Results 41 to 50 of about 4,937 (154)

ON CUSTOMARY LAW RESOLUTION OF DISPUTES AND CONFLICTS (BY THE EXAMPLE OF THE SOUTH PACIFIC REGION)

open access: yesГуманитарные и юридические исследования, 2021
The paper covers the ways of resolving legal conflicts in the customary law of peoples living in the South Pacific region. The problems of using the achievements of customary law in the sphere of legal disputes resolution in various legal systems of ...
Roman Gabrilyan
doaj  

Critical Analysis of Living Law Formulation in Law No. 1 of 2023 Concerning the Criminal Code: Towards Law Reform to Realize Justice with the Spirit of Pancasila

open access: yesJournal of Law and Legal Reform
The government is trying to reform national law in the field of criminal law by drafting a Criminal Code Bill (RUU KUHP) to replace Wetboek van Strafrecht.
Aris Hardinanto   +4 more
doaj   +1 more source

Beyond the Traditional Courts Bill: Regulating customary courts in line with living customary law and the Constitution

open access: yesSouth African Crime Quarterly, 2011
This article discusses flaws in the Traditional Courts Bill in light of research that shows customary courts to operate in accordance with a model that is very different from that adopted by the Bill. Customary courts are not professional institutions but community-based discussion forums, thus participation in them is inclusive of the broad community ...
openaire   +5 more sources

Reflections on the Customary Laws of Benin Kingdom and Its Living Cultural Objects in the Discourse of Ownership and Restitution

open access: yesSantander Art and Culture Law Review, 2022
The British punitive expedition of 1897 led to the theft and vandalization of the cultural heritage of the Benin kingdom. The plunder included more than 3,000 cultural objects made of bronzes, ivories, beads, and other objects, which were produced since the 1st century AD to commemorate historical moments, political transitions, and ritual purposes ...
Oluwatoyin Sogbesan, Tokie Laotan-Brown
openaire   +1 more source

Curriculum Decolonisation and Revisionist Pedagogy of African Customary Law

open access: yesPotchefstroom Electronic Law Journal, 2019
Fees-related protests in South African universities have pushed the decolonisation of the law curriculum to the front burner of academic discourse. As part of the curriculum, African customary law was marginalised in the courts, distorted by policy ...
Anthony Chima Diala
doaj   +1 more source

Customary Law for Equitable Spatial Planning: Preventing Social Bankruptcy and Enhancing Community Welfare

open access: yesSASI
Introduction: This study examines the role of customary law as an instrument for equitable spatial planning in preventing socio-economic bankruptcy and enhancing the welfare of indigenous communities in Indonesia.
Muhammad Ali Adnan   +2 more
doaj   +1 more source

Integration of the Bride as a Requirement for a Valid Customary Marriage: Mkabe v Minister of Home Affairs [2016] ZAGPPHC 460

open access: yesPotchefstroom Electronic Law Journal, 2018
Since the Recognition of Customary Marriages Act 120 of 1996 was promulgated in 15 November 2000 the courts are faced with the daunting task to determine whether a customary marriage is valid under the Act.
Pieter Bakker
doaj   +1 more source

Living Law in Indonesia’s New Criminal Code: Legal Controversies and its Relevance with the Urf

open access: yesJurnal Hukum Islam
The concept of living law in the new Criminal Code has sparked debate because of the potential for legal uncertainty, multiple interpretations, and the risk of criminalization.
Asmawi   +4 more
doaj   +1 more source

THE EXISTENCE OF LIVING LAW IN CRIMINAL LAW REFORM: EXPANSION OF THE PRINCIPLE OF LEGALITY

open access: yesJustitia Et Pax
The implementation of WvSvNI as a rule of criminal law in Indonesia after the proclamation of independence of the Republic of Indonesia automatically enforces the principle of formal legality embedded in it.
Itok Dwi Kurniawan
doaj   +1 more source

Traditional Society Assessed From Legal Sociology

open access: yesYurisdiksi: Jurnal Wacana Hukum dan Sains, 2021
Law as a cultural product has always existed in every society, both traditional and primitive societies. Law develops and grows in society itself. Laws are not formed, but laws are found.
Bagus Kurnianto
doaj  

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