scholarly journals “University Law Clinics and their value in undertaking client-centred law reform to provide a voice for clients’ experiences”

2014 ◽  
Vol 12 ◽  
pp. 105 ◽  
Author(s):  
Liz Curran
Keyword(s):  
Legal System ◽  
Work Experience ◽  
Policy Development ◽  
Clinical Work ◽  
Law Reform ◽  
Public Confidence ◽  
Court Cases ◽  
Clinical Program ◽  
Case Work ◽  
The Law

<p>This article examines how a clinical program can enlarge on the benefits of case work experience of enabling students by adding a course component which engages the students in identifying systemic issues in their case work which can be used to inform work on law reform issues as part of assessment in the clinical programs. The clinical program discussed in this article, demonstrates that assessment can be broadened to enable students to critique the contexts within which client issues emerge. The added component to student case work requires students to develop and use further skills in research, analysis and the evaluation of issues emerging from case work and suggest considered solutions to improve the operation of the legal system. My experience of such an approach is that it deepens students understanding not just of the law and how it is applied to their case work but also the mechanics of the law, how laws are made and how they are influenced. Student lawyers also see the important role of lawyers as members of a profession in ensuring the legal system retains public confidence. A side effect of this extension of the clinical work beyond only client work, is that students become motivated and are more employable (as they leave the course not only with skills in interviewing, communicating, letter writing, applying the law and preparing court cases) with skills in policy development and submission writing.</p>

scholarly journals The Influence Of The Constitutional Court Decision Against Combating Money Laundering In The Context Of Criminal Law Reform

2016 ◽  
Vol 1 (2) ◽  
pp. 99
Author(s):  
Somawijaya ◽  
Ajie Ramdan
Keyword(s):  
Money Laundering ◽  
Criminal Law ◽  
Legal System ◽  
Criminal Procedure ◽  
Court Decision ◽  
Law Reform ◽  
Constitutional Court ◽  
The Law

According to Moeljatno, Criminal Law is a part of a country’s legal system that prohibits certain acts with the threat of sanction for those who break said laws, determines when and in what cases such punishments should be imposed upon those who commit said acts and determines precisely how punishments should be carried out in the event that a person is accused of such acts. This paper will analyse Constitutional Court Decision No. 77/PUU-XII/2014 and Decision No. 21/PUU-XII/2014 regarding Criminal Law reform. Looking to the theory of procedural criminal law, an indictment of cumulative charges of money laundering requires that the underlying predicate offences be proven. If, for example, the predicate offence is corruption, the corruption must be proven as multiple crimes have been committed by the same suspect, namely corruption leading to money laundering. the Decision of  the Pretrial Judge of  the Court    of South Jakarta, Sarpin Rizaldi, and Constitution Court Decision No. 21/PUU- XII/2014 on the review of Article 77 of Act No. 8 Year 1981 concerning the Law of Criminal Procedure broadened the range of pretrial objects and greatly affected the principles of  formal criminal law.

scholarly journals Clinical Legal Education in Malta: Learning from experience and identifying the challenges

2019 ◽  
Vol 26 (3) ◽  
pp. 149-176
Author(s):  
David E. Zammit ◽  
Alina Kislova
Keyword(s):  
Legal System ◽  
Legal Education ◽  
Clinical Work ◽  
Learning From Experience ◽  
Clinical Model ◽  
The Law ◽  
The University

This paper introduces the reader to clinical legal education in Malta by: 1) outlining how the internal hybridity of the Maltese legal system and the juxtaposition of English and Continental models in Maltese legal education have influenced the development of the Law Clinic at the University of Malta; 2) describing how the Maltese clinical model operates currently; 3) reviewing the experiences of students involved in clinical work.

The Law Commissions: Constitutional Arrangements and the Rule of Law†

2019 ◽  
Vol 39 (3) ◽  
pp. 603-623
Author(s):  
Susan Kenny
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Review Article ◽  
Law Reform ◽  
Effective Capacity ◽  
Unique Contribution ◽  
Separate Study ◽  
The Rule Of Law ◽  
Key Issues ◽  
The Law

Abstract This review article considers two publications concerning the Law Commissions created under the Law Commissions Act 1965: Fifty Years of the Law Commissions: The Dynamics of Law Reform, a collection of essays edited by Dyson, Lee and Wilson Stark, and Wilson Stark’s monograph, The Work of the British Law Commissions: Law Reform … Now? The writers demonstrate how the Commissions’ law reform work has made a unique contribution to the improved operation of the legal system and how they must continue to adapt to changes in the constitutional arrangements within which they discharge their statutory duties. The review article focuses on key issues identified in Wilson Stark’s separate study—codification, project selection and legislative implementation, and the scope of judicial law reform. Attention is also drawn to the need for the Commissions to have effective capacity to discharge their rule of law function by promoting fair, intelligible, accessible and up-to-date law.

Part IV Separation of Powers, Ch.23 Tribunals

2016 ◽  
Author(s):  
Thiruvengadam Arun K
Keyword(s):  
Legal System ◽  
Separation Of Powers ◽  
Company Law ◽  
Historical Background ◽  
Law Reform ◽  
Recent Criticism ◽  
Committee Report ◽  
Law And Policy ◽  
The Creation ◽  
The Law

This chapter examines the constitutional status of tribunals in India and how the law and policy on tribunals have evolved since 1950. It presents a brief historical background on the evolution of tribunals in India, starting from the origin of tribunals and debates among law reform bodies from 1950 to 1975 to the Swaran Singh Committee report recommending the creation of tribunals to combat delays in the Indian legal system. It then reviews constitutional litigation over tribunals during the period 1985–2014, focusing on the Sampath Kumar and other cases after it, along with the National Company Law Tribunals. It also considers the debate over the ‘tribunalisation’ of the Indian legal system and the constitutional arguments that have been raised to challenge the validity of particular tribunals. Finally, it looks at recent criticism of the growth of tribunals by practicing lawyers and argues that calls for their abolition are impractical.

scholarly journals AN ETHICAL AND AN INTELLIGENT BUREAUCRATIC LAW REFORM

2020 ◽  
Vol 7 (3) ◽  
pp. 287
Author(s):  
Jawade Hafidz
Keyword(s):  
Legal System ◽  
Social Role ◽  
The State ◽  
Law Reform ◽  
Discretionary Power ◽  
Legal Ethics ◽  
Existing Problems ◽  
The Third ◽  
The Law

Bureaucracy and the law are two forces that must go hand in hand. Bureaucratic disregard the law when it goes limp bureaucratic system with no force because the bureaucratic system will not run when the law was abandoned. Bureaucracy in indonesia often look weak in a system. First rampant corruption in the bureaucracy is the main cause of dishonesty (actor) bureaucrats in understanding the nature of law. Breaking effects and misusing the mandate. Second, in our country as chaotic bureaucracy therein lies stagnation and the legal system in force when the bureaucracy that must be realized in accordance with the function and social role as a servant of the state. The third in the current law is enforced through a reformulation bureaucracy or bureaucratic reforms therein lies the role of bureaucracy is no longer comply with the law. Presence of bureaucracy in addition to be honest and transparent with the legal ethics bureaucracy is needed. Ethics is important in the bureaucracy. First, the existing problems in the bureaucracy becoming increasingly complex. Second, the success of development that has improved the dynamics and pace of change in the bureaucratic environment. Bureaucracy perform adjustment which requires discretionary power great.

scholarly journals The Weakness Of The Law In The Republic Of Indonesia Number 18 Year 2003 On The Advocate

2017 ◽  
Vol 1 (1) ◽  
pp. 32
Author(s):  
Sofyan Wimbo Agung Pradnyawan
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Legal System ◽  
Justice System ◽  
Public Confidence ◽  
Judicial Process ◽  
The Law ◽  
Fact Finding ◽  
Sense Of Justice

This article intends to analyze the use of the jury system in the criminal justice system of Indonesia, jury is a form of lay participation or the participation of lay that community of professional non-law in the judiciary, to make decisions which provide a more fulfilling sense of justice in society, in order to avoid the role of judges is absolute in the criminal justice process, in the legal system of modern states today dichotomy between legal systems tradition of common law or civil law is fading and towards the tendency to mix both the legal system in order to find substantive justice in the judicial process. Indonesia never make changes conceptually to the criminal justice system, so that the judicial process drab dominated the role of judges is great where law and justice seems to be the monopoly of a judge, the role of judges becomes absolute in determining aspects of the facts (fact finding) and the legal aspect in judge, legal research using law approach, conceptual, and comparative law. The results of this study is that morality is the essence of a sense of justice in society, morality can not be separated from the law, because morality is is what is considered correct by the general public, so the public will view the law as something that has no authority and can not be trusted, when morality is left in any decision of the judge in criminal justice. Entering jury in the justice system is able to raise the level of public confidence in the legal and judicial institutions that exist, because the inclusion of jury in the criminal justice system to prosecute in the aspect of fact (fact finding) addition will ease the task of the judge also made aspects of morality local is the living law in automatically entered in every decision, every decision so it is possible to better meet the sense of justice in society.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

SOCIAL RESPONSIBILITY OF THE COURT AS A PREREQUISITE FOR THE LEGAL RESPONSIBILITY OF A JUDGE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Social Responsibility ◽  
Legal Responsibility ◽  
Court Cases ◽  
Council Of Europe ◽  
The Public ◽  
The Social ◽  
Modern System ◽  
The Status ◽  
The Law ◽  
Conceptual Foundations

The article reveals the conceptual foundations of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge. It has been established that the problem of court and judge liability is regulated by the following international and Ukrainian documents, such as: 1) European Charter on the Law «On the Status of Judges» adopted by the Council of Europe; 2) The Law of Ukraine «On the Judicial System and the Status of Judges»; 3) the Constitution of Ukraine; 4) The Code of Judicial Ethics, approved by the Decision of the XI (regular) Congress of Judges of Ukraine; 5) Recommendation CM/Rec (2010) 12 of the Cabinet of Ministers of the Council of Europe to member states regarding judges: independence, efficiency and responsibilities; 6) Bangalore Principles of Judicial Conduct. The results of a survey conducted by the Democratic Initiatives Foundation and the Razumkov Center, the Council of Judges of Ukraine and the Center for Judicial Studios with the support of the Swiss Agency for Development and Cooperation based on the «Monitoring of the State of Independence of Judges in Ukraine – 2012» as part of the study of the level of trust in the modern system were considered and analyzed, justice, judges and courts. It is determined that a judge has both a legal and a moral duty to impartially, independently, in a timely manner and comprehensively consider court cases and make fair judicial decisions, administering justice on the basis of legislative norms. Based on the study of the practice of litigation, it has been proven that judges must skillfully operate with various instruments of protection from public influence. It has been established that in order to ensure the protection of judges from the public, it is necessary to create special units that will function as part of judicial self-government bodies. It was proposed that the Council of Judges of Ukraine, which acts as the highest body of judicial self- government in our state (in Ukraine), legislate the provision on ensuring the protection of the procedural independence of judges.

Preclusion of the Right to Submit New Facts and Evidence According to the Law on Contested Procedure in Kosovo

2017 ◽  
Vol 10 (1) ◽  
pp. 84
Author(s):  
ARTAN QERKINI
Keyword(s):  
Market Economy ◽  
Legal System ◽  
Practical Implementation ◽  
Relevant Evidence ◽  
Legal Provisions ◽  
The Law ◽  
Legislative Amendments ◽  
The Right

The market economy and changes within Republic of Kosovo’s legal system, which imposed the need of legal changes within the field of contested procedure also, have caused this procedure to become more efficient vis-à-vis legal provisions which were in force until October 6th 2008. Through the Law on Contested Procedure (hereinafter “LCP”), the legislator has aimed, inter alia, to make the contested procedure more concentrated, and thus, more efficient. In this regard, the Kosovar legislator has determined that it is mandatory for the parties to present any and all relevant evidence for resolving the dispute until the preparatory session, and in the event that one was not held, until the first main hearing session. As an exception, the parties may present relevant evidence even after this stage of proceedings, provided that their failure to present said evidence no later than at the preparatory session, respectively first main hearing session, was through no fault of their own. I consider that these legislative amendments are vital to ensuring practical implementation of the principle of efficience in the contested procedure.

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