scholarly journals HAK NARAPIDANA DALAM SISTEM PEMASYARAKATAN DITINJAU DARI PERSPEKTIF HAK ASASI MANUSIA

2018 ◽  
Author(s):  
Fransiska Novita Eleanora
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Point Of View ◽  
Human Being ◽  
System P ◽  
Correctional System ◽  
A Priority ◽  
The Government

Prisoners are persons who undergoing punishment for committed crimes. According to the verdict, a criminal shall be sentenced in prison. However, the rights of the prisoners are protected by the correctional system, and keep them as human being as a whole. They are rehabilitated, guided, and nurtured which the aims is to make them back to community after the sentencing is finished. From the point of view of human rights, are correctional system was made to protect the rights of criminal, where the criminal remains a priority for the government within the criminal justice system.

25. Criminal justice policies and practices

2021 ◽  
pp. 743-767
Author(s):  
Steve Case ◽  
Phil Johnson ◽  
David Manlow ◽  
Roger Smith ◽  
Kate Williams
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Government Policy ◽  
Justice System ◽  
The People ◽  
System P ◽  
The Media ◽  
The Government ◽  
Media Corporations ◽  
Policies And Practices

This chapter studies criminal justice policies, practices, and the people who work within the system. It begins by tracing the origins and influences of criminal justice policies. Criminal justice policies predominantly come from the government, but other organisations and individuals such as academics, the media, corporations, and lobbyists can influence them. The motivations behind these policy influencers may vary, but they all share the ultimate aim of ensuring that their preferred strategy is implemented in practice. The chapter then considers the significant impact that ‘penal populism’ can exert on policy, and how government policy is shaping the ways in which the ‘adversarial-lite’ principle is implemented. It assesses use of both of those policies in practice in the courtroom and the community to see how key principles can play out in reality. Finally, the chapter reflects on the effects of all the components upon the people who work in the criminal justice system.

Glimmers of hope: A report on the Philippine Criminal Justice System

2016 ◽  
Vol 98 (903) ◽  
pp. 845-849
Author(s):  
Roy Panti Valenzuela
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Public Trust ◽  
The Philippines ◽  
Criminal Cases ◽  
The Government ◽  
Population Urbanization

AbstractThere is a saying: “Justice delayed is justice denied.” The perception of a continuing failure of the Philippine criminal justice system to deliver fast and efficient justice has inevitably led to the erosion of public trust in the government. As a consequence, citizens are laden with anxiety because of unabated criminality and violence in their communities. The type of justice that leads to peace and prosperity continues to be elusive in the Philippines as the worsening scenario of jail congestion continues to manifest its malevolent implications for the human rights of prisoners. It appears that the culprit is an overwhelmed machinery of criminal justice that has not been able to keep pace with growing rates of population, urbanization and criminality. There is also an apparent imbalance in the justice structure where there are too few judges, prosecutors and public defence attorneys to process the cases filed by the numerous law enforcers who file criminal cases. This leads to bottlenecks in criminal justice procedures and has resulted, in not a few instances, in human rights crises in jails. However, emerging developments give some hope to Filipinos.

scholarly journals Penerapan Asas dan Norma Hak Asasi Manusia dalam Undang-Undang Pemberantasan Tindak Pidana Terorisme (The Application of Human Rights Principles and Norm in the Law on Combating Criminal Acts of Terrorism)

2020 ◽  
Vol 11 (1) ◽  
Author(s):  
Agus Suntoro
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Qualitative Method ◽  
Primary Data ◽  
Terror Attacks ◽  
Military Involvement ◽  
Democratic Rule ◽  
The Government

The upsurge of terror attacks in various regions of Indonesia in 2018, gave rise to the government and parliament effort to immediately revise Law No. 15 of 2003, which was considered inadequate in eradicating criminal acts of terrorism. The awareness of all parties involved ultimately accelerates the dynamics of the legislation process. Finally, on June 21, 2018 President Joko Widodo passed Law No. 5 of 2018 as a stronger basis in eradicating criminal acts of terrorism and seeking to proportionally protect human rights. Against those backgrounds, this study will look at (a) the legislation process in the formation of Law No. 5 of 2018, and (b) review of the practice of human rights principles and norms of Law No. 5 of 2018. This study uses a qualitative method, with descriptive normative presentation. Primary data sources are based on interviews with the Chairperson of the Working Committee of Bill on Terrorism, human rights activists, and government representatives. The results of this study indicate that legally in the legislation process Law No. 5 of 2018 fulfills the established procedures, but the principles and norms of human rights have not become the main reference in the formation of legal material, especially the issue of arrest, detention, the changing from material to formal offences, interception, and inconsistency of criminal justice system through military involvement. Based on this, we need to encourage a limited revision of Law No. 5 of 2018, so that the eradication of terrorism is stronger and human rights principles are respected, as an embodiment of a democratic rule of law. AbstrakPeningkatan aksi teror pada 2018, mendorong pemerintah dan DPR melakukan revisi terhadap UU No. 15 Tahun 2003 yang dinilai tidak cukup memadai dalam pemberantasan tindak pidana terorisme. Kesadaran semua pihak telah mempercepat proses legislasi dan pada 21 Juni 2018 Presiden Joko Widodo mengesahkan UU No. 5 Tahun 2018. UU hasil revisi ini diharapkan lebih memperkokoh dasar pemberantasan tindak pidana terorisme dan melindungi HAM secara lebih proposional. Bertitik tolak pada hal tersebut, kajian ini akan melihat proses legislasi dalam pembentukan UU No. 5 Tahun 2018 dan meninjau penerapan asas dan norma HAM dalam UU No. 5 Tahun 2018. Penelitian ini menggunakan metode kualitatif dengan penyajian deskriptif normatif. Sumber data primer diperoleh melalui wawancara dengan Ketua Panja RUU Terorisme, aktivis HAM, dan perwakilan pemerintah. Hasil kajian menunjukkan, secara legal formal, proses legislasi UU No. 5 Tahun 2018 memenuhi prosedur yang ditetapkan, namun dari aspek substansial masih belum sepenuhnya selaras dengan asas dan norma HAM, terutama persoalan penangkapan, penahanan, perubahan delik materiil menjadi formil, penyadapan, dan inkonsistensi criminal justice system melalui pelibatan militer. Berdasarkan hal tersebut, revisi terbatas terhadap UU No. 5 Tahun 2018 perlu dilakukan agar penegakan hukum pemberantasan terorisme lebih kuat dan HAM dijunjung tinggi sebagai perwujudan negara hukum demokratis.

scholarly journals Education Training and Human Rights of the Prisoners in Bangladesh

2018 ◽  
Vol 1 (2) ◽  
pp. 26-70
Author(s):  
M Abdul Hamid ◽  
Hosneara Begum
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
United Nations ◽  
Criminal Justice System ◽  
Justice System ◽  
Education And Training ◽  
Judicial System ◽  
Human Being ◽  
The United Nations ◽  
And Training

Every human being is entitled to the inherent rights of nature. They are entitled to possess these rights subject to the provisions of the law applied to the land. The concept of society is meaningless without the presence of these inherent rights of a human being. The term human rights are being collectively used to mean those legal claims which are related to mankind. And such type of universal rights of human beings grew in mankind from the very ancient time. These rights are so inherent that without these a man cannot think of living with due dignity. Human rights therefore represent minimal moral standards for human society. Every country has its own criminal justice delivery system under which certain acts or omission is regarded as crime and sufficient sanctioning measures are there. An individual who is charged with the commission of a crime is regarded as an accused. Accused who is arrested and forwarded for criminal trial is called a prisoner. A prisoner has the right to defend himself against the charges brought against him/her by every facility ensured by the law. Many efforts in international and in municipal arena as well are found for the promotion and protection of the rights of public in general and of the prisoners in particular. For this purpose some important and remarkable human rights instruments like the Universal Declaration of Human Rights, 1948, the International Covenant on Civil and Political Rights, 1966, the United Nations Standard Minimum Rules for the Treatment of Prisoners, 1957, the United Nations Draft Body of Principles for the Protection of All Persons Under Any form of Detention or Imprisonment, 1988 and in various domestic legislations. However, our present judicial system is surrounded by thousands of problems. Throughout the whole country paucity of courts or judges are common feature of our judicial system. Moreover, the unhygienic environment in the prisons caused by the overcrowding of prisoners need to be examined for the protection of the rights of the prisoners. Protection of the rights and interests of the prisoners as well as there psychological and economic assistance is vitally important for the fair implementation of criminal laws and also for gaining public confidence in criminal justice system. Therefore, this study seeks to explore those particular factors that impair the criminal justice system, which is essentially important for the protection of the rights of the prisoners. This study also seeks to correlate international and national protection of human rights which are applicable to the prisoners’ criminal proceedings in particular. The condition of the prisoners in the jail custody of Bangladesh has been set forth in detail and a comparison with the different international and domestic instruments are dealt with in this study. The purpose of this study is to show and examine the legal position of the prisoners and recognition of their rights including education and training of the prisoners within the purview of international as well as municipal law of Bangladesh. This study has also been reflected on human rights situation with regard to the prisoners in Bangladesh. Another issue is to be taken into consideration that, a human being of any age may commit crime. During the period when an accused or a convict remains within the walls of the prison cells usually can not take formal education of the land and there is a high apprehension that after his or her release he/she may be involved again in crime immediately. Therefore, if these persons can achieve necessary education and training during their stay in prison they can lead a better life after release from jail custody by utilizing those education and training in the remaining portion of their life in the society. This research work aims at focusing on the necessity and implication of education and training in the life of the prisoners of Bangladesh. In addition, this study finds out the facade of the real conditions of the prisoners through a number of case studies.

Cultural competence in criminal justice

2015 ◽  
Vol 23 (5) ◽  
pp. 39-42
Author(s):  
Angela Herbert MBE
Keyword(s):  
Criminal Justice ◽  
Cultural Competence ◽  
Criminal Justice System ◽  
Justice System ◽  
Chief Executive ◽  
Skills Training ◽  
Voluntary Organizations ◽  
Content Type ◽  
The Government ◽  
Minority Ethnic

Purpose – Considers the role of cultural competence in the criminal-justice system and the crucial role that can be played by the right kind of training. Design/methodology/approach – Argues that there are no quick solutions to disproportionality of black and minority ethnic people in the criminal-justice system but advances the view that while individuals are incarcerated, it is important for the organization and its staff to make provisions that will make a difference. Findings – Suggests that any training provision should be made subject to those industries that are likely to employ black minority ethnic (BME) people, and that offering skills in prison that do not reflect cultural attainment in industry would be setting individuals up to fail. Practical implications – Urges that awareness and training should be embraced throughout all organizations from government policymakers, chief executive officers, management board, operational staff and partners, voluntary organizations and the client or user. Social implications – Argues that commitment from the government and the prison service can result in the provision of the kinds of cultural-competence learning and skills training that can more appropriately meet the needs of, in particular, BME individuals who are frequently ill-equipped when they leave the judiciary system. Originality/value – Concludes that this support would also help to communicate and promote awareness of other people’s cultures, provide insight into their understanding of the organization’s culture while also enabling the public to understand the importance of implementing positive change.

Enforcing the Shari`ah in Nigeria

2009 ◽  
Vol 26 (3) ◽  
pp. 24-40
Author(s):  
Ogechi Anyanwu
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Muslim Women ◽  
Social Solidarity ◽  
Northern Nigeria ◽  
Natural Justice ◽  
The Law ◽  
Uncertain Future

The reemergence of the Shari`ah in northern Nigeria in 2000 is reshaping the Muslims’ criminal justice system in unintended ways. This article accounts for and provides fresh insights on how the fate of Muslim women under the Shari`ah intertwines with the uncertain future of the law in Nigeria. Using Emile Durkheim’s theory of conscience collective as an explanatory framework of analysis, I argue that the well-placed objective of using the Shari` ah to reaffirm or create social solidarity among Muslim Nigerians has been undermined by the unequal, harsher punishments and suppression of human rights perpetrated against Muslim women since 2000. A I show, not only does such discrimination violate the principle of natural justice upheld by Islam, but it also threatens to shrink, if not wipe out, the collective conscience of Nigerian Muslims that the law originally sought to advance.

24. Criminal justice institutions

2021 ◽  
pp. 719-741
Author(s):  
Steve Case ◽  
Phil Johnson ◽  
David Manlow ◽  
Roger Smith ◽  
Kate Williams
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Central Government ◽  
Separation Of Powers ◽  
Considerable Influence ◽  
Home Office ◽  
Governmental Agency ◽  
Independent Judiciary ◽  
The Government

This chapter explores the criminal justice institutions. In practice, the criminal justice system contains five distinct institutions that are responsible for delivering justice: the police, the Crown Prosecution Service (known as the CPS), the courts, probation providers, and prisons. Although they are all part of one overall system, each has different aims, roles, and challenges. Theoretically, the fact that these bodies are all accountable to the separation of powers concept should bring some unity in that it gives Parliament, the independent judiciary, and central government opportunities to shape the system to align with their version of justice. The government can exert considerable influence through the work of the Ministry of Justice or MoJ. The MoJ is currently the most important governmental agency in the criminal justice system, but the larger and more powerful Home Office is also involved to an extent, mainly with the police.

10. Race, ethnicities, and the criminal justice system

2021 ◽  
pp. 273-307
Author(s):  
Neena Samota
Keyword(s):  
Criminal Justice ◽  
Critical Race Theory ◽  
Criminal Justice System ◽  
Race And Ethnicity ◽  
Justice System ◽  
State Level ◽  
System P ◽  
The Us ◽  
History Of ◽  
The Uk

This chapter explores the broader context and history of race-related issues in the UK, considering why racial disparities persist in diverse societies like the US, Australia, Canada, and the UK, before narrowing the focus to race and ethnicity in the sphere of crime and criminal justice. The concepts of ‘race’ and ‘ethnicity’ have long played major roles in both classroom and broader societal discussions about crime, punishment, and justice, but they have arguably never been more present and visible than today. The chapter looks at the problems with the statistics available on race, ethnicity, and crime, noting the ways in which they may not tell the whole story, before considering the statistics themselves as the chapter discusses the relationships between ethnicity and victimisation and offending. It then moves on to how ethnic minorities experience the various elements of the criminal justice system and the disadvantages they often face, before outlining the attempts that have been made to address these disparities at a state level. Finally, the chapter discusses critical race theory, a key theory in modern criminological examinations of race and its relationship to crime and justice, which grew out of the US but has much broader value and relevance as a framework of analysis.

5. The criminal justice system

2019 ◽  
pp. 91-155
Author(s):  
Martin Partington
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Current System ◽  
Holistic Approach ◽  
Criminal Cases ◽  
System P ◽  
Social Theories ◽  
Sentencing Policy ◽  
Post Trial

This chapter focuses on the criminal justice system. It contains summaries of the different social theories that underpin both the criminal justice system and the fundamental principles relating to sentencing policy. The system is examined in three segments: pre-trial stages, trial stage, and post-trial stages. Each is discussed in turn. This chapter emphasizes the holistic approach by looking not only at what happens in courts, but also the police station and in post-trial contexts such as parole and criminal cases review. The place of the victim in the system is also considered. Particular emphasis is placed on how the current system is changing in the quest for improved efficiency.

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