Hukum dan masyarakat merupakan dua hal yang berhubungan secara erat, sebagai mana Cicero mengatakan, “Ubi Societas Ibi Ius” artinya, dimana ada masyarakat maka di situ ada hukum. ...Peranan hukum dalam transformasi masyarakat dari 4.0 menuju 5.0 sangat penting. Kesiapan sistem hukum: Struktur hukum (struktur of law), substansi hukum (substance of the law) dan budaya hukum (legal culture) sangat penting. Transformasi diharapkan dapat mewujudkan regulasi yang tertib, sederhana dan responsif. Dilakukan dengan menyesuaikan situasi dan kondisi yang terjadi tanpa menanggalkan nilai-nilai yang dianut oleh masyarakat Indonesia. Bertumpu pada etika universal yang terkandung pada Pancasila dan UUD 1945. Dilakukan dengan langkah-langkah strategis mencakup: Legislasi, sumber daya manusia, kelembagaan, dan budaya hukum sehingga tujuan berbangsa dan bernegara dalam transformasi skala nasional, regional dan global dapat terlaksana. Sistem hukum harus bisa mengejar perkembangan teknologi sehingga penerapan hukum yang ideal dan dikehendaki dapat terwujud. Penelitian ini membahas: Bagaimana kesiapan sistem hukum Indonesia dalam transformasi masyarakat dari 4.0 menuju 5.0? dengan menggunakan metode penelitian hukum normatif (yuridis normatif).
El presente artículo aborda el estudio de la cláusula de salvaguarda en los acuerdos de reorganización empresarial. Con base en el método de la investigación teórica, luego de la revisión de algunos ...ordenamientos jurídicos extranjeros sobre cláusulas abusivas, los autores identifican los aspectos que podrían llevar a que dicha cláusula pueda calificarse como abusiva.
Challenging the long-cherished notion of legal objectivity in the
United States, Carl Gutiérrez-Jones argues that Chicano history has
been consistently shaped by racially biased, combative legal
...interactions. Rethinking the Borderlands is an insightful
and provocative exploration of the ways Chicano and Chicana
artists, writers, musicians, and filmmakers engage this history in
order to resist the disenfranchising effects of legal institutions,
including the prison and the court. Gutiérrez-Jones examines the
process by which Chicanos have become associated with criminality
in both our legal institutions and our mainstream popular culture
and thereby offers a new way of understanding minority social
experience. Drawing on gender studies and psychoanalysis, as well
as critical legal and race studies, Gutiérrez-Jones's approach to
the law and legal discourse reveals the high stakes involved when
concepts of social justice are fought out in the home, in the
workplace and in the streets.
Policing and punishment are unevenly distributed across geographic space. Research analyzing place-based variation in the criminal legal system is increasing, asking how community conditions ...contribute to variation in criminal justice outcomes and how multiple criminal justice exposures (e.g., policing and punishment) vary together in places. In this article, we identify spatial-contextual analyses of the criminal legal system and summarize their contributions by organizing them by their three major approaches: those emphasizing crime, urban ecology, or social control. We describe challenges the subfield faces, including an overemphasis on large cities and an overcommitment to analyzing criminal justice institutions like police or prisons discretely, when they are often experienced cumulatively and simultaneously. We call for research that transcends received institutional divisions, generates recommendations for stakeholders at multiple scales, makes greater use of formal spatial modeling, and analyzes places across the urban-rural continuum.
Institutional betrayal (IB) is well-documented among survivors of gender-based violence seeking help and/or reporting incidents of violence in various settings, including college campuses and health ...care settings. Two of the most common institutions from which survivors seek help are the criminal and civil legal systems; however, less is known about the experiences of IB among survivors interfacing with those systems. Previous studies exploring IB have implemented the Institutional Betrayal Questionnaire (IBQ) and its various adaptations, but this scale has not yet been analyzed in the criminal or civil legal context, nor has it been analyzed among racially marginalized survivors. This paper explores the potential for utilizing the IBQ-Health among a sample of 199 Black and Hispanic survivors of intimate partner violence (IPV) who sought help from the criminal and/or civil legal system(s). An exploratory factor analysis was conducted to explore the fit of the measure to the data. Results suggest that the measure as it has previously been used does not demonstrate strong reliability or fit with this population or institution. Possible explanations and future directions are explored, including support for developing and piloting a new measure to assess IB among Black and Hispanic survivors of interpersonal violence who are seeking help from criminal and civil legal institutions.
How objective are forensic experts when they are retained by one of the opposing sides in an adversarial legal proceeding? Despite long-standing concerns from within the legal system, little is known ...about whether experts can provide opinions unbiased by the side that retained them. In this experiment, we paid 108 forensic psychologists and psychiatrists to review the same offender case files, but deceived some to believe that they were consulting for the defense and some to believe that they were consulting for the prosecution. Participants scored each offender on two commonly used, well-researched risk-assessment instruments. Those who believed they were working for the prosecution tended to assign higher risk scores to offenders, whereas those who believed they were working for the defense tended to assign lower risk scores to the same offenders; the effect sizes (d) ranged up to 0.85. The results provide strong evidence of an allegiance effect among some forensic experts in adversarial legal proceedings.
Abstract
Jail incarceration substantially transforms romantic relationships, and incarceration may alter the commitment between partners, thereby undermining or strengthening relationships. In this ...article, we use in‐depth interviews with 85 women connected to incarcerated men (as current or former romantic partners) to explore how women articulate relationship changes that stem from their partner's jail incarceration, a common but understudied form of contact with the criminal legal system. We identify three interrelated and mutually reinforcing processes, which are shaped by and shape a partner's commitment to the relationship. First, incarceration produces liminality in the status of the relationship. Second, incarceration fosters women's sense of independence from their incarcerated partners. Third, incarceration creates space for partners to reevaluate how they prioritize the relationship in their lives. Jail incarceration intervenes in romantic relationships at different points during each relationship, and accordingly, women experience heterogeneity in processes of liminality, independence, and reprioritization. These processes contribute to differential relationship experiences, with some relationships deteriorating during incarceration, others strengthening, and others neither deteriorating nor strengthening. By systematically uncovering these processes linking jail incarceration to romantic relationships, we advance an understanding of how the criminal legal system can shape relationship commitment processes and inequalities among families.
While recent research has illustrated the frequency and deleterious consequences of eviction, the number of executed evictions pales in comparison to the number of poor families threatened with ...eviction. This paper uses interviews with 127 randomly sampled landlords and property managers in Baltimore, Dallas, and Cleveland to examine their strategies related to eviction, with a focus on the extended process of evicting rather than the discrete instance of eviction. We find that landlords generally try to avoid costly evictions, instead relying on the serial threat of eviction. By redefining renters as debtors, filing assists in rent collection by leveraging the state to materially and symbolically support the landlord's debt collection. At the same time, housing tenants in small amounts of arrearage aggravates the power imbalance within the landlord–tenant relationship. It gives landlords the legal pretext to remove a tenant for any reason and prevents tenants from exercising their legal rights regarding code enforcement. These findings emphasize the importance of examining the precarious and power‐laden relationship of landlords and tenants while they are still in residence. Poor families live under constant threat of eviction, facing housing insecurity, fees, and legal sanction, with negative impacts for their sense of home and community.
