A Legal Analysis of Juvenile Justice Act 2015: Its Efficacy in Rohilkhand Region

LAW REVIEW ◽  
2018 ◽  
Vol 38 (1) ◽  
Author(s):  
Dr.Amit Singh
Keyword(s):  
Juvenile Justice ◽  
Legal Analysis ◽  
Best Interest ◽  
Need Of Care ◽  
Child Friendly ◽  
The Law ◽  
The Way

A society is judged by the way it treats with their women and children.Providing a secured and dignified atmosphere to the children is a parameter of the development of the society.if the children are not protected accordingly and they are treated as fall devlop offender s in jail there it would have the effect of working the devlopment of child, exporting him harmful influences on his conscience and eliminating him from the society.The present paper will discuss the law relating to juveniles specially delinquent and neglected juveniles.Paper will also focus on law relating to juveniles in conflict with law and children in need of care and protection by providing for people care, protection and treatment by catering to their devlopment needs and by adopting a child friendly approach in the adjudication and disposition of matters in the best interest of children.

Historic Conjunction of Juvenile Law and Child Psychology

2021 ◽  
Vol 3 (1) ◽  
pp. 44-47
Author(s):  
Dr. Abida Hassan ◽  
Muhammad Arif Saeed
Keyword(s):  
Juvenile Justice ◽  
Child Psychology ◽  
Modern Society ◽  
Ulterior Motive ◽  
History Of ◽  
The Law ◽  
The Way

In any developed nation, the way law is implemented is a seen as a reflection of what the statute or article was intended for, since modern society is a complex blend of different societal layers, it is necessary to make distinctions based on certain criteria in order to satisfy the ulterior motive of law: to maintain peace and harmony in society. One such distinction is that between the law applicable to adults and that applicable to minors, or in legal terms, juveniles. Pakistan also shared its history of juvenile justice with India, up until its independence in 1947. Even then it took Pakistan fifty-three years to formulate a uniform piece of legislation for juveniles, and then another eighteen to update and revise it considerably. By virtue of the procedure of independence, Pakistan inherited a lot of laws that had been introduced by the British in the subcontinent during their rule. Several of these laws were oriented towards juveniles and the need for their separation from adult, either wholly or partially and some of them survive to this day as well.

scholarly journals Child Friendly Juvenile Police through Social Work Approach

2020 ◽  
Vol 8 (2) ◽  
pp. 70-76
Author(s):  
P Kavitha ◽  
K Sekar ◽  
K K Subair
Keyword(s):  
Social Work ◽  
Child Development ◽  
Psychosocial Care ◽  
Psychosocial Problems ◽  
Need Of Care ◽  
Care And Support ◽  
Child Friendly ◽  
The Law

The police are the first agency of contact for children in conflict with the law and children in need of care and protection. These children undergo varied problems that are bio-psychosocial, which is beyond their coping, which will lead to children resorting to unacceptable behaviors such as involving in unlawful activities. Department of Women and Child Development, Kerala, with support from NIMHANS, initiated a novel program to provide psychosocial care and support for children in conflict with the law. As part of the program, Special Juvenile Police Officials were trained in psychosocial care for children in need of care and protection and children in conflict with the law. Incorporating social work techniques in training police and skills in practice, especially among the special juvenile police units, will sensitize police on psychosocial problems and care for children that will support better execution of law in favor of children.

KEBIJAKAN HUKUM PIDANA PERLINDUNGAN ANAK DALAM PEMBARUAN SISTEM PERADILAN PIDANA ANAK DI INDONESIA

2018 ◽  
Vol 2 (3) ◽  
pp. 358
Author(s):  
Candra Hayatul Iman
Keyword(s):  
Juvenile Justice ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Justice System ◽  
Juvenile Court ◽  
Special Treatment ◽  
System Reform ◽  
Best Interest ◽  
Cultural Paradigm ◽  
The Law

Juvenile Delinquency is an anti-social behavior can be disturbing public society, but it is recognized as a common phenomenon that must be accepted as a social fact. Children based on their physical, mental and social have a weak position compared with adults, so that children who committed needs to be special treatment. Therefore, the treatment of juvenile delinquents should be different with the treatment of adults. Child Protection in fact there are still many who have not accommodate the principles of international instruments. In the juvenile court still found violations of children's rights in the implementation of the handling of children in conflict with the law. Research it can be concluded that the formulation of policies for the protection of children in conflict with the law in the juvenile justice system in Indonesia is regulated in Law No. 3 Year l997 on Juvenile Court has not accommodated the principle of the best interest of the child in the juvenile justice system, so it is normative in the formulation did not reflect the level of the basic idea of the protection of children. Thus, the level of normative formulation does not reflect the basic idea of the child protection law. Formulation studies to the protection of children in conflict with the law in the juvenile justice system in accordance with Law No. 11 Year 2012 has been to accommodate the principle of the best interest of the child with the diversion. Yet undiscovered principles of availability of legal aid in the context of the principle of diversion and diversion control authority. Formulation studies to the protection of children in conflict with the law in the juvenile justice system in accordance with Law No. 11 Year 2012 has been to accommodate the principle of the best interest of the child, among others, by focusing on the handling of children in conflict with the law through diversion measures to promote restorative justice approach. Application policy to the protection of children in conflict with the law in the juvenile justice system involves substantial problems, structural and cultural. Paradigm of retributive justice system is still an idea in Act No. 3 of 1997. Keywords: Criminal Law Policy; child protection, juvenile justice system reform.

What is Critical Research in International Law? Celebrating Structuralism

2016 ◽  
Vol 29 (3) ◽  
pp. 727-735 ◽  
Author(s):  
MARTTI KOSKENNIEMI
Keyword(s):  
International Law ◽  
Legal Analysis ◽  
Legal Language ◽  
Critical Research ◽  
The Law ◽  
The Way

AbstractThis essay is a friendly response to the colloquium on From Apology to Utopia (FATU). It restates the way critical research examines the exercise of power through analysis of (legal) language. Attention is directed especially to the empowering and enchanting effects of the law. The main point has to do with the continuing power of structuralism as a form of legal analysis.

scholarly journals RESTORATIVE JUSTICE DALAM SISTEM PERADILAN PIDANA ANAK / Restorative Justice In Juvenile Justice System

2016 ◽  
Vol 5 (3) ◽  
pp. 319
Author(s):  
Randy Pradityo
Keyword(s):  
Human Resources ◽  
Juvenile Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Best Interests ◽  
Best Interest ◽  
The Will ◽  
The Law

Anak sebagai generasi penerus bangsa sudah selayaknya mendapatkan perhatian khusus. Hal tersebut bertujuan dalam rangka pembinaan anak untuk mewujudkan sumber daya manusia yang berkualitas. Maka dari itu, diperlukan pula sarana dan prasarana hukum yang mengantisipasi segala permasalahan yang timbul. Sarana hukum ini bertujuan untuk mengantisipasi stigma atau cap jahat yang ditimbulkan ketika anak berhadapan dengan hukum, sekaligus memulihkan dan memasyarakatkan kembali anak tersebut. Salah satu solusinya adalah dengan mengalihkan atau menempatkan pelaku tindak pidana anak keluar dari sistem peradilan pidana serta memberikan alternatif bagi penyelesaian dengan pendekatan keadilan demi kepentingan terbaik bagi anak, yang kemudian dikenal dengan pendekatan restorative justice. Restorative justice yang merupakan implementasi konsep dari diversi telah dirumuskan dalam sistem peradilan pidana anak, namun sistem yang baik haruslah diiringi dengan suatu sikap yang dijiwai kehendak untuk memandang dan berkeyakinan bahwa dunia ini selalu menjadi lebih baik. Selain itu, hendaknya prinsip the best interest of the children selalu diutamakan ketika menangani anak yang berhadapan dengan hukum. Children as the nation's next generation is already deserve special attention. It aims in order to develop the child to realize the quality of human resources. Therefore, it is also necessary legal infrastructure to anticipate any problems that arise. The legal means to anticipate stigma or stamp evil inflicted when the child against the law, as well as restoring and re-socialize the child. One solution is to divert or placing the offender children out of the criminal justice system as well as providing an alternative to the settlement with justice approach in the best interests of the child, who was then known as restorative justice approach. Restorative justice which is the implementation of the concept of diversion has been formulated in the juvenile justice system, but a good system must be accompanied by an attitude which is imbued with the will to perceive and believe that this world is always getting better. In addition, should the principle of the best interest of the children always come first when dealing with children in conflict with the law.

Opinions Regarding the Principle of Promoting with Priority the Superior Interest of the Child in the Regulation of Law No. 272/2004 and the Romanian Civil Code

2020 ◽  
Vol 26 (2) ◽  
pp. 150-156
Author(s):  
Aurelia Teodora Drăghici ◽  
Andrei Murgu ◽  
Teodor Bodoașcă
Keyword(s):  
Children's Rights ◽  
Civil Code ◽  
Children’S Rights ◽  
Best Interests ◽  
Legal Analysis ◽  
Best Interest ◽  
Regulation Of Law

SummaryThe study is devoted mainly to the logical-legal analysis of the provisions of art. 2 of Law no. 272/2004 on the promotion and protection of children’s rights, as well as art. 263 of the Civil Code, which establish the main normative solutions regarding the “priority promotion of the principle of the best interests of the child”. Although the phrase “the best interests of the child” is used in the construction of many rules of Law no. 272/2004, the Civil Code and other normative acts, the legislator refrained from establishing its significance, leaving this approach to the doctrine. The proposed study is intended to be a contribution to achieving this goal. We were also concerned with the identification of normative inaccuracies and the substantiation of pertinent proposals of lege ferenda for the improvement of the regulations regarding the principle of promoting with priority the principle of the best interest of the child.

Prawne aspekty eutanazji w Holandii

2016 ◽  
Vol 14 (3) ◽  
pp. 243-253
Author(s):  
Grzegorz Stefanowicz
Keyword(s):  
The Netherlands ◽  
Assisted Suicide ◽  
Public Authority ◽  
Dutch Society ◽  
On Demand ◽  
Limited Length ◽  
The Law ◽  
Death On Demand ◽  
The Way

This article undertakes to show the way that has led to the statutory decriminalization of euthanasia-related murder and assisted suicide in the Kingdom of the Netherlands. It presents the evolution of the views held by Dutch society on the euthanasia related practice, in the consequence of which death on demand has become legal after less than thirty years. Due attention is paid to the role of organs of public authority in these changes, with a particular emphasis put on the role of the Dutch Parliament – the States General. Because of scarcity of space and limited length of the article, the change in the attitudes toward euthanasia, which has taken place in the Netherlands, is presented in a synthetic way – from the first discussions on admissibility of a euthanasia-related murder carried out in the 1970s, through the practice of killing patients at their request, which was against the law at that time, but with years began more and more acceptable, up to the statutory decriminalization of euthanasia by the Dutch Parliament, made with the support of the majority of society.

Konsep Ihsân dalam Wacana Pendidikan Islam

TAJDID ◽  
2019 ◽  
Vol 26 (1) ◽  
pp. 1
Author(s):  
Husni Husni
Keyword(s):  
Existence Of God ◽  
Good Deed ◽  
The Law ◽  
To Receive ◽  
Islamic Society ◽  
Muslim Scholars ◽  
The Way

This article studies the concept of Ihsan (good deed) in the thought of ulama mufassirs (Muslim scholars interpretering the Qur’an). The result of the study being carried out by the writer is that the concept of ihsan being too narrowly interpreted, proves that it has wide interpretation in the thought of muffasirs. If so far among society the concept of ihsan has been narrowly interpreted on the good deed or doing good deed, so according to mufassirs, the concept means: (1) carrying out all obligations, (2) being patient to receive all the obligation and anything forbidden by God, (3) being obedient and always perfects his obedience in quality as well as in the way, (4) forgiving, (5) being sincere, (6) realizing the existence of God, (7) emphasizing the esoteric aspect rather than exoteric world, (8) knowledge, (9) being firm in the truthfulness, (10) havng understanding about the true teachings of God, (11) having good comprehension about the law appropriately applied among the Islamic society. The wide meaning of this concept because this concept is really expressed by the Koran in context. This article tries to attach the concept of Ihsan in several meanings about the education world

The Law of Tort

2018 ◽  
Author(s):  
Eva Steiner
Keyword(s):  
Civil Liability ◽  
French Law ◽  
The Law ◽  
Broad Approach ◽  
The Way

This chapter examines the French law of tort. Although French law takes a broad approach to civil liability, when looking more closely at the way in which French judges have dealt with claims in tort, it becomes apparent that the need to avoid extending the scope of civil liability to an unlimited extent has also been present in French law. Indeed, in order to achieve desirable results, French judges have on many occasions used their discretion to interpret restrictively the elastic concepts of fault, damage, and causation. Hence, they end up dismissing claims which, for policy reasons, would have created unjust results or would have opened the gates to a flood of new claims. Thus, even though French judges do not admit to it openly in their judgments, they are influenced as regards the matter of deciding the limits of liability by general policy considerations, especially the ‘floodgates arguments’ which their English counterparts also readily understand.

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