scholarly journals Militancy and violence as a catalyst to kidnapping in Nigeria

2019 ◽  
Vol 21 (1) ◽  
pp. 17-35
Author(s):  
Eke Chijioke Chinwokwu ◽  
Christopher Eraye Michael
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Good Governance ◽  
Value Orientation ◽  
Resource Control ◽  
Self Determination ◽  
Social Injustice ◽  
The Rule Of Law ◽  
The Government

This study examines the concept of militancy and violence as a catalyst for kidnapping in Nigeria. The study acknowledges that there may be violent and non-violent militancy, but kidnapping is always forceful and violent in nature. Nigeria has witnessed and continues to witness various forms of militancy and violence, which have generated a booming new enterprise in the form of kidnapping for ransom. Government efforts to address these problems have been discriminatory, sentimental and engulfed in ethnicity. The lop-sidedness and apathy shown by the government in thwarting this menace has led to militants’ demands for self-determination and sovereignty. Triggers for militancy, such as social injustice, oppressive policies, marginalization and resource control, seem to have no bearing on government agenda and policy. There is mistrust as to the intent of the government in containing the rising profile of militants and kidnappers, thereby creating fear in the minds of Nigerian citizens. We recommend among other actions: re-value orientation, good governance based on justice and the rule of law, and reform of the criminal justice system.

DEKADENSI PEMILIHAN HAKIM AGUNG OLEH DPR RI

2020 ◽  
Vol 14 (1) ◽  
pp. 73-104
Author(s):  
Rustam Magun Pikahulan
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
House Of Representatives ◽  
Good Governance ◽  
Constitutional Court ◽  
Due Diligence ◽  
The Rule Of Law ◽  
The Supreme Court ◽  
Institutional Status ◽  
The Government

Abstract: The Plato's conception of the rule of law states that good governance is based on good law. The organization also spreads to the world of Supreme Court justices, the election caused a decadence to the institutional status of the House of Representatives as a people's representative in the government whose implementation was not in line with the decision of the Constitutional Court. Based on the decision of the Constitutional Court No.27/PUU-XI/2013 explains that the House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only approve or disapprove candidates for Supreme Court Justices that have been submitted by the Judicial Commission. In addition, the proportion of proposed Supreme Court Justices from the judicial commission to the House of Representatives (DPR) has changed, whereas previously the Judicial Commission had to propose 3 (three) of each vacancy for the Justices, now it is only one of each vacant for Supreme Court Judges. by the Supreme Court. The House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only "approve" or "disagree" the Supreme Judge candidates nominated by the Judicial Commission.

Reaktualisasi Proses Penyidikan oleh Kepolisian Berbasis Nilai-Nilai Pancasila dan Optimalisasi Pemanfaatan Teknologi

Jurnal Hukum ◽  
2016 ◽  
Vol 31 (2) ◽  
pp. 1737
Author(s):  
Ira Alia Maerani
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Public Prosecutor ◽  
Public Confidence ◽  
The Rule Of Law ◽  
Positive Law ◽  
Use Of Technology ◽  
The Times

Abstract                Indonesian Criminal Justice System consists of the police, public prosecutor and the courts. The role of the police investigators is certainly vital as the frontline in building public confidence in the rule of law in Indonesia. The role of the investigator is quite important in realizing society’s  justice. The era of globalization requires a pattern fast-paced, instant, measurable, and transparent of life and it requires investigators to follow the times by optimizing the use of technology. The aim of this study is to give effect to the rule of law in Indonesia that provides fairness, expediency and certainty. However, it considers to have priority of Pancasila values in the process of inquiry and investigation. The values of supreme divinity, God (religious), humanity, unity, democracy and justice are values that establish a balance (harmony) in enforcing the law. Law and its implementation can create product which meets the demands for social justice. This paper will examine the role of the investigator according to positive law currently in force as well as the role of investigator in implementing the values of Pancasila, accompanied by optimizing the use of technology. Keywords: Re-actualizing, Investigation, Police, values of Pancasila, Technology   AbstrakSistem Peradilan Pidana Indonesia meliputi institusi kepolisian, kejaksaan, dan pengadilan. Peran penyidik dalam institusi kepolisian tentunya amat vital sebagai garda terdepan dalam membangun kepercayaan masyarakat terhadap penegakan hukum di Indonesia. Peran penyidik amat besar dalam terwujudnya keadilan di masyarakat. Era globalisasi yang menuntut pola kehidupan yang serba cepat, instan, terukur, dan transparan menuntut penyidik untuk mengikuti perkembangan zaman dengan mengoptimalkan pemanfaatan teknologi. Tujuannya adalah untuk memberikan arti bagi penegakan hukum di Indonesia yakni memberikan keadilan, kemanfaatan, dan kepastian. Namun yang harus diperhatikan adalah mengutamakan nilai-nilai Pancasila dalam melakukan proses penyelidikan dan penyidikan. Nilai-nilai ketuhanan yang maha esa (religius), kemanusiaan, persatuan, kerakyatan dan keadilan merupakan nilai-nilai yang membangun keseimbangan (harmoni) dalam menegakkan hukum. Sehingga produk hukum dan pelaksanaannya memenuhi rasa keadilan masyarakat. Tulisan ini akan mengkaji tentang peran penyidik menurut hukum positif yang saat ini berlaku serta peran penyidik dalam mengimplementasikan  nilai-nilai Pancasila dengan diiringi optimalisasi pemanfaatan teknologi.Kata Kunci: Reaktualisasi,Penyidikan,Kepolisian,Nilai-nilai Pancasila,Teknologi

scholarly journals The Region Governance Review of Barru Regency to Actualize Good and Clean Governments

2020 ◽  
Vol 1 (2) ◽  
pp. 61-69
Author(s):  
Aksah Kasim ◽  
Andi Heridah
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Regional Governance ◽  
Regional Autonomy ◽  
The Rule Of Law ◽  
Strategic Vision ◽  
The Government

The factors of the region governance review of Barru regency to actualize good governance and clean government are the region the government have not applied the equity properly and optimally, uphold the rule of law, worked effectively, effectiveness, and accountability, and formulated and implemented the strategic vision. This study is expected to explain, find, and describe the regional governance review in Barru Regency to actualize for good governance and clean government in the implementation of regional autonomy.

The Rule of Law and Good Governance

2019 ◽  
pp. 75-90
Author(s):  
Henk Addink
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Common Law ◽  
The State ◽  
Fundamental Rights ◽  
The Rule Of Law ◽  
Judicial Control ◽  
The Common ◽  
The Government ◽  
Continental Tradition

The concept of the rule of law has different—common law and continental—historical roots and traditional perspectives. The common law tradition is more focused on limiting the powers of the state, whereas the continental tradition focuses on not just to limit but also to empower the government. But both systems have a focus on the rule of law. The rule of law in the classical liberal tradition is based on four elements: legality, division and balance of powers, independent judicial control, and protection of fundamental rights. The differences between rule of law and rechtsstaat are: different concepts of the state, mixed legal systems and different approaches of a constitution, and different perspectives on human rights. There are two levels of development: a model in which law is a way of structuring and restricting the power of the state, the second level is more subjective and has important individual positions. The concept of good governance related to these developments makes clear the need to broaden the concept of the rule of law.

An Overview of Good Governance

2019 ◽  
pp. 15-24
Author(s):  
Henk Addink
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Administrative Law ◽  
The State ◽  
Institutional Framework ◽  
The Rule Of Law ◽  
Administrative Legislation ◽  
The Government

Good governance is needed because of legislative gaps, prevention of corruption, maladministration, and mismanagement, and fragmentation of administrative law norms. The concept of good governance has been developed in addition to aspects which can already be found in the rule of law and democracy concepts but are also related to the institutional framework of the government. The term ‘government’ is used for all the powers in the state; the administration is only one of these powers. These powers must fulfil certain norms, principles which sometimes are unwritten and developed by the judiciary or the ombudsman but more and more codified in the frame of the general (administrative) legislation. All the institutions of the government are involved in the development of these principles of good governance. There is not only a separation between the powers of the state, but more and more there are interactions between these powers in the development of principles of good governance and, hence, there is a balance between these principles. Therefore, there are different producers and sources of good governance.

The Separation of Powers in African Constitutionalism

2019 ◽  
Author(s):  
Charles Manga Fombad
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Separation Of Powers ◽  
Common Denominator ◽  
Checks And Balances ◽  
The Rule Of Law ◽  
Pure System ◽  
Key Innovation ◽  
Anglo American ◽  
The Government

One reason why dictatorships flourished in Africa until the 1990s was that constitutions concentrated excessive powers in presidents. The democratic revival of the 1990s led to the introduction of new or substantially revised constitutions in a number of countries that for the first time sought to promote constitutionalism, good governance, and respect for the rule of law. A key innovation was the introduction of provisions providing for separation of powers. However, in many cases the reintroduction of multipartyism did not lead to thorough constitutional reform, setting the scene for a subsequent struggle between opposition parties, civil society, and the government, over the rule of law. This reflects the complex politics of constitutionalism in Africa over the last 60 years. In this context, it is important to note that most of the constitutions introduced at independence had provided for some degree of separation of powers, but the provisions relating to this were often vaguely worded and quickly undermined. Despite this, the doctrine of separation of powers has a long history, and the abundant literature on it shows that there is no general agreement on what it means or what its contemporary relevance is. Of the three main models of separation of powers, the American one, which comes closest to a “pure” system of separation of powers, and the British, which involves an extensive fusion of powers, have influenced developments in anglophone Africa. The French model, which combines elements of the British and American models but in which the executive predominates over the other two branches, has influenced developments in all civilian jurisdictions in Africa, particularly those in francophone Africa. The common denominator among the models is the desire to prevent tyrannical and arbitrary government by separating powers but doing so in a manner that allows for limited interference through checks and balances on the principle that le pouvoir arrête le pouvoir. The combined Anglo-American (common law) and French (civil law) models received during the colonial period remain applicable today, but despite its adoption in the 1990s, the effectiveness of the doctrine of separation of powers in limiting governmental abuse has been curtailed by the excessive powers African presidents still enjoy and the control they exercise over dominant parties in legislatures. South Africa in its 1996 Constitution, followed by Kenya in 2010 and Zimbabwe in 2013, entrenched a number of hybrid institutions of accountability that have the potential not only to complement the checks and balances provided by the traditional triad but also to act where it is unable or unwilling to do so. The advent of these institutions has given the doctrine of separation of powers renewed potency and relevance in advancing Africa’s faltering constitutionalism project.

Legality and Reality: Some Lessons from the Pitcairn Islands

2009 ◽  
Vol 73 (1) ◽  
pp. 69-88
Author(s):  
Fran Wright
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Point Of View ◽  
Criminal Offence ◽  
Sexual Offences ◽  
The Rule Of Law ◽  
Remote Island ◽  
The Uk ◽  
Made In

This article considers the decision to prosecute a number of Pitcairn islanders for offences under the UK Sexual Offences Act 1956, and some aspects of the organisation of the prosecutions. The islanders complained that the prosecutions were an abuse of process because the content of the law was unascertainable and the legislation governing their trials was retrospective. The abuse of process claims were rejected. There was a mechanism by which islanders could ask the island officials and legal advisers for advice. It was predictable that non-consensual sexual intercourse would be a criminal offence. They were not prejudiced in any way by the late constitution of a criminal justice system. Although some of the decisions made in the Pitcairn case were questionable from a formalist point of view, most were fair in the peculiar circumstances of this small and remote island. The idea of the rule of law and of a fair trial cannot be divorced from the context in which criminal justice decisions are taken.

scholarly journals Reaktualisasi Proses Penyidikan oleh Kepolisian Berbasis Nilai-Nilai Pancasila dan Optimalisasi Pemanfaatan Teknologi

Jurnal Hukum ◽  
2015 ◽  
Vol 31 (2) ◽  
pp. 1901
Author(s):  
Ira Alia Maerani
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Public Prosecutor ◽  
Public Confidence ◽  
The Rule Of Law ◽  
Positive Law ◽  
Use Of Technology ◽  
The Times

Indonesian Criminal Justice System consists of the police, public prosecutor and the courts. The role of the police investigators is certainly vital as the frontline in building public confidence in the rule of law in Indonesia. The role of the investigator is very big in the realization of justice in society. The era of globalization which demands a pattern of life that is fast-paced, instant, measurable, and transparent requires investigators to follow the times by optimizing the use of technology. The aim is to give effect to the rule of law in Indonesia that provides fairness, expediency and certainty. However that must be considered is the priority values of Pancasila in the process of inquiry and investigation. The values of supreme divinity, God (religious), humanity, unity, democracy and justice are values that establish a balance (harmony) in enforcing the law. Law and its implementation so that the product meets the demands for social justice. This paper will examine the role of the investigator according to positive law currently in force as well as the role of investigator in implementing the values of Pancasila, accompanied by optimizing the use of technology.Keywords: Re-actualizing, Investigation, Police, values of Pancasila, Technology

scholarly journals Zapobieganie przestępczości i sprawiedliwość karna z perspektywy Kongresów Organizacji Narodów Zjednoczonych

2021 ◽  
Vol 43 (4) ◽  
pp. 543-572
Author(s):  
Emil W. Pływaczewski
Keyword(s):  
Criminal Justice ◽  
United Nations ◽  
Crime Prevention ◽  
International Cooperation ◽  
Rule Of Law ◽  
Good Governance ◽  
The Rule Of Law ◽  
History Of ◽  
Prevention Of Crime ◽  
High Level

For over 65 years, the United Nations has held congresses aimed at strengthening international cooperation against expanding crime. The First Congress on the Prevention of Crime and Treatment of Offenders took place in Geneva in 1955. Sixty-six years later, in 2021, this tradition continued, postponed by the Covid-19 epidemic, as the Fourteenth United Nations Congress on Crime Prevention and Criminal Justice took place in the former capital of Japan — Kyoto. The aim of the paper is to present the most important achievements of all 14 congresses, especially focusing on the development of UN standards and norms in crime prevention and criminal justice. The author also presents the history of the participation and activities of Polish participants of the Congresses (official delegates and individual experts) in the years 1960–2021. The general conclusion is that the institution of the UN Crime Congresses is a major high-level forum to steer the development of the rule of law, to promote global security and good governance, and to improve the response to crime.

scholarly journals Re-Appraising the Statutory and Ethical Roles of Lawyers Pursuant to Nigeria’s Administration of Criminal Justice Act, 2015

2019 ◽  
pp. 1184-1192
Author(s):  
Oyewunmi Olabode ◽  
Igbinoba Ebeguki ◽  
Olusola -Olujobi
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Rule Of Law ◽  
Justice System ◽  
Primary Sources ◽  
Legal Research ◽  
The Rule Of Law ◽  
Secondary Sources ◽  
The Many

Breach of fundamental human rights and rule of law are challenges that have tainted Nigeria’s image and impaired sustainable development of her justice system. These breaches are: torture, distorting bail procedures among others. These illegal practices if unchecked may culminate in the denial of justice. The lawyer’s role therefore, is vital in fostering a culture of enduring dispensation of justice, especially in the light of the many challenges bedeviling Nigeria’s criminal justice system. The paper re-appraises the statutory and ethical roles of lawyers pursuant to the Nigeria’s Administration of Criminal Justice Act, 2015 in facilitating stringent compliance with the Act to safeguard the rule of law. The study is a doctrinal legal research with a library based approach. It adopts primary sources such as statutes, judicial authorities and secondary sources such as textbooks, journals/articles and internet sources. The research recommends among others, reform and strengthening of the judiciary to promote its independence in the administration of criminal justice system. Lawyers must ensure that the Administration of Criminal Justice Act, 2015 fosters dexterous management of cases by all adjudicatory bodies for speedy dispensation of justice, promotion of rule of law, and to end abuse of court processes. The study finds that Nigerian criminal law appears flawed in this regards. This research revealed series of human rights violations in Nigeria and equally highlighted the roles of lawyers in combating these abuses and suggest the use of modern forensic technologies in all courts in Nigeria which is currently lacking and made some recommendations.

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