KRIMINALISASI HAKIM DAN EKSISTENSI PRINSIP JUDICIAL INDEPENDENCE DALAM BINGKAI NEGARA HUKUM

2018 ◽  
Vol 2 (3) ◽  
pp. 325
Author(s):  
Muh Risnain
Keyword(s):  
Rule Of Law ◽  
Criminal Policy ◽  
Judicial Independence ◽  
Legal Policy ◽  
The Law ◽  
Quo Vadis

Legal policy throught criminalization of judge by the law are abuse of judicial indpence and threat of rule of law principle while regulate by the constitution. And it is shown that quo vadis of criminalization policy when drafting the law. To solve this problem, there are two step, firstly, House of representative and President as state organs who have authority to arrange the law must pay attention principle of judicial indepence and rule of law, second, reorientation of criminal policy. Keywords: Criminalization, Judicial Independence and Rule of Law.

scholarly journals IMPLEMENTASI PRINSIP DEMOKRASI DAN NOMOKRASI DALAM STRUKTUR KETATANEGARAAN RI PASCA AMANDEMEN UUD 1945

2011 ◽  
Vol 11 (2) ◽  
Author(s):  
Martha Pigome
Keyword(s):  
Rule Of Law ◽  
Judicial Review ◽  
The State ◽  
General Election ◽  
Constitutional Court ◽  
Legal Policy ◽  
State Constitution ◽  
The Law ◽  
The Guardian

 The principle of democracy and nomocracy as state in the Constitution 1945 is the embodiment of the state that based on civil sovereignty and state characteristics that uphold the law. Implemention of those two principles changes the structure of the state that established the Constitutional Court. This institution known as the guardian of democracy of any process of political democatization and legal policy. The consitutional Court plays an important role in maintaining the state constitution (Constitution 1945). Constitutional Court have an authority to solve dispute elections and general election. This institution also have a role to judicial review of any statute that not synchronize with the Constitution 1945. Keywords : Demoratization, Rule of Law, Constitution and Legal Policy

scholarly journals To the Question of Building an Ideological Basis of the Legal Policy for the Criminal Sphere of Russian Society

2019 ◽  
Vol 13 (5) ◽  
pp. 782-790
Author(s):  
Natalia Akimova
Keyword(s):  
Criminal Policy ◽  
Western Civilization ◽  
Russian Society ◽  
Moral Norms ◽  
Law And Order ◽  
Official Statistics ◽  
Legal Policy ◽  
Russian State ◽  
The Law ◽  
Effective Use

The article examines the ideological basis of the legal policy for the criminal sphere of Russian society. The author notes that, in spite of optimistic criminological indices found in official statistics, it is too early to conclude that the criminal situation in the country is stable. It is stressed that the situation with law and order in modern Russia is far from ideal due to, largely, a lack of a sound criminal policy. The author assesses the contemporary condition of Russian criminal policy as a crisis and stresses that this crisis is, primarily, an ideological one. The paper states that in today’s Russia the question of developing any policy, including criminal policy, is very sensitive due to the polarization of opinions as to whether this process should rely on a radical modernization of its ideological basis or it should use national foundations while taking into account the existing traditions. Within this context, the author notes that the Russian state was historically based on a system of obligations placed on a person, and it still uses the idea of obligations and (or) the system of the Gospel’s Commandments. However, today this fundamental basis is eroded by the values of uncontrolled liberalism, which not only dictates permissiveness in all spheres of life, but also imposes this ideology as the only one possible. The author believes that this path is absolutely unacceptable for Russia because, unlike the Western civilization, that has successfully replaced morals with the law, the Orthodox civilization has always given priority to the moral norms. Based on the presented material, the author concludes that, while formulating the clauses of criminal legal policy in contemporary Russia, it is necessary to rely upon its specific national features, and that the ideological basis should not contradict basic values that have been developing in the society for thousands of years. This approach will benefit the lawfulness of citizens and will reduce the level of legal nihilism, which is a serious obstacle for the effective use of law.

Ethics in the Judiciary System of Bangladesh

1970 ◽  
Vol 1 (2) ◽  
pp. 34-36
Author(s):  
Mehedi Imam
Keyword(s):  
Rule Of Law ◽  
Judicial Independence ◽  
Moral Values ◽  
The Other ◽  
Considerable Time ◽  
Ethical Knowledge ◽  
Judicial Practice ◽  
Independent Judiciary ◽  
Role Players ◽  
High Level

In Bangladesh, demand for judicial independence in practice has been a much debated issue and the demand is fulfilled but expectation of people is not only limited to have an independent judiciary but to have an impartial system and cadre of people, which will administer justice rationally being free from fear or force. The independence of judiciary and the impartial judicial practice are related concepts, one cannot sustain without the other and here existence as well as the need of practicing impartiality is well recognized. But the art of practicing impartiality does not develop overnight as it’s related to development of one’s attitude. It takes a considerable time resulting from understanding, appreciating and acknowledging the moral values, ethics and professional responsibility. The judiciary includes Judges, Advocates mostly who are expected to demonstrate a high level of moral values and impartiality towards people seeking justice and ‘rule of law’. This is true that bench officers and clerks are also part of the process to ensure rule of law with same level of participation by the law enforcing agencies such as police. However the paper includes only those who either join judiciary as Judge/Magistrate or Advocate to explore level and extent of ethical knowledge they receive being key role players of the system. DOI: http://dx.doi.org/10.3329/bioethics.v1i2.9628 Bangladesh Journal of Bioethics 2010; 1(2): 34-36

LEGAL ESSENCE OF ANCIENT PROVERBS AND SAYS AND THEIR SOCIAL SIGNIFICANCE

2020 ◽  
Author(s):  
Angela Dranishnikova ◽  
Ivan Semenov
Keyword(s):  
Public Sphere ◽  
Rule Of Law ◽  
Social Significance ◽  
The Rule Of Law ◽  
The Public ◽  
Moral Standards ◽  
The Social ◽  
The Law ◽  
The Public Sphere ◽  
Status Position

The national legal system is determined by traditional elements characterizing the culture and customs that exist in the social environment in the form of moral standards and the law. However, the attitude of the population to the letter of the law, as a rule, initially contains negative properties in order to preserve personal freedom, status, position. Therefore, to solve pressing problems of rooting in the minds of society of the elementary foundations of the initial order, and then the rule of law in the public sphere, proverbs and sayings were developed that in essence contained legal educational criteria.

PURPOSE, PRINCIPLES AND SPECIFIC FEATURES OF PROSECUTOR’S OFFICE LEGAL CREATION ACTIVITY

2021 ◽  
Vol 6 (10) ◽  
pp. 53-62
Author(s):  
Shoxrukhkhon Saidov ◽  
Keyword(s):  
Civil Rights ◽  
Rule Of Law ◽  
The Rule Of Law ◽  
Legal Space ◽  
The Law ◽  
Law Making

This article describes the specifics of the law-making process conducted by the prosecutor's office. The purpose and principles of the prosecutor's office's participation in this process have been studied scientifically and theoretically. Taking into account the high relevance of ensuring legality in the law-making process, opinions were expressed about the need for adequate regulation and organization of solving this task by the prosecutor's office at the level of law and legality. The participation of the prosecutor's office in law-making activities contradicts the needs of the population, the protection of human and civil rights and freedoms, ensuring the rule of law, promoting the formation of a unified legal space and improving legislation, ensuring consistency legal instructions, systematization of legislation, scientifically based analysis are aimed at reducing the influence of bureaucratic interests and preventing the inclusion of factors that generate corruption in normative acts and their projects

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