BiLD Law Journal

LEGAL PROTECTION FOR VICTIMS OF DOMESTIC VIOLENCE BASED ON THE VALUE OF JUSTICE

2023-09-05

Law No. 23/2004 on the Eradication of Domestic Violence, hereinafter abbreviated as the PKDRT Law, is used as a legal umbrella in the prevention and resolution of cases of domestic violence. However, in fact, this legal breakthrough (PKDRT Law) still encounters many obstacles in its enforcement. There are many reasons and obstacles why domestic violence cases are not continued or resolved through legal channels, including because the victim does not want the case to be known to many people, the victim does not want to deal with the case for too long (complaint offense), the victim wants to get out of domestic violence as soon as possible, the victim is reluctant to deal with the police, and so on. Examining and proving domestic violence cases is also quite difficult because generally victims do not want to be witnesses and do not report the violence they experience. In Law Number 23 Year 2004 on the Elimination of Domestic Violence. Its determination as a crime with the threat of criminal law is strongly influenced by a situation where cases of domestic violence are increasingly strong and open to provoke strong public reactions. A perpetrator of physical violence in the household based on "the provisions of Article 44 paragraph (1) may be punished with imprisonment for a maximum of 5 (five) years or a maximum fine of Rp. 15,000,000.

RECONSTRUCTION OF CRIMINAL REGULATION REPLACEMENT CASH IN EFFORTS TO OVERCOME CRIMINAL ACTIONS BASED ON JUSTICE VALUE

Hasanal Mulkan, Sri Endah Wahyuningsih, Anis Mashdurohatun, Mahmutarom HR — 2023-09-05

Criminal acts of corruption in Indonesia are still quite rampant which not only harms the state's finances but also violates human rights which include social and economic rights at large, corruption is no longer a national problem, but has become a transnational phenomenon so that and the reality of what has been attempted and has been caused by the parties who commit criminal acts of corruption. One of the efforts made is to overcome the compensation money in an effort to eradicate corruption based on the value of justice. The method in this study was carried out using qualitative methods where data collection through secondary data collection related to the object of research was adjusted to the specifications of descriptive research. Efforts are being made to improve and renew the Indonesian legal system in legal substance, legal construction and legal instruments regarding the confiscation and return of assets, making and ratifying laws and regulations relating to the seizure of assets, the existence of special rules as the legal basis and basis for law enforcement in carrying out their duties. confiscation and return of assets.

INSPECTION PRIVACY IN THE DIGITAL ENVIRONMENT

Dr. Mehdaoui Mohammed Salah, Khelifi Fatiha — 2023-08-26

This research studies crime inspection in the digital environment. Ithas characteristics that distinguish it from inspection in its traditional sense. It is about the way the crime is committed, which is the computer. Inspection of the digital environment also requires objective and formal controls in order to be properly performed.

THE E-LITIGATION IN ALGERIA BETWEEN JUSTICE MODERNITY AND THE VIOLATION OF THE HUMAN RIGHTS

Dr. Chikh Mohamed Zakaria — 2023-12-25

The world has witnessed a new era of technological development in information and communication, which positively affected the judicial work. In this regard, many international legislations adopted the electronic litigation in their legal and judicial systems because it facilitates settling the issues, alleviates the burdens for the litigants, and improves the judicial work quality. The Algerian legislator adopted the e-litigation, in his quest for modernizing the justice sector, by Law 15/03 on modernizing the justice, and Law 20/04 that complements and supplements the penal procedures code to achieve the successful justice. Thus, this paper aims at studying the e-litigation system through tacking its advantages and obstacles.

THE TRANSFORMATION OF THE RIGHT TO HEALTH'S CONTENT BY MULTINATIONAL CORPORATIONS

Djagham Mohamed, Faiza Dahmouche — 2024-03-09

The right to health is often classified as a second-generation right despite its complex nature in which civil, political, and social imperatives overlap, as the right to health is a true embodiment of the saying of the interdependence and indivisibility of rights.

Despite the multiplicity and diversity of texts that guarantee the right to health at the global and regional levels, directly and indirectly, the effective enjoyment of this right at the actual level has not lived up to the aspirations that these texts establish, given the activity of the pharmaceutical multinationals that have transformed the right to health into a purely capitalist activity.

THE LEGAL MECHANISMS FOR PROTECTING VICTIMS OF BLOOD TRANSFUSION CONTAMINATED WITH HIV

Abbar Omar, Faraoun Mohamed — 2023-12-15

The process of blood transfusion is considered one of the major negative factors in the transmission of the HIV virus. This occurs when patients receive contaminated blood, especially before the implementation of blood testing programs in healthcare institutions, medical facilities, and blood transfusion centers in countries. Consequently, many victims of AIDS have been unable to file legal claims against these institutions due to societal norms and perceptions of the disease. It is important to note that blood transfusion centers are responsible for achieving accurate results, as they are obligated to collect and store disease-free blood and viruses for patients in need, such as those undergoing surgical procedures, organ transplants, and individuals requiring blood transfusions following car accidents or those with hemophilia or kidney failure.

Therefore, a blood transfusion center that aims to provide clean blood must analyze donated blood using precise biological standards and techniques to eliminate any possibility of error in the results. This ensures the preservation of healthy blood. Conversely, relying on ineffective techniques by some laboratories can lead to inaccurate results, which may hold the center responsible for the transmission of contaminated blood and potentially result in the death of the recipient. Determining liability can be challenging, making the issue of compensation difficult to resolve.

CRIMINAL PROTECTION OF THE ENVIRONMENT IN ALGERIAN LEGISLATION: AN ANALYTICAL STUDY BASED ON THE PROVISIONS OF LAW 03-10 ON ENVIRONMENTAL PROTECTION WITHIN THE FRAMEWORK OF SUSTAINABLE DEVELOPMENT

Dr. Bouker Rachida, Dr. Bouzid Khaled — 2023-12-15

Environmental crime has become the third largest crime globally, trailing only behind the illegal drug trade and forgery crimes, leaving behind a trail of deadly diseases previously unheard of and thereby threatening human life safety. This has prompted the Algerian legislature to issue Law No. 03-10 on environmental protection within the framework of sustainable development. From this perspective, it is essential to question the extent to which this law establishes comprehensive objective and procedural criminal protection for the environment