Volume 15, Issue 06

OIDA International Journal of Sustainable Development
Open-access peer-reviewed journal 

Penalty for Committing Fornication & Adultery (Zina) in Islamic Law as a Violation of Freedom from Torture

Nqobizwe Mvelo Ngema 1, Desan Iyer 2
1,2 University of Zululand, South Africa.

Volume 15, Issue 06, Pg. 11-18, 2022.

Abstract: Islamic law forbids fornication and adultery (zina) and is regarded as one of the serious hudud offences. Islamic law tries to enforce sexual morality to the core and anyone who is found guilty of fornication is punished with one hundred lashes and a married Muslim who is found guilty of adultery may be stoned (rajm) by a group of Muslim believers until that person dies to send a clear warning to wannabe adulterers. Notably the penalty of stoning for committing adultery is not explicitly mentioned in the Quran but only mentioned flogging with one hundred lashes as punishment for both fornication and adultery. Both flogging and stoning as punishment for zina are not in line with the doctrine of international human rights that forbids torture. The transformative ambition of the 2030 agenda for sustainable development acknowledges the importance of human rights for all in achieving a sustainable development that leaves no one behind.

Keywords: Torture, punishment of zina, freedom from torture, and degrading punishment

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The experiences of traditional leaders in the execution of crime prevention strategies in the rural settings of the OR Tambo District Municipality, in the Eastern Cape province

Enoch Zenzile
Tshwane University of Technology, South Africa.

Volume 15, Issue 06, Pg. 19-28, 2022.

Abstract: Crime continues to thrive and affects most members of the rural community. In response, different crime prevention strategies are undisputable, as crime thwarts the community development initiatives and leads to urbanisation of many skilled, rural dwellers. The traditional leaders, as agents of community morals and values in the post-apartheid South Africa, are surrounded by conflicting value systems, which are characterised by people with behavioural traits that would be breeding grounds for criminality. Lusikisiki, in the OR Tambo District Municipality (ORTDM), Eastern Cape province of South Africa, is declared to be a hub or the capital of rape. Women in the area, on daily basis, are traumatised because of their gender; the lack of morals amongst certain community members and measures that are put in place seem insufficient for absolute prevention. The victimisation that women and the general community suffer is painful and characterised by prolonged psychological traumatic experiences. Subsequently, women remain dissatisfied by the criminal justice system process and seek other alternatives to guarantee protection and alleviate fear. This element of lack of satisfaction is found to flourish in the community, despite many awareness campaigns about the functioning of the criminal justice processes. This article sought to examine the role of traditional leaders in the situational crime prevention approaches in the communities of ORTDM (KSD, Ingquza Hill, Nyandeni and Port St Johns local municipalities). Interviews were carried out with 58 traditional leaders (chiefs, village heads and headmen) as key informants and custodians of the customs of the members of various communities in their areas of jurisdiction. The findings reveal that traditional leaders perceive that the criminal justice system does not prioritise the victims’ rights. The findings also point out that traditional leaders are involved in the development, implementation and monitoring of the tactics of crime prevention. In addition, traditional leaders argue that the identification strategies of the risk behaviour should be strengthened during early childhood. The findings also highlight that traditional leaders play an integral role in the recruitment of members for participation in crime prevention strategies in their areas of jurisdiction. However, their crime prevention initiatives are limited due to a lack of government funding. It can be concluded that crime prevention is a long-term goal. The investment in traditional leaders may lead to the improvement of the quality of life in society.

Keywords: crime, crime prevention, criminal justice system, gender-based-violence, juvenile delinquency, traditional leadership, victimisation

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Impact Of Fiscal Decentralization Policy on Foreign Direct Investment in Indonesia

Vissia Dewi Haptari1, Bambang Soedaryono2, Eleonora Sofilda 3 , Windraty Ariane Siallagan 4

Volume 15, Issue 06, Pg. 29-44, 2022.

1 Polytechnic of State finance STAN, Ministry of Finance Indonesia, Jakarta, Indonesia.
2,3Universitas Trisakti, Kyai Tapa Street No. 1 Grogol, West Jakarta, Indonesia.
4Directorate General of Treasury, Ministry of Finance, Indonesia.

Abstract. Consumption and investment are the largest contributors to national income in most countries. Indonesia is one of the countries with the world’s largest population, so the largest state revenue comes from consumption and investment, a sector expected to be a driver of the economy. The entry of foreign investment is a significant element in spurring economic growth in many countries. Foreign direct investment (FDI) drives the country’s economy. The policy on FDI is inseparable from the central and regional decentralized government system, namely the delegation of authority from the central government to local governments. The objectives of this study are: (i) To examine and analyze the effect of fiscal decentralization policies on the entry of FDI at the district and city levels; (ii) to assess and analyze the influence of economic aspects on the entry of FDI at the district and city levels; (iii) Assessing and analyzing the business aspects of the entry of FDI at the district and city levels; (iv) Assessing and analyzing the influence of district and city levels on the entry of FDI at the district and city levels.

The study used mixed method research, a combination of quantitative and qualitative research. Quantitative research uses structural equation modeling (SEM), and data processing uses the analysis of moment structures (AMOS) program. Data sources are secondary data from reports from the Investment Coordinating Board – Ministry of Investment, Ministry of Finance, and Central Statistics Agency. The objects of this research are 514 districts/cities in Indonesia from 2016 to 2020. Qualitative research through focus group discussions (FGD) with informants who are experts in their fields and to obtain in-depth analysis with the NVivo program.

Based on the results of the quantitative analysis method, it is found that; (i) the fiscal decentralization policy, as measured through revenue-sharing and government spending on roads, water, and electricity, has a significant and positive effect on FDI; (ii) the economic aspect is measured through regional financial independence, Gross Regional Domestic Product, and renewable and non-renewable natural resources. Renewables have a significant and negative effect on FDI; (iii) business aspects as measured by export trade openness, the number of BUMDs, and the human development Index, have a significant and positive effect on FDI, and (iv) the dummy at the district or city level has a significant and negative effect on FDI.

Based on the qualitative analysis method, it was found that the fiscal decentralization policy was able to have an impact on the entry of FDI from the explanations regarding the implementation of the fiscal decentralization policy, the availability of infrastructure, improving the quality of regional spending, and balancing funds. From the economic aspect, there is a link between the adequacy of natural resources and the potential for new renewable energy (NRE), which can become Indonesia’s competitive advantage. Recommendations of this study are good governance of regionally owned enterprises, readiness in the new renewable energy sector, local governments must improve the quality of productive spending, and maintain the availability of natural resources, especially in the NRE.

Keywords: Business Aspects, Economic Aspect,  Fiscal Decentralization, Foreign Direct Investment, Structural Equation Modeling,  Nvivo, Quantitative approaches, Qualitative approaches

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