Negotiating for Justice: Judge's Perception of the Plea-Bargaining Process in Malaysia

2019 ◽  
Vol 7 (1) ◽  
pp. 27-32
Author(s):  
Zaiton Hamin ◽  
Ahmad Ridhwan Abd Rani
Keyword(s):  
Qualitative Methodology ◽  
Secondary Data ◽  
Plea Bargaining ◽  
Jel Classification ◽  
Primary Data ◽  
Structured Interviews ◽  
Plea Bargain ◽  
Bargaining Process ◽  
The Law

Objective - This paper aims to examine the role of judges and the reality of the plea-bargaining process from the perspective of the judiciary, focusing primarily on their perceptions on the new law and their role and the problems facing them in implementing the law. Methodology/Technique - This paper adopts a qualitative methodology, in which the primary data is obtained from semi-structured interviews with 20 respondents comprising of the stakeholders in the criminal justice system. The secondary data is obtained from analysing the CPC and other library-based sources. Findings - The research reveals that judges are facing some problems derived from the law itself which makes the new plea-bargaining process unappealing to them. Consequently, judges have invented their solutions either by reverting to the old practice or imposing on the parties their terms in disposing of the case through judge-prompted plea-bargain. Novelty - This paper is significant in providing some evidence of the procedural difficulties faced by judges in hearing plea-bargaining application at the pre-trial stage. Type of Paper - Review Keywords: Criminal Procedure; Judiciary; Pre-trial Stage; Plea-Bargaining Process; Plea of Guilty. JEL Classification: K40, K49

scholarly journals Sticking to the Old Ways in the Plea-Bargaining Process: Some evidence from Malaysia

2020 ◽  
Vol 5 (SI1) ◽  
pp. 225-230
Author(s):  
Zaiton Hamin ◽  
Mohd Bahrin Othman ◽  
Ahmad Ridhwan Abd Rani
Keyword(s):  
Qualitative Methodology ◽  
Publishing House ◽  
Secondary Data ◽  
Criminal Procedure ◽  
Plea Bargaining ◽  
Primary Data ◽  
Criminal Cases ◽  
Bargaining Process ◽  
International Publishing ◽  
The Law

In Malaysia, the plea-bargaining process was formalized in 2010 with the amendment to the Criminal Procedure Code 1976, which was intended to reduce the number of criminal cases that could be resolved at the pre-trial stage. However, the law in action does not appear to be in line with the law in the statute book. Hence, this paper aims at examining the reality of the plea-bargaining process and the extent of the applications in Malaysia. This paper adopts a qualitative methodology, of which the primary data is obtained from semi-structured while the secondary data obtained from library-based sources.    Keywords: Plea-Bargaining Process; Criminal Procedure; Prosecutor; Defence Counsel.    eISSN: 2398-4287 © 2020. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia.   DOI: https://doi.org/10.21834/ebpj.v5iSI1.2324

scholarly journals The role of Sukuk in achieving sustainable development: Evidence from the Islamic Development Bank

2020 ◽  
Vol 15 (4) ◽  
pp. 36-48
Author(s):  
Hanan Al Madani ◽  
Khaled O. Alotaibi ◽  
Salah Alhammadi
Keyword(s):  
Sustainable Development ◽  
Qualitative Methodology ◽  
Islamic Law ◽  
Secondary Data ◽  
Well Being ◽  
Annual Reports ◽  
Primary Data ◽  
Development Bank ◽  
Structured Interviews

The purpose of this study is to examine the compliance of Islamic Development Bank (IDB) Sukuk with Maqasid Al-Shari’ah (objectives of Islamic law) in relation to human development and well-being. The paper provides a theoretical model explaining how Sukuk can achieve Maqasid Al-Shari’ah by assessing the role of Sukuk in the circulation, development, and preservation of wealth to attain social justice. This study employs a qualitative methodology using an empirical case study. The primary data are collected through elite semi-structured interviews. The secondary data are obtained using a content analysis method from Sukuk’s Principle Terms and Conditions, Information Memorandum and IDB’s annual reports for the period 2007–2017 to explain the structures and features of the Sukuk and examine their compliance with the developed model. The findings indicate that the Medium Term Note (MTN) Sukuk program positively serves the elements of hifth al-mal (safeguarding wealth), showing a direct relationship between the shift of wealth among parties and the compliance of Maqasid Al-Shari’ah. This implies that the investments made by Sukuk would benefit everyone, including individuals, institutions, societies, and the whole country, to achieve human well-being and sustainable development. Nonetheless, the analysis suggests that Shari’ah supervisory boards need to focus more on the substance when structuring Sukuk to help Islamic finance benefit in terms of moving towards the achievement of Maqasid Al-Shari’ah.

scholarly journals THE ROLE OF MARTIAL COURT IN THE PERSPECTIVE OF LAW ENFORCEMENT IN INDONESIA

2021 ◽  
Vol 6 (22) ◽  
pp. 66-73
Author(s):  
Mahfutt Mahfutt ◽  
Khairil Anwar ◽  
Billi Belladona Matindas
Keyword(s):  
Secondary Data ◽  
Armed Forces ◽  
Primary Data ◽  
Court System ◽  
Criminal Offenses ◽  
The Law ◽  
Law And Justice ◽  
The Republic ◽  
The Military

The position of the Military Court is a body that executes the judicial power in the circle of the Indonesian National Armed Forces to enforce the law and justice with due observance of the interest in the state defense and safety. The Military Court is authorized to try the crimes committed by someone who when committing such crime is a soldier of the Indonesian National Armed Forces, a member of a group or office or body or equal to a soldier pursuant to the Law and someone is not included in the said group as set forth in the Law Number 31 of 1997 on Military Court. Following the reform of 1988, the existence of the Military Court is developed by some activists and the public that observe the Military Court, insisting the Parliament of the Republic of Indonesia to revise Law Number 31 of 1997 on Military Court, with the focus point for a soldier of the Indonesian National Armed Forces who commits a general crime to be tried in the General Court with the reason that the Military Court practice is closed in nature, and another reason is the equalization of rights before the law. The method used in this research is the normative law research that is carried out to obtain the necessary data relating to the problem. The data used is secondary data consisting of primary law materials, secondary law materials, and tertiary law materials. In addition, primary data is also used as the support of the secondary data law materials. The data is analyzed by the qualitative juridical analysis method. The results of the research show that the Military Court is one of the mechanisms that are always tried to be maintained. The outcome from the research discovers that the role of the Martial Court in Indonesia remains effective, fair, and democratic to this date realistically marked by fair punishment within the jurisdiction offended, which corresponds to the need of TNI institution in the aspects of Culture, Benefit, Assurance, and Fairness. It is recommended that the RI Government continuously develop and improve the same by maintaining the role of the Martial Court in punishing criminal offenses committed by military members on the Martial Court system currently in force.

Peran Guru Anak Usia Dini Dalam Pengenalan Bahasa Inggris Dasar di PAUD

2021 ◽  
Vol 5 (2) ◽  
pp. 21-35
Author(s):  
Taranindya Zulhi Amalia
Keyword(s):  
Early Childhood ◽  
Early Childhood Education ◽  
Early Childhood Teachers ◽  
Field Research ◽  
Secondary Data ◽  
Primary Data ◽  
Structured Interviews ◽  
Childhood Education ◽  
Basic English

Abstrak: Guru PAUD memiliki beragam peran seperti guru pada umumnya.  Namun pembedanya tampak pada peran guru PAUD yang bertugas mengembangkan beragam kemampuan dasar anak untuk menggali potensi anak sejak dini.  Kemampuan dasar bahasa asing pada usia ini dimulai dari pengenalan bahasa Inggris secara mendasar yakni melalui kosakata sederhana. Tujuan penelitian ini untuk: 1) mengetahui pengenalan bahasa Inggris dasar dan 2) peran guru anak usia dini dalam pengenalan bahasa Inggris RA/PAUD. Dengan menggunakan jenis penelitian lapangan serta pendekatan deskriptif kualitatif peneliti menentukan Sumber data primer nya adalah kepala RA/PAUD, sie kurikulum, serta wali peserta didik. Sedangkan sumber data sekunder adalah referensi yang relevan dengan pengenalan bahasa Inggris, peran guru, dan PAUD. Kemudian Data diperoleh melalui teknik observasi partisipatif wawancara semi terstruktur dan dokumentasi uji keabsahan data menggunakan uji credibility, transferability dan confirmability melalui reduction, display data dan conclusion drawing.Hasil yang diperoleh adalah pengenalan bahasa Inggris dasar di RA/PAUD dilakukan setiap hari menyatu dengan pembelajaran tema-tema dan sub tema dalam muatan kurikulumnya berbentuk kosakata harian dan sapaan peran guru anak usia dini dalam pengenalan bahasa Inggris dasar sangat bervariasi. Guru memiliki multi peran dalam satu waktu. Peran-peran tersebut adalah sebagai educator, mediator, observer, facilitator, motivator, administrator, dan composer. KataKunci: peran guru PAUD, pengenalan bahasa Inggris, PAUD     Abstract: Early Childhood Education (PAUD) teachers have various roles like teachers in general. But the difference is seen in their roles tasked with developing a variety of children's basic abilities to explore children's potential from an early age. The basic ability of foreign languages ​​at this age starts from the basic introduction of English through simple vocabulary. The purpose of this study is to: 1) determine the introduction of basic English and 2) the roles of early childhood teachers in the introduction of English in this level. By using the type of field research and the qualitative descriptive approach, the researcher determines that the primary data source is the head of the RA, curriculum courses, and guardians of students. While secondary data sources are relevant references to the introduction of English, the role of teachers, and PAUD. Then the data obtained through participatory observation techniques semi-structured interviews and documentation of data validity test using the test of credibility, transferability and confirmability through reduction, display data and conclusion drawing.The results obtained are the introduction of basic English in RA done every day together with the learning of themes and sub themes in the curriculum content in the form of daily vocabulary and the greeting of the role of early childhood teachers in the introduction of basic English varies greatly. The teacher has multiple roles at one time. These roles are as educator, mediator, observer, facilitator, motivator, administrator, and composer.   Keywords: the role of PAUD teachers, introduction to English, early childhood education

scholarly journals Tugas Dan Fungsi Balai Harta Peninggalan Semarang Sebagai Kurator Kepailitan Berdasarkan Undang-Undang Nomor 37 Tahun 2004 Tentang Kepailitan Dan Penundaan Kewajiban Pembayaran Utang

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Moh Kurniawan
Keyword(s):  
Human Resources ◽  
Secondary Data ◽  
Empirical Approach ◽  
Primary Data ◽  
Not Given ◽  
The Law

Abstrak�Peran dari Balai Harta Peninggalan berkurang, sejak munculnya kurator swasta, apalagi Pengadilan Niaga berdasarkan permintaan debitor atau kreditor cenderung menggunakan kurator swasta dari pada menggunakan Balai Harta Peninggalan yang ada, dan dalam praktek pun Balai Harta Peninggalan kurang mendapatkan perhatian. Hal ini dikarenakan ada anggapan bahwa Balai Harta Peninggalan lamban dalam menjalankan tugasnya dan sumber daya manusianya yang kurang jika di bandingkan dengan kurator swasta.Tujuan penelitian yang ingin dicapai dari penelitian ini adalah Untuk mengetahui tugas dan fungsi Balai Harta Peninggalan Semarang sebagai kurator Kepailitan berdasarkan Undang-Undang Nomor 37 Tahun 2004 tentang Kepailitan dan Penundaan Kewajiban Pembayaran Utang.dan mengetahui eksistensi Balai Harta Peninggalan Semarang sebagai kurator kepailitan setelah adanya kurator swastaPenelitian ini menggunakan metode pendekatan metode pendekatan yuridis sosiologis tidak hanya ditinjau dari kaidah hukum saja, tetapi juga berusaha untuk menelaah keterkaitan antara faktor yuridis dengan faktor sosiologis. Faktor yuridis dalam penelitian ini adalah Undang-Undang Nomor 37 Tahun 2004, sedangkan faktor sosiologisnya adalah mengetahui pelaksanaan undang-undang tersebut dalam hal tugas dan fungsi Balai Harta Peninggalan dalam melakukan pengurusan dan pemberesan harta pailit debiturDari data-data yang berhasil dikumpulkan dalam penulisan ini, baik data primer maupun data sekunder didapatkan hasil penelitian bahwa tugas kurator tidaklah mudah. Tugas kurator adalah melaksanakan pengurusan dan pemberesan harta pailit. Eksistensi Balai Harta Peninggalan dibandingkan dengan kurator swasta menunjukkan penurunan eksistensi sebagai kurator yang disebabkan oleh berbagai faktor.Kata kunci : BHP, Tugas, EksistensiAbstractThe role of Probate Court (BHP) has decreased since the presence of private receivers. Moreover, Pengadilan Niaga (Trade Court), according to debtors and creditors� demands prefers private receivers to Probate Court, and in fact, Probate Court gets less attention. It is caused by an opinion that Probate Court clumsily runs its duty and that its human resources are not enough compared with the private receivers.The goals of the research are to understand and to analyze the responsibility of Probate Court as a receiver after the validity of law No. 37 2004 of bankruptcy and the obstacles faced by Probate Court in management and settlement of bankruptcy. Existence with currator non goverment.The research applies methods of juridical-empirical approach, an approach that uses secondary data in advance and followed by primary data in field that will be used to answer the emerged problems.A research says: in the context of bankruptcy, the responsibility for failures and mistakes done by Probate Court is regulated in Article 72 of law No. 37 2004 of bankruptcy which has not given the law certainty as there is no definite punishments. Therefore, the receiver�s responsibility for failures and or mistakes can be different in form and is adjusted with the level of mistakes and loss.Probate Court as a receiver has full responsibilities for making up loss caused by their neglects and or mistakes, based on article 80 Stbl 1872 No. 166 of Instruction for Probate Court in Indonesia.Probate Court in running its duty and authority as a receiver finds some obstacles such as: bureaucracy, juridical, administration, and human resources.Key words: BHP, Assigment, Existence.

scholarly journals The governance of collaboration in complex projects

2018 ◽  
Vol 38 (4) ◽  
pp. 997-1019 ◽  
Author(s):  
Mehmet Chakkol ◽  
Kostas Selviaridis ◽  
Max Finne
Keyword(s):  
Design Methodology ◽  
Secondary Data ◽  
Primary Data ◽  
Structured Interviews ◽  
Relational Governance ◽  
Content Type ◽  
Collaborative Practices ◽  
Complex Projects ◽  
Standard Sets

Purpose Inter-organisational collaboration is becoming increasingly important in complex projects; some project customers even formally require evidence of collaborative competence from potential providers. The purpose of this paper is to explore the governance of collaboration and the ways in which it is enacted in practice for complex projects. Design/methodology/approach The study is based on a qualitative analysis of 29 semi-structured interviews, primary data from meetings and events supported by secondary data, including standards and industry-specific contract templates. Findings The paper identifies how collaboration can be effectively governed in complex projects through the emerging role of the collaboration standard and its impact on contractual and relational governance mechanisms. The standard sets higher-level institutional guidelines that affect the way in which collaboration is governed in complex projects. It helps formalise informal relational practices whilst also providing guidelines for building flexibility in contracts by including coordination- and adaptation-oriented provisions conducive to collaboration. Originality/value The paper demonstrates the emerging role of the collaboration standard and its influence on contractual and relational mechanisms deployed in complex projects. It shows how the standard can formalise and codify informal collaborative practices and help transfer related learning across projects, thereby contributing towards the dual requirement for standardisation and flexibility in project settings.

scholarly journals PERANAN KEPOLISIAN RESOR BUKITTINGGI DALAM PENANGGULANGAN TINDAK PIDANA PENCABULAN TERHADAP ANAK

2018 ◽  
Vol 1 (1) ◽  
pp. 53-60
Author(s):  
Jefrizal Jefri
Keyword(s):  
Field Study ◽  
Crime Prevention ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Primary Data ◽  
Research Results ◽  
The Law

Passage 81 and 82 of Law Number 35 Year 2014 about The Changing of the Law Number 23 Year 2002 regulate about sanction to the agent of violence. The Law underlines to give effect and push the concrete steps in maintenance physic, psychic, and social of children. The violence is bad action. Children often become victims of this violence.The problems in this study are: First, how is the role of Bukittinggi Resort Police in crime prevention to children? Second, what are the obstacles faced by Bukittinggi Resort Police in crime prevention to children and how to solve it? The specification of this research is descriptive analytic. The method uses in this research is the normative and juridical empiric method. The techniques of collecting data uses are field study by interviewing for the primary data and library study for the secondary data. Then, the data analyzed qualitatively in descriptive analysis form. From the research results obtained several conclusions: First, role of Bukittinggi Resort Police in crime prevention to children done through preventive and repressive efforts. The preventive through socialization to pupils, parents and schools.Therefore, the repressive efforts by prohibition effort and investigation.The prohibition of crime prevention to children by socialite.The efforts of investigation suitable by police such as investigation, etc. Second, the obstacles faced by Bukittinggi Resort Police in crime prevention to children is lack of enthusiasm children, societies and teachers and development of technology and information. Others, the obstacles in investigation are unwished of victim to report, difficult to evidence, there are so many requirements should be done and limitation of investigation fund. The efforts to solve the problems are socialite, increase investigation, socialite regulation of ITE, coordination of many sides and increasing of fund.

scholarly journals TANGGUNG JAWAB CAMAT SEBAGAI PPAT SEMENTARA DALAM HAL MENANDATANGANI AKTA JUAL BELI (CONTOH KASUS NOMOR PUTUSAN 44/PDT.G/2014/PN KWG)

2019 ◽  
Vol 1 (2) ◽  
pp. 850
Author(s):  
Napoleon Tampubolon ◽  
Gunawan Djajaputra
Keyword(s):  
Secondary Data ◽  
Legal Responsibility ◽  
Primary Data ◽  
Legal Research ◽  
Scientific Methods ◽  
Occupational Regulation ◽  
The Law

The research on the Subdistrict Head's responsibilities as PPAT Temporary aims to know and understand the problems related to legal responsibility if there is an error in making land certificates by the Subdistrict Head as Temporary PPAT and the role of Subdistrict Head who is appointed as Temporary PPAT in the practice of making land deeds in Cibuaya District karawang. This research is normative legal research, namely this research uses scientific methods and interviews with related parties. The data used are primary data, namely regulatory regulations relating to the Occupational Regulation of the Land Deed Maker Officer and secondary data, namely textbooks relating to the Land Deed Maker Officer. In this study the specifications used are prescriptive in nature which are intended to provide prescriptions based on arguments that have been built in conclusions. Head of Subdistrict as PPAT While from Cibuaya Subdistrict, Karawang regency is still making irregularities towards the preparation, manufacture and registration of the deed. The legal responsibility of the mistake made by the Subdistrict Head as a Temporary PPAT in making the land deed is not in accordance with the existing regulations, namely not subject to penalty sanctions in the form of compensation but a decision of the Article of Action Against the Law is imposed.

“Are the new proposals for reform of directors’ disqualification requirements in the UK sufficient or cosmetic?”

2016 ◽  
Vol 58 (4) ◽  
pp. 372-390
Author(s):  
Norman Mugarura
Keyword(s):  
Corporate Governance ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Due Diligence ◽  
Structured Interviews ◽  
Content Type ◽  
Regulatory Regimes ◽  
The Law ◽  
The Uk

Purpose The paper aims to examine the circumstances in which directors who fail to perform their duties and responsibilities with due diligence can be sanctioned and to evaluate whether the recent changes for reform both in the UK and European Union (EU) are adequate to deter directors from misfeasance or to cure defects in the law. The purpose of this paper is to articulate regulatory regimes for disqualification of corporate directors and the proposed changes to tighten loose ends in this area of commercial law. This paper articulates the duties and responsibilities of Corporate Officer and the varied context in which they are manifested in the UK. Owing to the onerous nature of corporate directorship, directors cannot passively sit in boardrooms or on their committees, but they need to demonstrate that they are hands on to get things done as expected. The first part of the paper articulates the current regimes on director’s disqualification so that it is used as a basis to examine the efficacy of the proposed changes for reform both on this area in the UK and Europe. The second part of the paper examines the proposed reform for change both in UK and in Europe and their efficacy to plug in law and practice. This area of corporate law is increasingly regulated by a number of agencies to ensure that directors perform their duties and responsibilities with due diligence. Design/methodology/approach The paper is structured in two parts whereby the first part examines the framework for disqualification of corporate directors and related issues in the UK. The second part articulates recent changes in the law on director’s disqualification with a view to evaluate whether these changes are robust enough to enhance the position of shareholders to ensure the company is well-managed for their interests or whether overregulation is inimical to the company by hindering directors from executing their corporate responsibilities with a measure of discretion. Findings The findings reflect that regulatory reforms should be evolved and implemented to strike a balance in ensuring that regulatory regimes are implemented not to penalise corporate directors unnecessarily but also to ensure that rules are respected. The paper urges caution because overregulation can inhibit corporate director from taking necessary risks (to be more guarded) to secure their positions. Research limitations/implications The paper was written on the basis of secondary and primary data sources often also alluding to empirical cases studies. It would have been better to carry out structured interviews to corroborate some of the findings of the paper. Practical implications Corporate governance is an onerous task, and thus, it requires corporate officers to exercise due diligence in execution of their duties and responsibilities. Getting the issue of corporate governance wrong often has ramifications for the company and respective corporate officers. These ramifications include not least penalising individual directors by disqualification from holding corporate directorship or the company being wound up altogether. Social implications Corporation plays an important role in the society such as creating employment opportunities, markets for goods and services, generating revenues to governments and the list goes on. Therefore, the way they are managed has important implications for societies and governments. Originality/value Even though the paper was written on the basis of primary and secondary data sources, it was done in a distinctive manner to foster the objective for writing it.

scholarly journals The Role of Facebook in the Development of Civic Engagement in Morocco

2020 ◽  
Vol 3 (2) ◽  
pp. 11-24
Author(s):  
Meriem Harrizi ◽  
Amine Salim
Keyword(s):  
Civic Engagement ◽  
Quantitative Research ◽  
Online Survey ◽  
Real Life ◽  
Secondary Data ◽  
Primary Data ◽  
Structured Interviews ◽  
Quantitative Research Methods ◽  
Social Activists

The study investigates the factors that inspire Moroccans to engage in both online and offline civic efforts. The inquiry targeted demographics, frequency of Facebook use, the influence of online engagement on participation in real life and the main motivations behind Moroccan civic engagement online. Both qualitative and quantitative research methods were adopted to collect and analyze both primary and secondary data. An online survey was administered to (n=277) participants through Facebook targeting the general public of Moroccan Facebook users to collect primary data. Secondary data was collected via semi-structured interviews with (n=3) social activists to provide a comprehensive view of both normal citizens and people who can be considered specialists in the field. The findings revealed the extent to which Moroccans’ usage of Facebook influences their engagement both online and offline, indicating that social media use for civic purposes is significantly related to offline participation. Despite that, higher levels of the so-called “slacktivism” behaviors dominate Moroccans’ civic activities performed on Facebook. Findings in general support the fact that Facebook plays a significant role in the development of civic engagement in Morocco.

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