scholarly journals LEGAL ANALYSIS AGAINST SEX GRATIFICATION ON COURT DECISION NUMBER: 87 /PID.SUS /TPK /2013 / PN.BDG

2019 ◽  
Vol 4 (2) ◽  
pp. 169
Author(s):  
Ade Destyani ◽  
Jopie Gilalo
Keyword(s):  
Law Enforcement ◽  
Islamic Law ◽  
Legal Analysis ◽  
Public Servant ◽  
Provision Of Services ◽  
The Right ◽  
Law Of Evidence ◽  
Sexual Services ◽  
Friday Night

Gratification in criminal law in Indonesia is a gift in the broad sense of discounts, commissions, interest-free loans, travel tickets, and other facilities as a mode to influence a policy that is contrary to its duties and obligations as a public servant or state administrator. Giving is no exception, including the provision of services in the form of sex. However, in Law Number 20 Year 2001 concerning the Eradication of Corruption, the enforcement of categorized gratification law on difficult law enforcement, as its proof is bound by laws and regulations concerning the law of evidence, therefore this type of corruption is not can use the conventional legal system. The alternative to overcome the limitations of Law Number 31 Year 1999 in conjunction with Law No. 20 of 200 on Corruption Eradication of Gratification of sex law is to fill the legal vacuum by using the authority of judges during the examination of cases in court. Court verdict Number: 87/ PID.SUS /TPK /2013  PN.BDG found the fact that one of the witnesses in the court provided information that the defendant requested sexual services every Thursday or Friday night, but in legal considerations the fact was not considered, it can be used as evidence against the defendant. The authors, judges in giving consideration of the decision need to elaborate, examine and examine more deeply the facts about the sex gratification associated with the explanation of Article 12 B paragraph 1. For the long term also need to absorb Islamic law as solving the problem of sexual gratification so that found the right solution in legal reform in Indonesia

scholarly journals REVISITING THE CONCEPT OF LEGAL GUARANTEE IN ISLAMIC LAW FOR STRUCTURING ISLAMIC FINANCIAL PRODUCTS

2019 ◽  
Vol 7 (2) ◽  
pp. 396-406
Author(s):  
Chaibou Issoufou ◽  
Naziruddin Abdullah
Keyword(s):  
Qualitative Research ◽  
Public Interest ◽  
Research Methodology ◽  
Islamic Law ◽  
Physical Punishment ◽  
Legal Analysis ◽  
The Public ◽  
Financial Products ◽  
Qualitative Research Methodology ◽  
The Right

Purpose of Study: In the modern Islamic financial products and services, legal guarantee is becoming increasing important in the structuring of products, particularly those used in the investments. As a result of the increasing importance of the concept of guarantee, this paper specifically revisits the conceptual analyses of legal guarantee in Islamic law with a view to providing the basis for the use of this concept in structuring relevant Shari‘ah-compliant products. Methodology: The study adopts a comparative legal analysis of the views of classical Muslim jurists. The researchers examine the principles relating to guarantee, such as the meaning of guarantee, its authority, its pillars and conditions. Other principles include modes of guarantee and its objective.  The paper also examines the principles and terms of guarantee necessitates an assessment of the effect of the guarantee contract on the contracting parties, particularly whether the guarantor has the right of recourse to the guaranteed person for a refund. The researchers adopt qualitative research methodology to analyse and examine the data. Results: It was found that although guarantee is permissible in Islamic law, it is not absolute. In fact, to make it more Islamically acceptable or Shari’ah compliant there are other terms and conditions that the contract has to fulfil especially by the guarantor, guaranteed person as well as guaranteed asset. Results: Legal Guarantee is permissible in Islamic law to prevent harm that may happen to the traders and investors, and protect the public interest.  Classical and contemporary Muslim scholars’ views are that guarantee is not limited to guarantee for debt, but extended to the guarantee for other commercial transactions like guarantee of future liability and physical punishment.  Guarantee has its own pillars and conditions, which should be met in order for a guarantee contract to be a valid one. The researchers suggest to conduct empirical research in order to have a clear picture on the concept of legal guarantee for structuring Islamic financial products.

FOREX ROBOT DEVELOPMENT IN THE PERSPECTIVE OF LAW ENFORCEMENT INTELLIGENCE AND INTELLIGENCE STRATEGY

2021 ◽  
Vol 1 (4) ◽  
pp. 327-332
Author(s):  
Seala Syah Alam ◽  
A Josias Simon Runturambi
Keyword(s):  
Law Enforcement ◽  
Foreign Trade ◽  
General Public ◽  
Human Adaptation ◽  
Special Program ◽  
The Right

In the development of technology in the financial world, we are also now familiar with trading robots. This robot works to make it easier to trade in cyberspace. Trading robots do not offer a solution to generate instant profitable transactions. Profitable long-term forex trading is much more than just tactical analysis of forex trading and the use of trading robots. Have a special program that does all the work to look tempting. But this is how trading robot’s work. Trading robot sellers who prefer to see a decent trading robot. Such a system requires constant human adaptation and supervision. The general public who wants to use trading robots well must know the risks and systems of the trading robot and there is no guarantee that using a trading robot will be 100% profitable. It should be emphasized again that the trading robot will make decisions based on the conditions that have occurred and the right decisions at that time. Thus, no foreign trade organizer dares to give absolute guarantees.

Long-term care policy for older people in Ireland: a governmental analysis

2017 ◽  
Author(s):  
Ciara O’Dwyer
Keyword(s):  
Older People ◽  
Health Information ◽  
Historical Perspective ◽  
Long Term Care ◽  
The State ◽  
Care Policy ◽  
Term Care ◽  
Provision Of Services ◽  
The Right

This chapter focuses on the long-term care policy for older people in Ireland. Taking a historical perspective, it demonstrates how the long-term care policy for older people bears all the hallmarks of neoliberal government, in which the state has ceded provision of services to the private home and residential care sector, whilst retaining a regulatory role through bodies such as the Health Information and Quality Authority. As the chapter argues, older people’s care increasingly hinges on the ability of older people to make the ‘right’ ageing choices, that is, to remain active and independent, and to act as citizen-consumers, which in turn, allows the state to relieve some of its own burden by shifting responsibility for care management onto older people themselves.

scholarly journals Penyelesaian Perkara Pemeliharaan Anak (Alimentasi) Akibat Perceraian di Pengadilan Agama

2019 ◽  
Vol 4 (2) ◽  
pp. 43
Author(s):  
Mardalena Hanifah
Keyword(s):  
Child Care ◽  
Law Enforcement ◽  
Research Method ◽  
Islamic Law ◽  
Economic Factors ◽  
Legal Principles ◽  
Descriptive Research ◽  
The Right ◽  
Community Facilities

The obligations of parents to children include the maintenance of children both their parents who are still intact in marriage or divorced. Article 156 Compilation of Islamic Law about the Result of Marriage Breakups due to Divorce which reads that a child who has not been mumayyiz has the right to obtain a hadhanah from his mother unless his mother has passed away. Children who are already mumayyiz have the right to choose to have hadhanah from their father or mother and all hadhanah costs and the livelihood of the child is borne by the father according to his ability, at least until the child is mature and can take care of their self (21 years), but in social, there are still many parents especially fathers who neglect their obligations if he has divorced his wife (mother’s children). The problem is how is the obligation of child care (alimentation) by parents due to divorce in the Religious Court and how is the legal effort if there is no obligation to carry out childcare (alimentation) by parents due to divorce in the Religious Court. The research method is normative juridical, covering research on legal principles which are something very basic in law that can be guided by the nature of descriptive research. Factors that cause obstruction of the obligation of child care (alimentation) by parents due to divorce are economic factors, legal awareness of the community, facilities in the implementation of law enforcement obligations of childcare (alimentation). The legal effort taken if the maintenance of children is not carried out is by paying money.

scholarly journals Legal regulation of public control over ensuring the rights of convicts: the experience of Russia and Belarus

2019 ◽  
Vol 1 (2) ◽  
pp. 99-117
Author(s):  
Yaroslav Reent ◽  
Nikolay Kiyko
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Main Task ◽  
Human Being ◽  
Correctional Institution ◽  
Legal Analysis ◽  
Public Control ◽  
The Moment ◽  
The Right ◽  
Prison Studies

The penitentiary service is a part of the state law enforcement system and its activities are related to the interests of society. In this case, the process of execution of criminal penalties may be accompanied with harm to law enforcement interests of persons detained in prisons. The practice of penitentiary services around the world shows that there are still cases of violations of the rights and freedoms of convicts. That is why special attention has been paid to the involvement of various social groups for monitoring the rights of convicts. In each individual state, the system of control over the activities of the penitentiary service varies depending on the social and state system, the type of legal system, and the level of development of democracy. At the same time, regardless of these factors, the control over the penitentiary service is expressed in the collection of information about the activities of penitentiary institutions, the detection of violations in their work, and at the final stage in the notification of the competent authorities about the violations, monitoring the elimination of violations and shortcomings, informing the public of the results of their work. Exercising control, most democratic states draw attention to the fact that prisons, as an important part of public life, must be information-based, open and democratic. The main task of monitoring should be to ensure compliance with generally accepted ethical standards in the execution of penalties related to isolation from society. So, according to the professor of the International center for prison studies at the University of London Vivien Stern: «The international community has said, and international law has also noted, that the whole process of depriving a human being of liberty from the moment of arrest to the moment of release from a correctional institution must be humane. Humane means ethical. Throughout this process, we must remember that a prisoner is a human being like us and has the right to have his or her human nature respected». The presented work is devoted to the description and analysis of legal regulation of public control over ensuring the rights of convicts in Russia and Belarus. The review reveals the actual problems of normative regulation activities of public control subjects, as well as provides a comparative legal analysis of the regulatory framework of Russia and Belarus in this area.

Islamic Law in the jurisdiction of International Financial Centers: comparative legal analysis

2020 ◽  
Vol 7 (1) ◽  
pp. 78-85
Author(s):  
Anton B. Didikin
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Islamic Law ◽  
Model Development ◽  
Legal Regulation ◽  
Legal Environment ◽  
Legal Analysis ◽  
Legal Regime ◽  
Legal Doctrine ◽  
Flexible Instruments

The article analyzes the modern mechanisms and ways of adapting the Islamic law principles and norms to the regulation of financial relations. Taking into account the significance of fiqh as a legal doctrine that interprets religious prescriptions for law enforcement, the key features of the Islamic law institutions in the context of the Islamic economy model development are identified. The object of the comparative legal analysis in the article is the jurisdiction of international financial centers as territories with a special legal regime for conducting business. Its legal status is fixed in special legal acts, thus contributing to the formation of flexible instruments of legal regulation in view of the correlation with the norms of the national legal order. International financial centers are presented as an example of the formation of global legal institutions in Western countries as well as those in Southeast Asia and the Middle East. The author argues that Islamic financeas a way of adapting Islamic law principles to the regulation of business activitiesis a mandatory element of a legal environment for international financial centers.

scholarly journals Constitutional legal peculiarities of information censorship in social networks

2021 ◽  
pp. 86-98
Author(s):  
Aleksandr Aleksandrovich Maksimov
Keyword(s):  
Social Networks ◽  
Human Rights ◽  
Law Enforcement ◽  
The United States ◽  
Legal Regulation ◽  
The Internet ◽  
Political Rights ◽  
Legal Analysis ◽  
Legal Provisions ◽  
The Right

The subject of this article is the Russian and foreign legislative norms, materials of law enforcement practice, user policy agreements, scientific literature on the topic, and reports of the international organizations on human rights. The object of this research is the legal relations that regulate the existing mechanisms of information censorship on the Internet. The research contains a detailed historical-legal analysis of the mechanisms and principles of the implementation of regulation of the right to freedom of speech in the United States, with emphasis on the law enforcement practice. The author examines the latest Russian model of restrictions on the distribution of information, as well as the mechanism for preventing violations of the basic human rights and freedoms, which limits the possible impact on the exercise of political rights in the territory of the Russian Federation. The scientific novelty consists in the detailed analysis of previously unstudied aspects of restriction of information realized by the administration of social networks. In the course of this work, the author explores various approaches towards understanding the term censorship, as well as the constitutional legal peculiarities of information censorship on the Internet. The author proposes ways to develop legal provisions that regulate the exercise of rights in this sphere. The conclusion is made that on the need for development and legislative consolidation of the standards for user policy agreements, taking into account all available recommendations. The author makes proposals on improving the constitutional legal regulation of the right to information.

scholarly journals THE EVIDENCE OF ANONYMOUS WITNESSES IN CRIMINAL COURTS: NOW AND INTO THE FUTURE

2012 ◽  
Vol 21 (1) ◽  
pp. 67-92
Author(s):  
Alan George Ward
Keyword(s):  
Fair Trial ◽  
First Century ◽  
Criminal Courts ◽  
England And Wales ◽  
House Of Lords ◽  
The Government ◽  
The Right ◽  
Law Of Evidence ◽  
The Impact

Anonymous witness evidence, the use of which had quietly expanded in the early part of the twenty-first century in criminal courts in England and Wales, was significantly curtailed by the House of Lords in the case of R v Davis. Little over a month later the government had enacted legislation to minimise the impact of their Lordships’ ruling, yet the long-term future of this area of the criminal law of evidence remains undetermined. This article seeks to assess what impact the Criminal Evidence (Witness Anonymity) Act 2008 has had on the right to a fair trial in England and Wales and, subsequently, to weigh up the options for long-term reform in this area of the law. It will be submitted that the stated policy aim of the government, the protection of witnesses, can be achieved for the long-term without impeding or undermining the absolute right of the defendant to a fair trial.

Application of Statutes of Limitations to Islamic Banking: The Case of Malaysia

2020 ◽  
Vol 17 (1) ◽  
pp. 56-69
Author(s):  
Aishath Muneeza ◽  
Zakariya Mustapha
Keyword(s):  
Qualitative Research ◽  
Financial Institutions ◽  
Research Methodology ◽  
Islamic Law ◽  
Islamic Banking ◽  
Legal Action ◽  
Qualitative Research Methodology ◽  
The Right ◽  
Limitation Of Action ◽  
Insight Into

Limitations of action designate extent of time after an event, as set by statutes of limitations, within which legal action can be initiated by a party to a transaction. No event is actionable outside the designated time as same is rendered statute-barred. This study aims to provide an insight into application and significance of Limitations Act 1950 and Limitation Ordinance 1952 to Islamic banking matters in Malaysia as well as Shariah viewpoint on the issue of limitation of action. In conducting the study, a qualitative research methodology is employed where reported Islamic banking cases from 1983 to 2018 in Malaysia were reviewed and analysed to ascertain the application of those statutes of limitations to Islamic banking. Likewise, relevant provisions of the statutes as invoked in the cases were examined to determine possible legislative conflicts between the provisions and the rule of Islamic law in governing the right and limitation of action in Islamic banking cases under the law. The reviewed cases show the extent to which statutes of limitations were invoked in Malaysian courts in determining validity of Islamic banking matters. The limitation provisions so referred to are largely sections 6(1)(a) and 21(1) Limitations Act 1953 and section 19 Limitation Ordinance 1953, which do not conflict with Shariah viewpoint on the matter. This study will prove invaluable to financial institutions and their customers alike in promoting knowledge and creating awareness over actionable event in the course of their transactions.

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