Criminal Profiling: Framing of Charges Upon Sexual Offences

In criminal profiling in cases involving sexual offences, the charges must be drafted with a great degree of precision. Every sexual offence has its individual elements that need to be fulfilled before a charge is preferred. There are instances where the defects in charges are rendered to be fatal to the prosecution’s case and instances where Section 422 comes to aid and cures the irregularities in the charge. The objective of this research is to identify the common features that render a charge defective in cases related to sexual offences, the effect of the defects. It also aims to analyse the courts’ approach to determine whether the particular defect is fatal or curable and suggest solutions in handling defective charges to achieve the ultimate purpose of ensuring that justice is served and eliminating any prejudice towards the victim accused. Generally, charges for sexual offences are rendered defective when the charge fails to specify the kind of act which constitutes the alleged sexual act and the related provision. In order to achieve the objectives of this research, qualitative research was conducted through library research, case studies and data analysis. The possible solutions to handle a defective charge would be to determine whether a particular defect in itself would cause a miscarriage of justice by misleading an accused and stripping off the rights of the accused to defend himself. Since the purpose of a charge is mainly to notify the accused, as long as the defect in the charge did not mislead the accused in defending himself, the defects are considered mere irregularities.

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When Misconduct in Public Office is Really a Sexual Offence

The Journal of Criminal Law ◽

10.1177/0022018317712377 ◽

2017 ◽

Vol 81 (4) ◽

pp. 292-302

Author(s):

Catarina Sjölin ◽

Helen Edwards

Keyword(s):

Policy Development ◽

Sexual Offending ◽

Common Law ◽

Sexual Misconduct ◽

Sexual Offence ◽

Sexual Offences ◽

Public Office ◽

Varied Range ◽

The Common ◽

Sexual Offences Act 2003

Misconduct in Public Office (MiPO) covers a wide and varied range of conduct. Beyond the defendant’s public office, there is no unifying conduct or result. A conviction for MiPO could represent putting pressure on a council official to move the route of a proposed road, or a police officer abusing his/her position for sexual gain. Sexual misconduct prosecuted as MiPO falls outside the usual regime for prosecuting and sentencing sexual offences, both obscuring the conduct by the label of MiPO and avoiding sexual offence specific consequences. To examine what kind of sexual offending MiPO has been covering, we analysed newspaper reports and appellate decisions since 2002. This enabled us to identify the conduct MiPO was being used to cover at charge, plea and conviction (or acquittal) stages. We found a significant amount of sexual misconduct being prosecuted as MiPO. We then analysed the sexual conduct to determine the “wrongs” involved, identifying particular categories. This enabled us to propose a new sexual offence (based on the Sexual Offences Act 2003 offences that are not founded on lack of consent), which marks the sexual wrong and enables a focus on the defendant’s abuse of position rather than the victim’s vulnerability. This article outlines the basis for our proposal to the Law Commission for reform of the common law offence of MiPO (as our second response to their consultations). Currently at the stage of Policy Development, the Commission aims to publish its report later this year.

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Matahari dalam Perspektif Sains dan Al-Qur'an

Indonesian Journal of Science and Mathematics Education ◽

10.24042/ijsme.v2i1.3970 ◽

2019 ◽

Vol 2 (1) ◽

pp. 27-35

Author(s):

Anisa Nur Afida ◽

Yuberti Yuberti ◽

Mukarramah Mustari

Keyword(s):

Qualitative Research ◽

Data Analysis ◽

Solar System ◽

Data Model ◽

Research Method ◽

The Sun ◽

Data Display ◽

The Earth ◽

Library Research ◽

Analysis Technique

Abstract: This study aims to determine the function of the sun in the perspective of science and al-Qur'an . The research method used is qualitative research methods with the type of research library (Library Research). This research applies data analysis technique of Milles and Huberman model, with steps: 1) data reduction; 2) data display; 3) verification. The result of this research is, the theories that science explain related to the function of the sun in accordance with what is also described in the Qur'an. Science explains that the sun as the greatest source of light for the earth can produce its own energy. This is explained in the Qur'an that the sun is described as siraj and dhiya' which means sunlight is sourced from itself, as the center of the solar system is not static but also moves this matter in the Qur'an explained in QS Yāsin verse 38, besides science and the Qur'an also equally explain that the sun can be made as a calculation of time.Abstrak: Penelitian ini bertujuan untuk mengetahui fungsi matahari dalam perspektif sains dan al-Qur’an..Metode penelitian yang digunakan yaitu metode penelitian kualitatif dengan jenis penelitian pustaka (Library Research). Penelitian ini menggunakan teknik analisis data model Milles dan Huberman, dengan langkah-langkah: 1) reduksi data; 2) display data; 3) verifikasi. Hasil dari penelitian ini yaitu, teori-teori yang sains jelaskan berkaitan dengan fungsi matahari sesuai dengan apa yang juga di jelaskan dalam al-Qur’an. Sains menjelaskan bahwa matahari sebagai sumber energi cahaya terbesar bagi bumi dapat menghasilkan energinya sendiri hal ini dijelaskan dalam al-Qur’an bahwa matahari dideskripsikan sebagai siraj dan dhiya’yang berarti sinar matahari bersumber dari dirinya sendiri, sebagai pusat tata surya matahari tidaklah statis melainkan juga bergerak hal ini dalam al-Qur’an di jelaskan dalam QS Yāsin ayat 38, selain itu sains dan al-Qur’an juga sama-sama menjelaskan bahwa matahari dapat di jadikan sebagai perhitungan waktu serta petunjuk dari bayang-bayang.

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Child Protection through the Criminal Law

A History of Scottish Child Protection Law ◽

10.3366/edinburgh/9781474444170.003.0004 ◽

2020 ◽

pp. 85-114

Author(s):

Kenneth McK. Norrie

Keyword(s):

Corporal Punishment ◽

Criminal Law ◽

Child Protection ◽

Adult Population ◽

Common Law ◽

Legal Basis ◽

Sexual Offences ◽

The Common ◽

The Law ◽

A Charge

The earliest criminal law dealing with children differently from the adult population was that concerned with sexual offences. This chapter explores the changing policies of the law, from the late 19th century fear of girls being exposed to immorality and boys being exposed to homosexuality, through the more protective 20th century legislation which nevertheless hung on to old ideas of immorality and criminality, until the Sexual Offences (Scotland) Act 2009 focused almost (but not quite) exclusively on protection from harm and from exploitation. The chapter then turns to the crime of child cruelty or neglect from its earliest manifestation in the common law to its statutory formulation in Prevention of Cruelty to, and Protection of, Children Act 1889, which, re-enacted in 1937, took on a form that, for all intents and purposes, remains to this day. The last part of the chapter explores the legal basis for the power of corporal punishment – the defence previously available to parents, teachers and some others to a charge of assault of a child, known as “reasonable” chastisement. Its gradual abolition from the 1980s to 2019 is described.

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NILAI-NILAI ISLAMI DALAM NOVEL API TAUHID KARYA HABIBURRAHMAN EL SHIRAZY: KAJIAN SOSIOLOGI SASTRA

EDU-KATA ◽

10.52166/kata.v5i1.1788 ◽

2020 ◽

Vol 6 (1) ◽

pp. 11-18

Author(s):

Suharso Suharso

Keyword(s):

Qualitative Research ◽

Data Analysis ◽

Analysis Data ◽

Moral Values ◽

The Novel ◽

Data Presentation ◽

Library Research ◽

Three Stages ◽

The Government ◽

Islamic Values

The purpose of this study is to describe the values of faith, worship, and morals contained in the novel Api Tauhid by Habiburrahman El-Shirazy. This researchis a type of qualitative research, which is a study that does not use calculation of numbers. In this study researchers used library research. In collecting data usingdocument review techniques or commonly called documentation analysis. Data analysis in this study through three stages, including: data reduction, data presentation, and conclusion. Islamic values contained in the novel Api Tauhid include: the values of the faith which include planting the value of faith, faith in God, faith in the destiny of Allah, and faith in the last day. The values of worship include prayer on time, guarding against immoral acts, recitation, prayer, and preaching. Moral values include respect for parents, respect for experts, respect for the government, inferiority, courtesy, and honesty.

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INTERNALISASI KONSEP DEMOKRASI DALAM PENDIDIKAN ISLAM (Belajar dari Praktik Demokrasi dalam Pendidikan Islam di Pakistan, Mesir dan Turki)

AHSANA MEDIA ◽

10.31102/ahsana..5.1.2019.50-59 ◽

2019 ◽

Vol 5 (1) ◽

pp. 50-59

Author(s):

Durhan Durhan

Keyword(s):

Qualitative Research ◽

Data Analysis ◽

Descriptive Analysis ◽

Islamic Education ◽

Research Approach ◽

Islamic Studies ◽

Library Research ◽

Democracy In Education ◽

Democratic Practices ◽

Data Tracking

This research is a library research with a qualitative research approach. Data analysis used in the research is content and descriptive analysis. And the object of data tracking uses literature studies such as books, journals, articles and other literatures related with the materials in this study. In this research it is explained some cases related with Islamic education. So far Islamic education has been always identified with a forum that only offers and presents Islamic studies and it is considered allergic to general materials, one of them is the material of Democracy. So, in this research the researcher tries to raise the internalization of democracy in Islamic education. The research aims to contribute positively to Islamic education in Indonesia so that the practice of democracy in Islamic education can be running well.The conclusion of this research shows that the practice of democracy in Islamic education hasn't been perfect. As a comparison, in this study the researcher presents a form of education in abroad that has tried early to internalize the concept of democracy into Islamic education. There are three countries that have succeeded in internalizing democratic practices into Islamic education. They are Islamic education in Pakistan, Egypt and Turkey. These countries are proper to be comparison studies because the practice of democracy in education is running smoothly and perfectly.

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Paradigma Dakwah Kultural: Dimensi Sufisme dalam Kontruksi Karakter Bima pada Pewayangan Jawa

Jurnal Ilmu Dakwah ◽

10.21580/jid.v39.2.4409 ◽

2019 ◽

Vol 39 (2) ◽

pp. 101

Author(s):

Ahmad Hidayatullah

Keyword(s):

Qualitative Research ◽

Data Analysis ◽

Descriptive Analysis ◽

Spiritual Dimension ◽

Library Research

<p>Wayang as a pride of Javanese culture is well known not only for artistic dimension, but also for a spiritual dimension. It can be seen from a compositions of wayang characters, namely Bima. This research is a qualitative research that focuses on library research about Mahabharata books, Javanese culture (wayang), Walisongo, and dakwah. This research is data analysis that uses descriptive analysis, as an effort to describe and analyze the siprirtiual dimensions are manifested in aspects of dakwah and sufism in the construction of the Bima character. The results of this study indicate that the character of Bima shows the construction for dimensions of dakwah and Sufism. The dimension of dakwah lies in the process of islamization of Hindu that contained in wayang that finally changes the character and storyline of the wayang itself. While the dimension of Sufism is in the process of conveying the values of Sufism, such as in the depiction of the soul (nafs) and manunggaling Kawula Gusti in the Dewaruci play.</p><p> </p>

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Penguatan Memahami Kitab Nurul Yaqin Dengan Media Gambar dan Peta

KUTTAB ◽

10.30736/ktb.v4i2.274 ◽

2020 ◽

Vol 4 (2) ◽

Author(s):

M. Yusuf

Keyword(s):

Qualitative Research ◽

Content Analysis ◽

Data Analysis ◽

Research Approach ◽

Instructional Media ◽

Analysis Method ◽

Collection Method ◽

Library Research ◽

Content Analysis Method ◽

History Of

The Nurul Yaqin book is one of the yellow books that tell the history of the journey and struggle of the Prophet Muhammad SAW in spreading Islam. In the book, many stories are told about the joys and sorrows of the Prophet and his companions in the mission of spreading Islam. There are also many descriptions of essential and historical events that have become the treasures of Muslims. One of the efforts to connect the chain of the Prophet's struggle is to teach this book again with methods and media that are fun to students. The use of instructional media is expected to help students capture their imagination, increase their enthusiasm, spark their enthusiasm and provoke their creativity in studying historical books. This research is library research with a qualitative research approach. The data collection method uses the documentary study method. The data analysis method used is the content analysis method. The purpose of this study is to help teachers make it easier for students to accept and understand the contents of the Nurul Yaqin book by utilizing learning media in the form of pictures and maps.

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KONSEP PEMIKIRAN TAQIYUDIN AN NABHANI TENTANG KEPRIBADIAN ISLAM DAN IMPLIKASINYA TERHADAP BIMBINGAN DAN KONSELING ISLAM

Jurnal Bimbingan Penyuluhan Islam ◽

10.32332/jbpi.v2i1.2062 ◽

2020 ◽

Vol 2 (1) ◽

pp. 64

Author(s):

Suryadi Suryadi ◽

Sukamto Sukamto

Keyword(s):

Qualitative Research ◽

Content Analysis ◽

Data Analysis ◽

Research Data ◽

Personality Theory ◽

The West ◽

Library Research ◽

Analysis Technique ◽

Thought Patterns ◽

Additional Reference

Thinking and looking for the proposition to ma'rifat to Allah SWT is the first obligation for a Mukallaf (one who has received the burden of taklif). Knowing God means that someone also knows himself. Regarding knowing human self, there have actually been many theories that point to this, the proof is that there are many theories about good personality that were sparked by thinkers from the west or by Islamic scholars. In this study, researchers are interested in discussing one personality theory that is very rarely discussed, namely personality theory according to Taqiyuddin An Nabhani specifically his Islamic personality theory. The purpose of this study is as an additional reference and add Khazanah knowledge about human personality. Taqiyuddin An Nabhani is a contemporary cleric from the Palestinian area who has given birth to many works both in fiqh and politics. This research is a qualitative research with a type of library research. Data analysis technique used in this research is content analysis, namely by analyzing various reference sources both primary and secondary. After researchers examine several sources, it can be concluded that according to Taqiyuddin An Nabhani, humans have two elements of personality, namely thought patterns (‘aqliyah) and attitude patterns (nafsiyah). Mindset is a method used in understanding or thinking about something. In other words, mindset is a method used to associate facts with information, or vice versa, based on a certain basis or several methods. While the attitude pattern is a method used by humans by linking the impulse of distribution (fulfillment) with mafahim (understanding) or the way used by humans to meet gharizah (instincts) and physical needs. a person can be said to have an Islamic personality if he has ‘aqliyah Islamiyah (Islamic mindset) and nafsiyah Islamiyah (Islamic attitude pattern). If one of the two does not exist in a person then in fact he does not have an Islamic personality.

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Fenomena Pornoteks Di Kolom Komentar Selebriti Instagram @SARAHVILO.ID Sebagai Masalah Sosial Pada Media Baru

ArtComm : Jurnal Komunikasi dan Desain ◽

10.37278/artcomm.v3i1.284 ◽

2020 ◽

Vol 3 (1) ◽

pp. 89-97

Author(s):

Shinta Hartini Putri ◽

Leoni Oktavia Maharani

Keyword(s):

Qualitative Research ◽

Social Media ◽

Data Analysis ◽

Data Collection ◽

Research Output ◽

Secondary Data ◽

Primary Data ◽

User Comments ◽

Library Research ◽

Data Validity

Social media, especially Instagram, has become one of the means to explore and express themselves. Instagram presents interactive features in facilitating its users, but not all Instagram users are wise and obey ethics in communicating on social media. This happened to Sarah Viloid's Selebgram account, which has millions of followers, after rising followers of Sarah, pornographic comments began to appear and are increasingly being found in almost every photo post of Sarah. Surely these comments will create discomfort, both for Sarah as the account owner, and for other Instagram users who read these obscene comments. This study uses descriptive qualitative research methods, with primary data collection techniques through observation based on Instagram user comments on Sarah Viloid photo uploads, while secondary data uses library research, journals, and internet sources. Data analysis used by the Miles and Huberman models and triangulation for data validity techniques. This research output will be published in the journal of the Faculty of Communication and Design UNIBI.

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Revitalisasi moral kewarganegaraan dalam ungkapan Jawa sebagai sumber pembentukan civic culture dan politic culture

Jurnal Civics Media Kajian Kewarganegaraan ◽

10.21831/civics.v14i2.15323 ◽

2017 ◽

Vol 14 (2) ◽

pp. 176-182

Author(s):

Yoga Ardian Feriandi

Keyword(s):

Qualitative Research ◽

Civil Society ◽

Data Analysis ◽

Moral Values ◽

Data Sources ◽

Civic Culture ◽

Library Research ◽

Critical Method ◽

The Republic ◽

Existing Data

This article aims to understand and multiply the moral values that exist in the expression of Java. Of the values excavated the hope can be a reference as the formation of civic culture and politic culture. The type of research used in this research is qualitative research, with descriptive-critical method, which in his explanation more emphasis on the power of data analysis on existing data sources. This study is based on library research. The object of the studies in the form of notes, transcripts, books, Journal of Research and so on which is linked to the study of Javanese culture, civic culture and politics culture. From the results of the discussion then known some phrases like aja dumeh, mendhem jero mikul dhuwur, jer basuki mawa bea. Having moral universal citizenship values so as to become a reference in order to form the civic culture which could further impact on politics culture as an effort to civil society in the Republic of Indonesia.

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