sense of justice
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2022 ◽  
pp. 088626052110675
Author(s):  
Alexa Sardina ◽  
Nicole Fox

Over the past two decades, America taken part of a broader global trend of “memorial mania” in which memorials dedicated to remembering injustice have exploded into public space. Memorials that facilitate the centering of marginalized narratives of violence hold significant power for social change. This article focuses on one such space: The Survivors Memorial in Minneapolis, Minnesota. The Survivors Memorial opened in October 2020 and is the first public memorial honoring survivors of sexual violence. Despite the progress of the anti-rape and feminist movements as well as a variety of legal interventions designed to address sexual violence and empower, many survivors are left without a sense of justice or institutional or community recognition. Drawing on 21 in-depth, qualitative interviews with individuals involved in all aspects of the memorial project, this article documents how one community mobilized to create a space for survivors whose voices are often overlooked, disbelieved and silenced by the criminal justice system, practitioners, and communities. In focusing on how participants narrate the significance and meaning of the Survivors Memorial, this article uncovers how social, political, and local circumstances coalesced to make the Memorial possible. These factors include local leadership, the prevalence of sexual violence, the unique structure of the Minneapolis park structure, and the rise of the #MeToo movement. Interviews illuminate that participants worked to intentionally construct the Memorial as an accessible and visible space that centers on providing all sexual violence survivors with public acknowledgment of their experiences, while simultaneously engaging community members in dialogs about sexual violence, ultimately, laying the foundation for sexual violence prevention efforts.


2021 ◽  
Vol 2 (2) ◽  
pp. 115-124
Author(s):  
Muhamad Hadiyan Rasyadi

The existence of differences in leave arrangements outside of the state's responsibility for incumbent candidates in the Presidential and Vice Presidential Election (pilpres) and the General Election of Regional Heads and Deputy Regional Heads (pemilukada) have an impact on the sense of justice in granting political rights attached to citizens. The research describes the arrangements' differences from the equality before the law's perspective. The type of research used is normative legal research with descriptive legal research methods. The problem approach used is statutory, comparative, and conceptual approaches. The data used in this research is secondary data, with a literature study method. Furthermore, the technique used in this research is to collect, identify and analyze the data presented in a qualitative descriptive form. The results of the research and discussion show that there are differences in leave arrangements outside of the state's responsibility for presidential and vice-presidential candidates and incumbent regional heads and deputy regional heads in the presidential and regional elections. Theoretically, every legislation formulation and application must be based on the principle of equality before as a form of social justice.


2021 ◽  
Vol 43 (4) ◽  
pp. 253-278
Author(s):  
Witold Kulesza

German lawyers jointly supported the National Socialist authorities, assuming that the law was Hitler’s will, resulting from the new criminal law being introduced, which violated the principles of nullum crimen sine lege and nulla poena sine lege. Judges of special courts (Sondergerichte) in the Third Reich applied criminal law according to a “healthy national sense” (das gesunde Volksempfinden), which usually meant heavy penalties, contrary to the elementary sense of justice. It was adopted as a rule that a crime is not only what is forbidden by regulations, but also everything that the authorities have not consented to. For any behaviour, even if not prohibited by law, the judges could sentence defendants to draconian punishments, at their “national discretion.” Law professors justified the lawlessness created in the Third Reich by claiming that it was a rule of law (Rechtsstaat). The criminal law for Poles and Jews of 1941 provided for the death penalty for all manifestations of “hostile attitude” towards the German occupier. Polish forced labourers in the Reich were punished with death for violations of discipline and disobedience to the German oppressors. Poles displaced from occupied Poland were assigned to work in enterprises and farms in the Reich. The special court in Breslau sentenced to death a Pole who defended his pregnant beloved woman, forced to work beyond her strength and abused by the German housewife, as well as the unfortunate woman herself. The same court sentenced a Pole to death for trying to protect his 13-year-old son from a German farmer, who was forcing the child to perform work he was physically unable to carry out. Special-court judges continued their professional careers in West Germany after the war and did not bear any responsibility for their crimes.


2021 ◽  
Vol 18 (3) ◽  
pp. 25-34
Author(s):  
Duncan Drewry ◽  
Zachary Reese

How do people behave in the face of uncertainty? Some studies suggest that even when they are unaware of how others will behave, people default to cooperative behavior; however, other research suggests that uncertainty leads to more competitive behavior. Little research has examined how individual differences moderate such behavioral decisions. This study proposes that a stable (dispositional) sense of justice may, ironically, lead to more competitive behavior. Specifically, people who score highly in belief in a just world, system justification, and religiosity, and low in ambiguity tolerance may be more inclined to compete rather than cooperate because they believe people who experience positive outcomes deserve those outcomes regardless of the means taken to achieve them. Across two studies, participants (N = 288) engaged in a prisoner’s dilemma game — a task where they must choose to compete or cooperate — and completed the aforementioned individual difference measures. Results show that people tended to cooperate, but those high in system justification and belief in a just world were more likely to compete. In other words, people with a strong sense of cosmic justice were likely to exhibit competitive behavior under uncertain conditions. KEYWORDS: Ambiguity Tolerance; Competition; Cooperation; Just World Beliefs; Prisoner’s Dilemma; Prosocial Behavior; Religiosity; System Justification; Uncertainty


2021 ◽  
Vol 3 (2) ◽  
pp. 203-221
Author(s):  
Inayatul Syarifah

The purpose of this study is to determine the basis for consideration of religious court judges and religious high judges in granting or rejecting applications for inheritance cases that have been granted. This type of research is library research (library research), descriptive research using qualitative methods. Whereas the power of attorney to compare M. Fadlil Hadi's power of attorney to Dr. M. Yaman, S.H., M.H. and Ramid, S.H. The date February 9 2018 is invalid. The limitation of presenting a grant as an illustration of a case regarding a lawsuit for inherited land disputes that has been granted in terms of the Maslahah Mursalahah, is to respect and fulfill a sense of justice for other war experts, even though the jurists do not. KHI is based on consideration of benefit (providing benefits) and avoiding harm.


Author(s):  
Ágnes Bálint ◽  

Abstract. A Cathedral Built on Swearing? Interrelations between Counselling and Spirituality in the Book of Job. Given its enormous exegetical potential, pastoral care could clearly lay hold more of the Book of Job’s kerygmatic rather than its psychological certainties. In addition to the Book of Job being often read as a case study about the suffering person’s sense of justice and quest for meaning, Job’s experience has a spiritual overtone as well: he is faced with the question of the true nature of God and the need to find an adequate human response to it. Also, the Book is indicative of how people respond to the suffering and what witness and support they offer. In this paper, I evaluate the counselling strategies in the Book of Job identified by Manfred Oeming. I pay special attention to Job’s wife, and I argue that she should not be considered a proper counsellor, as she herself is stricken by the same tragic events as is Job. Instead, she is a fellow sufferer, although acknowledged as such only by extracanonical literature. What is more, she may be identified as the partner or the first and foremost caregiver of the sufferer whose challenges and difficulties remain unidentified, unspoken of, and unaddressed most of the time. As for the spiritual issues aroused by suffering, I suggest that both counsellor and counsellee must reach spiritual maturity to be able to understand and accept their experience of suffering as a genuine experience of God, and so, given time, this may make space for God’s theophany and healing presence. Keywords: Book of Job, suffering, spirituality, pastoral care, counselling, fellow sufferer, caregiver


2021 ◽  
Vol 15 (2) ◽  
pp. 221-232
Author(s):  
Kamarusdiana Kamarusdiana ◽  
Muhammad Ilham Fuadi ◽  
Muhammad Ishar Helmi

The inheritance of Islam becomes an interesting discussion when it is associated with the position of the heirs of men and women. Including the discussion of girls can or does not become a barrier (blocker) to other heirs become a barrier to obtaining inheritance or termed with Hajib Hirman. The purpose of this study is to find out the concept of fiqh in determining the position of girls to be a barrier to inheritance for brothers and their implementation in the decision of religious courts so that it can be read considerations and decisions of judges whether based on a sense of justice so as to equalize the position of male and female heirs. The method used in this study is library research with primary materials in the form of court decisions on inheritance cases and relevant fiqh books. The results of this study found that Ibn 'Abbas equated the position of the daughter's inheritance with that of the son so as to prevent the heir brother from obtaining the inheritance and the concept of Ibn Abbas which became the reference of judges in the Court of Religion and the Supreme Court in deciding the case based on the principle of justice.


2021 ◽  
pp. 204-225
Author(s):  
Jon Mandle
Keyword(s):  

Educoretax ◽  
2021 ◽  
Vol 1 (1) ◽  
pp. 59-81
Author(s):  
Heru Saputro ◽  
Benny Setiawan

Abstract The Decree on the Reduction or Elimination of Administrative Sanctions issued due to the taxpayer's ignorance is a decision related to the implementation of tax decisions that have the potentially to cause disputes. This is because there are no clear boundaries regarding the criteria for error. As a result, there are opportunities for interested parties to interpret subjectively (Huda, 2015). If the taxpayer feels that The Decree on the Reduction or Elimination of Administrative Sanctions issued by the DGT is not appropriate, then the taxpayer can file a legal action in the form of a lawsuit to the Tax Court. What is interesting in the lawsuit process is how the panel of judges decides on tax dispute cases that arise due to unclear criteria in a rule, in this case related to taxpayer ignorance. In addition, the decision issued by the Tax Court must be able to provide a sense of justice to taxpayers considering the purpose of establishing the Tax Court is to create justice and legal certainty in the settlement of tax disputes. Keywords: Tax, Decree on the Reduction or Elimination of Administrative Sanctions, Tax legal remedies, Tax Court Abstrak Surat Keputusan Pengurangan atau Penghapusan Sanksi Administrasi yang diterbitkan akibat adanya kekhilafan wajib pajak merupakan keputusan berkaitan dengan pelaksanaan keputusan perpajakan yang berpotensi terjadi sengketa. Hal itu disebabkan karena tidak adanya batasan-batasan yang jelas mengenai kriteria kekhilafan yang diatur di dalam sebuah aturan. Akibatnya terbuka peluang bagi pihak-pihak yang berkepentingan yaitu wajib pajak dan petugas pajak untuk menafsirkan secara subjektif (Huda, 2015). Jika wajib pajak merasa bahwa surat keputusan pengurangan atau penghapusan sanksi administrasi yang diterbitkan DJP tidak tepat, maka wajib pajak dapat mengajukan upaya hukum berupa gugatan ke Pengadilan Pajak. Yang menarik dalam proses gugatan tersebut adalah mengenai bagaimana majelis hakim memutuskan perkara sengketa pajak yang timbul karena ketidakjelasan kriteria di dalam sebuah aturan, dalam kasus ini yaitu terkait kekhilafan wajib pajak. Selain itu, putusan yang diterbitkan oleh Pengadilan Pajak harus dapat memberikan rasa keadilan kepada wajib pajak mengingat tujuan pembentukan Pengadilan Pajak adalah untuk menciptakan keadilan dan kepastian hukum dalam penyelesaian sengketa pajak. Kata Kunci: Pajak, Surat Keputusan Pengurangan atau Penghapusan Sanksi Administrasi, Upaya hukum perpajakan, Pengadilan Pajak


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