scholarly journals On The Legal Sanction Against Marriage Registration Violation in Southeast Asia Countries: A Jasser Auda’s Maqasid Al-Shariah Perspective

2021 ◽  
Vol 5 (1) ◽  
pp. 471
Author(s):  
M Noor Harisudin ◽  
Muhammad Choriri
Keyword(s):  
Law Enforcement ◽  
Southeast Asia ◽  
Public Interest ◽  
Systems Analysis ◽  
Constitutional Rights ◽  
Conceptual Approach ◽  
Brunei Darussalam ◽  
Legal Sanction ◽  
Legal Sanctions ◽  
Financial Penalty

The legal sanction on marriage registration violations was intended to create equity within households and fulfill every citizen’s constitutional rights. However, the law enforcement efforts encountered some problems, especially in three Southeast Asia countries: Indonesia, Malaysia, and Brunei Darussalam. This article investigated the diversity of regulations on marriage registration violations in the countries and analyzed how Jasser Auda’s maqasid al-shariahperspective viewed the type of legal sanctions there. This study found that there were regulations on marriage registration violations in each country. However, while Malaysia and Brunei Darussalam imposed both financial penalty and imprisonment, Indonesia only charged fines for the culprits. In Jasser Auda’s perspective, the regulations in the countries, except Indonesia, were in line with maqasid al-shariah because firstly, they aimed at maintaining harmony in marriage and contained the aspect of serving the depth and breadth of public interest (maslahah) in terms of necessities (daruriyat). Secondly, the regulations had traversed basic conceptual approach and systems analysis.

scholarly journals Ruler of Interests, Political Interests, or Law Enforcement: Case Study of Amnesty Plan for Din Minimi Group in East Aceh

Al-Ahkam ◽  
2019 ◽  
Vol 18 (2) ◽  
pp. 239
Author(s):  
Yusi Amdani
Keyword(s):  
Law Enforcement ◽  
Political Prisoners ◽  
Criminal Cases ◽  
Conceptual Approach ◽  
Political Interests ◽  
Presidential Decree ◽  
Legal Sanctions ◽  
Law And Justice ◽  
Rule Out

<p>The aim of this paper is the concept of the settlement of criminal cases committed Din Minimi Group. The amnesty is the prerogative of the President specified in the Constitution of 1945. Amnesty NRI is a form of pardon to political prisoners to be free from legal sanctions. The legal basis for amnesty stipulated in the Emergency Law No. 11 of 1954 on Amnesty and Abolition. The method used in this paper is a conceptual approach. Related to peace efforts in Aceh, the President has issued Presidential Decree No. 22 of 2005 on Amnesty and Abolition against GAM members. Once that happens again insurgency by Din Minimi caused dissatisfaction with the policy of the Governing of Aceh. Counterinsurgency is done by giving amnesty to the group Din Minimi so willing to surrender. When viewed in this aspect of the law, amnesty if forced to give to Din Minimi, it is destructive to the prevailing laws in Indonesia. Do not rule out the possibility of regulation will hit Indonesia polemic, so the solution had to pay attention to various aspects of both of the victim, the offender, and the community by not disregard the rule of law and justice.</p>

scholarly journals Sanksi Hukum terhadap Anggota Polisi yang Melakukan Tindak Pidana Pembunuhan

2021 ◽  
Vol 2 (3) ◽  
pp. 633-638
Author(s):  
Ni Komang Ayu Sri Agustini ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Police Officers ◽  
Code Of Ethics ◽  
Secondary Data ◽  
Public Security ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Rules ◽  
Legal Sanction ◽  
Police Data ◽  
Legal Sanctions

The police are essentially government institutions and functions that are engaged in maintaining public security and order. The number of temptations causes the police to commit violations or criminal acts. This study aims to understand the legal arrangements against police officers who commit crimes and examine legal sanctions and legal rules that regulate problems in legal arrangements against police officers who commit criminal acts and forms of legal sanctions against the crime of murder. The research method uses normative legal research with a statutory and conceptual approach. Sources of legal materials consist of primary legal materials and secondary data. Data collection is done by reading the law on the police. Data analysis was carried out by case studies namely; the legal materials obtained in the research were processed and analyzed, and presented in a descriptive-analytical manner. The results of the study indicated that legal arrangements for police officers who commit murder crimes, where violations of the code of ethics have consequences, will be tried by the commission of the professional code of ethics. The legal sanction is that a police officer who commits a crime will be processed through a general court trial, undergo sanctions, and undergo a code of ethics trial with dishonorable dismissal. The imposition of disciplinary sanctions is decided in a disciplinary hearing for members of the police who violate police discipline and code of ethics

HISTORY AND DEVELOPMENT OF TAFSIR IN SOUTHEAST ASIA (Indonesia, Malaysia, Brunei Darussalam, Singapore and Thailand)

2018 ◽  
Vol 1 (2) ◽  
pp. 171
Author(s):  
Amirulloh Sain Asari
Keyword(s):  
Southeast Asia ◽  
Academic World ◽  
Brunei Darussalam

This paper describes the history and development of tafsir in Southeast Asia, namely Indonesia, Malaysia, Brunei Darusalam, Singapore and Thailand, aimed at providing a new discourse to the academic world, that Islam has another treasure in Far Asia, which is known as a pluralistic country because Islam entered in those countries without any wars. And to provide information related the books, author influence, and method of their tafsir in general.Keyword: History, Development Tafsir, and Southeast Asia 

SEARCH FOR AND SEIZURE OF EVIDENCE IN CYBER ENVIRONMENTS: A LAW-ENFORCEMENT DILEMMA IN SOUTH AFRICAN CRIMINAL PROCEDURE

2014 ◽  
Vol 1 (1) ◽  
pp. 48-67
Author(s):  
Vinesh M Basdeo ◽  
Moses Montesh ◽  
Bernard Khotso Lekubu
Keyword(s):  
Law Enforcement ◽  
South African ◽  
Legal System ◽  
Criminal Procedure ◽  
Integrated Approach ◽  
Physical World ◽  
Legal Framework ◽  
Time Zone ◽  
Legal Sanctions ◽  
Domestic Affairs

Investigating, deterring and imposing legal sanctions on cyber-criminals warrants an international legal framework for the investigation and prosecution of cybercrime. The real-world limits of local, state and national sovereignty and jurisdiction cannot be ignored by law-enforcement officials. It can be a strenuous task to obtain information from foreign countries, especially on an expedited basis – more specifically when the other country is in a different time zone, has a different legal system, does not have trained experts and uses different languages. In South Africa existing laws appear to be inadequate for policing the cyber realm. The effects and impact of information technology on the legal system have not yet received the attention they warrant. The challenges presented by the electronic realm cannot be solved merely by imposing existing criminal and criminal procedural laws which govern the physical world on cyberspace. The electronic realm does not necessarily demand new laws, but it does require that criminal actions be conceptualised differently and not from a purely traditional perspective. Sovereignty and the principle of non-interference in the domestic affairs of another state are fundamental principles grounding the relations between states; they constitute an important mechanism in the armoury of criminals. The harmonisation and enactment of adequate and appropriate transborder coercive procedural measures consequently play a pivotal role in facilitating effective international cooperation. This article examines the efficacy of South African laws in dealing with the challenges presented by police powers to search for and seize evidence in cyber environments. It analyses the rudimentary powers that exist in South African criminal procedure regarding the search for and seizure of evidence in cyber environments, and compares them against the backdrop of the more systemic and integrated approach proposed by the Cybercrime Convention.

Examining drivers’ socio-demographic variables and perceptions towards sanction mechanisms on speeding behaviour on highways: targeting appropriate prevention

2021 ◽  
pp. 1-12
Author(s):  
Fitri Trapsilawati ◽  
Nadhiya Ulhaq Priatna ◽  
Titis Wijayanto ◽  
Ari Widyanti ◽  
Utami Dyah Syafitri ◽  
...  
Keyword(s):  
Traffic Accident ◽  
Online Survey ◽  
Demographic Variables ◽  
Targeted Prevention ◽  
Material Loss ◽  
Legal Sanction ◽  
Study Results ◽  
Legal Sanctions ◽  
Prevention Programmes ◽  
Car Driving

Abstract Investigating the underlying predictors of speeding behaviour deserves the full attention of research. This study aims to examine the effects of demographic variables on the perceived deterrent mechanisms and to predict speeding behaviour to target appropriate prevention programmes. In this study, 212 randomly selected drivers having a valid car driving licence participated in an online survey. The results revealed that demographic variables influenced drivers’ perceptions towards social and legal sanctions as well as material loss. The model revealed that two sanction-related constructs, that is, legal sanction (b = −0⋅227, P = 0⋅007) and material loss (b = −0⋅218, P = 0⋅005), as well as lax perception towards traffic accident (b = −0⋅176, P = 0⋅025), were the significant predictors of speeding behaviour. These findings suggested that prevention programmes should prioritise young and single drivers. The most effective targeted prevention programmes are highlighted accordingly based on the study results.

scholarly journals Corporate Governance of Artificial Intelligence in the Public Interest

Information ◽  
2021 ◽  
Vol 12 (7) ◽  
pp. 275
Author(s):  
Peter Cihon ◽  
Jonas Schuett ◽  
Seth D. Baum
Keyword(s):  
Artificial Intelligence ◽  
Corporate Governance ◽  
Law Enforcement ◽  
Nonprofit Organizations ◽  
Public Interest ◽  
Department Of Defense ◽  
The Public ◽  
Wide Range ◽  
The Media ◽  
The U.S

Corporations play a major role in artificial intelligence (AI) research, development, and deployment, with profound consequences for society. This paper surveys opportunities to improve how corporations govern their AI activities so as to better advance the public interest. The paper focuses on the roles of and opportunities for a wide range of actors inside the corporation—managers, workers, and investors—and outside the corporation—corporate partners and competitors, industry consortia, nonprofit organizations, the public, the media, and governments. Whereas prior work on multistakeholder AI governance has proposed dedicated institutions to bring together diverse actors and stakeholders, this paper explores the opportunities they have even in the absence of dedicated multistakeholder institutions. The paper illustrates these opportunities with many cases, including the participation of Google in the U.S. Department of Defense Project Maven; the publication of potentially harmful AI research by OpenAI, with input from the Partnership on AI; and the sale of facial recognition technology to law enforcement by corporations including Amazon, IBM, and Microsoft. These and other cases demonstrate the wide range of mechanisms to advance AI corporate governance in the public interest, especially when diverse actors work together.

The rights of the defendant and public interest in proving insanity under the law of New York

2021 ◽  
Vol 30 (3) ◽  
pp. 108-124
Author(s):  
Aleksey Grin'ko
Keyword(s):  
New York ◽  
Law Enforcement ◽  
Public Interest ◽  
Due Process ◽  
Burden Of Proof ◽  
Public And Private ◽  
Whole Process ◽  
History Of ◽  
The Law ◽  
Legislative Changes

Allocation of the burden of proof is a key issue of criminal procedure that is affected by multiple legal and social factors. Under due process principles, the defendant’s right to a fair and impartial trial is deemed to be the epicenter of the whole structure. However, efficient law enforcement is a prominent public interest that must be considered. This article explores the correlation between public and private interest in proving insanity under the law of New York, which provides great empirical background due to its long history of legal disputes and legislative changes. Considering the nature and structure of the burden of proof, the author concludes that there are several principles for its fair allocation: the due party that bears both the burden and the risk of its nonperformance; the feasibility of the burden; the adequate opportunity for the other party to rebut; the concentration of resources upon needs that are not presumed but in fact exist. All the mentioned principles lay the ground for the harmonization of constitutional guaranties for the defendant as well as the successful enforcement of criminal law. The current New York approach to insanity defense as an affirmative one along with the history of its implementation tends to prove its compliance with such requirements. This finding suggests that bearing the burden shall not be treated as impairment by default, but can protect both the interest of this party and the integrity of the whole process.

Minority Participation in an Islamic Negara

2015 ◽  
Vol 1 ◽  
Author(s):  
Li Li Pang
Keyword(s):  
Southeast Asia ◽  
Cultural Context ◽  
Islamic Law ◽  
Criminal Code ◽  
The Political ◽  
International Media ◽  
Ethnic Chinese ◽  
Minority Participation ◽  
Brunei Darussalam ◽  
Muslim Minorities

On the 1st of May 2014, Negara Brunei Darussalam declared the implementation of an Islamic criminal code of law, thus becoming the first country in modern Southeast Asia to declare so. Inevitably, Brunei was scrutinised by the international media, particularly over its relations with its non-Muslim minorities. This paper investigates the causes of the international media’s anxieties by analysing the socio-political circumstances of the non-Muslim minorities in Brunei, with particular focus on its ethnic Chinese citizens, and with reference to the Islamic Law of Minorities, or ahle dhimmah. Perspectives of the Islamic Law of Minorities toward Brunei’s Chinese citizens are also examined within the political-cultural context of Negara. Thus, exploring simultaneously these concepts, Islam and Negara, this paper asserts that the Islamic Law of Minorities has long been upheld in the Brunei Negara, serving to foster the coexistence of peoples of various ethnic and religious affiliations within the Abode of Peace.

scholarly journals Sociocultural aspect of criminal law enforcement in the Russian mentality

2021 ◽  
Vol 118 ◽  
pp. 02009
Author(s):  
Vladimir Mikhailovich Zolotukhin ◽  
Rashit Saitgoraevich Bikmetov ◽  
Vadim Viktorovich Shiller ◽  
Anastasiya Aleksandrovna Tarasenko
Keyword(s):  
Comparative Analysis ◽  
Law Enforcement ◽  
National Security ◽  
Criminal Law ◽  
Systems Analysis ◽  
Essential Element ◽  
Cultural Environment ◽  
Scientific Methods ◽  
Methodological Basis ◽  
Economic Trends

The aim of the study is a comparative analysis of the socio-cultural aspect of criminal law enforcement in the Russian mentality. The methodological basis was such scientific methods as dialectical, comparative, logical, historical, prognostic, and systems analysis. This allowed, to achieve this goal, to perform a comparative analysis of the works of Russian and foreign legal experts on the examined problem. The result of the study was the conclusion that the effectiveness of law enforcement is due not only to national mentality, but also to the socio-cultural environment both on the part of the law enforcement officer and citizens as participants and/or eyewitnesses of specific legal relations. The authors also emphasize that culture, as well as socio-cultural environment forms stereotypes of legal behavior, depending on the constitutional and legislative consolidation of socio-political and socio-economic trends in the development of society. The novelty of the work lies in the formulation of the problem and its substantiation. This is due to the fact that the authors emphasize that an essential element is the degree of acceptability of value stereotypes in a particular state that allow and/or prohibit certain actions in connection with the possibility of undermining the foundations of national security and public morality.

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