of certain types of incivility, there is little difference between female and male MPs. However, female MPs were more likely to receive generally uncivil tweets, tweets with stereotypes about their identity, and tweets questioning their position as politicians than male MPs. Qualitatively, in terms of gendered othering, we found several instances of tweets containing misogynistic abuse, tweets demonizing, and objectifying female MPs, as well as tweets feminizing male MPs.


1959 ◽  
Vol 27 (3) ◽  
pp. 114-120 ◽  
Author(s):  
E. Stengel
Keyword(s):  

Sign in / Sign up

Export Citation Format

Share Document