The view of judicial activism and public legitimacy

Abstract

The underlying legitimacy issue that underlies sentences related to issues of drug use remains unexplored. It is this relationship between legitimacy and Indonesian judges' accountability when sentencing that the writer will see further in this field. This paper presents judicial activism, and the perceived public legitimacy when sentencing minor drug offenders. To get an insight into the judicial aim of sentencing minor drug offenders, 31 judges were qualitatively interviewed. It drew the import of the findings of judicial activism and public legitimacy to conclude the work. This report introduces the finding in which judicial activism that was influenced by Islamic culture goes together, that Islamic more sympathetic, instead of the central government more punitive, the ways in which the Indonesian judge use that Islamic culture to support the rehabilitative problem-solving sentences. This report discusses a direct accountability mechanism that may be similar to political accountability in the Anglo-Saxon legal scheme.

Empowerment of Women with Narcotic Cases

“…A study evaluating Scottish DTTO showed that DTTO contributed to a 41% reduction in reassurance 12 months after DTTO (Mustafa, C. (2021a). This is partly a reflection of the DTTO targeting high tariff violators (Mustafa, C. (2021b). Although the lack of special services for women may result in an increase in abuse by women, there is evidence to suggest that "involuntary treatment" via DTTO may have contributed to a reduction in drug use compared to "voluntary treatment" in the same service (Mustafa, C. (2021c).…”

“…DTTO II targets lowerrate violators. DTTO II monitoring is carried out every 6-8 weeks for a period of fewer than 12 months (Mustafa, C. (2021b). Previous studies have shown that DTTO II is overused by women even though there are fewer women in the Criminal Justice System (49% of women receiving DTTO II) than men (51%) (Mustafa., 2021c).…”

“…In Indonesia, referring to the problem of women involved in drug cases, age, type of drug consumed and gender must be taken into account. Official statistics show that the majority of drug users are aged 29 years and over counted as adults (Mustafa, 2021b). The types of drugs consumed were dominated by marijuana (64%) and methamphetamine (34%) (BNN 2012).…”

“…The proportion of recorded violations committed by women is lower than men. In 2011, for example, there were 3,674 female drug offenders and 32,915 male drug offenders (Mustafa, 2021b). This may indicate the difference in arrests in the recording of gender in official statistics.…”

Gender Equality in the Criminal Justice System in Dubai: Between Sharia and Human Rights

“…Sharia law, deeply rooted in Islamic customs, presents both opportunities and challenges in ensuring justice within this heterogeneous and cosmopolitan community (Mustafa, 2020;Qadeer, 2023). As we delve into this investigation, it becomes evident that Dubai's embrace of modernity and globalization coexists with its steadfast adherence to Islamic traditions (Mustafa, 2021;E. Ayasreh, 2023).…”