Attorney General Research Articles

Who Does Gen-Z Trust with Their Finances? A Comparative Analysis of Influencers vs. Traditional Celebrities

Social media platforms have become key channels for disseminating unverified financial information, such as cryptocurrency advice, credit card recommendations, and investment tips (FTC, 2019; Pennsylvania Office of Attorney General, 2023; U.S. SEC, 2022; U.S. SEC, 2023). Understanding how Gen Z evaluates financial information from influencers and traditional celebrities on these platforms is essential, as it directly impacts their susceptibility to misinformation based on perceived source credibility. This study addresses the research question: How do Gen-Z individuals evaluate financial information presented by influencers compared to traditional celebrities? To explore this, the study will employ a qualitative approach, conducting interviews and performing thematic analysis on the transcripts. Participants will be randomly selected, with a target of 20 interviews for the pilot study or fewer if data saturation is achieved. The study is grounded in source credibility theory, which examines information sources' perceived attractiveness, expertise, and trustworthiness. The findings aim to contribute to the existing literature (Kaabachi, 2021) and enhance financial literacy among Gen-Z individuals in the United States. Furthermore, insights gained can guide policymakers in addressing ethical challenges related to financial information on social media and help regulate information dissemination practices.

Confronting our failures: Tensions in remedying systemic discrimination in Canada

This article examines the complexities of providing remedies for systemic discrimination in light of evolving understandings of equality and justice. Despite constitutional and statutory protections affirming the right to live free from discrimination, there remains a significant gap between recognizing systemic discrimination and implementing effective remedies. The 2021 case of Canada (Attorney General) v. First Nations Child and Family Caring Society of Canada serves as a focal point to highlight the shortcomings of the current remedial framework, which often prioritizes corrective over transformative justice, reflecting a formal rather than substantive approach to equality. In this case, the Canadian Human Rights Tribunal found that Canada’s inequitable funding of First Nations child welfare services was discriminatory on the grounds of race and national or ethnic origin. It ordered Canada to compensate every child impacted, while simultaneously imposing systemic remedies such as reforming federal funding policies. By exploring the Tribunal’s decision to uphold both individual and systemic remedies, the paper argues for a more integrated approach that moves beyond the dichotomy of individual versus systemic discrimination. It advocates for co-designed remedies informed by the perspectives of affected communities, calling for a shift in how systemic discrimination is addressed within Canada’s legal framework.

US Anti-Trafficking Funding and the Discourse of ‘Prevention’

The United States government has positioned itself as the global exemplar in the anti-human trafficking arena, including through its unparalleled financial support for domestic and international anti-trafficking activities. How the US has allocated these funds has not previously been systematically studied. Building on original databases compiled through a review of the US Attorney General’s Annual Report to Congress on US Government Activities to Combat Trafficking in Persons for fiscal years 2017–2021, in this article, I offer a detailed analysis of US anti-trafficking funding allocations. I find that during the five-year period under review, the vast majority of US anti-trafficking funds were spent on reactive activities, including the identification, protection, and support of trafficking survivors and efforts to improve the detection, arrest, and prosecution of traffickers. In contrast, activities targeting the conditions that increase precarity, rendering certain populations at heightened risk of being trafficked, or that enable the exploitation of precarity, were relatively under-funded. When these conditions were addressed by funded activities, the targets were nearly always countries in Africa, Asia, or Latin America, perpetuating a discourse of trafficking as a social problem rooted in poor policies, practices, and inequalities seen as endemic in the Global South.

APPLYING THE ATTORNEY GENERALS PRINCIPLE OF OPPORTUNITY IN ECONOMIC CRIMES: A STUDY ON DIGNIFIED JUSTICE THEORY FOR NATIONAL WELFARE

The concept of the oportunitas principle, originating from the now-obsolete Article 8 of Law No. 15 of 1961, has endured through subsequent legal frameworks in Indonesia. This principle has evolved to grant the Attorney General, the highest Public Prosecutor, exclusive authority for its implementation, aligning with the current Prosecution Law and the guidelines of the Criminal Procedure Code. The oportunitas principle allows the Attorney General to refrain from prosecuting certain criminal cases to safeguard the public interest, with a formal decision document issued to ensure legal certainty and emphasize the prohibition of future prosecution in cases dismissed in favor of the public, particularly regarding economic crimes that impact the national economy. Harmonizing this principle with the evolving legal landscape reflects a delicate balance between societal needs and legal frameworks, helping to prevent the misuse of power. The dynamic nature of the oportunitas principle underscores its vital role in the Indonesian legal system, providing a nuanced perspective on the intersection of justice, public interest, and prosecutorial discretion.

Desjudicialização da saúde e diálogos interinstitucionais em Minas Gerais: a análise do Acordo de Cooperação Técnica para a gestão dos medicamentos Ranibizumabe e Aflibercept

Objective: to understand the judicialization of health in Brazil and analyze, from the perspective of health de-judicialization, the Technical Cooperation Agreement signed on December 2, 2021, between the State Health Departmentof Minas Gerais , the State Attorney General's Office of Minas Gerais, and the State Public Defender's Office of Minas Gerais for the management of the medications Ranibizumab and Aflibercept. Method: a narrative review of the literature on the judicialization of health and an exploratory study based on documentary analysis of the antecedents of the Technical Cooperation Agreement were carried out. Results and discussions: Self-composition and consensual resolution of conflicts by the Public Administration has broad legal support and, in the current legal and administrative scenario, is the most effective and efficient means of realizing the underlying public interest, notably the right to health, promoting its dejudicialization. This scenario points to the potential for new solutions, including the implementation of interinstitutional dialogues, such as the Technical Cooperation Agreement studied, which is expected to serve as the embryo for a permanent trend in the management of the judicialization of health within the scope of State Health Departmentof Minas Gerais. Final considerations: ahe cooperation agreement studied has great potential for the dejudicialization of actions with requests for ophthalmological medicines, in addition to others whose incorporations are proposed within it. It also promotes synergistic and convergent action by actors involved in judicialization. The perspective is that, from this milestone, these legal actions will decrease and patients will begin to be served through the United Health System administrative supply route. Submission: 03/19/24| Review: 08/16/24| Approval: 09/01/24

PROBLEMS OF JUDICIAL ACTS REVIEW IN THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

The work is devoted to studying the problems of reviewing court decisions of lower courts by the Supreme Court of the Republic of Kazakhstan. This article examines the control of higher courts over lower courts' activities in the system to ensure the rule of law in case consideration and decision-making. The procedure of reviewing judicial decisions by a higher court that have become effective and those that are not effective in the order of cassation and supervisory review, as well as representations of the President of the Supreme Court, and protests of the Prosecutor General of Kazakhstan, are investigated. Problems of citizens' implementation of their constitutional rights to judicial protection and appeals against court decisions are highlighted. The grounds for reviewing judicial acts that have entered into force, the range of subjects entitled to apply for review, criteria for the admissibility of appealing judicial acts as well as procedure for preliminary consideration of complaints and protest by a judge alone is shown. The analysis of these issues allows us to conclude that the current grounds and procedure for reviewing judicial decisions of the appeal and cassation courts based on the submissions of the Chairman of the Supreme Court and the Attorney General of the Republic of Kazakhstan firstly hinder the realization of citizens' constitutional right to judicial protection, including the right to appeal against judicial decisions, and secondly prevent the formation of consistency in judicial practice. The lack of guidance to lower courts on reviewing judicial decisions by way of cassation and supervision has once again convinced courts of their inability to achieve consistency in the interpretation and application of law, as well as failure to contribute effectively to citizens' exercise of the right to justice. The paper provides a critical analysis of judges, lawyers, and legal experts on the current process for the Supreme Court of the Republic of Kazakhstan to review appeals and cassation court decisions. At the end of the paper, the author draws conclusions and makes suggestions regarding the enhancement of the constitutional right to judicial protection and uniformity in court practice.

Reconstruction of the Termination of Prosecution of Corruption Offences Public Prosecutor's Discretion

Corruption cases that result in small state financial losses continue to end up in the Corruption Court without alternative solutions that are faster, simpler and cheaper, even though the Corruption Court is located in the provincial capital and the corruption trial process requires a lot of money. So that it is not commensurate between the costs of law enforcement incurred with the state financial losses incurred due to corruption. The method of this research approach is juridical sociological because the problems studied concern the relationship between juridical factors and sociological factors. The urgency of discontinuing the prosecution of corruption crimes with small state financial losses is that the prosecution of corruption crimes with small state financial losses is inefficient and the Discontinuation of Prosecution of corruption crimes with small state financial losses does not have a legal umbrella This is because there are weaknesses in legal substance, legal structure and legal culture. The reconstruction model for the termination of prosecution of corruption crimes with small state financial losses based on Prosecutorial Discretion by the Public Prosecutor in a Progressive Legal Perspective is the Reconstruction of Legal Substance, namely adding Prosecutorial Discretion by the Public Prosecutor as a manifestation of the Dominus Litis Principle can stop the prosecution of corruption crimes with small state financial losses where this has not been regulated in Article 140 paragraph (2) of the Criminal Procedure Code, Reconstruction of legal structure, namely the delegation of authority from the Attorney General of the Republic of Indonesia to the Head of the High Prosecutor's Office as the controller of the termination of prosecution of corruption crimes with small state financial losses, Reconstruction of legal culture, namely changing the patterns of thought of public prosecutors from positivistic to progressive in exercising their authority. The recommendations in this study encourage the reform of the Criminal Procedure Code (KUHAP) related to the authority to discontinue prosecution by the Public Prosecutor and the need to make a regulation of the Attorney General related to the Discontinuation of Prosecution based on the Discretion of the Public Prosecutor.

State program enables the identification of factors associated with naloxone awareness, self-efficacy, and use for overdose reversal: A cross-sectional, observational study in an urban emergency department population

IntroductionTo assist the state of Ohio in addressing the opioid epidemic, the Ohio Attorney General appointed experts in a variety of academic disciplines to the Scientific Committee on Opioid Prevention and Education (SCOPE). The focus of SCOPE is the application of scientific principles to the development of prevention and educational strategies for reducing substance use disorder and related harms (e.g., promoting naloxone awareness). Naloxone awareness is a step in the naloxone cascade, which is a useful model for understanding the sequential steps laypeople must take to prepare themselves to intervene using naloxone; other steps include training and previous administration experience. Prior work has explored correlates of these steps among individuals with risky substance use, but fewer studies have focused on broader populations containing potential bystanders (e.g., family and community members). MethodsThis study was a secondary data analysis of patients from three urban emergency departments. Subsamples differed across five models (n = 479–1208) and included opioid-exposed and -naïve participants. Logistic regression characterized clinically useful sociodemographic predictors (e.g., race, ethnicity, education, employment, housing status) of naloxone awareness, self-efficacy (which relates to training), and previous-overdose administration. Two additional logistic regressions tested associations between risk factors for witnessing an opioid overdose and two cascade steps (awareness and self-efficacy). ResultsNon-White race, Hispanic ethnicity, and lower education predicted not being aware of naloxone; non-White race also predicted lower naloxone self-efficacy, and older age predicted lack of previous-overdose administration. Having family members with risky opioid use was heavily associated with awareness, while personal substance-use behaviors and previous overdose witnessing were associated with both awareness and higher naloxone self-efficacy. ConclusionsCharacteristics associated with lower likelihood of completing each cascade step highlight opportunities for targeted interventions. Specifically, findings indicated the importance of expanding naloxone education and training programs to more diverse populations and to family members of individuals with risky opioid use. Further, these findings demonstrate how a state-funded program such as SCOPE can have a positive impact on identifying strategies that may assist in reducing mortality associated with opioid overdose.

Mining corruption, environmental damage, and the increasing unauthorized properties of state officials

Indonesia is blessed with natural resources in the form of minerals and coal. Their use must be directed towards the greatest welfare and prosperity of the people based on the 1945 Constitution. However, what is currently happening is the opposite. the Attorney General revealed case of alleged corruption in the trading system of tin commodities in the Bangka Belitung region. The suspects include businessmen, directors, crazy rich Indonesians, and artists who are now increasingly attracting public attention. The total state losses were equivalent to $16,667 billion USD. This research used a sociological legal research model. The research object was the legal behavior in the reality of society. It was found that to formulate appropriate law enforcement for mining corruption, Friedman’s legal system theory approach was used. This theory includes legal structures, with good synergy from each law enforcement institution. Concerning the legal substance, apart from using the Corruption Crime Law, perpetrators also need to be impoverished by regulating the crime of money laundering. In terms of legal culture, state officials should uphold ethics and integrity to achieve good governance. Meanwhile, restoration of environmental damage resulting from mining activities can begin with future environmental policies that are directed towards ensuring the safety and health of the human life as well as controlling the wise use of natural resources. The integration of environmental law and Islam can be carried out using a prophetic ethical approach. The prophetic paradigm interprets nature as something sacred as humans only borrow it and manage.

Comparing CNN-LSTM and BERTimbau: an analysis of AI models in legal document classification

This study addresses the urgent need of the Attorney General's Office of the State of Bahia (PGE) to automate the classification of initial petitions, a challenge exacerbated by the lack of standardization in file naming. To tackle this issue, the work proposes the implementation of advanced Deep Learning models, aiming to overcome the limitations of the currently used approach based on regular expressions (Regex), which shows an average accuracy of 80%. The research compares the efficacy of a hybrid model, integrating Convolutional Neural Network (CNN) with Long Short-Term Memory (LSTM), and the BERTimbau model, with the goal of not only enhancing the precision in identifying these essential documents but also promoting procedural efficiency through automation. Preliminary results reveal that the CNN-LSTM model achieved an accuracy of 99.34%, while BERTimbau obtained 98.51%, demonstrating the great potential of both techniques in optimizing the judicial workflow in the digital era.

The Rome Statute Impact: Challenge of Upholding Human Rights in Indonesia’s Human Rights Court

This article examines the effect of enforcing gross human rights violations and the implications of Indonesia as a state that did not ratify the Rome Statute. This study is done by studying the legal basis of human rights courts in Indonesia. A doctrinal approach is used. The main legal materials used are the Human Right Court Law (2000) and human rights court decisions. The research findings indicate that the process of enforcing gross human rights violations requires integration between National Human Rights Commission as an investigator and the Attorney General's Office as an investigator. The substance of enforcing gross human rights violations is a formality because Indonesia, as a sovereign state, has the right to determine the model of enforcing gross human rights. However, in fact, there are still many gross human rights violations that cannot be resolved due to differences in perceptions of sufficient preliminary evidence. For this reason, reformulation of the Human Right Court Law (2000) is needed.

Unfinished Business in Unwritten Justice: Unwritten Constitutional Principles After Toronto (City) v. Ontario (Attorney General)

This article examines unwritten constitutional principles (UCPs) within the context of the Supreme Court of Canada’s 2021 obiter opinion in Toronto (City) v. Ontario (Attorney General). The Supreme Court has traditionally accepted three main arguments in justifying the use of UCPs. The Toronto (City) v. Ontario (Attorney General) majority strictly prescribed a “textual approach,” whereby a court broadly interprets the written Constitution, negating the importance of UCPs as independent legal tools. I respectfully submit that the majority failed to provide a reasoned framework for UCPs. I argue that certain constitutional issues arise that cannot be addressed through explicit constitutional provisions. Relying exclusively on enumerated provisions to invalidate legislation may stress the democratic authority of the Constitution when its provisions have a weak tie to a desired principle that addresses the constitutional threat at hand. In these cases, it is better if constitutional principles and values are openly acknowledged and subjected to careful consideration, analysis, caution, and criticism through structural argumentation. While the written text of the Constitution must always take priority, Canadian courts must sometimes turn to the full legal power of UCPs when faced with novel constitutional issues unforeseen when the Constitution was drafted.

The Deterrence Effects of Tax Whistleblower Laws: Evidence from New York’s False Claims Acts

In this study, we provide evidence on the effects of state tax whistleblower laws. We exploit a novel 2010 amendment to New York’s False Claims Acts (FCA) that explicitly extended whistleblower incentives to corporate income tax whistleblowers. We identify treated firms (firms exposed to New York’s FCA) using establishment-level data and descriptive analyses. Using a sample of firms exposed to New York and neighboring states, we find evidence that New York’s FCA reduced state tax avoidance. In cross-sectional tests, we find that effects are increasing in firms that grant fewer employee stock options and industry regulation, consistent with deterrence increasing in employee and regulator monitoring. We also find evidence that New York’s FCA deterred federal tax avoidance, consistent with positive vertical tax externalities. Next, we focus on particular tax strategies and find evidence of a reduced probability of Double Irish tax structures, reduced relationships to tax planning banks, reduced use of special purpose vehicles, and reduced outbound tax-motivated income shifting. We also find evidence that firms with the lowest (highest) cost of relocation (1) reduced (did not change) establishment counts in New York but (2) did not change (reduced) state tax avoidance. Finally, we disentangle general ex ante deterrence from ex ante peer deterrence using hand-collected New York tax whistleblower press releases from the Attorney General. We find evidence of both types of deterrence. Overall, this study provides policy-relevant evidence on the deterrence effects of tax whistleblower laws. This paper was accepted by Suraj Srinivasan, accounting. Funding: Y. Lee acknowledges financial support from the College of Business at California State University, Long Beach. S. Ng acknowledges financial support from Singapore Management University. T. Shevlin acknowledges financial support from the University of California, Irvine [the Paul Merage Chair and the Merage School of Business]. A. Venkat acknowledges financial support from the McCombs School of Business at the University of Texas, Austin. Supplemental Material: The online appendix and data files are available at https://doi.org/10.1287/mnsc.2023.02999 .

PENGHENTIAN PERKARA DENGAN DENDA DAMAI PADA TINDAK PIDANA EKONOMI

AbstractThis study aims to determine the application of peace fines by the Attorney General's Office in the settlement of economic crimes, as well as to find the concept of case termination with peace fines in economic crimes, using progressive legal thinking and restorative justice. The research method used is normative with statutory and comparative approaches sourced from primary data. The results showed that peace fines by the Attorney General in the settlement of economic crimes can be carried out based on Article 35 Paragraph (1) letter K of the Law of the Prosecutor of the Republic of Indonesia, this is an implementation of the principle of Opportunity and the position of the Attorney General as Dominus Litis which has permanent legal force. This is in line with the application of case settlement with the principle of restorative justice which prioritises victim recovery. The concept of case termination with a peace fine for taxation, customs, and economic crimes, is carried out with the principle of restorative justice, which is carried out by taking into account the interests of state revenue, there are no elements of corruption, and with the approval of the Attorney General by considering the impact caused by the criminal act, the costs and benefits of handling the case, as well as the guilty statement of the perpetrator and his willingness to pay a peace fine. The conditions for case termination are that the perpetrator is the first time involved in a criminal offence and there has been a restoration to the original state carried out by the perpetrator of the criminal offence.Keywords: Termination of case; peaceful fine; economic crime.

Juridical Analysis Of Regulation No. 15 Of 2020 Concerning The Termination Of Prosecution In Criminal Offenses In The Perspective Of The Criminal Justice System In Indonesia

The purpose of this study is to analyze: first, the study of Attorney General Regulation No. 15 of 2020 concerning the termination of prosecution based on restorative justice in the perspective of the criminal justice system in Indonesia. Second, the mechanism for terminating prosecution based on restorative justice based on Attorney General Regulation No. 15 of 2020 has fulfilled the requirements and objectives. This legal research uses a normative juridical approach method. The results of the study concluded that there is a contradiction between the position of Perja No. 15 of 2020 and the justice system in Indonesia. First, it shows that the findings in article 2 of Perja no 15 of 2020 "termination of prosecution based on restorative justice is carried out based on the principles of justice, public interest, proportionality, punishment as a last resort; and fast, simple, and low cost", Second, the mechanism for implementing restorative justice in embezzlement criminal cases consists of a) peace efforts. namely the peace process is carried out voluntarily, by deliberation for consensus, without pressure, coercion, and intimidation b) in the peace process, there are two possible mechanisms, namely rejection or success. The implementation of the peace agreement is divided into two ways, namely: 1) done by returning compensation 2) done by doing something.

Implementing The Anti-Money Laundering Law: Optimizing Asset Recovery in Corruption Cases in Indonesia

Corruption is still a severe problem in Indonesia. In 2022, the Attorney General Office of the Republic of Indonesia alone succeeded in handling 405 of 597 corruption cases in 2022, with a state loss of 39.207 trillion out of a total of 42.747 trillion. When the state loss is combined with the state economic loss, which refers to the indirect financial impact on the state due to corruption, the number will be up to IDR142 trillion. However, the total asset recovery through fines and state loss compensation was only IDR 8.9 trillion. Thus, it only recovers about 12% of state losses due to corruption. One of the efforts to recover state losses is applying the law on money laundering because its main objective is to pursue the proceeds of a crime, including corruption. This paper discusses how the money laundering law will be more optimal in recovering state losses due to corruption and its application in several cases. The method used in this study is normative legal research, especially case studies relating to implementing a money laundering law on corruption cases. From the study, it can be concluded that the anti-money laundering law was not optimally applied in asset recovery in corruption cases. Only in corruption, which indicates an actual state loss, can the anti-money laundering law be applied. Moreover, there should also be an indication that the money laundering process follows corruption. Applying the Anti-Money Laundering Law, whether in the investigation, prosecution, or trial of criminal acts of corruption, has not been optimal, so it has not supported efforts to recover state losses.

Implementation of Restorative Justice in Crimes of Persecution (Case Study of the Balikpapan District Prosecutor's Office)

Restorative Justice means restoring relationships to their original state and atoning for violations committed by the offender against the victim. This approach, conducted outside the judicial process, aims to resolve legal problems caused by criminal acts in a fair manner through the agreement of all involved parties, including the victim, the perpetrator, and the community. This study aims to provide an overview and implementation of Restorative Justice within the State Attorney's Office and review its alignment with the Attorney General's Regulation No. 15 of 2020, which outlines the main points and basic guidelines for the strategy and implementation of prosecution termination based on restorative justice.

The Impact of GCG, Internal Audit Eliminates Corruption and Improves Performance Company 2024

State performance and company performance will be better if corruption can be eliminated by implementing GCG and Internal Audit. The phenomenon of corruption has become entrenched, many public officials have been arrested and imprisoned for corruption cases by the Corruption Eradication Commission (KPK) and other law enforcement officials (Attorney General and Police). Even the chairman of the Corruption Eradication Commission (Firly Bahuri) was deactivated and questioned by the police over the alleged extortion case of the former Minister of Agriculture (Yasin Syahrul Limpo). In this context, we are interested in discussing the impact of GCG and Internal Audit on reducing corruption and improving performance.

Implications Of Filling The Position Of Attorney General By The President On The Independence Of The Prosecutor's Office In Carrying Out The Functions Of Judicial Power

This research aims to find out and understand the influence of the current mechanism for filling the position of Attorney General on the independence of the Prosecutor's Office in carrying out law enforcement functions. The research results show that The implementation of the mechanism for filling the position of Attorney General who is appointed and dismissed by the President has two consequences. Firstly, it opens up opportunities for intervention in the law enforcement function by the President, carried out with various motives and interests, thus affecting the independence of the law enforcement function of the Prosecutor's Office. The two positions of Attorney General were then held from non-Prosecutor professions and even held by political party cadres which influenced the impartiality and professionalism of the implementation of law enforcement functions by the Prosecutor's Office

Analysis of the difference of the legally relevant facts of the indicator facts

Current jurisprudential positions have exposed a series of errors incurred within the new accusatory criminal system led by the Attorney General's Office, specifically in the construction of the Legally Relevant Facts, since it does not conform to the expected and indicated assumptions. by law and other rules of criminal procedure. These failures are directly related to effects on due process, in such a way that it is the responsibility of all levels of society and especially the judicial branch to deal with mistakes. That is why, through a general analysis of all the aspects that frame the criminal technique of the Legally Relevant Facts found in the Political Constitution of Colombia, in the jurisprudence and other laws, it was possible to identify such failures, their consequences, but also formulated a series of recommendations that are expected to serve to reduce the risk of the duration of rights and become a point of reference for similar investigations