legal sanction
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2021 ◽  
Vol 2 (3) ◽  
pp. 633-638
Author(s):  
Ni Komang Ayu Sri Agustini ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara

The police are essentially government institutions and functions that are engaged in maintaining public security and order. The number of temptations causes the police to commit violations or criminal acts. This study aims to understand the legal arrangements against police officers who commit crimes and examine legal sanctions and legal rules that regulate problems in legal arrangements against police officers who commit criminal acts and forms of legal sanctions against the crime of murder. The research method uses normative legal research with a statutory and conceptual approach. Sources of legal materials consist of primary legal materials and secondary data. Data collection is done by reading the law on the police. Data analysis was carried out by case studies namely; the legal materials obtained in the research were processed and analyzed, and presented in a descriptive-analytical manner. The results of the study indicated that legal arrangements for police officers who commit murder crimes, where violations of the code of ethics have consequences, will be tried by the commission of the professional code of ethics. The legal sanction is that a police officer who commits a crime will be processed through a general court trial, undergo sanctions, and undergo a code of ethics trial with dishonorable dismissal. The imposition of disciplinary sanctions is decided in a disciplinary hearing for members of the police who violate police discipline and code of ethics


2021 ◽  
Vol 5 (S1) ◽  
pp. 284-292
Author(s):  
Bahrudin Bahrudin ◽  
Mahyudin Ritonga ◽  
Andino Maseleno ◽  
Miftachul Huda ◽  
Mohd. Hairy Ibrahim

Learning is a process of getting the knowledge to achieve better change. So people who learn need a process of guidance and direction to change their attitude and behavior to become independent human. In fact, most of people learn through selective observation and remember the behavior of other people in their environment. As has been done by the people who implement social learning program, the people have traditionally had local wisdom in protecting nature from generation to generation. This regulation has come a long way after the enactment of the government policy on natural protection of forest. As in the case of destroying forest, they will be subject to customary legal sanction in the form of fine which must be paid by someone as a form of apology.


2021 ◽  
Vol 14 (1) ◽  
pp. 53-63
Author(s):  
Dian Narwastuty ◽  
Christian Nugraha

Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. This principle is one of the Human Rights principles that are necessary for the progress of humanity itself. But its existence has always triggered a dispute because of the abuse of the right. The abuse of the rights consists of Hate Speech and Hoaxes. This research is normative legal research that uses a comparative approach and conceptual approach. And also, this research will compare the Freedom of Speech and Broadcasting laws in Indonesia and Singapore, especially law in the broadcasting sector. Theoretically, the benefits of this research are to answer the problem of correcting Freedom of Speech, especially in broadcasting law. Practically, it is helpful for society to know much more about hate speech and hoaxes also the possibility to correct the broadcasting law in Indonesia based on the same regulation in Singapore.


2021 ◽  
Vol 5 (1) ◽  
pp. 471
Author(s):  
M Noor Harisudin ◽  
Muhammad Choriri

The legal sanction on marriage registration violations was intended to create equity within households and fulfill every citizen’s constitutional rights. However, the law enforcement efforts encountered some problems, especially in three Southeast Asia countries: Indonesia, Malaysia, and Brunei Darussalam. This article investigated the diversity of regulations on marriage registration violations in the countries and analyzed how Jasser Auda’s maqasid al-shariahperspective viewed the type of legal sanctions there. This study found that there were regulations on marriage registration violations in each country. However, while Malaysia and Brunei Darussalam imposed both financial penalty and imprisonment, Indonesia only charged fines for the culprits. In Jasser Auda’s perspective, the regulations in the countries, except Indonesia, were in line with maqasid al-shariah because firstly, they aimed at maintaining harmony in marriage and contained the aspect of serving the depth and breadth of public interest (maslahah) in terms of necessities (daruriyat). Secondly, the regulations had traversed basic conceptual approach and systems analysis.


2021 ◽  
pp. 174165902110179
Author(s):  
Sebastián Galleguillos

In this article, I propose and apply a digital vigilantism model to a specific incident that occurred in Mexico, where the death of two innocent people was filmed through Facebook Live. Using a mixed methods approach and content analysis, I analyzed digilante Facebook posts ( N = 942) coding gender, digital vigilantism categories, discriminatory comments, and punitive attitudes aimed at the perpetrators and the inciter of the lynching. The categories include investigating, blaming, or rebuking, while the discriminatory comments include classism, racism, homophobia, and body-shaming. I coded the punitive attitudes distinguishing four categories: non-physical punishment (calling for God’s wrath and the guilty conscience of the targets), legal sanction, death, and other punishment. The findings reveal the key role gender played in digilantism: females tend to conduct more investigations and low level attacks (blaming) than males, but males tend to perpetrate more harsh attacks (rebuking) than females. The most popular punitive attitude is calling for the death of targets, revealing tensions between legal sanctions and digilantes’ desired punishment. This study suggests the presence of different expressions of discrimination and reasons to engage in digilantism, encompassing both legal and illegal behavior deployed in a mainstream social media platform such as Facebook.


2021 ◽  
pp. 1-12
Author(s):  
Fitri Trapsilawati ◽  
Nadhiya Ulhaq Priatna ◽  
Titis Wijayanto ◽  
Ari Widyanti ◽  
Utami Dyah Syafitri ◽  
...  

Abstract Investigating the underlying predictors of speeding behaviour deserves the full attention of research. This study aims to examine the effects of demographic variables on the perceived deterrent mechanisms and to predict speeding behaviour to target appropriate prevention programmes. In this study, 212 randomly selected drivers having a valid car driving licence participated in an online survey. The results revealed that demographic variables influenced drivers’ perceptions towards social and legal sanctions as well as material loss. The model revealed that two sanction-related constructs, that is, legal sanction (b = −0⋅227, P = 0⋅007) and material loss (b = −0⋅218, P = 0⋅005), as well as lax perception towards traffic accident (b = −0⋅176, P = 0⋅025), were the significant predictors of speeding behaviour. These findings suggested that prevention programmes should prioritise young and single drivers. The most effective targeted prevention programmes are highlighted accordingly based on the study results.


2021 ◽  
Vol 138 (4) ◽  
pp. 715-731
Author(s):  
Peter Kituri ◽  
Andrew Hutchison ◽  
James Lappeman

In this note we explore the use of social media as a tool to help small enterprises exert pressure on large corporations. Specifically, we use the case study of a small South African business (Ubuntu Baba) that exerted a powerful non-legal sanction on major retailer Woolworths through social media. This entrepreneur-initiated social media firestorm led to victory in the court of public opinion and a quick settlement. This low-cost option was possibly chosen in the face of the costs and uncertainties of more conventional legal recourse. Small businesses are an important component of the South African government’s strategy for economic development and employment creation, yet the existing laws protecting weaker parties often leave small businesses exposed to corporate power-play. This form of corporate power imbalance is a core theme underlying our case study.


Author(s):  
Z. I. Kazimov

In the general theory of state and law, a sanction is usually understood as a part of a rule of law that indicates adverse consequences for the offender in the form of coercive influence on him. This idea of a sanction is contradicted by numerous scientific definitions of a criminal legal sanction, which are based on the concept of "sanction of an article of the Special Provisions of the Penal Code", which is repeatedly used in the Penal Code of the Russian Federation. Consideration of the sanction as a part of a criminal legal norm on liability for a certain type of crime allows us to consider it in relation to the composition of the crime, reflected in the disposition of the same criminal legal norm. The Penal Code of the Russian Federation contains legal norms where sanctions have been adjusted to consider the special characteristics of the subject of the crime. These sanctions can be considered as a special group of criminal legal sanctions. Both the disposition (In terms of the characteristics of the subject of the crime) and the sanction of the criminal legal norms are specified in the articles of the General Provisions of the Penal Code of the Russian Federation.


Author(s):  
Maryna Bondarenko ◽  

The article is devoted to the investigation of criminal legal norm, namely, to one of its parts – sanction. In this aspect, a brief overview of general theoretical problems is made, their importance and prospects in further study for science and practice are shown. The aim of the article: to analyze the general concept of criminal legal sanction, to investigate the sanctions of norms provided by Art. 321 of the CC of Ukraine, to identify the shortcomings of their design and to suggest ways of their improvement. The research methodology: historical-legal, comparative-legal, logical ones, the method of analysis and synthesis. The definition of the concept of sanction is described, as well as what types of sanctions exist, which prevail in the norms of the law of Ukraine on criminal liability, etc. In addition, the peculiarities of the sanction design, in particular in comparison with foreign criminal legislation, and the existing shortcomings in the domestic criminal law are provided. In total, this provided an opportunity to analyze Art. 321 of the Criminal Code of Ukraine (hereinafter – the CC of Ukraine), and to formulate ways to improve it. The main results: to apply the experience of foreign criminal law, which provides the gradation of even each type of punishment, the use of arithmetic rules to increase and decrease the amount of punishment in case of existence of mitigating or aggravating circumstances, etc., at least for the most common crimes.


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