ORIGINAL RESEARCH ARTICLE | Jan. 12, 2022
Feasibility Test Reconstruction of Ethical Enforcement Regulations for Election Organizers Based on the Values of Justice with Dignity
Muhammad Afied Hambali, Teguh Prasetyo, Widayati, Muhammad Ngazis
Page no 1-7 |
10.36348/sijlcj.2022.v05i01.001
In the context of building an ethical enforcement system for general election organizers in Indonesia, apart from the need to complete and reinforce the material for legislation, it is also important to question the effectiveness of the work of general election organizers. The organizers of the General Election have the authority to impose sanctions on perpetrators of violations of the General Election administration. The emergence of ethical enforcement problems for the organizers of the General Election, especially in Article 458 paragraph (13) and paragraph (14) of Law no. 7 of 2017 concerning General Elections, which explains that the DKPP's decision is final and binding, this can lead to legal uncertainty and cannot be equated with final and binding decisions from judicial institutions in general because DKPP is an internal election organizer that is authorized by law. The results of this study have theoretical implications, especially concerning the code of ethics in the administration of elections that has developed so far which views that laws and regulations apply as the only absolute recognized standard of truth. This study has practical implications, that state law needs to be adapted to the conditions and situations of this nation, not to the interests of certain parties. Enforcement of ethics as described in Law no. 7 of 2017 concerning General Elections. The substances regulated are obligations to the state, obligations to the community, integrity, independence, and professionalism of the General Election Organizer. Although there is no explicit mention of the obligation to honor a code of ethics that is implemented properly/not violated is expected to place the General Election Organizer in the highest honor.
ORIGINAL RESEARCH ARTICLE | Jan. 21, 2022
Optimization of the Role of Social Worker Service Units in Legal Protection Effort against Children in Contact with the Law
Ummi Rahmatinnur
Page no 8-15 |
10.36348/sijlcj.2022.v05i01.002
Intimate Partner Violence (IPV) has been identified as a global public health problem of human rights concern. It is a global issue with far reaching consequences for the physical, reproductive, and mental health of women, regardless of social, economic, religious or cultural group. Most of the times, IPV is usually perpetrated by a husband or an intimate male partner of a woman or girl and this is often due to the emotional attachment with or economic dependency of the women on the perpetrators of violence. The outbreak of the COVID-19 pandemic and the lockdown measure, although effective in reducing the disease spread has led to unintended negative consequences. The social, economic and financial distress experienced during the COVID-19 lockdown period has increased the prevalence of Intimate Partner Violence. The financial difficulty associated with the lock-down period has been known to precipitate stress and frustration, and subsequent negative coping mechanisms such as substance abuse and depression; all of which are baseline triggers for intimate partner violence. This has been labelled the silent pandemic. This article examines the rise in incidences of Intimate Partner violence in Nigeria during the COVID-19 Pandemic and contends that Individual Risk Factors, Financial Dependence on the Abuser, Poor Implementation of the rights of women, Cultural Perception of Women, Poor Governance and Resource Management, Lack of Adequate Social Welfare Palliative Schemes, in addition to the complications arising from dealing with COVID-19 pandemic are major factors that have resulted in the surge of Intimate Partner Violence in Nigeria. This work underscores recommendations to curb Intimate Partner violence in Nigeria during and beyond the COVID-19 pandemic, and ensure better realization of the rights and welfare of women and girls such as Legal Framework Reform, Socio Economic Empowerment of Women and girls, Community Mobilization and Behaviour Change Communication, Awareness Creation, and establishment of Sexual Assault Referral and Counselling Centres.
REVIEW ARTICLE | Jan. 22, 2022
The Silent Pandemic: Increased Initimate Partner Violence in Nigeria
Obagboye, Tomi Grace
Page no 16-21 |
10.36348/sijlcj.2022.v05i01.003
Intimate Partner Violence (IPV) has been identified as a global public health problem of human rights concern. It is a global issue with far reaching consequences for the physical, reproductive, and mental health of women, regardless of social, economic, religious or cultural group. Most of the times, IPV is usually perpetrated by a husband or an intimate male partner of a woman or girl and this is often due to the emotional attachment with or economic dependency of the women on the perpetrators of violence. The outbreak of the COVID-19 pandemic and the lockdown measure, although effective in reducing the disease spread has led to unintended negative consequences. The social, economic and financial distress experienced during the COVID-19 lockdown period has increased the prevalence of Intimate Partner Violence. The financial difficulty associated with the lock-down period has been known to precipitate stress and frustration, and subsequent negative coping mechanisms such as substance abuse and depression; all of which are baseline triggers for intimate partner violence. This has been labelled the silent pandemic. This article examines the rise in incidences of Intimate Partner violence in Nigeria during the COVID-19 Pandemic and contends that Individual Risk Factors, Financial Dependence on the Abuser, Poor Implementation of the rights of women, Cultural Perception of Women, Poor Governance and Resource Management, Lack of Adequate Social Welfare Palliative Schemes, in addition to the complications arising from dealing with COVID-19 pandemic are major factors that have resulted in the surge of Intimate Partner Violence in Nigeria. This work underscores recommendations to curb Intimate Partner violence in Nigeria during and beyond the COVID-19 pandemic, and ensure better realization of the rights and welfare of women and girls such as Legal Framework Reform, Socio Economic Empowerment of Women and girls, Community Mobilization and Behaviour Change Communication, Awareness Creation, and establishment of Sexual Assault Referral and Counselling Centres.
ORIGINAL RESEARCH ARTICLE | Jan. 24, 2022
Beyond the Socratic Method: Exploring Alternative Theories in Legal Education
Kenneth I. Granle Jr.
Page no 22-29 |
10.36348/sijlcj.2022.v05i01.004
Legal education has changed very little over the last century. At the same time, there have been significant advances in the field of education leading to several theories. The following will examine the five leading theories of education: connectivism, humanism, constructivism, cognitivism, and behaviorism. Each of these will be evaluated next to the Socratic Method, which is the primary method employed by law school instructors. Specific examples of how some of these theories have surfaced in law school and how the Socratic Method embodies other theories will be noted. The effect of technology on law school instruction will also be addressed. The overall goal of this article is to reveal how these theories can be utilized in the law school setting to produce highly competent graduates who will improve the efficacy of the field as a whole. Anecdotal example from North American and African law schools will underscore the notions put forth in this article.
ORIGINAL RESEARCH ARTICLE | Jan. 24, 2022
Reconstruction of Criminal Policy for Police Personnel who Abused Drugs Based on Justice Value
Buala Zega, Gunarto, Mahmud Mulyadi
Page no 30-36 |
10.36348/sijlcj.2022.v05i01.005
The background of this research is to find the weaknesses of the current Criminal Policy for Police Personnel Who Abused Drugs and how to Reconstruct the Criminal Policy For Police Personnel Who Abused Drugs Based On Justice Value. This research is a normative-legal type of research that is used to examine the function of a norm that lays the law as an instrument that regulates and controls society. The approach used in this research is conceptual, a statute approach, a philosophical approach, and a comparative approach. The analysis used in this research is descriptive-qualitative. The results show that Police officers who are suspected of using narcotics and subjected to the investigation must still be considered innocent until proven through a court decision that has permanent legal force (the principle of presumption of innocence) as stipulated in Article 8 paragraph (1) of Law no. 48 of 2009 concerning Judicial Power. However, in reality, the enforcement of the police professional code of ethics against members of the police who are entangled in criminal cases of narcotics abuse has not been carried out properly as the police still do not immediately take firm action against members who are entangled in criminal cases of narcotics abuse, it is impressed that the police are still protecting their members and are considered after the members have been tried in general court and were found guilty of committing a narcotic crime. The police should be able to monitor their members more and instill a higher law-abiding attitude so that their members can avoid criminal acts of drug abuse, such as urine tests. For those who have the authority to prosecute violations of the code of ethics committed by members of the police, they should be more strict in taking action against police who are caught in narcotics use cases and should be rehabilitated as soon as possible, not fired or imprisoned.