scholarly journals The institution of traditional authority in Okombahe, Erongo Region of Namibia: can the institution be reconciled with democratic values of justice?

2021 ◽  
Vol 25 (spe) ◽  
pp. 1-21
Author(s):  
Madikgomo More
Keyword(s):  
Justice System ◽  
Qualitative Case Study ◽  
Customary Law ◽  
Access To Justice ◽  
Traditional Authority ◽  
Communal Identity ◽  
Informal Institution ◽  
Traditional Leaders ◽  
The People

The purpose of the article was to explore the roles and functions of the institution of traditional authority in contributing to access to justice or providing a form of justice through the preservation of customary law to the people of the Okombahe community in the Erongo Region of Namibia. The article's aim was to investigate the factors that have contributed to the institution's resilience and how this resilience may be tied to the type of justice this customary institution provides and represents. The institution of traditional authority has recently caught the attention of both scholars and policymakers due to the increasing return or revival of this "ancient" form of governance in the contemporary era that is constantly changing its procedures and rules of appointment to adapt to contemporary concerns and social problems. The scope of traditional leaders' jurisdiction and power is defined in the roles and functions they fulfil. As a popular legitimate informal institution in Okombahe, traditional leaders were found to manage and resolve conflict, and to preserve communal identity, unity, and continuity. This article highlights the significance of the institution of traditional authority as a legitimate customary institution originating from the bottom-up, and as a system that can be complementary to democracy as opposed to the assumption sometimes held that it is contesting with it. In Okombahe, the institution of traditional authority was found to contribute to providing an accessible justice system option grounded in this community's identity, history and social norms. The data collection employed for this qualitative case study of Okombahe consisted of interviews, supporting documents, and relevant scientific articles.

IMPLEMENTASI PERATURAN DAERAH KHUSUS (PERDASUS) PROVINSI PAPUA NOMOR 23 TAHUN 2008 TENTANG HAK ULAYAT MASYARAKAT HUKUM ADAT DAN HAK PERORANGAN WARGA MASYARAKAT ADAT ATAS TANAH (STUDI KASUS KOTA JAYAPURA DAN KABUPATEN BIAK NUMFOR)

2016 ◽  
Vol 11 (2) ◽  
pp. 40-59
Author(s):  
Ayu Kurnia Utami
Keyword(s):  
Conflict Resolution ◽  
Indigenous People ◽  
Civil Law ◽  
Qualitative Approach ◽  
Customary Law ◽  
Land Conflict ◽  
Local Regulation ◽  
The People ◽  
The Government

This study discusses Perdasus 23 Year 2008 about individual and communal rights of customary law society over the land through a case study in Jayapura and Biak Numfor. The special local regulation (Perdasus) is a part of the efforts to secure the customary society or the indigenous people of Papua. The aim of this study is to identify how far Perdasus 23 Year 2008 has been implemented in Jayapura and Biak Numfor. The study applies qualitative approach which data is collected through observations, interviews, and content analysis of related documents. The result of this study shows that Perdasus 23 Year 2008 is not implemented thoroughly. Although the regulation is not normatively implemented, it has been practically implemented through the initiatives of Jayapura and Biak Numfor government to carry out conflict resolution program in each region. In doing so, the government of Jayapura has done the communal right mapping of Port Numbay people, while the government of Biak Numfor issues a local regulation (Perbup) about the strategy of land conflict resolution by encouraging of the involvement of customary role and legitimation in the region. Eventhough these activities are not conducted in accordance with Perdasus 23 Year 2008, Jayapura has performed four substances of the “Perdasus”: research, mapping, management and identification, and land conflict resolution. Meanwhile, Biak Numfor regency has performed two substances: communal land management and land conflict resolution though they only fulfill some aspects of these substances when performing research and mapping. There are three aspects affecting the implementation of Perdasus in Jayapura and Biak Numfor. First, ineffective communication both from the policy maker to the policy implementer and from policy implementer to the people that causes confusion to the society regarding the policy. Second, the existing paradigm of local people who still believe that customary law is more powerful than civil law. Last but not the least is Government’s initiative to do an activity to protect the communal right of indigenous people of Papua.

Society and Justice in Colonial Brazil in the 17th and 18th Centuries

2020 ◽  
Author(s):  
Isabele de Matos Pereira de Mello
Keyword(s):  
Theory And Practice ◽  
Customary Law ◽  
Access To Justice ◽  
Long Distance ◽  
Great Capacity ◽  
Royal Power ◽  
Application Of Law ◽  
The People ◽  
The Social ◽  
The Universe

In early modern societies, the duty of enforcing justice was one of the principal tasks of the monarch. Judicial power could be exercised both directly by the monarch—the supreme magistrate—or by those he delegated it to—judges or his courts. In the vast territory of Portuguese America, different institutions were created to ensure access to justice, to help govern the people, to assist in long-distance administration, and to maintain control over the crown’s dominions. Ouvidorias-gerais, judges, and courts were established with their own institutional officials, intermixing lower- and higher-level jurisdictions and exercising justice over distinct territorial spaces. To understand the functioning of judicial institutions in colonial society, it is important to analyze the universe of magistrates, their careers, judicial practices, and complex relations in the social environment. Magistrates, as an important professional group recruited by the Portuguese monarchy, had multiple overseas possibilities. They could serve at the same time as representatives of royal power and allies of local groups. These men faced a colonial reality that allowed them a wide sphere of action, the exercise of a differentiated authority, and a privileged position as intermediaries between local elites and the king. Even though all magistrates were subject to the same rules of selection, recruitment, appointment, and promotion, the exercise of justice in the slaveholding society of Portuguese America demanded a great capacity for adaptation and negotiation, for the application of law in the mosaic of local judicial situations. Magistrates circulated in different spaces, creating and working in different judicial institutions in the difficult balance between theory and practice, between written law and customary law.

Administration of State Sponsored Local Justice System: An Appraisal on the Legal Framework of Village Courts in Bangladesh

2016 ◽  
Vol 44 (3) ◽  
pp. 235-240
Author(s):  
Md. Al-Ifran Mollah
Keyword(s):  
Rural Areas ◽  
Justice System ◽  
Single Channel ◽  
Legal Framework ◽  
Access To Justice ◽  
Informal Justice ◽  
Local Justice ◽  
The People ◽  
Political Interference ◽  
Formal Justice

AbstractAccess to justice is one of the significant pre-requisites for sustainable human development and it has been made available in the form of both the formal and informal systems stretching from the very top of the judiciary to the local justice system in Bangladesh. The formal justice system, even though it plays the most pivotal role, has been facing huge pressure from case backlogs, which ultimately hampers the true spirit of justice. On the other hand, most people's perception towards informal justice system is also fairly poor with lack of trust due to partisan political interference, corruption, religious dogmas, and social elitism, which have made this system almost ineffective. Consequently, state-sponsored local justice system has come forward with a view to combining the both streams in a single channel in the form of restorative justice and a quorum of quasi-formal justice system aimed at ensuring and dispensing justice to the people in rural areas in an affordable and convenient manner. In line with this view, village courts have been established to redress petty civil and criminal issues. This article attempts to examine the feasibility of the present legal framework of village courts to deliver justice efficiently at the grassroots level.

scholarly journals CHARISMATIC LEADERSHIP

2017 ◽  
Vol 4 (2) ◽  
pp. 9-19
Author(s):  
Mus Mulyadi
Keyword(s):  
Data Reduction ◽  
Role Model ◽  
Planning Process ◽  
Qualitative Case Study ◽  
Boarding School ◽  
Charismatic Leadership ◽  
The People ◽  
Descriptive Method ◽  
The Prestige

Charismatic leadership involves determination, authority, openness, and the optimism of the leaders in Bengkulu City HarsallakumPesantern (Pesantren = Islamic Boarding School). This research uses descriptive method, as well as qualitative case study. The processing of data is done by data reduction, serving of the next, as well as doing the valid checking using triangulation technic, followed by concluding the findings. The result of the research, has swon that the leadership of Pesantren leaders has been a model for the people around. Being an example or a role model has created a harmonic relationship between Santri (cultural 'stream' of people within the population of Javanese who practice a more orthodox version of Islam) with the Usthad (Islamic leader). The prestige of the Pesantren leaders has created an awareness for their subordinates, that to accept, prestige has to rise from the bottom going upwards. The openness of the Pesantren leaders acts truthfully, humble, just, as well as open in accepting opinions and critics from others. The openness of Pesantren leader shows the clearliness in taking decisions, planning process that gives a chance to all subordinates. Optimism of the Pesantren leaders are behaviors that is born or created inside of the leaders in perceiving their problem, facing hardship, and thinking optimistic. So that the biggest strength is giving enery and directions in reaching the destination. Keywords:Charismatic, Leadership, and Islamic Boarding School

scholarly journals Charismatic Leadership in Bengkulu City Harsallakum Al-Quran Islamic Boarding School

2017 ◽  
Vol 1 (2) ◽  
pp. 106
Author(s):  
Mus Mulyadi
Keyword(s):  
Data Reduction ◽  
Role Model ◽  
Planning Process ◽  
Qualitative Case Study ◽  
Boarding School ◽  
Charismatic Leadership ◽  
The People ◽  
Descriptive Method ◽  
The Prestige

Charismatic leadership involves determination, authority, openness, and the optimism of the leaders in Bengkulu City Harsallakum Pesantern (Pesantren = Islamic Boarding School). This research uses descriptive method, as well as qualitative case study. The processing of data is done by data reduction, serving of the next, as well as doing the valid checking using triangulation technic, followed by concluding the findings. The result of the research, has swon that the leadership of Pesantren leaders has been a model for the people around. Being an example or a role model has created a harmonic relationship between Santri (cultural 'stream' of people within the population of Javanese who practice a more orthodox version of Islam) with the Usthad (Islamic leader). The prestige of the Pesantren leaders has created an awareness for their subordinates, that to accept, prestige has to rise from the bottom going upwards. The openness of the Pesantren leaders acts truthfully, humble, just, as well as open in accepting opinions and critics from others. The openness of Pesantren leader shows the clearliness in taking decisions, planning process that gives a chance to all subordinates. Optimism of the Pesantren leaders are behaviors that is born or created inside of the leaders in perceiving their problem, facing hardship, and thinking optimistic. So that the biggest strength is giving enery and directions in reaching the destination.

scholarly journals Access to Justice through Legal Aid: A Study in Bangladesh

2017 ◽  
Vol 1 (1) ◽  
pp. 22-32
Author(s):  
Rabiul Islam
Keyword(s):  
Rule Of Law ◽  
Justice System ◽  
Present Condition ◽  
Access To Justice ◽  
Legal Aid ◽  
The People ◽  
Judicial Administration ◽  
The Rich ◽  
Criminal Matters

Equal access to justice for the rich and poor alike is prerequisite to the maintenance of the rule of law. But the justice system through judicial administration is very costly in Bangladesh and that cost has been the most difficult factor for the poor and vulnerable sectors of people in case of getting justice. Thus an adequate legal aid system is one of the effective ways to ensure access to justice as well as to establish rule of law. In this paper attempts have been made to examine the present condition of the legal aid services in Bangladesh, the establishment and functions of the different legal aid committees but, importance is especially given to the local govt. level where legal aid services are provided by the District, Upazila and Union Legal Aid Committees. The study compares the role of the govt. and non- govt. organizations in dissemination of legal aid services among the people who do not manage themselves to get proper remedy due to various limitations and discriminations. After reviewing the collected data and analysis of these, it has observed that the cases to which legal aid services are provided include both the civil and criminal matters and the cases relating to family affairs. Finally conclusion is drawn after evaluating the activities of the aforesaid organizations and by making substantial recommendations to the concerned authority.

scholarly journals Chief’s justice?: Mining, accountability and the law in the Bakgatla-ba-Kgafela Traditional Authority Area

2016 ◽  
Author(s):  
Sonwabile Mnwana
Keyword(s):  
Justice System ◽  
Customary Law ◽  
Traditional Authority ◽  
Rural Residents ◽  
North West ◽  
Business Transactions ◽  
The North ◽  
Communal Land ◽  
Authority Area ◽  
Platinum Mining

Drawing on research conducted in the Bakgatla-ba-Kgafela traditional authority area in North West Province, this article explores how the expansion of platinum mining on communal land is generating resistance to a local chief. The point at issue is the chief’s refusal to account for the mining revenues and business transactions that his traditional authority manages on the community’s behalf. The article argues that the North West High Court’sinterpretation of customary law not only leaves the chief’s unaccountability unchecked but also endorses the punishment of village activists who call the chief to account. Hence it remains extremely difficult for ordinary rural residents to challenge the chief to account for vast mineral revenues that he controls on behalf of their communities. Consequently rural anti-corruption activists are losing faith in the justice system.

Access to Justice 4 Known or Potential Extremists?

2016 ◽  
Vol 27 (1-2) ◽  
pp. 94-115
Author(s):  
Quirine Eijkman ◽  
Josien Roodnat
Keyword(s):  
Justice System ◽  
Legal Protection ◽  
Access To Justice ◽  
Structured Interviews ◽  
Checks And Balances ◽  
Policy Documents ◽  
Municipal Authority ◽  
Professional Perspective ◽  
Violent Extremism

This article discusses, from the local professional perspective, access to justice for person-specific interventions to prevent or counter (violent) extremism in Europe. Using a Dutch case study it focusses on legal protection for hand-tailored interferences that are part of a wider-ranging counter-terrorism policy. While the so-called person-specific interventions, carried out by professionals, target designated high-risk individuals and groups, it is primarily the municipal authority that coordinates these criminal –, administrative – or social based measures. Furthermore, although researchers and human rights advocates have repeatedly sounded the alarm over access to justice for those affected, little research has been done into how those responsible for implementation perceive the necessity of legal protection. Also, the potential side-effects such as executive arbitrariness are modestly reflected in the literature. Henceforth, by reviewing policy documents and conducting semi-structured interviews, this exploratory study concludes that as far as legal protection for hand-tailored interferences are concerned, local professionals have faith in the checks and balances of the criminal justice system. Yet from their perspective this was less self-evident in cases of administrative – or social measures. Therefore, one may wonder if legal protections for person-specific interventions that deal with (potential) extremists are sufficient in practice.

scholarly journals The problems of access to justice in rural areas (on the example of Ukraine)

2019 ◽  
Vol 68 ◽  
pp. 01018 ◽  
Author(s):  
Andrii Lapkin
Keyword(s):  
Rural Areas ◽  
Justice System ◽  
High Speed ◽  
Well Being ◽  
Transport Infrastructure ◽  
Scientific Article ◽  
Access To Justice ◽  
The People ◽  
High Level ◽  
Rural Dwellers

In this scientific article, problems of access to justice in rural areas in Ukraine are considered. It is proved that for the people living in rural areas it is necessary to consider access to justice as possibility of free application to justice system for protection of their rights that is without any obstacles or difficulties. However in need of application to a court the rural dwellers face a lot of problems, such as: territorial, economic and organizational. Territorial problems relate to territorial distance of judicial authorities from rural areas. Economic problems relate to high level of court expenses and low financial well-being of rural dwellers. Organizational problems relate to absence of the necessary infrastructure in rural areas facilitating access to court (lack of transport infrastructure, absence of high-speed Internet and possibility to use technologies of “electronic justice”). The conclusion is that for the solution of this problem it is possible to offer the following steps: general development of infrastructure in rural areas; formation of judicial system on the basis of uniform territorial distribution; reduction of court expenses for dwellers of rural areas proportionally to the level of their incomes; development of institution of lay justice operating in rural areas.

PERSEPSI MANAJEMEN DAN ANGGOTA JEMAAT TERHADAP PRAKTIK AKUNTABILITAS DAN TRANSPARANSI KEUANGAN DALAM LEMBAGA GEREJA KRISTEN

2016 ◽  
Vol 26 (1) ◽  
pp. 68
Author(s):  
Jeany Ribka
Keyword(s):  
Qualitative Case Study ◽  
Church Members ◽  
Case Study Method ◽  
Christian Church ◽  
Organization And Management ◽  
The People ◽  
Christian Perspective ◽  
Financial Transparency ◽  
The Church

Cases of embezzlement of church practices raise questions of accountability and financial transparency in thechurch. In addition, during this Church is considered to have "Culture of Secrecy" related finances. The purposeof this study to understand the perception of the Church and people management or members of the churchpractice of accountability and financial transparency in the Christian Church Institute (Case Study on RegionalSynod of the Indonesian Christian Church and the East Java Regional Working Committee of Surabaya CityBethel Church Indonesia). This research is a qualitative case study method, because it aims to gather information,understand the opinion of informants, analyze, and propose ideas matters relating to the practice of accountabilityand financial transparency in the church.The informants are the Management of the Church and the people or members of the congregation. Data wasobtained through interviews, observation and documentation, then categorize the data into several themes whichconsists of accountability and transparency in the Christian perspective, the source of funding, accountability andtransparency practices at the level of organization and management perception and the church members againstthe practices of accountability and financial transparency. Then look for linkages between the theme and given acode (coding) to see a similar pattern of findings. The final stage pengintepretasian above findings. The results ofthis study indicate that the organizational structure or patterns of leadership in the Church to influence the practiceof accountability and financial transparency in the church. Members perception of the church are satisfied with thepractice of accountability and financial transparency that is implemented by the Management of the Church, aswell as management of the Church to manage financial accountability and transparency, especially on members ofthe congregation.

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