Rechtsidee

Punishment for Perpetrators with Special Needs (Disability) in the Current Criminal Process

Lutfah Rahayu — 2024-11-01

General background of this research emphasizes the state's vital role in ensuring the rights of persons with disabilities within the legal framework, particularly in criminal proceedings. The specific background highlights the challenges these individuals face in the justice system, often encountering biases that hinder their access to justice. The knowledge gap identified indicates a lack of comprehensive research on the legal treatment and punishment of offenders with disabilities in Indonesia, especially under the new Criminal Code. This research aims to analyze punishment implementation for such offenders and the collaboration between judges and psychiatrists for fair legal processes. The results reveal that a normative descriptive method, incorporating expert assessments and judicial discretion, is crucial for adjudicating these cases. The novelty lies in proposing a collaborative approach that encourages judges to consider legal principles alongside individual circumstances. The implications advocate for systemic reforms to enhance protections and treatment of persons with disabilities in the criminal justice system, ensuring equitable rights and justice for all citizens. This study contributes to the dialogue on legal reform and social justice, urging policymakers to foster an inclusive legal environment.

Highlights:

Emphasizes the importance of integrating expert assessments in legal proceedings for offenders with disabilities.
Advocates for a collaborative approach between judges and psychiatrists to ensure fair treatment.
Highlights the need for systemic reforms to protect the rights of persons with disabilities in the justice system.

Keywords: Disability, Punishment, Legal Reform, Equality, Criminal Offenders

Legal Analysis of CSR Practices on Community Welfare in the Textile Industry

Maharani Octavia Yosie Saputri — 2024-08-20

General Background: Corporate Social Responsibility (CSR) is integral to sustainable economic development and improving community welfare through responsible corporate engagement with stakeholders and the environment. Specific Background: The application of CSR varies significantly across different industrial sectors, influenced by local regulations and company-specific challenges. Knowledge Gap: Comprehensive analysis on the legal aspects and practical implications of CSR in specific industries, such as textile manufacturing, remains limited. Aims: This study aims to evaluate the legal frameworks governing CSR and their impact on community welfare within the textile industry. Results: Findings reveal effective integration of CSR, with a focus on education, health, and environmental sustainability, aligning with legal standards of transparency and accountability. Novelty: The research provides a focused analysis on legal CSR mandates within the textile sector, highlighting specific corporate practices and compliance. Implications: The study highlights the necessity of aligning corporate strategies with legal and ethical standards to enhance social and environmental wellbeing, suggesting more equitable CSR implementation across industries.

Highlights:

Legal Compliance: Adherence to CSR laws ensuring transparency and accountability.
Community Impact: Effectiveness of CSR in improving local welfare, especially in education and health.
Sustainability Practices: Integration of environmental sustainability in corporate strategies.

Keywords: Corporate Social Responsibility, Community Welfare, Transparency, Accountability

Judicial Reduction of Penalties in Georgian Civil Law: Balancing Debtor and Creditor Rights

Natia Rekhviashvili — 2024-10-15

General Background: Judicial discretion in the reduction of penalties plays a crucial role in balancing the interests of contracting parties under the Civil Code of Georgia. Specific Background: Article 420 grants courts the authority to reduce disproportionately high penalties, yet the lack of explicit legal criteria leaves room for case-by-case judicial interpretation. Knowledge Gap: Despite the volume of case law, there remains no standardized framework guiding courts in determining what constitutes an “inappropriately high” penalty. Aims: This study seeks to analyze Georgian court decisions to identify patterns and criteria employed when reducing penalties under Article 420. Results: The findings reveal that courts emphasize proportionality, reasonableness, and the specific circumstances of the breach, including the degree of fault and the scope of unfulfilled obligations. Moreover, the financial status of the parties and market expectations further influence judicial decisions. Novelty: This article consolidates judicial practices to offer a comprehensive framework for reducing penalties, contributing to both theoretical understanding and practical application in legal practice. It introduces a calculation methodology and suggests criteria for equitable penalty reduction in specific legal relationships. Implications: These insights will support legal practitioners in formulating fairer contracts, assist courts in maintaining contractual balance, and guide future legal reforms, fostering both justice and efficiency in contractual relationships.
Highlights:

Georgian courts use proportionality and reasonableness to reduce penalties under Article 420.
The absence of explicit legal criteria allows case-by-case interpretation, ensuring flexibility but creating inconsistency.
Financial status, market expectations, and fault degree influence the court’s discretionary decisions.

Keywords: Penalty, Discretionary Power, Civil Code, Contractual Balance, Judicial Practice

The Conflict and Competition among Regional Powers and its Effect on the Region’s Stability

Saleem F. Aljebori — 2024-06-29

This article explores the longstanding regional animosities and power rivalries among Turkey, Iran, and Saudi Arabia in the Middle East, focusing on their impact on regional peace and stability. Despite extensive research on Middle Eastern geopolitics, there is a need for a comprehensive understanding of how these rivalries shape the region's security dynamics. The study aims to analyze the geopolitical goals driving these powers towards regional dominance, including territorial disputes, religious or ethnic tensions, resource distribution issues, and ambitions to alter the regional structure. Using qualitative analysis of historical and contemporary conflicts, the research highlights how sectarian warfare, proxy wars, and transnational violence contribute to regional instability. The findings reveal that the use of proxies by regional powers exacerbates tensions, leading to humanitarian crises and escalating conflicts. This study underscores the necessity for diplomatic interventions and international cooperation to mitigate the adverse effects of these rivalries on the Middle East's stability.

Highlights:

Dominance Goals: Driven by territorial, religious, and resource issues.
Proxy Wars: Heighten instability and humanitarian crises.
Regional Impact: Escalate tensions and threaten peace.

Keywords: Middle East, Proxy Wars, Sectarianism, Geopolitical Interests, Destabilization