scholarly journals Criminal Law Policy Enforcement Against the Perpetrators of Forcibly Picking up the Covid-19 Infected Patient Corpse on This Pandemic at Hospital

2021 ◽  
Vol 8 (9) ◽  
pp. 463
Author(s):  
Budiyanto Budiyanto
Keyword(s):  
Police Officer ◽  
Criminal Law ◽  
Infected Patient ◽  
Policy Enforcement ◽  
Deceased Person ◽  
Health Officer ◽  
The Family

This research aims to cover the strategic forms of criminal law policy enforcement to prevent and overcome the covid-19 corpses who were forced picked up in this pandemic at a hospital and its obstacle. The method used in this research is a normative juridical and empirical juridical approach. This research shows that the strategic form of criminal law policy enforcement prioritize more and apply the persuasive approach with negotiation and not using the criminal law policy against the family of the deceased person who forcibly picked and the society which refused to bury the covid1-19 patient. The obstacle faced are: from law substance which not done well on its application; limitation of the security, helplessness of the health officer on facing the pressure and threat, limitation of officer; limitation of facilities and infrastructure which owned by the hospital, police officer, and covid-19 officer (Satgas), the minimum knowledge of the society about the danger of covid-19, minimum of socialization; and the existence of people's habits which not following the strict health protocol, not using a medical mask, and keep a distance.

scholarly journals TINJAUAN YURIDIS TENTANG GABUNGAN TINDAK PIDANA SEBAGAI HAL YANG MEMBERATKAN PIDANA Studi Kasus: Putusan Perkara Nomor:141/Pid.B/2018/PN Mrj (Pencurian)

2021 ◽  
Vol 3 (2) ◽  
pp. 212-226
Author(s):  
Failin Failin
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Deterrent Effect ◽  
District Court ◽  
Prison Sentence ◽  
Legal Certainty ◽  
The Family ◽  
Sense Of Justice

In criminal law there is no penalty if there is no wrongdoing, this basis is about the accountability of a person for the actions he has done. Therefore, in criminal law there are exceptions to such criminal liability, for example contained in Articles 48, 49, 50 and so forth. In addition, there are burdensome things that will be imposed on the accused for crimes committed, such as samenloop, recidive and so on. In the Muaro Sijunjung District Court there is one case concerning a combination of criminal acts, namely theft crimes accompanied by violence and moreover this theft is carried out among families (theft in the family). In this case the judge has decided the prison sentence for 6 (six) Years. But according to the analysis of the author there is no sense of justice for the victim because this perpetrator is the husband of the victim's child so that there is no deterrent effect for the perpetrator, the reason that there is no more theft in this family because no matter how small the crime committed by a person must be taken action in order to obtain justice and legal certainty. In principle, judges have the freedom to determine the measure of punishment to be imposed on the perpetrators of crimes, as long as it does not exceed the maximum provisions specified in the Criminal Code. Therefore, the sentencing of the accused for a combination of crimes committed by means of pure absorption Stelsel that is If a person commits several acts that are several delik each threatened with a different kind of criminal

THE SOCIALDANGEROUSOF SOME CRIMES AGAINST THE FAMILY IN CRIMINAL LAW AND THE ISSUES OF CRIMINALIZATION OF CERTAIN ACTS IN THIS AREA

2021 ◽  
Vol 6 (7) ◽  
pp. 87-96
Author(s):  
Zulkhumor Ibrokhimova ◽  
Keyword(s):  
Criminal Law ◽  
Family Relations ◽  
Disabled Persons ◽  
Criminal Code ◽  
Child Disclosure ◽  
The Social ◽  
The Family ◽  
Practical Standpoint ◽  
The Republic ◽  
Objective Side

This article deals with the social danger of some crimes against family and family relations in the Criminal Code of the Republic of Uzbekistan. From a scientific, theoretical and practical standpoint, the author analyzes the signs of the objective side of the elements of some crimes against the institution of the family, defined in Chapter V "Crimes against family, youth and morality" of the Criminal Code of Uzbekistan. In particular, such crimes as evasion from the maintenance of minors or disabled persons, evasion from the maintenance of parents, substitution of a child, disclosure ofthe secret of adoption, violation of the legislation on marriageable age were comprehensively considered. In addition, the issues of criminalization of certain acts against the family, which are not recognized as criminal in the Criminal Code, were raised and relevant proposals were presented

The Sheriff Must Be Obsessed with Racism!

2017 ◽  
Author(s):  
Jimmy Patiño
Keyword(s):  
Puerto Rican ◽  
Police Officer ◽  
San Diego ◽  
Legal Status ◽  
Police Department ◽  
Border Patrol ◽  
The Family ◽  
The U.S ◽  
City Police

Chapter 6 explores how Herman Baca and San Diego Chicano/Mexicano created the Committee on Chicano Rights (CCR) in 1976. These activists fought the San Diego Sherriff’s Department issued order for taxi cab drivers, under penalty of citation and fines, to report any of their clientele who they “feel” might be undocumented to their offices for apprehension in 1972. The San Diego Police Department, under the administration of San Diego Mayor (and future California governor) Pete Wilson, followed suit in 1973 by assuming the responsibility of determining resident’s legal status and apprehending the undocumented to assist the U.S. Border Patrol. This culminated in the founding of the CCR through the struggle on behalf of the family of a Puerto Rican barrio youth, Luis “Tato” Rivera, killed by a National City police officer.

Seeking Reconciliation

2020 ◽  
pp. 88-124
Author(s):  
Arzoo Osanloo
Keyword(s):  
Criminal Law ◽  
Cycle Of Violence ◽  
Considerable Influence ◽  
The Family ◽  
The Law ◽  
The Right ◽  
Legitimate Violence ◽  
Sense Of Power ◽  
The Way

This chapter studies the operations of the Iranian criminal law and analyzes how the procedural administration of the law animates the shariʻa. Iranian criminal laws provide many avenues for victims to forgo retributive sanctioning. But preserving the right of retribution serves several purposes: maintaining the sovereign's monopoly on legitimate violence, giving victims a sense of power, and halting the cycle of violence. The way Iran achieves this comprises an interesting balancing act between maintaining the monopoly over legitimate violence and granting individual victims the right of retribution, which its leaders believe, through their interpretation of the shariʻa, cannot be appropriated by the sovereign. Since the law categorizes intentional murder as qisas and leaves judges with no discretion in sentencing, the judges may use their considerable influence to pressure the family to forgo retribution. The chapter then considers the role of judges and examines how the laws (substantive and procedural) shape their reasoning and discretion in both sentencing and encouraging forbearance.

Compulsory Portion in Hungary

2020 ◽  
pp. 345-365
Author(s):  
Lajos Vékás
Keyword(s):  
Civil Code ◽  
Property Law ◽  
European Law ◽  
Legal Systems ◽  
Deceased Person ◽  
The Family ◽  
Matrimonial Property Law ◽  
The Creation ◽  
The Law

Following the model of continental European law, Hungarian law introduced the compulsory portion in 1853, allowing in the closest blood-relatives to benefit from the estate of a deceased person against the testator’s wishes. In the course of the latest reform, the possible abolition (or at least limitation) of the compulsory portion was raised. However, at the time of the creation of the Civil Code of 2013 the legislator took the view that the compulsory portion had already taken root in the general legal awareness of the population and that its continuation could be justified. This view was strengthened by the fact that the majority of contemporary continental legal systems, in their quest for the protection of the family, tend to recognize a claim by the closest relatives to a compulsory portion. Traditionally in Hungarian law, the descendants and parents of the deceased were entitled to a compulsory portion in accordance with the order of intestate succession. Only since 1960 has the law also recognized the spouse as a person entitled to a compulsory portion. Previously the approach was that the spouse should be compensated through the rules of matrimonial property law and intestate succession. Since 2009 registered partners have been put in the same position as a spouse. Until 2014, the extent of the compulsory portion was one-half of the intestate share of the person entitled to a compulsory portion; today it is one-third.

scholarly journals RELIGIOSITY IN CRIMINAL LAW: ISLAMIC PERSPECTIVE

2019 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Abdurrahman Raden Aji Haqqi
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Common Law ◽  
The Body ◽  
Religious Ritual ◽  
Belief Statement ◽  
The Family ◽  
The Holy Quran ◽  
The Common ◽  
Human Kind

The fundamental premises of Islamic law are that Allah has revealed His will for human-kind in the Holy Quran and the inspired example of the Prophet Muhammad (Peace be Upon Him), and that society's law must conform to Allah's revealed will. The scope of Islamic law is broader than the common law or civil law. In addition to core legal doctrines covering the family, wrongs, procedure, and commercial transactions, Islamic law also includes detailed rules regulating religious ritual and social etiquette. In Islam, religiosity is not asceticism in monasteries nor is it chattering from the pulpits. Instead, it is behaving in a manner that is requested from the Creator under all circumstances, places and times, in belief, statement and actions. Historically, law and religion have never been completely separated. They have never been so independent as to achieve complete autonomy from each other. Religion has essentially been embodied in legal systems, even in those that have aspired to privatize religion. Based on this fact, this paper discusses such fact i.e religiosity on specific theme of Islamic law that is criminal law which means the body of law dealing with wrongs that are punishable in Islamic law with the object of deterrence.

Family allowances in the Canadian Arctic

Polar Record ◽  
1952 ◽  
Vol 6 (43) ◽  
pp. 345-347
Author(s):  
Elizabeth Chant Robertson
Keyword(s):  
Police Officer ◽  
Canadian Arctic ◽  
The Arctic ◽  
Hudson's Bay Company ◽  
Royal Canadian Mounted Police ◽  
Number Of Children ◽  
Trading Posts ◽  
The Family ◽  
Family Allowances ◽  
Hudson’S Bay Company

Family allowances for all Canadian children under 16 years of age were instituted in 1944. The amount per child varies from $5.00 to $8.00 per month, according to the age of the child and the number of children in the family. In the well-settled parts of the Dominion, the allowances are paid by cheque each month to the mother of the family. In isolated areas, such as the Arctic, the allowances are paid “in kind”; in other words, the family are allowed to purchase goods from their usual trader up to the amount to which they are entitled. In the Canadian Eastern Arctic nearly all trading posts are maintained by the Hudson's Bay Company. In order to report the number of Eskimo children in the families, registrars and sub-registrars are appointed in the various areas. In localities where detachments of Royal Canadian Mounted Police are posted, a police officer acts as the registrar. In other localities the trader or traders act as sub-registrars. The Eskimo families notify one or other of these officials as soon as possible after a new baby is born, that is, when they next visit the trading post or settlement.

scholarly journals The laws of social reproduction: a lesson in appropriation

2020 ◽  
Vol 64 (3) ◽  
pp. 317-333
Author(s):  
Prabha Kostiswaran
Keyword(s):  
Sex Work ◽  
Criminal Law ◽  
Social Reproduction ◽  
Contract Law ◽  
The Political ◽  
Goods And Services ◽  
Commercial Surrogacy ◽  
The Family ◽  
Political Economies ◽  
Heterosexual Marriage

This article offers insights into the law’s appropriation of women’s reproductive labour, namely, the intimate labours that they typically carry out in the context of marriage to biologically, socially, emotionally and culturally reproduce members of the household by offering a range of goods and services. Feminist legal scholars have long demonstrated the law’s failure to recognise, much less value, such reproductive labour. Where the law does recognise such labour, feminists argue that it is largely within the parameters of the institution of heterosexual marriage to the exclusion of other organisational forms. The article extends this line of feminist legal critique to reveal feminists’ own reluctance within the debates on social reproduction to recognise the reproductive labour performed by women outside the family and explicitly for the market. Through a cross-sectoral comparison of the law’s regulation of three such sectors of women’s abject labour, namely, sex work, bar-dancing and commercial surrogacy, the article demonstrates how, despite their regulation through criminal law, licensing law and contract law, there are several structural similarities in the political economies of these sectors. Consequently, any change in the rule network pertaining to any one sector of women’s reproductive labour affects women in that sector but also in other sectors. The article argues that it is only through an examination of the deep interconnectedness between sectors of women’s reproductive labour that feminists can assess whether an alternative regulatory matrix would further women’s claims to economic justice.

Introduction

2011 ◽  
Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Criminal Law ◽  
Family Law ◽  
The United States ◽  
The Bible ◽  
The Family ◽  
Important Trend ◽  
The Law

This introductory chapter takes a brief look at family law in the United States as it changed over twentieth century and the start of the twenty-first. “Family law” refers to a particular branch of the law—mostly about marriage, divorce, child custody, family property, adoption, and some related matters. However, this chapter also briefly considers other parts of the law that touch on the family in an important way, such as inheritance or the intersection between criminal law and family affairs. The chapter then considers the changes to family law in this expanded sense. In part, the changes were continuations of trends that started in the nineteenth century; but in part they were completely new. Perhaps the single most important trend was the decline of the traditional family, the family as it was understood in the nineteenth century, the family of the Bible and conventional morality.

Necrophilia

2020 ◽  
pp. 351-360
Author(s):  
Stuart P. Green
Keyword(s):  
Criminal Law ◽  
Third Parties ◽  
Deceased Person ◽  
Sexual Autonomy ◽  
Plausible Argument

This chapter offers a discussion of necrophilia, an offense that has been almost completely ignored in the criminal law theory literature but that raises interesting moral and conceptual issues—about the limits of the harm and wrong principles and the problem of the so-called missing subject. After ruling out a harm to third parties rationale, it suggests that the most plausible argument for criminalizing necrophilia is that it causes harm to the deceased person whose corpse is mistreated. But does it make sense to say that a person can suffer harms or wrongs postmortem? The question has an ancient philosophical pedigree and remains contentious. The chapter argues that the wrong caused by necrophilia is not to the corpse as such but to the antemortem person the corpse once embodied, who had an interest in maintaining her sexual autonomy while she was still alive.

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