scholarly journals The Australian Military Justice System: History, Organisation and Disciplinary Structure

2017 ◽  
Vol 6 (1) ◽  
Author(s):  
David H Denton
Keyword(s):  
Justice System ◽  
Disciplinary Structure ◽  
Military Justice

scholarly journals SISTEM PERADILAN DI INDONESIA BERDASARKAN UUD NEGARA REPUBLIK INDONESIA TAHUN 1945

Yustitia ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 27-62
Author(s):  
Ihat Subihat
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
Justice System ◽  
Judicial System ◽  
Judicial Power ◽  
Military Justice ◽  
Legal Structure ◽  
Library Studies ◽  
The Republic ◽  
The Government

A country’s judicial system cannot be separated from the legal system in force in the country. In other words, a country’s justice system is a sub-system of the country’s justice system. Because the legal system that applies in Indonesia is a legal system based on the Pancasila and the 1945 constitution of the Republic of Indonesia, the judicial system in Indonesia must also be based on Pancasila values and articles in the 1945 Constitution of the Republic of Indonesia. This study was conducted by using normative juridical method by reviewing various legal materials; primary, secondary and tertiary legal materials. While the data collection method was carried out through library studies. The analysis technique used descriptive method with prescriptive approach. The result of this study showed that the four judicial environments are under the Indonesia Supreme Court; general justice, religious justice, military justice and state administrative courts, as sub-judicial systems in Indonesia, each of which has an institutional, authority and legal structure separate events that differ from one another according to the specificity and absolute competence of each that cannot be mixed up. In contrast to other judicial environments which have adjusted to the changes in the new judicial power law, the institutional structure and authority of the courts within the military court which is part of the judicial system under the Supreme court of the Republic of Indonesia is still regulated in Law Number 31 of 1997 concerning Military justice and not yet adjusted to Lay Number 14 of 2004 concerning Judicial Power, because the Amendment Draft to the Law on Military Justice which had been discussed since 2005 has not yet been agreed upon by the DPR and the Government. Even when the Lay on Military Justice cannot be adjusted to Law Number 4 of 2004, on October 29, 2009 Law Number 4 of 2004 was revoked and then replaced with Law Number 48 of 2009 concerning the latest Judicial Power.

They Ought to Be Remembered

2020 ◽  
pp. 273-278
Author(s):  
Earl J. Hess
Keyword(s):  
Justice System ◽  
West Point ◽  
Military Justice ◽  
Enlisted Men ◽  
National Hero ◽  
The Individual ◽  
The Military

The failed attacks of May 19 and 22 produced many opportunities for participants to garner honors or deserve infamy, and those incidents either strengthened the rest of their lives or haunted them forever. A number of Federals failed the test of combat and shirked their duty, but the military justice system was weak and porous at best. While some of these acts of combat failure were officially reported, little was done by the system to punish the men. Officers were allowed to resign and the process of dealing with enlisted men was rarely called into use. It was easier to allow the individual to reflect and improve in his future conduct. Sgt. Joseph E. Griffith became a national hero because of his exploit at Railroad Redoubt. In fact, Griffith eventually won an appointment to West Point where he graduated and became an officer in the U. S. Army. Fourteen-year-old Orion P. Howe of the 55th Illinois became famous for telling William T. Sherman of the need for more cartridges as he returned from the failed attack of May 19 with a slight wound. Many members of the Forlorn Hope were awarded with Congressional Medals of Honor after the war.

Introduction: Separate rules for a separate society

2016 ◽  
Author(s):  
Eugene R. Fidell
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Good Deal ◽  
Individual Autonomy ◽  
Political Values ◽  
Military Justice ◽  
The Military

The military represents a specialized society within society as a whole. It has a specific purpose: the achievement of military goals that are in contrast to the goals of the larger society, which are, at least in democratic countries, aimed at maximizing individual autonomy. The Introduction outlines what military justice is and explains that the nature and scope of military justice in any particular country will tell a good deal about that country’s political values. It considers several questions: How does the military justice system differ from the civilian criminal justice system? What is a court-martial? What rights does a military accused have?

Victim Behavior in a Sample of Military Sexual Assault Cases

2020 ◽  
pp. 088626052092235
Author(s):  
MAJ Karl Umbrasas
Keyword(s):  
Sexual Assault ◽  
Expert Testimony ◽  
Justice System ◽  
Public Health Problem ◽  
Forensic Evaluation ◽  
Military Justice ◽  
Military Sexual Assault ◽  
Case Files ◽  
Forensic Case ◽  
The Military

This study explored victim responses to sexual assault within a military context. Victim behavior was identified in forensic case files of service members charged with sexual assault ( N = 58) and referred for forensic evaluation or consultation. The identified victim behavior was coded and quantified for description. Of the sample 87.9% of victims were female and 12.0% of victims were male; 37.9% of the victims reported their assault in less than 1 month. Forceful resistance to the assault occurred in 15.5% of the cases. Physical injury associated with the sexual assault was absent in 96.5% of the cases. The description of victim behavior can inform forensic expert testimony on victim behavior within the military justice system while also offering empirical evidence to better understand this public health problem in the U.S. military.

The Development of Singapore’s Military Justice System

2016 ◽  
Vol 20 (3-4) ◽  
pp. 186-218
Author(s):  
Joshua Matthew Goh
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Justice System ◽  
English Court ◽  
Military Justice ◽  
The United Kingdom ◽  
European Court ◽  
Global Trend ◽  
Justice Systems ◽  
Civil Courts

The global trend towards civilianization of military justice systems has had its own unique impact on Singapore’s brand of military justice, in particular its mode of trial by General Court-Martial. This paper explores the development of Singapore’s military justice system since Singapore’s independence, comparing it to developments in the United Kingdom and Canada, two countries that have also civilianized their military justice systems with input from their civil courts, and in the case of the uk, the European Court of Human Rights. These jurisdictions provide a useful comparison on the progress of Singapore’s civilianization reform given both their shared origin of military justice in the English court-martial system and the focus of all three jurisdictions on better protecting the rights of accused servicemen.

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