scholarly journals The Sex Gratification Polemic in the Scope of State Officials viewed from the Normative Perspective of Criminal Law

2019 ◽  
Vol 5 (1) ◽  
pp. 65-82
Author(s):  
Alika Ayu Lestari ◽  
Dejan Abdul Hadi
Keyword(s):  
Criminal Law ◽  
The Other ◽  
Sexual Gratification ◽  
The Social ◽  
Multiple Interpretation ◽  
The Law ◽  
Specific Formulation ◽  
Housing Facility ◽  
Normative Perspective

Corruption is like a crime that calculative carried out by them who as educated and cultured communities. One of the dynamisation, in its development motive, is gratification. Inspired of that definition, there are so many substances of the meaning or interpretation that expanding the new acts that can be called as gratification acts. One of the new phenomenon case of gratification is sexual gratification, this case regarded as controversial case because there’s no specific law that can be charged this case. In the Article 12B Law Number 31 in 1999 juncto Law Number 20 in 2001 about Corruption, gratification that means giving extra fee, gift in form of money, goods, discount, loan commision without any interest, trip ticket, housing facility, tour trip, free medication, and other facilities. The other substance meanings that implied are multiple interpretation meanings which have no clear elements on it. Shortly, according to the writers, sexual gratification motive hasn’t been specifically regulated yet in the law that causes many officials do a corruption by receiving or giving a sexual gratification which is separated from the elements of gratification as the corruption, so that, it’s needed specific formulation about sexual gratification in the Corrupytion Law with more strict sanction against the perpetrator of sexual gratification, because his act already harm the dignity nation and the dignity of this country by immoral deed and needed the social sanction for the perpetrator.

Voices of Spectators and Audience Power

Pólemos ◽  
2015 ◽  
Vol 9 (2) ◽  
Author(s):  
Christian Biet
Keyword(s):  
Social Relationship ◽  
The Other ◽  
Long Period ◽  
The Social ◽  
The Common ◽  
Dramatic Action ◽  
The Law ◽  
The Voice ◽  
The Way

AbstractTheatre and law are not so different. Generally, researchers work on the art of theatre, the rhetoric of the actors, or the dramaturgy built from law cases or from the questions that the law does not completely resolve. Trials, tragedies, even comedies are close: everybody can see the interpenetration of them on stage and in the courts. We know that, and we know that the dramas are made with/from/of law, we know that the art the actors are developing is not so far from the art of the lawyers, and conversely. In this paper, I would like to have a look at the action of the audience, at the session itself and at the way the spectators are here to evaluate and judge not only the dramatic action, not only the art of the actors, not only the text of the author, but also the other spectators, and themselves too. In particular, I will focus on the “common judgment” of the audience and on its judicial, aesthetic and social relationship. The spectators have been undisciplined, noisy, unruled, during such a long period that theatre still retains some prints of this behaviour, even if nowadays, the social and aesthetic rule is to be silent. But uncertainty, inattention, distraction, contradiction, heterogeneity are the notions which characterise the session, and the judgments of the spectators still depend on them. So, what was and what is the voice of the audience? And with what sort of voice do spectators give their judgments?

scholarly journals THE JUDICIAL CONSTRUCTION RELATING TO THE TERRORISM CASES (REALITY AND PROSPECTS)

2021 ◽  
Vol 03 (03) ◽  
pp. 473-482
Author(s):  
Fawzi Abdelsalam Mohammed AL-KILNI ◽  
Ebtisam Hassan Salem Ben ISSA
Keyword(s):  
Working Conditions ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Policy ◽  
Developed Countries ◽  
The Other ◽  
High Concern ◽  
The Law ◽  
The Developed Countries ◽  
The Military

The current study aims to discuss and investigate one of the most prominent and important issues that has been in constant debate in all the previous researches and studies dine in the scope of criminal law ; especially those regarding the juridical construction relating to the terrorism cases. The main attempt of this research is to evaluate the criminal policy of the Libyan Legislation issuing law no.3 for the year 2014 concerning Terrorism combating. Disregarding the recent issuing of the law in subject, the above-mentioned law is of great importance due to its high concern of the juridical apparatus of combating terrorism. However, what makes a wonder herewith is the Libyan legislation has been taking a step backwards when the law (4) was issued in 2017 in regarding of the amendment of the provisions of both the Military Penal Code and the Code of Military Procedures which has already mandated the judiciary of offenders of terrorism according to the terms identified in Article 3. Herewith, the perception of the effectiveness and functionality of the above-mentioned law is not possible without paying the attention to reviewing the jurisdiction from one hand and the working conditions of the judges from the other hand. However, the good conduct of the judges’ work depends heavily on doing several improvements for these apparatus, in addition to promoting the juridical capabilities by supporting these apparatus with the modern facilities, utilizing the experience of the developed countries in this regard. Therefore, the prospects are addressed to developing the juridical construction properly according to the principles of the defense rights and the fair trial as these principles are the constitution fundamentals and the traits of the criminal-justice system.

What is the Nature of the Crime of the Delinquent Daughter in Deuteronomy 22:13-21? A Rejoinder to J. Fleishman's Suggestion

2009 ◽  
Vol 59 (3) ◽  
pp. 446-459
Author(s):  
Meir Malul
Keyword(s):  
Death Penalty ◽  
The Other ◽  
Exact Nature ◽  
Previous Suggestion ◽  
Social Community ◽  
Legal Proceedings ◽  
The Social ◽  
The Law ◽  
New Interpretation ◽  
The One

AbstractThe exact nature of the girl's crime in the law of the delinquent daughter in Deut 22:13-21 is examined, starting by a detailed critique of J. Fleishman's previous suggestion in this journal (vol. 58, pp. 191-210) to construe it in the light of the law of cursing the parents in Exod 21:17 and understand it as an innovation and restriction of the latter law. In his view, the girl's sin is tantamount to cursing her parents, which, like the sin of the glatton and drunkard son according to Deut 21: 18-21, meant the undermining of the parents' authority and status, for which both boy and girl deserved the death penalty. In the following critique, it is underlined that the girl's sin is, first, not one of omission but of commission, and, second, it is not against her parents but against her husband, who is also the one to initiate the legal proceedings. A new interpretation is suggested, according to which the girl's crime, defined in v. 21 as an act of and a deed of, consisted not only in concealing her previous loss of virginity from her husband, thus deceiving him and her parents, but also in duping her husband into committing a sin comparable to that of lying with a menstruating, and thus desolate, woman. Being deprived of virginity, and thus of the socially recognized status of a virgin, she became, like Tamar (2 Sam 13:20), “desolate, forlorn”, an unenviable state from which only her seducer/ravisher could redeem her (thus are the sense and goal of the laws of the seduced virgin in Exod 22:15-16 and Deut 22:28-29). Trying to dupe her husband into steping in and performing what custom and law dictated the other man—the seducer/ravisher—should have done, and thus to arrogate to herself a social status she did not deserve, was then tantamount to undermining social structure and striking at the fibers that constituted the essence and integrity of the social community (cf. Prov 30:21-23).

scholarly journals Relacja prawa i moralności z prawnego punktu widzenia. Moralność partykularna a moralność kooperatywna

2020 ◽  
pp. 42-53
Author(s):  
Jerzy Leszczyński
Keyword(s):  
Point Of View ◽  
The Other ◽  
Individual Identity ◽  
Michael Walzer ◽  
Public And Private ◽  
Legal Problems ◽  
The Social ◽  
Law And Morality ◽  
The Law

This article describes the relation between law and morality when applied to solving legal problems. The relation in question is not understood solely as a conflict between law and morality which implies a need to decide in favour of one or the other. Indeed, moral substance of law make references to morality not only possible but necessary. The limit for those references is established by the principle of equality before the law. Moreover, an internal diversification of morality is analyzed. Some part of it needs to be secured by law, which in itself does not harm the social or individual identity, that is, public and private morality is distinguished, then minimal and maximal morality – concepts proposed by Michael Walzer. This idea, approached from a legal point of view, leads to the formulation of what seems the best-founded proposal: particular and cooperative morality.

scholarly journals PENEGAKAN HUKUM PIDANA BAGI PELAKU PENYEBAR KONTEN PORNOGRAFI DI MEDIA SOSIAL DITINJAU DARI UNDANG-UNDANG INFORMASI DAN TRANSAKSI ELEKTRONIK

2020 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Gomgom T.P Siregar ◽  
Indra Purnanto S. Sihite
Keyword(s):  
Social Media ◽  
Law Enforcement ◽  
Criminal Law ◽  
Electronic Transactions ◽  
The Social ◽  
The Law

The handling of cases of spreading pornographic photos through the social media Facebook is not subject to temporary detention when conducting an investigation because based on the investigator's belief, the perpetrator will not run away, nor will he remove evidence, but what happens is evidence from the perpetrator. Using normative juridical research, which examines the regulations of Law No. 19/2016 on ITE. Criminal law enforcement for perpetrators of spreading pornographic content on social media in terms of the Law on Information and Electronic Transactions Article 45 paragraph 1 of Law No. 19 of 2016 on ITE, the threat of punishment for the perpetrators of dissemination can be sentenced to a maximum imprisonment of 6 years and a maximum fine of Rp. 1,000,000,000 billion.

scholarly journals An Overview of Violence as a Vice of Consent

2021 ◽  
Vol 7 (2) ◽  
pp. 158-164
Author(s):  
Loredana VLAD ◽  
Keyword(s):  
Human Nature ◽  
Social Contract ◽  
The Other ◽  
Natural State ◽  
The Social ◽  
The Law ◽  
The Individual

People are considered bio-psycho-social beings. From the beginning of mankind, violence as part of human nature has manifested itself in relation to the other through the crime committed by Cain against his brother Abel. As time passed, it was found that a form of protection is needed to prolong the life of the individual, and thus by accepting the "social contract", man gave up his natural state in which freedom was absolute, in order to obey the law. In this paper I will bring to the fore a series of considerations with a focus on violence, emphasizing the idea of the vice of consent.

The Oxford Handbook of Charles Dickens

2018 ◽  
Keyword(s):  
Charles Dickens ◽  
Environmental Degradation ◽  
The Other ◽  
British History ◽  
Industrial Age ◽  
The Social ◽  
Global Modernity ◽  
History Of ◽  
The Law ◽  
History Of Empire

The Oxford Handbook of Charles Dickens is the most comprehensive and up-to-date collection of essays on Dickens’s life and works yet published. It includes original articles on all of Dickens’s writing and new considerations of his contexts, from the social, political, and economic to the scientific, commercial, and religious. Contributors speak in new ways about his depictions of families, the environmental degradation and improvements of the industrial age, the law, charity, and communications. His treatment of gender, his mastery of prose in all its varieties and genres, and his range of affects and dramatization all come under stimulating reconsideration. And his understanding of British history, of empire and colonization, of his own nation and foreign ones, and of selfhood and otherness, like all the other topics, is explained in terms easy to comprehend and profoundly relevant to global modernity.

Public Lawyers, Political Trials and the Neutrality of the Legal Profession

1981 ◽  
Vol 16 (1) ◽  
pp. 20-27
Author(s):  
Vittorio Denti
Keyword(s):  
Legal Profession ◽  
Basic Element ◽  
The Other ◽  
Law Schools ◽  
The Social ◽  
Political Choices ◽  
The Law ◽  
Political Trials ◽  
The One ◽  
The 19Th Century

A discussion on the neutrality of the lawyer requires some preliminary elucidation. Indeed, as concerns the judge's function, the term “neutrality” is generally used in connection with diverse principles such as: (a) the judge's impartiality with regard to parties, a basic element characterizing the adversary process, according to a tradition dating back to classical liberalism; (b) the judge's neutrality with regard to the law, typical of codified law systems where political choices are entrusted to the legislative power, the judge being a mere interpreter of the law, according to objective criteria; (c) the judge's independence of the other public powers, and thus his autonomy with regard to the aims pursued by the legislative and executive powers.We will not dwell here on the fact that the principle of the judge's neutrality, according to the liberal tradition, is now undergoing a crisis, in connection with the evolution of modern states. Together with the principle of the judge's neutrality, this same tradition also developed, though in a markedly different sense, the principle of the lawyer's neutrality, which became deeply rooted in the conception of the legal profession; the common inheritance of all liberal states up to the social revolutions of the 20th century. This “neutrality” encompasses different aspects of the legal profession, whose common matrix can be found, on the one hand, in the social composition of lawyers as a class and in the viewing of the legal profession as a “liberal” profession; and on the other, in the characteristics of legal education in the 19th century law schools.

The Law

2019 ◽  
pp. 114-131
Author(s):  
Rory Muir
Keyword(s):  
Legal Profession ◽  
The Other ◽  
Social Standing ◽  
School Teachers ◽  
The Social ◽  
The Law ◽  
Property Transfers ◽  
Vast Range ◽  
Better Than ◽  
The Prestige

This chapter looks to the other branch of the legal profession: the attorneys and solicitors. Attorneys and solicitors dealt directly with the client and cover a vast range of legal matters, including wills, property transfers, and other affairs that usually do not need to be tested in court. Attorneys were much more numerous than barristers in Regency England. The social standing of attorneys relative to the gentry, the clergy, and other genteel professions was also open to doubt. They certainly lacked the prestige of barristers. Indeed, attorneys seemed little better than school-teachers or the better sort of shopkeeper: respectable enough in their way, but not a career for the younger sons of the gentry. However, as the chapter shows, attorneys were also considered a rather gentlemanly profession, and many gentlemen indeed prospered by becoming one.

scholarly journals When Justice Fails: Jurisdiction and Imprecation in Ancient Egypt and the near East

1992 ◽  
Vol 78 (1) ◽  
pp. 149-162 ◽  
Author(s):  
Jan Assmann
Keyword(s):  
Social Order ◽  
Near East ◽  
Social Institutions ◽  
Ancient Egypt ◽  
The Other ◽  
Near Eastern ◽  
The Social ◽  
The Law ◽  
The Difference ◽  
The One

In this comparative study of ancient belief and practice, the Egyptian evidence is analysed first, then placed in the wider context of the Near East. It is argued that, while laws and curses are both ways of preventing damage by threatening potential evildoers with punishment, the difference lies in the fact that in the one case punishment is to be enforced by social institutions, in the other by divine agents. Curses take over where laws are bound to fail, as when crimes remain undetected and when the law itself is broken or abandoned. The law addresses the potential transgressor, the curse the potential law-changer who may distort or neglect the law. The law protects the social order, the curse protects the law. These points are illustrated by extensive quotation from Egyptian and Near Eastern texts.

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