Enforcement Procedures Research Articles

THE (IN)VIABILITY OF SUBSTANTIAL COMPLIANCE AS A MEANS OF DEFENSE IN THE EXTRAJUDICIAL SEARCH AND SEIZURE OF A VEHICLE IN THE RTD

This article examines whether the claim of substantial performance is a possible means of defense in the extrajudicial search and seizure procedure for vehicle fiduciary sale at the Registry of Deeds and Documents (RTD), included in Decree-Law 911/2023, by the New Guarantee Law. To this end, it analyzes aspects of the constitutionality of the new procedure in light of the judgments of the Supreme Federal Court regarding the extrajudicial execution of mortgages (RE 627,106) and the fiduciary sale of real estate (RE 860,631). It then establishes that objective good faith is the meta-legal premise of substantial performance, studying its (in)compatibility with the claim of substantial performance in the enforcement procedure at the RTD. It presents doctrinal views on the theory of substantial performance, with evidence of its acceptance in the Brazilian legal system. Next, it summarizes the extrajudicial search and seizure procedure, according to the new legislation, drawing a parallel with the already consolidated jurisprudence, regarding similar procedures. It moves on to the analysis of the results, whose comparison points to the inadmissibility of the claim of substantial fulfillment, both in judicial proceedings and even more so in extrajudicial proceedings, given the summary cognition of the registrar, in the search and seizure procedure of the fiduciary alienation in vehicles.

The Challenges of the New York Convention and Potential Solutions

This paper analyzes the current challenges of the New York Convention and proposes potential solutions through the actual situation and public reporting. Central to these challenges is the over-dependence on the judicial systems of the target countries, which often results in inconsistent and unreliable enforcement of international arbitration awards. This analysis identifies several key issues impacting the Convention's effectiveness: the conservative attitude of some countries in the enforcement of international arbitration, judicial corruption, the imperfection of the judicial system, and the different enforcement procedures under various judicial systems. To address these impediments, the paper explores innovative solutions inspired by successful practices from other international legal frameworks. Notably, it examines the streamlined processes of the Madrid Agreement Concerning the International Registration of Marks and various bilateral legal assistance agreements. These models provide valuable insights into simplifying procedural complexities and enhancing the uniformity of legal processes. By integrating these practices, the paper proposes actionable strategies to mitigate the current limitations of the New York Convention, aiming to bolster its role as a foundational instrument in the global arbitration landscape.

A New Era in the Implementation of Rehabilitation and Compensation Rulings in State Administrative Courts

The implementation of court rulings on rehabilitation and compensation in the State Administrative Court has entered a new era with the issuance of execution guidelines for the supervision of rulings with permanent legal force by the Head of the State Administrative Chamber of the Supreme Court of the Republic of Indonesia. These guidelines mark the first time in the history of the Supreme Court that a compensation amount has been reassessed and determined by the Serang State Administrative Court due to the failure to implement rehabilitation in an employment dispute. The compensation awarded does not refer to Government Regulation No. 43 of 1991, which limits compensation to between one hundred thousand rupiah and two million rupiah, but instead is based on the actual losses of the petitioner. This practice has set a positive precedent for the execution of compensation or monetary payments, which is expected to be followed by other State Administrative Courts. It is hoped that the Plaintiffs/Execution Applicants will follow the legal enforcement procedures outlined in the Minister of Finance Regulation Number 80/PMK.01/2015 regarding the Implementation of Legal Decisions, enabling the realization of compensation payments, and it is recommended that the Minister of Finance execute the legal decisions, especially the Supreme Court's re-determination regarding the compensation payment amount, so that justice for the Plaintiffs/Execution Applicants can be fully realized.

Regulation of the Role of Mediators in Efforts to Resolve Employment Disputes: A Comparative Study of Indonesia and United Kingdom

This study aims to examine the regulatory frameworks for mediators in employment dispute resolution in Indonesia and the United Kingdom. The research method involves a comparative analysis of the two countries' approaches to regulating the mediation process, mediator qualifications, and the enforceability of mediated agreements. The findings of the study indicate that a robust regulatory environment is crucial in ensuring the credibility and reliability of the mediation process, which in turn increases the willingness of parties to engage in mediation and improves the overall outcomes of employment disputes. The research identifies key considerations for the development of a future regulatory framework, including the need to strike a balance between confidentiality and transparency, strengthen the enforceability of mediated agreements, and harmonize the standards for mediator training, accreditation, and ethical guidelines. The research results suggest that the implementation of a regulated system for case reporting, the development of specialized tribunals or procedures for efficient enforcement of mediated agreements, and the establishment of comprehensive national standards for mediator qualifications and continuous professional development would contribute to the overall effectiveness of mediation as a dispute resolution mechanism in both developed and developing country contexts.

Fisheries law enforcement in the yellow sea by Chinese coast guard agencies: Legal sources, core issues and dispute settlement

As an important aspect of maritime law enforcement, fisheries law enforcement is no longer solely within the sovereignty of coastal states. Instead, it has become a complex issue of domestic and international law, especially in disputed waters. This essay focuses on the Yellow Sea area, first sorting out the legal sources of fisheries law enforcement by Chinese Coast Guard Agencies, and then discussing core issues closely related to fisheries law enforcement in the region, including the definition of Chinese jurisdictional waters, the right to use weapons by authorized agencies, and administrative procedures for fisheries law enforcement. Meanwhile, this essay considers alternative options and potential pathways on both domestic and international levels, through which China and South Korea might settle their disputes arising from fisheries law enforcement activities. On this basis, a regional cooperation framework is argued to be established to eliminate differences, reach consensus, and promote peaceful, harmonious, and effective fisheries law enforcement activities between the two states.

Civil Disputes and Civil Litigation: Analysis of Concepts, Characteristics and Resolution Mechanisms

This article discusses the basic concepts and characteristics of civil disputes and civil litigation and their resolution mechanisms, and analyzes the characteristics and resolution of different types of civil disputes, such as contract disputes and tort disputes. The article also describes in detail the civil litigation procedures, including the various aspects of prosecution and filing, trial procedures and enforcement procedures. It further discusses the background and motivation of the reform of the civil litigation system, as well as the content of the reform, such as the simplification of trial procedures, the application of electronic litigation and the improvement of the enforcement mechanism. Finally, the article looks forward to the development trend of the civil litigation system, including informationization and intelligence, the promotion of diversified dispute resolution mechanism and its institutional guarantee. Through these discussions, it aims to enhance judicial efficiency and fairness, and to meet the modern society's demand for fast and fair resolution of civil disputes.

Comment: The Propriety of Locus Standi Provision in Nigeria’s Fundamental Rights (Enforcement Procedure Rules), 2009

Comment: The Propriety of Locus Standi Provision in Nigeria’s Fundamental Rights (Enforcement Procedure Rules), 2009

Korean Competition Law Enforcement: Recent Developments

This article explains recent developments in Korean competition law enforcement from three perspectives. First, the Korea Fair Trade Commission (‘KFTC’) has recently improved its public enforcement procedures, focusing on preventing the collection of irrelevant materials during its on-site investigations, ensuring confidentiality in the KFTC’s investigations against the legal departments of investigated companies, and enabling more active participation from respondents in expressing their opinions. Second, the most significant progress in the enforcement of Korea’s Monopoly Regulation and Fair-Trade Act (‘MRFTA’) is evident in criminal enforcement. The KFTC and various other national institutions are actively employing criminal penalties, compelling companies to consider criminal procedures early in their response to investigations. Third, advancements have also been made in private enforcement, including (1) increased damage suits by parties injured by MRFTA violations, (2) derivative suits initiated by shareholders to recover company losses, and (3) recent legislative efforts to promote private enforcement through injunctions that prevent and prohibit violations and assist the injured parties in proving damage.

The Interplay of Banking Development and Legal Reforms

The enforcement of mortgage rights plays a pivotal role in ensuring economic stability and protecting citizens' financial interests. Within the broader context of economic governance, the banking sector acts as a fundamental pillar, driving economic growth and safeguarding financial certainty. This study examines the regulatory framework governing the enforcement of mortgage rights in Indonesia, emphasizing its impact on financial security and the reduction of Non-Performing Loans (NPL). Through a normative juridical approach, this research analyzes the existing legal provisions in Indonesia and explores avenues for enhancing the mortgage enforcement process. In addition to legal analysis, philosophical discourse is employed to understand the practical challenges in enforcing mortgage rights. A comparative approach focuses on the Indian legal system, where mortgage rights can be executed without court intervention. India’s approach has effectively reduced Non-Performing Assets (NPA), offering valuable insights into Indonesia’s legal reform efforts. The study suggests adopting a comparable framework in Indonesia could streamline mortgage enforcement procedures, reduce litigation, and enhance financial stability. This research aims to contribute to Indonesia’s broader economic management and governance strategies by proposing legal reforms and promoting a more efficient, competitive, financial security, and equitable financial system.KEYWORDS: Legal Reform, Banking, Morgage Rights, Indonesia, India.

Innovative strategies and forward thinking on China’s digital maritime law enforcement

In the digital era, the limitations of traditional maritime law enforcement models have become apparent. China actively promotes digital maritime law enforcement and has conducted thorough exploration across policy, technology, and legal domains. The primary legal foundation is the Coast Guard Law, bolstered by policy initiatives like the “21st Century Maritime Silk Road”, the “Maritime Community with a Shared Future” strategy, and the “Technology Empowers the Marine” plan. By coupling law and technology, China’s digital maritime law enforcement has innovatively established a three-dimensional enforcement model of “online + offline” at sea. It utilizes artificial intelligence to assist in maritime law enforcement decision-making, employs big data sharing for collaborative maritime law enforcement, and advances maritime compliance enforcement by digital technology. Through case analysis and effectiveness assessment, China’s digital maritime law enforcement has yielded significant results. Nonetheless, it also encounters various challenges, including data privacy infringement, cybersecurity attacks, the legitimacy of digital evidence collection, and data sharing barriers. Therefore, at the institutional level, standardizing digital maritime law enforcement procedures and establishing both horizontal and vertical coordination mechanisms are imperative. At the technical level, introducing privacy protection technologies and increasing investment in network security technologies are necessary. At the conceptual level, China should adhere to data ethics principles and strengthen awareness of open data sharing. The future of the oceans is digital, and China should advance the modernization of national maritime governance through digital maritime law enforcement.

Legal Framework on Noise Pollution Management on SDG: Aqualitative Case Study in Vietnam

Context: Noise pollution is understood as sound exceeding a certain threshold, causing negative effects on human health and well-being. There are various causes of noise pollution, such as machinery used in production processes, construction activities, traffic, commercial establishments, and household activities. However, in Vietnam, behaviors contributing to noise pollution share the common characteristic of being easily detectable but challenging to address and terminate due to enforcement difficulties. Research Methods: In this article, to clarify the research issues, the following specific research methods were used: (1) Qualitative Research methods, (2) Exploratory research method; (3) Inductive and deductive methods; Statistical and synthetic methods; (4) Comparative method (Nguyen Thanh Phuong & Tran Thanh Khoe 2023). Findings: The study has identified several shortcomings, including the lack of consistency in regulations related to noise management in Vietnam, such as (1) Competent authorities for handling; (2) Forms of handling; and (3) Processing procedures. Based on the analysis, the authors also propose some useful solutions to address the issue of noise pollution. Conclusion: From the research results, noise control regulations in Vietnam have been observed have not received sufficient attention, with regulations being relatively sparse and less stringent compared to other countries worldwide. While some countries recognize the importance of noise management and have enacted separate laws directly regulating noise management issues. For instance, the United States enacted the Noise Control Act as early as 1972 with strict provisions. In 1997, China also implemented the Noise Pollution Prevention and Control Law (Huy Hoang, 2022). Based on the analysis of this paper, it can be seen that Vietnam needs to establish unified and stringent regulations regarding competent authorities for enforcement, forms of penalties, and penalty enforcement procedures concerning noise pollution. Additionally, there is a need for a specific law directly addressing this issue.

Woman and Human Rights in Nigeria: A Study of Delta State

The Constitution of the Federal Republic of Nigeria 1999 chose certain rights to protect under chapter IV and termed them as Fundamental Rights. These rights protected not only by the Constitution, but also by the African Charter on Human and Peoples Right. Whenever there are breaches of these fundamental rights, the law provides a procedure for their enforcement, which is the Fundamental Rights (Enforcement Procedure) Rules 2009. The basic objective of the 2009 Rules is to facilitate enforcement procedure by removing some of the impediments in 1979 rule. Unfortunately, it is clear that the procedure for enforcement of Fundamental Rights is still bedeviled by delay. Many applications alleging serious human rights violations are routinely struck out or dismissed. However, the pertinent question is: to what extent are the human rights provision in these legal instruments realized or enforced as it relates to the women folk? It is worthy of note that there are equally other important impediments in the realization of the objective of Fundamental Rights (Enforcement Procedure) Rules 2009, such as the distinction between main claim and ancillary claim in the Nigerian fundamental rights, because litigants are cautious of whether or not their will succeed because of this distinction. This research examines Women and Human Rights in Nigeria. This research made an in depth analysis of the rules and considered to what extent it achieved its objective in order to enhance a robust human right regime as it relates to the women folk. To achieve a close -to- accurate" if not accurate result, the research embarked on a field work. To this end, empirical method of research is used. This research found out that the Fundamental Rights (Enforcement Procedure) Rules 2009, though has brought tremendous changes in the field of human rights protection (e.g the abolishment of locus standi and leave, is still faced with some major setback like the issue of principal and ancillary claim in the enforcement of fundamental rights and the jurisdiction of the National Industrial Court which is not clear in the rule. The work recommend that Courts should do away with the dichotomy between principal and ancillary and the definition of courts in the Rule should include the National Industrial Court.

Bounced Cheque as an Enforceable Instrument: A Comparative Study between the United Arab Emirates (UAE) & French Legislations

Purpose: This research aims to define the bounced cheque, which is considered an Enforceable Instrument, and to clarify its cases, implementation procedures, and the conditions associated with this execution through a comparative study of the prevailing legal provisions in both Emirati and French law. Theoretical reference: The study examines the concept of a bounced cheque as an Enforceable Instrument under the legal frameworks of the UAE and France. It analyzes the criteria, cases, and procedural requirements for executing a bounced cheque in both jurisdictions, highlighting the differences and similarities in their legislative approaches. Method: A comparative analysis was conducted, scrutinizing the legal provisions and enforcement procedures related to bounced cheques in Emirati and French law. The study involved reviewing relevant statutes, case laws, and legal commentaries to understand the practical implications of treating a bounced cheque as an Enforceable Instrument in both countries. Results and Conclusion: The research reveals that in UAE law, a bounced cheque is considered an Enforceable Instrument as soon as the bank notes the absence of sufficient funds or that the drawer's account has been closed. In contrast, French legislation grants Enforceable Instrument status to an unpaid cheque only after a thirty-day period, allowing the drawer time to settle the cheque's value or reach a settlement with the beneficiary. The study concludes that while both legal systems recognize the enforceability of bounced cheques, they differ significantly in the timing and conditions under which this enforceability is granted. Implications of research: The findings suggest that while the immediate enforceability of bounced cheques in the UAE provides swift recourse for beneficiaries, the French approach of granting a grace period offers a more balanced consideration for the drawer. The research implies that incorporating a reasonable time frame for fulfilling the value of the bounced cheque, as suggested in the recommendations, could harmonize the interests of both parties involved. Originality/value: The research provides a comprehensive comparative analysis of the enforcement of bounced cheques in Emirati and French law, offering valuable insights into the strengths and weaknesses of each system. The proposed recommendation of a balanced time frame for cheque fulfillment contributes to the ongoing discourse on optimizing legal procedures for financial instruments, potentially influencing future legislative reforms.

Relationship between Civilian Injuries Caused during Contact with Law Enforcement and Community-Level Sociodemographic Characteristics.

Civilian injuries caused during contact with law enforcement personnel erode community trust in policing, impact individual well-being, and exacerbate existing health inequities. We assessed the relationship between ZIP code-level rates of civilian injuries caused during legal interventions and community-level sociodemographic characteristics using Illinois hospital data from 2016 to 2022. We developed multivariable Poisson regression models to examine whether legal intervention injury rates differed by race-ethnicity and community economic disadvantage across three geographic regions of Illinois representing different levels of urbanization. Over the study period, 4976 civilian injuries were treated in Illinois hospitals (rate of 5.6 per 100,000 residents). Compared to non-Hispanic white residents, non-Hispanic Black residents demonstrated 5.5-10.5 times higher injury rates across the three geographic regions, and Hispanic-Latino residents demonstrated higher rates in Chicago and suburban Cook County, but lower rates in the rest of the state. In most regions, models showed that as the percent of minority residents in a ZIP code increased, injury rates among non-Hispanic Black and Hispanic-Latino residents decreased. As community economic disadvantage increased at the ZIP code level, civilian injury rates increased. Communities with the highest injury rates involving non-Hispanic white residents were significantly more economically unequal and disadvantaged. While the injury rates were consistently and substantially higher among non-Hispanic Black residents throughout the state, the findings illustrate that the association between overall civilian injuries caused during contact with law enforcement and community sociodemographic characteristics varied across regions. Data on local law enforcement agency policies and procedures are needed to better identify appropriate interventions.

Codes of Conduct at Political Science Conferences: Prevalence and Content

ABSTRACT Academic conferences are important institutions for promoting new research and facilitating conversations about the field. As a venue for knowledge exchange, professional development, and networking, conferences ideally promote positive environments that make scholars from underrepresented groups feel welcome. Yet, negative experiences at conferences are well documented. Codes of conduct have been promoted as tools to reduce harassment and discrimination. This article examines the prevalence and content of codes at US-based political science conferences and workshops. More specifically, we analyze whether and how codes address issues of sexual misconduct and identity-based discrimination. We find that 19% of 177 surveyed conferences have a code of conduct. Conferences that are older and larger are more likely to have codes, as are conferences that are run by organizations with permanent staff and relevant committees. We argue that effective conference codes must contain definitions, reporting channels, and enforcement procedures. Many of the analyzed codes did not explicitly define prohibited behaviors, specify mechanisms to report code violations, or describe consequences for misconduct.

Innovation Helps with Sustainable Business, Law, and Digital Technologies: Economic Development and Dispute Resolution

This paper discusses the dispute resolution procedure that innovative digital commerce has adopted for the future for sustainable business. As digital trade becomes increasingly important for economic growth, trade-related disputes must be settled in both business and consumer situations. This study examines the advantages of using digital technology to resolve disputes involving digital trade and discusses how digital technology is changing traditional dispute resolution procedures. Conventional trade disputes differ from their digital counterparts because the digital sphere gives rise to more complex trade conflicts that require stronger regulatory resources. The utilization of digital technologies such as blockchain, artificial intelligence, innovation-based models, digital strategies, and others can enhance the efficacy of conflict resolution. Digital technology can assist in resolving disputes with digital trade, even though procedural fairness issues including prejudice and algorithmic opacity may also arise. The research highlights the importance of developing innovative techniques to set up trade dispute resolution procedures and building legal frameworks for jurisdiction, trial, and enforcement procedures in addition to stressing the usage of digital technology.

Empowering MSMEs: Unravelling the Essence of Business Law and Brand Protection in Indonesia

In the context of Indonesia, as a country with a very large number of MSMEs, a good understanding of the role of business law and trademark protection is a very important capital to create a conducive and sustainable business climate for MSMEs. Along with a better understanding, it is also expected that there will be an increased awareness of the importance of trademark registration and business law protection for MSMEs in Indonesia. This study explores the complex legal and trademark protection system that Indonesian MSMEs (micro, small, and medium enterprises) have to go through. Business registration procedures, compliance standards, and legal support present barriers that are revealed through normative analysis and further explained through interviews with experts. In addition, there are problems with brand protection procedures, such as difficult law enforcement and protracted brand registration procedures. The results are synthesized into normative solutions that suggest changes to the company's compliance, registration, legal aid, and brand protection systems. If put into practice, these solutions can empower MSMEs, encourage innovation, and boost the Indonesian economy. In addition, it is also important to create mechanisms that make it easier for MSMEs in the trademark registration process. Simple measures such as simplification of registration forms and improved accessibility of information on the registration process can greatly help MSMEs with limited resources and knowledge. These measures, along with the proposed normative solutions, can significantly improve MSME trademark protection, encourage innovation, and strengthen the Indonesian economy.

KAJIAN HUKUM DAN REGULASI TERKAIT SERANGAN HACKING PADA PLATFORM DIGITAL DI INDONESIA

Hacking is a technique carried out by someone (hacker, cracker, intruder, or attacker) to attack a system, network, and application by exploiting weaknesses with the intention of gaining access rights to data and systems. Currently, the development of Information and Communication Technology (ICT) is experiencing very rapid growth. The development of information technology, especially the internet, has provided many positive benefits for its users. However, the use of internet technology also has negative impacts that cannot be ignored. The increase in Cybercrime cases in Indonesia is also caused by the impact of advances in Information Technology. Based on this explanation, the aim of this research is to find out how to study law enforcement procedures for hacking victims on digital platforms and how to ensure that digital platform users are more regulated regarding cyber security. The research method used is a descriptive analytical method. The results and discussion in this research are that handling crime cases in the field of information and electronic transactions is a responsibility that has been established for investigators, especially cyber patrols, to investigate and uncover these crimes. The investigation process has a very important and strategic role in determining the success of criminal law enforcement. The quality of a good investigation greatly determines the possibility of success in the prosecution process and makes it easier to reveal material truths during the trial. In order to prevent cybercrime, it is important for individuals and governments to have a deep understanding of crime patterns in the digital realm as well as current and ongoing internet trends and behavior carried out by perpetrators of these crimes. Keywords : Hacking, cyber, digital platform

Methods of Judicial Cooperation and the Procedure for Enforcement Under International Law; Identifying the Nexus between Theory and Practice

The idea of judicial cooperation in criminal cases and enforcement under international law is undoubtedly based on the broad tenet that it is in the interests of civilised nations for crimes to be prosecuted and that it is customary for states to cooperate with one another in order to provide every support necessary to bring criminals or persons guilty of certain crimes involving international matters to justice. The world legal system has indeed reached a global operations clime, with undoubted interconnection between international courts and tribunals with and amongst states directly affected. The aim is to create a formidable mechanism for legal certainty and stability at a global scale and crystallize a reality where criminal offenders who attempt to escape criminal punishment in a state where an offence is committed are made to face the full force of the law by not only presenting them for criminal trials but making evidence available against them leading to justice being done in the circumstance. This formidable mechanism consists of elements such as mutual legal assistance, extradition, reparation etc. Consequently, this work examines critically the methods of judicial cooperation and enforcement procedure laying much emphasis on mutual legal assistance and extradition viz a viz the need to reconcile theory and practice noting that the ultimate objective of judicial cooperation is the creation of a world where there is no safe haven for criminals. Keywords: International law, States, Judicial cooperation, Enforcement mechanisms, Criminal cases.

Automatic Traffic E-challan Generation

Utilizing state-of-the-art technology, Automated Traffic E-challan Generation systems are employed to promptly detect and document traffic violations as they occur. By seamlessly integrating cameras, sensors, and sophisticated algorithms, these systems independently identify transgressions including but not limited to speeding and unauthorized parking. After detection, electronic citations (e-challans) are swiftly produced and delivered to vehicle proprietors, thereby optimizing enforcement procedures and bolstering overall road safety. However, notwithstanding their efficacy, the deployment of such systems mandates the meticulous consideration of privacy and equity issues, necessitating the enactment of suitable regulatory protocols. The Automatic recognition of license plate is the basis of effective management in traffic, the automatic detection and localization of license plate is an important part. Keywords- Python, Raspberry Pi, Convolutional Neural Network