Restoring the Rule of Law in Nepal: Can Transitional Justice Deliver Without Criminal Justice?

2019 ◽  
Author(s):  
Nikhil Narayan
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Transitional Justice ◽  
The Rule Of Law

Reaktualisasi Proses Penyidikan oleh Kepolisian Berbasis Nilai-Nilai Pancasila dan Optimalisasi Pemanfaatan Teknologi

Jurnal Hukum ◽  
2016 ◽  
Vol 31 (2) ◽  
pp. 1737
Author(s):  
Ira Alia Maerani
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Public Prosecutor ◽  
Public Confidence ◽  
The Rule Of Law ◽  
Positive Law ◽  
Use Of Technology ◽  
The Times

Abstract                Indonesian Criminal Justice System consists of the police, public prosecutor and the courts. The role of the police investigators is certainly vital as the frontline in building public confidence in the rule of law in Indonesia. The role of the investigator is quite important in realizing society’s  justice. The era of globalization requires a pattern fast-paced, instant, measurable, and transparent of life and it requires investigators to follow the times by optimizing the use of technology. The aim of this study is to give effect to the rule of law in Indonesia that provides fairness, expediency and certainty. However, it considers to have priority of Pancasila values in the process of inquiry and investigation. The values of supreme divinity, God (religious), humanity, unity, democracy and justice are values that establish a balance (harmony) in enforcing the law. Law and its implementation can create product which meets the demands for social justice. This paper will examine the role of the investigator according to positive law currently in force as well as the role of investigator in implementing the values of Pancasila, accompanied by optimizing the use of technology. Keywords: Re-actualizing, Investigation, Police, values of Pancasila, Technology   AbstrakSistem Peradilan Pidana Indonesia meliputi institusi kepolisian, kejaksaan, dan pengadilan. Peran penyidik dalam institusi kepolisian tentunya amat vital sebagai garda terdepan dalam membangun kepercayaan masyarakat terhadap penegakan hukum di Indonesia. Peran penyidik amat besar dalam terwujudnya keadilan di masyarakat. Era globalisasi yang menuntut pola kehidupan yang serba cepat, instan, terukur, dan transparan menuntut penyidik untuk mengikuti perkembangan zaman dengan mengoptimalkan pemanfaatan teknologi. Tujuannya adalah untuk memberikan arti bagi penegakan hukum di Indonesia yakni memberikan keadilan, kemanfaatan, dan kepastian. Namun yang harus diperhatikan adalah mengutamakan nilai-nilai Pancasila dalam melakukan proses penyelidikan dan penyidikan. Nilai-nilai ketuhanan yang maha esa (religius), kemanusiaan, persatuan, kerakyatan dan keadilan merupakan nilai-nilai yang membangun keseimbangan (harmoni) dalam menegakkan hukum. Sehingga produk hukum dan pelaksanaannya memenuhi rasa keadilan masyarakat. Tulisan ini akan mengkaji tentang peran penyidik menurut hukum positif yang saat ini berlaku serta peran penyidik dalam mengimplementasikan  nilai-nilai Pancasila dengan diiringi optimalisasi pemanfaatan teknologi.Kata Kunci: Reaktualisasi,Penyidikan,Kepolisian,Nilai-nilai Pancasila,Teknologi

Stakeholder Theory and Justice Issues: The Leap from Business Management to Contemporary International Law

2010 ◽  
Vol 10 (2) ◽  
pp. 143-180
Author(s):  
Bronik Matwijkiw ◽  
Anja Matwijkiw
Keyword(s):  
United Nations ◽  
International Law ◽  
Stakeholder Theory ◽  
Rule Of Law ◽  
Transitional Justice ◽  
Business Management ◽  
Secretary General ◽  
The Rule Of Law ◽  
Post Conflict ◽  
The United Nations

AbstractIn this article, the two authors examine the leap from business management to contemporary international law in the context of stakeholder theory. Because stakeholder theory was developed for business management, they provide a thorough account of the original framework. Furthermore, to illustrate the theory's application as a recently adopted parameter for the United Nations, they use former Secretary-General Kofi Atta Annan's 2004-report to the Security Council, "The Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies". Proceeding on the hypothesis that while all premises ultimately match traditional positions in general jurisprudence, it appears that stakeholder theory nevertheless forces the United Nations to take sides in an unprecedented manner, especially pertaining to rights-typology and the credentials-checking for this. Finally, some of the most important implications are distilled as part of an attempt to formulate a few recommendations for United Nations justice managers and administrators.

The Politics of Public Order, 1795–1802

2014 ◽  
Author(s):  
Howard G. Brown
Keyword(s):  
Rule Of Law ◽  
Transitional Justice ◽  
Liberal Democracy ◽  
Public Order ◽  
Law And Order ◽  
The Rule Of Law ◽  
The Road ◽  
Basic Law ◽  
National Convention ◽  
New System

The Thermidorian National Convention, despite some efforts at ‘transitional justice’, failed to master the legacies of the Terror. Therefore, the fledgling regime needed to impose the new republican political order while also restoring basic law and order—two tightly entwined tasks. The Constitution of 1795 articulated a liberal democracy based on the rule of law, but political instability and endemic lawlessness led first to multiple violations of the constitution, especially in the wake of elections, and a steady shift from democratic republicanism toward ‘liberal authoritarianism’. This shift received added impetus during waves of repression intended to restore order on strictly republican terms. The result was the creation a new ‘security state’, one that combined coercive policing, administrative surveillance, exceptional justice, and militarized repression. The emergence of the new system helped to restore order, and thereby to legitimize the Consulate, but it also paved the road to personal dictatorship in 1802.

s.VII Anxieties, Ch.28 Hangman’s Perspective: Three Genres of Critique following Eichmann

2020 ◽  
Author(s):  
Mann Itamar
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
International Criminal ◽  
Political Community ◽  
International Criminal Justice ◽  
Criminal Trials ◽  
The Rule Of Law ◽  
Adolf Eichmann ◽  
Object Of Study ◽  
International Criminal Trials

This chapter takes Adolf Eichmann as an object of study in subjecting international criminal trials to three types of critique. First, adopting the perspective of the rule of law, this chapter engages with Hannah Arendt’s writing on the Eichmann trial to argue that international criminal trials are constantly suspected of becoming ‘show trials’. Second, turning to Shoshana Felman’s work, the chapter identifies a genre of critique according to which international criminal justice is premised on an experience of catharsis, in which the trauma of atrocity’s victims is alleviated (constituting a post-atrocity political community). Finally, this chapter analyzes a 2010 film that reveals the trauma of the man who executed Eichmann, to show the unacknowledged risks of wielding the violence of criminal justice. Based on this ‘hangman’s perspective’, the chapter suggests assessing international criminal trials in light of questions about the transnational allocation of such risks and about preexisting inequalities—economic, ethnic, and other—that determine the roles different people will end up playing in trials.

Part III Regimes and Doctrines, Ch.38 Theories of Transitional Justice: Cashing in the Blue Chips

2016 ◽  
Author(s):  
Nesiah Vasuki
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Transitional Justice ◽  
The Other ◽  
Practical Significance ◽  
Political Society ◽  
Political Imagination ◽  
The Rule Of Law ◽  
The One

This chapter examines the utopias called forth by the marriage of human rights accountability mechanisms on the one hand, and, on the other, arguments about the practical significance of these initiatives as preconditions for development, democracy, and political society. Transitional justice is seen to marry the ethical charge of the human rights field’s march against impunity, with an instrumental potential facilitating transition from the rule of violence into the rule of law. If the normative theories and agendas implicated by this marriage are advanced as being in the interests of justice, the accompanying instrumental theories and agendas are advanced in the interests of transition. Justice and transition operate here as allied and mutually reinforcing aspirations of and rationales for transitional justice institutions. Thus, this chapter identifies and analyses the stakes that attend this marriage of ‘ethics’ and ‘expertise’ in constituting the utopian political imagination of transitional justice.

“Justice Is Something That Is Unheard of for the Average Negro”: Racial Disparities in New Orleans Criminal Justice, 1920–1945

2020 ◽  
Author(s):  
Jeffrey S Adler
Keyword(s):  
Criminal Justice ◽  
Racial Disparities ◽  
Race Relations ◽  
New Orleans ◽  
Rule Of Law ◽  
Jim Crow ◽  
Small Minority ◽  
The Rule Of Law ◽  
Racial Biases ◽  
The Social

Abstract Historians of race relations and criminal justice have emphasized the ways in which the rule of law emerged as a mechanism of racial control in the early twentieth-century South, gradually supplanting rough justice. This essay examines the protracted, uneven pace of this transformation and the development of Jim Crow criminal justice in New Orleans. An analysis of the adjudication of homicide cases in New Orleans between 1920 and 1945 reveals that the majority of black-on-white homicides did not result in convictions, and only a small minority of African Americans suspected—or even convicted—of interracial murder went to the gallows. But racial disparities in convictions and executions widened dramatically during the interwar era. Thus, this essay analyzes the social, cultural, and legal shifts that expanded race-based differentials in criminal justice. It also argues that, ironically, Jim Crow prescriptions intensified white fears of African American crime and helped to generate the anxieties that legal measures were imposed to address, increasing racial disparities and making racial biases in criminal justice self-perpetuating.

scholarly journals The Challenge of the Bad Man

2013 ◽  
Vol 58 (2) ◽  
pp. 451-480 ◽  
Author(s):  
Michael Plaxton
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Criminal Law ◽  
Legal Order ◽  
Recent Discussion ◽  
The Rule Of Law ◽  
Criminal Justice Systems ◽  
Moral Problems ◽  
Douglas Husak

H.L.A. Hart’s insight, that some people may be guided by an offence provision because they take it as authoritative and not merely to avoid sanctions, has had an enormous influence upon criminal law theory. Hart, however, did not claim that any person in any actual legal order in fact thinks like the “puzzled man”, and there is lingering doubt as to the extent to which we should place him at the center of our analysis as we try to make sense of moral problems in the criminal law. Instead, we might find that our understanding of at least some issues in criminal law theory is advanced when we look through the eyes of Holmes’ “bad man”. This becomes clear when we consider the respective works by Hart and Douglas Husak on overcriminalization, James Chalmers and Fiona Leverick’s recent discussion of fair labeling, and Meir Dan-Cohen’s classic analysis of acoustic separation. These works also suggest, in different ways, that an emphasis on the bad man can expose the role of discretion in criminal justice systems, and the rule of law problems it generates.

Introduction

2017 ◽  
Author(s):  
Michael J. Pfeifer
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Western Europe ◽  
Ad Hoc ◽  
Local Authority ◽  
The United States ◽  
The Rule Of Law ◽  
Self Help

This introductory chapter discusses how the origins of American lynching can best be understood as a national, and a transnational, process of cultural and legal formation. Diverging significantly from England and western Europe, the United States' transition to a capitalist economy was not accompanied by the emergence of a strong, centralized national state that claimed and enforced an exclusive monopoly over violence and the administration of criminal justice to secure the rule of law. Rather, American criminal justice developed along a distinctive path that emphasized local authority and opinion, self-help and ad hoc law enforcement practices, and the toleration of extralegal violence. Lynching was an important aspect of this distinctive American trajectory from the late eighteenth through the early twentieth centuries.

Decolonizing Justice in Tunisia

2019 ◽  
pp. 22-39
Author(s):  
Corinna Mullin ◽  
Nada Trigui ◽  
Azadeh Shahshahani
Keyword(s):  
Twentieth Century ◽  
Rule Of Law ◽  
North Africa ◽  
Transitional Justice ◽  
Regime Change ◽  
Nazi Germany ◽  
Revolutionary Change ◽  
The Rule Of Law ◽  
Popular Justice ◽  
Justice Process

Building on decades of struggle, the January 2011 Tunisian uprising triggered a wave of popular revolt that spread across North Africa and West Asia. After the uprising, Tunisia became the focus of a celebrated project of transitional justice, which is now the globally mandated method of reconciling victims and perpetrators following a nonrevolutionary regime change. However, Tunisia's process of transitional justice must be critically examined. The very paradigm employed—that is, the rule of law that transitional justice consistently seeks to impose—is skewed in favor of imperial interests, which can be traced to the paradigm's origins in the mid–twentieth century victory of European powers over Nazi Germany and its allies. There are other models of justice, however, that are not rooted in this Eurocentric victor's history, but instead derive from revolutionary traditions. A key one is the People's Tribunal, used since the late 1960s. The convening of a People's Tribunal in Tunisia could help amplify and extend the popular-justice claims that surfaced during the country's recent transitional-justice process. Establishing such a tribunal might help build a symbolic reservoir and organizational force that could ultimately contribute to substantial revolutionary change in the country.

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