Enforcement Of Sanctions Research Articles

Enforcement of international sanctions as the third pillar of the anti-money laundering framework. An unannounced effect of the AML reform and the Sanctions Directive

The recently adopted Sanctions Directive harmonises definitions and penalties for violations of restrictive measures with the aim of ensuring that criminal law can be used to enforce international sanctions in the European Union. It has also made violations of restrictive measures a predicate offence of money laundering. In parallel, the anti-money laundering (AML) framework is undergoing a significant reform, which includes the adoption of the first AML Regulation (previous legal acts being directives) containing AML duties of obliged entities as well as the establishment of an EU AML Authority. Also, for the first time, due diligence obligations as regards international sanctions will be included among these duties. The combined reading of the Sanctions Directive and the AML Regulation indicates that those duties will be even greater, which will have an outstanding impact on obliged entities, in particular of the financial sector. In fact, the extent of those obligations would justify calling enforcement of sanctions the third pillar of the AML framework. Yet, this aspect – and its consequences – remained fully under the radar of the legislative process. The objective of this article is, first, to examine the role of the AML framework in the enforcement of international sanctions, especially after the Sanctions Directive and the AML Regulation start to be applied and, second, to analyse the impact of including enforcement of international sanctions in the AML framework, on the entities subject to its duties and other actors affected by this framework.

Understanding Child Marriage Among Girls in Nigeria: A Focus on Nasarawa Eggon Local Government Area of Nasarawa State

The right of choice in marriage is universal and it is enshrined in international human rights instruments. Yet, many girls under 18 years enter into marriage without a chance to exercise that right. This has proved problematic as the situation often results in negative outcomes including school drop-out, pregnancy risks, diseases and sexually transmitted infections, unhappiness, and even death. This study therefore examined the factors influencing child marriage among girls in Nasarawa Eggon Local Government Area of Nasarawa State. It specifically investigated the cultural and sociodemographic factors influencing child marriage among girls in the study area. The ethno-cultural theory of pedogamy guided the study. The mixed method research design was employed with structured questionnaire and key informant interviews utilized in the collection of data. Data was retrieved from 183 respondents, and it was analyzed using quantitative and qualitative approaches. The study hypothesis was tested using Pearson Product Moment Correlation. Results from the study showed that the practice of arranged marriage and beliefs that marriage brings honour to a girl and her family contributes to child marriage. Also, ignorance of fundamental human rights among girls and peer influence, as well as financial difficulties in families, illiteracy among parents and weak enforcement of legal sanctions against child marriage contributes to the practice of child marriage. The study recommends, among others, promotion of education and awareness programme that challenge cultural beliefs that perpetuate child marriage, and implementation of interventions that address poverty in Nasarawa Eggon LGA.

Trial of Memory: Legal Regulation as a Tool of Memory Politics in Contemporary Russia

The article examines how law enforcement sanctions, typically applied to real-life actions, are being transferred to online activities. Building on François Hartog’s ideas, the study links memorial legislation to a new “regime of historicity,” highlighting its unique role in commemoration. By examining relevant laws and media discussions, the study follows the evolution of memorial legislation, demonstrating its importance in commemorating the Great Patriotic War in post-Soviet symbolic politics. Analysis of the amendments to Article 354.1 of Russia’s Criminal Code from its original formulation in 2014 to the revisions in 2021 reveals the shifting legal landscape surrounding online commemorative practices. As virtual spaces are gaining prominence in public discourse and legal interpretations, the boundaries between online activities and real-world actions are becoming increasingly blurred. The key trends in this process include the growing reliance on virtual platforms for information dissemination, the evolving notion of publicity in legal contexts pertaining to online behavior, and the broadening enforcement of Article 354.1. This research sheds light on the intricate interplay between memory politics, virtual spaces, and legal frameworks, reflecting broader societal shifts in information consumption and expression.

In Search of the Missing Link: Election Law Infractions and Candidate Sanctions

In contrast to the extensive literature on the determinants of campaign spending and its effect on candidates’ electoral performance, comparatively less literature exists on the legal and sanctioning characteristics of political finance systems. Though some contributions have analyzed and compared the institutional designs of these financing systems, limited literature has empirically examined infractions and sanctions of electoral laws, categorized as either a crime or a misdemeanor, by the candidates. Limited knowledge exists about the political and sociodemographic profile of candidates who commit such offenses or misdemeanors, a gap this study addresses by empirically analyzing electoral law infractions. Using the case of Chile and an unpublished database of infractions of 38,246 candidates in the local elections of 2008, 2012, and 2016, as well as the legislative elections of 2009, 2013, and 2017, we present four conclusions. First, only about one-fifth of candidates commit such infractions. Second, such infractions are more common during first-tier elections, especially in deputy and senatorial elections. Third, the candidates most likely to commit such infractions are independent candidates who compete in regions remote from large urban centers, especially in rural areas. Fourth, the rise in infractions is linked to a new law that more strictly regulates candidates’ campaign spending. The study enhances our understanding of the efficacy of political finance systems and the enforcement of electoral sanctions.

Bureaucratic Politicization in the Process of Changing Bureaucratic Positions After the Vacancy of the Deputy Regent of Dharmasraya Regency in 2022

Bureaucratic politicization refers to introducing bureaucratic reform in the management of regional government. The regional head and deputy regional head posts are political roles that oversee administrative positions within a region, so political influence is inherently intertwined with the bureaucracy. Dharmasraya Regency exhibits signs of bureaucratic politics, as seen by a vacancy in the position of deputy regent. This vacancy has resulted in numerous examples of non-job ASN inside the government of Dharmasraya Regency. This thesis seeks to analyze the political dynamics involved in the transition of bureaucratic positions in Dharmasraya Regency, particularly after the vacancy of the deputy regent position. This study employs a qualitative research methodology utilizing a case study approach. This thesis uses the theory of bureaucratic politicization pioneered by Barbara Geddes. The findings of this study suggest that there are indicators of the techniques employed by the regent in his role as PPK to determine bureaucratic positions. The regent also has a vested interest in the bureaucracy, as he desires a loyal and efficient bureaucratic system to ensure continued control until the end of his term. The regent's politicization of the bureaucracy is seen in the ambiguous enforcement of heavy sanctions against ASN.

The enforcement of ECB sanctions in light of the proportionality principle: Is there a need for a guide to define a solid legal framework?

The enforcement of ECB sanctions in light of the proportionality principle: Is there a need for a guide to define a solid legal framework?

Enforcement of sanctions within the SSM by European and national authorities: unravelling jurisdiction and accountability under Union law

Enforcement of sanctions within the SSM by European and national authorities: unravelling jurisdiction and accountability under Union law

Penegakan Hukum Terhadap Pelaku Pengrusakan Objek Wisata Ke’te’ Kesu’ Toraja Utara

This study aims to analyze the enforcement of sanctions against perpetrators of the destruction of tourist objects in Ke'te' Kesu' North Toraja. This research uses empirical legal research methods with a statutory approach. The results of this study indicate that the enforcement of sanctions against the perpetrators of the destruction of tourist objects in Ke'te' Kesu' North Toraja is still less effective and the case has not been followed up, despite having a Regional Regulation of North Toraja Regency Number 7 of 2016. There are several obstacles faced in the application of sanctions in law enforcement against perpetrators of destruction of tourist objects due to, among others: (1) the civil service police unit can’t apply criminal sanctions because it does not have an agreement from the Police, Prosecutor's Office, and the Court; (2) the budget is slow or even non-existent so that the civil service police unit can’t move in guarding every tourist who enters North Toraja, and (3) the lack of personnel of the civil service police unit, so that it does not reach every violation of the destruction of Ke'te Kesu' Toraja Utara tourist objects.

PEMBERHENTIAN TIDAK DENGAN HORMAT APARATUR SIPIL NEGARA DALAM KASUS TINDAK PIDANA KORUPSI

This study aims to analyze the dishonorable dismissal of state civil servants in corruption cases. This type of research is the type of research used is normative juridical research. The approach used is) in this study, namely the statutory approach (statute approach), case approach (case approach), and conceptual approach (conceptual approach). The results of this study are based on the original intent of the former of Law no. 43/1999, the Government's interpretation, and the interpretation of the legal norms of PTDH civil servants who committed criminal acts of office before the entry into force of the ASN Law, the enforcement of administrative sanctions does not have to be dishonorably dismissed as civil servants, but becomes the discretion of the PPK. PPK assesses and considers whether to be dishonorably discharged, honorably discharged not at his own request, or not dismissed with or without imposition of disciplinary punishment by taking into account the factors that encourage civil servants to do this and paying attention to the severity of the criminal sentence imposed. SKB 3 of the Minister is a policy regulation issued as an implementation guideline for PPK which regulates the honorable or dishonorable dismissal of civil servants who commit criminal acts of office crimes or crimes related to their positions based on court decisions that have permanent legal force. Second, the SKB 3 Ministers can be qualified as a legal juridical instrument (rechtmatig), unless it is enforced backwards (terugwerkend).

Trading with Pariahs: North Korean Sanctions and the Challenge of Weaponized Interdependence

Abstract Why has North Korea avoided capitulating to economic sanctions pressures? We argue that economic sanctions have been ineffective and unsuccessful for three reasons: North Korea’s adeptness at evasion, other states’ unwillingness to enforce economic sanctions, and North Korea’s efforts to avoid panopticon effects via its diplomatic statecraft and policies that allow states to monitor and collect information on others. We contend that the implementation and enforcement of economic sanctions led North Korea to alter its trading network, reallocating trade to countries (or nodes) within its network willing to ignore international sanctions. As a result, these network shifts limited the ability of senders to weaponize the interdependence between them and North Korea effectively. We further highlight how North Korea conducts diplomatic statecraft in such a way that limits the impact of sanctions enforcing states from effectively monitoring it and limiting the impact of panopticon effects senders generate. To test our theory, we employ an ordinary least squares regression followed by social network analysis to understand how North Korea’s network of trade has adapted over time in the face of punishing economic sanctions. We find that states with greater diplomatic engagement enjoy better centrality than sanctions enforcing states. Also, economic sanctions at critical junctures induce changes to North Korea’s network over time with commercial imperatives to trade replaced by a North Korean near reliance on China. We further demonstrate that economic sanctions likely induce changes to the structure of the network as North Korea seeks to insulate itself from the impact of economic sanctions.

Reviewing Criminal Threats Against Falsification of Covid-19 Certificate by Medical Personnel

This article discusses the relationship between law and society, beginning with a review of the statement “where there is society, there is law” (ubi societas ibi ius). The research highlights how societies form laws in an effort to protect themselves or their groups. However, societal developments are often faster than legal reforms, resulting in some regulations becoming irrelevant to the current situation. The Covid-19 pandemic, for example, has changed various aspects of people's lives, including travel restrictions and requirements. Documents such as the Covid-19 Certificate have become important in a pandemic situation, but cases of forgery have also increased. Syndicates of Covid-19 Certificate forgery, including perpetrators who are medical personnel, indicate a serious violation of the law. The imposition of criminal and administrative sanctions is necessary to uphold justice and emphasize the importance of complying with the code of ethics, especially in the context of health services. Through an understanding of applicable regulations and laws, as well as fair enforcement of sanctions, it is hoped that the community can obtain justice and protection in accordance with current social and health conditions.

Interrogating the Paradox--Availability of Funds and Paucity of Infrastructure/Social Amenities in Nigerian Local Government Areas: Conundrum of the Selected State (2011-2018)

Concerns have been expressed very often as to why the intergovernmental relations in the federal system of many developing countries, especially in the Sub-Sahara Africa are predictably chequered. Lack of devolution of power to LGAs in Nigeria is usually at the expense of grassroots development especially with regards to infrastructure/social amenities. Besides, the confusion surrounding progressive decline in provision of rural infrastructure to the local government areas of the state despite humongous monthly fiscal allocations to the LGAs by Federation Account Allocation Committee (FAAC) equally creates existential problems to the rural dwellers. It is on this note that the study seeks to investigate the apparently disturbing paradox in Imo State. Data were sourced from both secondary and primary sources. Secondary data was sourced from government gazette and related literature while primary data was elicited from respondents through structured questionnaire. Multiple regression and graphical/pictorial analytical techniques were used for secondary and primary data respectively. The findings indicated that lack of transformative leadership exhibited in embezzlement of funds and indifference in leadership on the part of the State agents were the significant causes of poor development in the rural areas of Imo State. The study recommended inter alia; the enforcement of attitudinal change and punitive sanctions on the political and administrative classes in the state through legal measures to protect public funds for service delivery.

Tax Sanction by Reward and Punishment Mechanism as A Part of Tax Law in Increasing Tax Morale

Background: Taxation is an important source of revenue for a country. Research in many developing countries has recently demonstrated that tax can play a significant role in the development of power of state and society. This is seen on two principles, namely the imposition of a tax as a negotiation process based on social contract (revenue-bargaining policy) and taxes for institutional development to strengthen the capacity of the state to perform its functions. Unfortunately, countries with tax systems still have problems with tax compliance because of low tax morale and low tax sanction enforcement.
 
 Purpose: The study’s purpose was to conduct research related to the effect of tax sanction by combining reward and punishment against tax morale to increase tax compliance.
 
 Theoretical reference: Tax morale is the intrinsic motivation and willingness of individuals and businesses to comply with tax obligations voluntarily. Rewards can be framed as gains, leveraging prospect theory to enhance the perceived benefits of tax compliance. Punishments function as deterrents to non-compliance by increasing the perceived costs of evasion. Rewards and punishments can be balanced to create an optimal incentive structure. The perceived fairness in the distribution of rewards and punishments contributes to tax morale.
 
 Method: Research is undertaken through online surveys. In this study, besides conducting descriptive analysis to see the characteristics of respondents and the mean and frequency of each variable, data is also analyzed by Partial Least Square (PLS) analysis. In the implementation, descriptive analysis is realized by Qualtrics Software and verification analysis, consisting of assessing outer model and assessing inner model.
 
 Results and Conclusion: The study highlighted the respondent’s agreement toward reward and punishment mechanism in the tax sanction and this mechanism can enhance tax morale. The findings emphasize the significant impact the tax sanction via reward and punishment on tax morale.
 
 Implications of research: The implementation of tax sanctions, as a part of tax law, in the form of easiness (reward) and uneasiness (punishment) in obtaining public services. It is considered more humane than imprisonment sanction to people, who have contributed to the country by taxes paid and smoother to increase tax morale, so that the green economy and sustainable developments in the tax sector can be realized.
 
 Originality/value: Reward and punishment mechanism in enhancing tax morale.

Juridical Analysis of Disciplinary Enforcement of State Civil Servants within the Batam City Government

The government has established regulations related to discipline, namely Government Regulation Number 94 of 2021 concerning Civil Servant Discipline. This regulation is intended to create employees with moral integrity, professionalism and accountability so that it can be used as a guide in enforcing discipline. However, the reality in the field is that disciplinary violations among ASN within the Batam City Government still occur frequently and repeatedly.This research aims to find out how the implementation of discipline enforcement of State Civil Apparatus within the Batam City Government. This research uses a qualitative type of research. The research method is empirical normative research, namely examining the factual implementation or implementation of positive legal provisions and contracts in each specific legal event, so this research requires primary data and secondary data. Data sources were obtained from primary, secondary and tertiary legal materials.The obstacles faced in enforcing discipline are caused by lessthan optimal supervision, guidance and leadership not being firm in imposing disciplinary sanctions, a less conducive work environment, low awareness of the importance of discipline by ASN, a lack of sense of responsibility in carrying out their duties/work, and low emotional intelligence. influenced by the level of education. The solution to facing obstacles to enforcing discipline is by giving sanctions or firm action to employees who are proven to have committed disciplinary violations, providing rewards or awards, socializing disciplinary regulations, placing employees through transfers, rotating based on assessment results and in accordance with competency standards as well as interests and talents. employees, as well as improving education so that emotional intelligence increases. The research results show that the implementation of enforcement of disciplinary sanctions in the Batam City Order Environment has been running according to the applicable mechanism but has not been implemented optimally. While legal arrangements regarding enforcement of discipline for civil servants already exist, sanctions for violations of medium level disciplinary penalties have not been effectively implemented because government regulations have not yet been issued as supporting regulations in accordance with the mandate of article 42 of Government Regulation Number 94 of 2021. The government is expected to immediately issue government regulations as regulations supporter in determining sanctions for moderate level disciplinary violations.

Non-monetary Sanctions in Antitrust: Are There Optimal Sanctions for Competition Enforcement? A Glimpse on Brazil Experience

Non-monetary Sanctions in Antitrust: Are There Optimal Sanctions for Competition Enforcement? A Glimpse on Brazil Experience

The Criminal Law Policy on the General Election System in Indonesia

General elections are a crucial pillar of democracy in Indonesia, allowing citizen participation in selecting leaders and shaping policies. Strong criminal law policies are necessary to preserve the integrity of elections, despite challenges in consistent law enforcement and clear definitions of election violations. The aim of this research is to assess the implementation and effectiveness of criminal law policies in preventing and addressing election violations in Indonesia and to identify their impact on the election process. The research findings indicate that the implementation of criminal law policies in preventing and addressing election violations is crucial. This is achieved through stringent election regulations, strict enforcement of criminal sanctions, careful monitoring and investigation, and swift handling of violations. The effectiveness of criminal law policies is also evident in deterring violations, ensuring transparency in funding, and active citizen participation in monitoring. Criminal law policies have a significant impact on the election process. Positive impacts include efforts to prevent election crimes, protect voting rights, and address election law violations through strict regulations. Prevention of election crimes such as spreading false information and the use of violence is tightly regulated to maintain election integrity. Protecting voters' rights is a focal point, with prohibitions against bribery and intimidation practices. However, the negative impact lies in the potential misuse of criminal law for political purposes, which can undermine the principles of presumption of innocence and human rights.

Rekonstruksi Penegakan Sanksi Pidana Terhadap Justice Collaborator dalam Perspektif Kepastian Hukum dan Keadilan

Law enforcement is an important aspect of a legal system, where a good law enforcement will achieve the rule of law. Law enforcement cannot be separated from enforcing sanctions and procedural enforcement. In the realm of criminal law, the enforcement of sanctions against perpetrators of criminal acts should be in accordance with the norms that set out in statutory regulations and fulfill the legal certainty and justice. However, enforcement of sanctions must also consider certain reasons that cause criminal sanctions to fulfill a sense of justice without eliminating the certainty of law, one of which is the enforcement of sanctions against Justice Collaborators. For this reason, it is necessary to reconstruct the enforcement of criminal sanctions against Justice Collaborators. The research methods used in this paper is Normative Juridical, with a conceptual approaches, cases and statutory approach, with the theory of legal certainty and justice. Based on this, the reconstruction that can be carried out is to determine the amount of imprisonment in the statutory regulations toward Justice Collaborators by providing leniency (imprisonment) as much as half of the maximum sanction from the article charged.

Standard Clauses in Vehicle Purchase Credit Agreements in Indonesia: An Examination of Consumer Protection and Legal Enforcement

Vehicle purchase credit agreements in Indonesia frequently incorporate standard clauses that are often perceived as offering inadequate legal protection to consumers. Despite clear prohibitions regarding the use of standard clauses in credit agreements, vehicle financing businesses often persist in implementing these clauses in their contracts with consumers. Consequently, consumers find themselves in an unfavorable position, lacking the necessary legal safeguards to protect their rights. Consumers are entitled to legal protection, legal certainty, and justice when engaging with consumer financing institutions. This study employs a qualitative analysis approach, utilizing the normative legal research method to interpret legal materials, including court decisions. The research findings reveal that consumer protection regulations pertaining to standard clauses in vehicle purchase credit agreements have been distinctly and sufficiently defined. However, the enforcement of laws and stringent sanctions against violations has not been fully effective.

Penegakan Sanksi Hukum Terhadap Nasabah Wanprestasi Pada Koperasi Serba Usaha Bumi Raya Selong

The purpose of this research is to find out the problems that will be examined in this thesis, namely to find out the enforcement of sanctions, types of engagements and actual sanctions applied to customers who default on the Bumi Raya Selong multi-business cooperative according to the Bylaws and Legislation. The research method used is normative-empirical law and the specific research used in this research is descriptive analytical research. Based on the research results, the enforcement of legal sanctions against defaulting customers in the Bumi Raya Selong multi-business cooperative according to AD-ART is that there are no strict legal sanctions given, especially in the form of criminal sanctions if members default, however, the cooperative management provides sanctions in the form of sanctions. Moral to be more precise, because it looks at the member-based statutes. Through the family system, Bumi Raya Selong’s all-business cooperative will continue to maintain friendly relations and discuss it carefully with members so that members continue to pay even though the payment is due. The types of obligations that are violated by members continue to pay even though the payment is due. The types of obligations that are violated by members of the Bumi Raya Selong multi-business cooperative who are declared to be in default include members leaving the country, members not fulfilling their obligations as members (delaying paying instalments), or members violating the rules that have been issued by the cooperative as stated in credit agreement letter.

International sanctions enacted against Russia as overriding mandatory rules—on which foot should international arbitrators stand?

Abstract Over the last decades, the role of international arbitrators has evolved from dealing with purely private interests to promoting the rule of law worldwide and safeguarding the interests of the international community. Following the armed conflict in Ukraine, a plurality of States has enacted international sanctions against Russia, which are currently impacting the performance of many international contracts. This article analyses the enforcement of international sanctions by international arbitrators as a matter of overriding mandatory public policy rules. This article also draws a new perspective on the subject, by analysing it from two different yet complementary approaches. First, because national courts have supervisory powers at the post-award stage, the reasoning of international arbitrators may depend on whether such international sanctions are regarded as public policy rules within relevant national legal orders. Secondly, because international arbitral tribunals have no forum, their decision regarding the enforcement of international sanctions will depend on the existing legal theories of international arbitration. After comparing the different results under the territorial, multilocal, and transnational approaches, the author advocates for the enforcement of international sanctions against Russia as part of transnational public policy rules.