scholarly journals The Course and Consequences of Justice Reform in Georgia

Law and World ◽  
2021 ◽  
Vol 7 (1) ◽  
pp. 17-25
Keyword(s):  
Distribution System ◽  
Justice System ◽  
Political Influence ◽  
Public Confidence ◽  
Judicial Reform ◽  
Court System ◽  
Existing Problems ◽  
Case Distribution ◽  
Case Decisions

Judicial reform in Georgia has been in progress since the 90s. Significant changes have been made within the reform since 2012, including numerous positive changes that have taken place, namely: • Concrete steps were taken to free the High Council of Justice from political influence; • The activities of the Council of Justice have become much more transparent; • The role of the self-government of judges has increased; • An electronic case distribution system has been implemented; • The electronic services in court have improved; • Statistics on administrative case decisions have improved; • Improved statistics on criminal case decisions; Nevertheless, there are still significant problems in the judiciary. These problems concern both the review of cases and the management of the judiciary in general. These problems include: • Independence and impartiality of the judiciary; • Transparency of court hearings; • Violation of the rule of witness interrogation; • Low public confidence in the judiciary; • Delayed cases; • Overloaded court system. In this paper, the author has reviewed the positive steps in detail, taken for judicial reform. The main shortcomings in the current judicial system have also been discussed in detail. In this paper, the author offers her own opinions in order to eliminate the existing problems. At the end, special attention is paid to the need of bringing the justice system and the education system closer.

Reaktualisasi Proses Penyidikan oleh Kepolisian Berbasis Nilai-Nilai Pancasila dan Optimalisasi Pemanfaatan Teknologi

Jurnal Hukum ◽  
2016 ◽  
Vol 31 (2) ◽  
pp. 1737
Author(s):  
Ira Alia Maerani
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Public Prosecutor ◽  
Public Confidence ◽  
The Rule Of Law ◽  
Positive Law ◽  
Use Of Technology ◽  
The Times

Abstract                Indonesian Criminal Justice System consists of the police, public prosecutor and the courts. The role of the police investigators is certainly vital as the frontline in building public confidence in the rule of law in Indonesia. The role of the investigator is quite important in realizing society’s  justice. The era of globalization requires a pattern fast-paced, instant, measurable, and transparent of life and it requires investigators to follow the times by optimizing the use of technology. The aim of this study is to give effect to the rule of law in Indonesia that provides fairness, expediency and certainty. However, it considers to have priority of Pancasila values in the process of inquiry and investigation. The values of supreme divinity, God (religious), humanity, unity, democracy and justice are values that establish a balance (harmony) in enforcing the law. Law and its implementation can create product which meets the demands for social justice. This paper will examine the role of the investigator according to positive law currently in force as well as the role of investigator in implementing the values of Pancasila, accompanied by optimizing the use of technology. Keywords: Re-actualizing, Investigation, Police, values of Pancasila, Technology   AbstrakSistem Peradilan Pidana Indonesia meliputi institusi kepolisian, kejaksaan, dan pengadilan. Peran penyidik dalam institusi kepolisian tentunya amat vital sebagai garda terdepan dalam membangun kepercayaan masyarakat terhadap penegakan hukum di Indonesia. Peran penyidik amat besar dalam terwujudnya keadilan di masyarakat. Era globalisasi yang menuntut pola kehidupan yang serba cepat, instan, terukur, dan transparan menuntut penyidik untuk mengikuti perkembangan zaman dengan mengoptimalkan pemanfaatan teknologi. Tujuannya adalah untuk memberikan arti bagi penegakan hukum di Indonesia yakni memberikan keadilan, kemanfaatan, dan kepastian. Namun yang harus diperhatikan adalah mengutamakan nilai-nilai Pancasila dalam melakukan proses penyelidikan dan penyidikan. Nilai-nilai ketuhanan yang maha esa (religius), kemanusiaan, persatuan, kerakyatan dan keadilan merupakan nilai-nilai yang membangun keseimbangan (harmoni) dalam menegakkan hukum. Sehingga produk hukum dan pelaksanaannya memenuhi rasa keadilan masyarakat. Tulisan ini akan mengkaji tentang peran penyidik menurut hukum positif yang saat ini berlaku serta peran penyidik dalam mengimplementasikan  nilai-nilai Pancasila dengan diiringi optimalisasi pemanfaatan teknologi.Kata Kunci: Reaktualisasi,Penyidikan,Kepolisian,Nilai-nilai Pancasila,Teknologi

scholarly journals Reaktualisasi Proses Penyidikan oleh Kepolisian Berbasis Nilai-Nilai Pancasila dan Optimalisasi Pemanfaatan Teknologi

Jurnal Hukum ◽  
2015 ◽  
Vol 31 (2) ◽  
pp. 1901
Author(s):  
Ira Alia Maerani
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Public Prosecutor ◽  
Public Confidence ◽  
The Rule Of Law ◽  
Positive Law ◽  
Use Of Technology ◽  
The Times

Indonesian Criminal Justice System consists of the police, public prosecutor and the courts. The role of the police investigators is certainly vital as the frontline in building public confidence in the rule of law in Indonesia. The role of the investigator is very big in the realization of justice in society. The era of globalization which demands a pattern of life that is fast-paced, instant, measurable, and transparent requires investigators to follow the times by optimizing the use of technology. The aim is to give effect to the rule of law in Indonesia that provides fairness, expediency and certainty. However that must be considered is the priority values of Pancasila in the process of inquiry and investigation. The values of supreme divinity, God (religious), humanity, unity, democracy and justice are values that establish a balance (harmony) in enforcing the law. Law and its implementation so that the product meets the demands for social justice. This paper will examine the role of the investigator according to positive law currently in force as well as the role of investigator in implementing the values of Pancasila, accompanied by optimizing the use of technology.Keywords: Re-actualizing, Investigation, Police, values of Pancasila, Technology

scholarly journals Democracy and Perceived Public Confidence in The Judiciary: Roles of Socio-Economy and Gender

2020 ◽  
Vol 14 (1) ◽  
pp. 155-165
Author(s):  
Chiedozie Okechukwu Okafor ◽  
Uzochukwu Chukwuka Chienweze ◽  
Hassan Salawu Abu ◽  
Nanji Rimdan Umoh
Keyword(s):  
Local Government ◽  
Significant Influence ◽  
Justice System ◽  
Public Perception ◽  
Capital City ◽  
Public Confidence ◽  
Judicial Reform ◽  
Political Class ◽  
Enugu State ◽  
And Gender

The study investigated public perception of the judiciary as a fair plank of justice system in Nigeria democracy based on an analysis of the Enugu State Judiciary. Two hundred and sixteen (216) residents of Enugu State from 9 local government areas participated in the study. Participants comprised males and females categorized into 5 social groups - top civil servants above grade level 12, political office holders in the local  government and the capital city; petti traders, the unemployed and the underemployed youths. Participants’ age ranged between 25 and 55 years with a mean age of 33.72 years. Data collection was aided by use of Judicial Perception Questionnaire (JPQ) developed by the researchers.Data analysis using two-way Analysis of Variance (ANOVA) indicate significant influence of political class on perception of judiciary as a fair plank of justice system in Nigeria, F(1,212) = 8.15, p<.05. The study revealed non-significant influence of gender and non-significant interaction of political class and gender on the perception of the judiciary as a fair plank of justice system in Nigeria.The results were discussed in terms of their implications for  citizen’s attitude change and unbiased judicial reform in Enugu State and Nigeria in general. Key words: Judiciary; Democracy; Public perception; corruption; Enugu State

Prosecution Appeals Against Sentence

2019 ◽  
Author(s):  
Arie Freiberg
Keyword(s):  
Justice System ◽  
Public Confidence ◽  
Complex Task ◽  
Double Jeopardy ◽  
Appellate Courts ◽  
Abuse Of Power ◽  
System P ◽  
Trial Judges ◽  
The Right

Sentencing is a complex task that involves judicial officers imposing sentences in the first instance and deciding appeals from those judges in certain circumstances. Both trial and appellate courts are usually invested with some discretion as to the nature and quantum of sentence that may be imposed. Appellate jurisdiction varies widely between countries reflecting disparate approaches to discretion, differences in the grounds of appeal, in the deference paid to trial judges and the role of prosecution in the appellate process. While most jurisdictions give defendants the right to appeal against sentence, they differ in the ability of prosecuting authorities to appeal against sentence. In some jurisdictions there is considerable asymmetry between defendants’ and prosecution’s appellate rights. Historically, defendants’ rights of appeal preceded, and have been more extensive those of the prosecution, and traditionally, the balance has been tilted in favor of defendants. However, in a number of jurisdictions, this imbalance has been questioned. The principal arguments against prosecution appeals have centered on the concept of double jeopardy, which has long applied in substantive criminal procedure. Since the early 1980s the analogy with substantive double jeopardy has been questioned or rejected as has the double jeopardy principle itself. Justifications for the principle such as the anxiety and distress suffered by the defendant, the need for finality, the possibility of double punishment, and the abuse of power have all been re-assessed. The case for equal or symmetrical rights rests on the basis that the law requires that error, whether in favor of the defendant or the prosecution, should be corrected as a matter of justice. A balanced appellate process can ensure consistency in, and the adequacy of, sentencing standards, provide guidance to sentencing judges, and increase victims’ and public confidence in the criminal justice system.

“Too Many Courts and Too Much Law”: The Politics of Judicial Reform in Nova Scotia, 1830–1841

2012 ◽  
Vol 30 (1) ◽  
pp. 89-133 ◽  
Author(s):  
Jim Phillips ◽  
Bradley Miller
Keyword(s):  
Social Change ◽  
Nova Scotia ◽  
Legal System ◽  
Judicial System ◽  
Judicial Reform ◽  
Court System ◽  
Old Order ◽  
Economic Elite ◽  
Civil Courts

The 1830s was Nova Scotia's “Age of Reform.” Although historians have documented the growing tensions between elected Assembly and appointed lieutenant governor and Council, the concomitant attacks on the established economic elite, and the rise of a distinct party in colonial politics, little attention has been paid to the role played by the colony's courts and judges in this crucial decade. This lacuna is surprising, because reformers were convinced that the judges of the Nova Scotia Supreme Court (NSSC) were bulwarks of the old order and barriers to progress, and as their movement gained influence in the 1830s it brought the judges and the court system to the fore. This period saw numerous proposals for reform to the colony's laws and legal system, some effected and others not. Here we examine those aspects of the reform platform that were most hotly contested precisely because they exemplified the ways in which controversies about the legal system both reflected and exacerbated broader political and social change. The most important issues were judicial fees and the role of the chief justice as head of the Tory-dominated lieutenant governor's Council. We also examine two other matters in which the judicial system was directly linked to reformers' general demands for a system of government more responsive to the needs of ordinary Nova Scotians: judicial salaries and the role of the lower civil courts.

scholarly journals The Weakness Of The Law In The Republic Of Indonesia Number 18 Year 2003 On The Advocate

2017 ◽  
Vol 1 (1) ◽  
pp. 32
Author(s):  
Sofyan Wimbo Agung Pradnyawan
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Legal System ◽  
Justice System ◽  
Public Confidence ◽  
Judicial Process ◽  
The Law ◽  
Fact Finding ◽  
Sense Of Justice

This article intends to analyze the use of the jury system in the criminal justice system of Indonesia, jury is a form of lay participation or the participation of lay that community of professional non-law in the judiciary, to make decisions which provide a more fulfilling sense of justice in society, in order to avoid the role of judges is absolute in the criminal justice process, in the legal system of modern states today dichotomy between legal systems tradition of common law or civil law is fading and towards the tendency to mix both the legal system in order to find substantive justice in the judicial process. Indonesia never make changes conceptually to the criminal justice system, so that the judicial process drab dominated the role of judges is great where law and justice seems to be the monopoly of a judge, the role of judges becomes absolute in determining aspects of the facts (fact finding) and the legal aspect in judge, legal research using law approach, conceptual, and comparative law. The results of this study is that morality is the essence of a sense of justice in society, morality can not be separated from the law, because morality is is what is considered correct by the general public, so the public will view the law as something that has no authority and can not be trusted, when morality is left in any decision of the judge in criminal justice. Entering jury in the justice system is able to raise the level of public confidence in the legal and judicial institutions that exist, because the inclusion of jury in the criminal justice system to prosecute in the aspect of fact (fact finding) addition will ease the task of the judge also made aspects of morality local is the living law in automatically entered in every decision, every decision so it is possible to better meet the sense of justice in society.

scholarly journals CONDITIONAL DEFERRAL (AND WITHDRAWAL) OF CRIMINAL PROSECUTION FROM NATIONAL AND COMPARATIVE LEGAL PERSPECTIVE

2021 ◽  
Vol 37 (1) ◽  
pp. 83-104
Author(s):  
Zoran Burić ◽  
Marija Pleić ◽  
Ivana Radić
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Prosecution ◽  
Court System ◽  
Legal Analysis ◽  
Equivalent Institutions ◽  
Legal Perspective ◽  
The Status

Conditional deferral (and withdrawal) of criminal prosecution is a typical institution of negotiated criminal justice. It is usually applied in relation to less serious criminal offences with the aim to relieve the court system workload and humanise the treatment of the offender. This institution was introduced into the Croatian criminal justice system more than 20 years ago. Despite such a long presence within the system, it has never acquired the status of an important and widely applied institution. Quite the contrary, its application in practice is quite scarce. In order to identify possible reasons for this at the normative level, the authors have undertaken a comparative legal analysis of said institution. Main characteristics of conditional deferral (and withdrawal) of criminal prosecution in Croatia have been compared with the main characteristics of identical or equivalent institutions in five other jurisdictions: Austria, Germany, Italy, England, and France. Special attention has been devoted to five highlighted issues: the goal(s) of the institution, the offences in relation to which it may be applied, the role of the court, the rights of the defendant, and the position of the victim.

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