scholarly journals Ensuring the independence of the judiciary through the prism of a balanced and consistent reform of the judiciary.

2021 ◽  
Vol 3 (3) ◽  
pp. 59-65
Author(s):  
Nataliya Yuzikova ◽  
Svitlana Khomiachenko
Keyword(s):  
Restorative Justice ◽  
Justice System ◽  
System Development ◽  
Judicial Reform ◽  
Sociological Research ◽  
Preventive Action ◽  
What Works ◽  
Political Relations ◽  
The Right ◽  
High Level

The article is devoted to the state of judicial reform in Ukraine. Some regularities of the judicial system development, problematic issues of its reforming are analyzed. The directions of further transformation of the judiciary on the basis of financial independence, professional staffing and trust are outlined. The results of sociological research, which form the basis of further judicial reforms, are presented. The importance of building trust in the court as a basis for independence is identified. It is concluded that further implementation of judicial reform should take place with the maximum participation of the judiciary in this process. Particular attention is paid to the origins and need for restorative justice as an alternative to juvenile justice. The study found that restorative justice is an effective and socially acceptable form of preventive action against juvenile delinquency. Judicial reform needs to be carried out on the basis of preserving what works effectively: preserving national traditions; introduction of innovative experience of the leading countries of the world with a high level of realization of the right to a fair and professional court. And most importantly, do not turn the justice system into a testing ground for risky, politically engaged judicial experiments. Overcoming the negative processes taking place in various spheres of state power, stabilizing economic and political relations, building respect and trust in all branches of government will contribute to the gradual realization of the independence of the judiciary.

scholarly journals RESTORATIVE JUSTICE SEBAGAI ALTERNATIF PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN DALAM RUMAH TANGGA

2009 ◽  
Vol 39 (2) ◽  
pp. 238
Author(s):  
Rena Yulia
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Violent Crime ◽  
Justice System ◽  
Legal Protection ◽  
The Right

AbstractThe victim of domestic violence had needed of protection concept thatdifferent with another victim of violent crime. Participation of victim haswant to give justice for all. It is, because punishment to offender brings theimpact for victim. Restorative justice is a concept in criminal justice systemwhich is participation victim with it. The present of criminal justice system isthe offender oriented. Victim has not position to considerate offenderpunishment. Only offender can get the right and the victim hopeless. In thedomestic violence, victim and offender have relationship. Because there area family. · So, probability they have some interest in economic and relation.When wife become a victim and husband as offender, his wife hasdependency economic from her husband. It means, if husband get a decisionfrom judge, his wife will be suffer. Domestic violence is different crime. So, itis necessQ/y to made some different concept. In this article, will discussedabout alternative of legal protection for victim of domestic violence incriminal justice system to protect the victim

scholarly journals OPTIMIZING RESTORATIVE JUSTICE PROGRAM FOR THE BEST INTEREST OF THE CHILDREN IN REFORMING JUVENILE JUSTICE SYSTEM IN UTAH

2019 ◽  
Vol 27 (2) ◽  
pp. 242
Author(s):  
Cekli S Pratiwi
Keyword(s):  
Juvenile Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Constitutional Rights ◽  
Legal Counsel ◽  
Best Interest ◽  
Justice Program ◽  
The Right ◽  
Special Protection

This study examine first, to what extent the fully restorative justice system could be implemented in the Utah’s JJS  and supported by the legislations so that the minor can enjoy a special protection while they still have the opportunity to participate actively with accountability in solving the problem  without destroy their freedom and dignity and can bring more benefit to their best interest. Second, to what extent the right to legal counsel could help the minor to enjoy their constitutional rights as well as to seek a better solution of their problem. The research done by observing the review hearing, pre-trial, petition, trial at the Fourth Judicial District Courthouse Provo and the detention hearing at Slate Canyon Youth Center. The data is also collected from various secondary resources such as the Utah Statutes, the international and regional instruments. There is an opportunity for the JJS Utah county to shift from applying the partly to the fully RJP specially for truancy or misdemeanor cases and the right to access public defender should be automatically granted to the minors.

scholarly journals Reconstruction of the Diversion Concept in a Child Criminal Jurisdiction System Based on Dignified Justice

2021 ◽  
Vol 5 (1) ◽  
pp. 104-112
Author(s):  
I Nyoman DIPA RUDIANA ◽  
I Ketut RAI SETIABUDHI
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Retributive Justice ◽  
Legal Certainty ◽  
Criminal Jurisdiction ◽  
The Law ◽  
The Right ◽  
Sense Of Justice

The renewal of the orientation of punishment for children in conflict with the law from a retributive justice approach to restorative justice is a good start for efforts to restore a victim-oriented situation by giving the perpetrator the opportunity to express his regret to the victim with the concept of diversion. However, not all cases of children are entitled to diversion. In accordance with Article 7 paragraph (2) of the SPPA Law, the requirement for diversion is a criminal act punishable by imprisonment of under 7 (seven) years and not a repetition of a criminal act. Meanwhile, criminal acts that are punishable by more than 7 (seven) years and repetition of criminal acts are not entitled to diversion. The concept of diversion and the terms of diversion are interpreted very narrowly so that they do not reflect dignified justice. The law cannot only regulate legal certainty. The law must provide a sense of justice with dignity and justice that humanize humans. This writing aims to determine the concept of diversion of the juvenile criminal justice system based on dignified justice. The type of research used is literature, the nature of this research is descriptive, the results of the research are the reconstruction of the concept of diversion based on dignified justice must be reconstructed by expanding the concept of diversion so that every child without exception has the right to get diversion.

scholarly journals THE ROLE AND PLACE OF ADVOCACY IN THE STATE

2020 ◽  
Keyword(s):  
Justice System ◽  
Fair Trial ◽  
The State ◽  
Professional Organization ◽  
Criminal Prosecution ◽  
Legal Assistance ◽  
Main Research ◽  
The Right ◽  
High Level

Introduction. The article is devoted to the issue of determining the role and place of the bar in the state. The urgency of this issue was a consequence of the adoption in June 2016 of the Law of Ukraine "On Amendments to the Constitution of Ukraine (regarding justice)" of 02.06.2016 № 1401-VIII. Summary of the main research results. According to which the Constitution of Ukraine was supplemented by Article 131-2, which stipulates that the bar operates in Ukraine to provide professional legal assistance, and only a lawyer represents another person in court, as well as protection from criminal charges, except in certain cases. Thus, the bar, together with the prosecutor's office, was included in the justice system. Thus, the bar becomes one of the key elements of the justice system in Ukraine, as the most important constitutional function of the bar is to ensure the right to protection from criminal prosecution and representation of individuals and legal entities in court. By delegating the relevant function of the bar, the state must ensure a high level of professional legal assistance provided by lawyers, which, in turn, has a significant impact on the quality of justice and the exercise of the right to a fair trial. By delegating the relevant function of the bar, the state must ensure a high level of professional legal assistance provided by lawyers, which, in turn, has a significant impact on the quality of justice and the exercise of the right to a fair trial. At the same time, the Constitution of Ukraine provides for the independence of the bar, and the current Law of Ukraine "On Advocacy and Advocacy" generally indicates that the Bar of Ukraine is a non-governmental self-governing institution. Conclusions. The Ukrainian Bar is a professional public association. The National Bar Association of Ukraine is recognized as a non-governmental non-profit professional organization. In turn, the bar is endowed with public law functions, and the inclusion of non-state actors in the system of public power is designed to create an effective mechanism of public control over the activities of the state.

scholarly journals Aplikasi web promosi kuliner dan rumah makan online

2017 ◽  
Vol 8 (1) ◽  
pp. 25-34
Author(s):  
Khairus Suhada ◽  
Danuri Danuri ◽  
Fajri Profesio Putra
Keyword(s):  
Life Cycle ◽  
Information Search ◽  
Web Application ◽  
Data Flow ◽  
System Development ◽  
Flow Diagram ◽  
Technological Advances ◽  
Development Life Cycle ◽  
The Right ◽  
High Level

Abstrak- Kemajuan teknologi mendorong pertumbuhan dan perkembangan sektor perdagangan, usaha dan pemasaran. Tingginya tingkat keberhasilan dalam perdagangan didorong oleh berbagai faktor pendukung termasuk promosi dan periklanan. Melalui promosi dan periklanan yang tepat, perdagangan dibidang kuliner dapat tumbuh dengan baik. Memanfaatkan teknologi melalui aplikasi promosi kuliner dan rumah makan secara online dapat menjadi media promosi yang tepat. Aplikasi Web Promosi Kuliner dan Rumah Makan Online dibangun menggunakan metode System Development Life Cycle(SDLC). Perancangan sistem menggunakan Konteks diagram dan Data Flow Diagram (DFD) dan diterapkan menggunakan bahasa pemrograman PHP serta database MySQL. Aplikasi memberikan fasilitas berupa pencarian informasi seperti harga menu, alamat rumah makan, lokasi rumah makan serta kontak rumah makan. Fasilitas unggulan berupa fitur peta lokasi rumah makan yang terhubung dengan google map. Kata kunci: aplikasi web, promosi kuliner dan rumah makan, google map Abstract- Technological advances promote the growth and development of the trade, business and marketing sector. The high level of success in trading is driven by various supporting factors including promotion and advertising. Through proper promotion and advertising, culinary trade can grow well. Utilizing technology through culinary promotion apps and restaurants online can be the right promotional media. Web Application Culinary Promotion and Online Restaurant is built using System Development Life Cycle (SDLC) method. System design using Context diagrams and Data Flow Diagrams (DFD) and applied using PHP programming language as well as MySQL database. Application provides facilities in the form of information search such as menu price, restaurant address, restaurant location and restaurant contact. Excellent facility in the form of map location map of restaurant that connected with google map. Keywords: web application, Culinary and restaurant promotion, google map .

Legal Foundations

2020 ◽  
pp. 37-60
Author(s):  
Arzoo Osanloo
Keyword(s):  
Criminal Justice ◽  
Gender Roles ◽  
Restorative Justice ◽  
Justice System ◽  
Residual Effects ◽  
Life And Death ◽  
Penal Codes ◽  
Legal Foundations ◽  
The Right ◽  
Customary Practices

This chapter discusses the foundational aspects of Iran's victim-centered justice system. Iran's criminal justice system allows a privileging of victims' rights over those of the state, even as the state's delegation of the right of life and death both legitimizes the system and makes the plaintiffs complicit in that system. It is, above all, a victim-centered system. The revised penal codes demand that judicial officials seek to reconcile and mediate between the parties, while also allowing them time to determine the conditions of their forbearance. One of the residual effects of customary practices on the codified system is the greater entrenchment of gender roles and the explicit concern with honor. Another trace of the orfi system, however, is that parties are not limited to seeking damages prescribed in the laws. The mechanisms for forging resolution are similarly unconstrained. In the context of resolving the dispute, there is a permeability of the border between judicial and extrajudicial remedies. The laws provide for, even prescribe, extrajudicial processes to unfold in the name of restorative justice, and directly charge judicial officials to seek as much through mediation and reconciliation.

Conflict Resolution Interventions and Tertiary Violence Prevention Among Urban Nonintimate Adults: A Review of the Literature

2020 ◽  
pp. 152483802091867
Author(s):  
Caroline Harmon-Darrow
Keyword(s):  
Conflict Resolution ◽  
Violence Prevention ◽  
Restorative Justice ◽  
Community Violence ◽  
Justice System ◽  
Outcome Data ◽  
Gun Violence ◽  
Criminal Recidivism ◽  
Face To Face ◽  
What Works

Several hundred U.S. conflict resolution and restorative justice programs are addressing community violence using neutral facilitation to help people in conflict, or those who have experienced a crime, to talk things out face-to-face and come up with self-determined solutions. Very little quantitative intervention research has been conducted on the capacity of these programs to reduce violence, violent crime, and criminal recidivism. The scientific literature pertaining to the association of conflict resolution interventions with violence prevention are identified, screened, and sorted. Study design, sampling, measurement, and analyses are assessed using objective standards. Individual criminal recidivism outcomes and neighborhood gun violence rates are charted. In the 10 included studies, disparate conflict resolution and restorative justice interventions each appears to be related to modest reductions in individual criminal recidivism for participants, when compared with standard criminal justice system treatment. Conflict interruption interventions show a decrease in neighborhood gun violence in most districts. Future studies of conflict resolution and violence should mitigate selection bias, control for possibly confounding factors, operationalize all intervention components, select the correct units of analyses, and link “what works” outcome data to “how it works” intervention data. Four key gaps include measuring self-reported violence, including victimization, studying adults, and examining “upstream” interventions.

Victim Participation in Parole Proceedings in South Africa

2019 ◽  
Vol 34 (1) ◽  
Author(s):  
Jamil Mujuzi
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
South African ◽  
Justice System ◽  
Criminal Procedure ◽  
Prison Inmate ◽  
Parole Board ◽  
Victims Of Crime ◽  
The Right

South African law provides for circumstances in which victims of crime may participate in the criminal justice system at the investigation, prosecution (trial), sentencing and parole stages. In South Africa, a prison inmate has no right to parole although the courts have held that they have a right to be considered for parole. In some cases, the victims of crime have a right to make submissions to the Parole Board about whether the offender should be released on parole. Section 299A of the Criminal Procedure Act 51 of 1977 provides for the right of victims of crime to participate in parole proceedings. The purpose of this article is to discuss section 299A and illustrate ways in which victims of crime participate in the parole process. The author also recommends ways in which victims’ rights in section 299A of the Criminal Procedure Act could be strengthened.

RESTORATIVE JUSTICE WITH YOUTH SEX OFFENDERS: ISSUES FOR PRACTICE

2017 ◽  
Vol 26 (2) ◽  
pp. 241-259
Author(s):  
Thulane Gxubane
Keyword(s):  
Sex Offenders ◽  
Restorative Justice ◽  
South African ◽  
Justice System ◽  
Work Practice ◽  
Social Work Practice ◽  
Youth Offenders ◽  
African Child ◽  
Doctoral Study ◽  
South African Child

The South African child justice system has adopted the philosophy of restorative justice in the management of child and youth offenders in general as reflected in the preamble of the Child Justice Act 75 of 2008. Whilst restorative justice has been easily applied to less serious youth crimes generally, there seems to be some reservations regarding its appropriateness to dealing with youth sex offenders. This article looks at restorative justice approach within the context of diversion and seeks to highlight practice issues that need to be considered with regard to the application of the aforementioned approach in dealing with youth sex offenders. The article draws from the findings of a Doctoral study that the author conducted which explored this area of social work practice.

Prospects for the Implementation of Special Conciliation Procedures in the Russian Criminal Process

2020 ◽  
Vol 9 ◽  
pp. 99-104
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Traditional System ◽  
Common Features ◽  
Legal Method

In the 21st century, the concept of restorative justice has become widespread in criminal proceedings. The introduction of special compromise procedures into the criminal process allows for the restoration of the rights of the victim and reduces the level of repression in the criminal justice system. The traditional system of punishment is considered ineffective, not conducive to the purpose of compensating for harm caused by the crime. Restorative justice enables the accused to compensate for the harm caused by the crime and is oriented not towards their social isolation, but towards further positive socialization. The introduction of the ideas of restorative justice into the Russian criminal process requires the introduction of special conciliation procedures. The purpose of the article is to reveal promising directions for introducing special conciliation procedures into the Russian criminal process. The use of the formal legal method provided an analysis of the norms of criminal procedure legislation and the practice of its application. Comparative legal analysis revealed common features in the development of models of restorative justice in modern states. Conclusions. The introduction of conciliation procedures into the Russian criminal process is in line with the concept of its humanization and reduction of the level of criminal repression. The consolidation of the mediator»s procedural status and the mediation procedure in the criminal procedure legislation will make it possible to put into practice the elements of restorative justice.

Sign in / Sign up

Export Citation Format

Share Document