Revisiting the International Court of Justice Procedure for the Revision of Judgments

The International Court of Justice (“ICJ”) is a court of first and last instance. Its decisions are “final and without appeal.” At first blush, this seems uncontroversial; it is a simple restatement of the well-established principle of res judicata. But if the court makes a judicial pronouncement without all the facts to hand, can one say that the decision is legitimate and authoritative? Pursuant to article 61 of the ICJ’s Statute, the court does have the authority to revise a judgment in certain, limited circumstances. Revision is a remedy that enables the court, upon the application of a party, to reconsider an otherwise final and binding decision. An application for revision is admissible when a new fact is discovered that was unknown to the parties and the court during the proceedings, and which would have the effect of overturning or altering the court’s judgment.

A judicial review of the inactivity of public administration in the Slovak Republic

The article focuses on inactivity of the public administration in the Slovak Republic. It analyses this malfunction of the public administration from the point of view of the legal theory, international legal regulation as well as national legal regulation. The emphasis is on the national legal regulation that should provide effective legal remedies on how to eliminate inactivity of the public administration – namely the Constitution of the Slovak Republic, the Act on Administrative Proceeding and the Act on Administrative Justice Procedure. The article analyses the new legal regulation on a judicial review of inactivity stipulated in the Act on Administrative Justice Procedure and compares it with the previous legal regulation. The aim is to conclude which legal regulation is more effective and describe why it is so.

CRIMINAL RESPONSIBILITY OF THE PERPETRATORS FOR VICTIMS OF MINOR CRIMINAL OFFENSES ON PERSPECTIVE OF RESTORATIVE JUSTICE

The handling of the minor criminal act case settlement tends to be conducted as a general crimanal act because it is only focused on criminal responsibility of perpetrators which is based on the responsibility of their actions and faults, without considering the quality orvalues of the crime objects, so it breaks the sense of justice in society. Whereas, basically a minor criminal act is a simple and harmless criminal act, and it just cause merely little losses of the victims. For this reason, an alternative case settlement of the minor criminal act is needed by restorative justice approach which has a more emphasis on the creation of conditions of fairness and balance between the perpetrator to the victim. Because the current criminal justice procedure focuses solely on criminal prosecution and ignores the interests of the victim, thus it is transformed into a process of dialogue / mediation, involving the victim to create a fairer and more balanced minor criminal act case settlement.The criteria for completing the criminal cases through restorative justice is that the perpetrator is not punished .In other words through this restorative models, perpetrator does not need to go to jail if the interests of the victim and the loss have been restored or have been recovered, the victim and the community have forgiven, while the perpetrator has expressed regret.

Penjara Nagari sebagai Hukuman Adat dan Upaya Masyarakat Nagari Tigo Jangko dalam Menanggulangi Perzinaan

<p>This article deals with Penjara Nagari as a place to quarantine a couple who committed an adultery or fornication in Nagari Tigo Jangko. The study attempts to explore the reasons of the people to build a jail, regardless the existing government’s jails. The research found that the Penjara Nagari was built based on the decision of the <em>kerapatan adat</em> to anticipate and educate people to avoid adultery and fornication which were forbidden by Islamic law and Minangkabau tradition. The people caught the couple directly at the location. They screamed, humiliated and hit them. Then they brought the couple to the Penjara Nagari and few of people interrogated the couple and let the other people saw them in the jail. The prisoning of the couple had continued until kerapatan adat had made a decision which contained some punishments for the couple. Usually the prisoning occurred all night long till morning. Penjara Nagari in Islamic and Indonesian legal perspective was not real jail, since the real jail was built for prisoners who got a justice procedure and punishment from the court.</p>