Justice Research Articles

Development Law in the Context of Legal Theory and Philosophy: Challenges and Opportunities Toward Social Justice

This research project is an in-depth analysis of legal theory and philosophy in the context of the concept of development law. An understanding of how law functions as an instrument of social justice is crucial to this analysis. This research employs the literature study method to collect, distill, and interpret a range of academic sources pertaining to development law, social justice theory, and philosophical approaches that inform our understanding of justice in development. From a theoretical standpoint, this study draws upon relevant theories that emphasize equality of opportunity and resource distribution as a prerequisite for social justice. These theories are useful in emphasizing the importance of legislation that is capable of guaranteeing equal access and fair distribution. Furthermore, progressive legal theory and responsive legal thinking are investigated to ascertain how development law can serve as a dynamic instrument of change in alignment with social, cultural, and economic transformations. The findings of this research are anticipated to offer insight into how development law is not merely a collection of regulations but also an active instrument in fostering a more just and inclusive society. By incorporating aspects of social justice into development law, the prospect of realizing sustainable and balanced development is enhanced.

How political ideology relates to political branding in the United States: A longitudinal analysis of the 2016, 2018, and 2020 elections

Do republican voters always care about financial security? Do democrat voters always want care for immigrants? This research examines political ideology aspects over a period of three election cycles in the United States to study the ideological connections with republican and democrat voters. These relationships are important to understand as political candidates use marketing strategies to create and maintain their brand image, and thus, turn themselves into “brandidates.” Unlike those existing studies that focus on how to build a political brand image, this research examines how voter political ideology is related to the branded image candidates build for themselves. This research assesses this relationship over three election cycles (2016, 2018, 2020) allowing us to understand, through a longitudinal analysis, not only the strength of these relationships, but also which ideologies are un/stable in their association with specific political candidates/parties. Ten constructs are employed to measure the aspects of political ideology and are linked together through the overarching framework of integrated threat theory and are primarily explained by the three theories of social identity, economic insecurity, and systems justification. Practically, these findings can be used by candidates, campaign managers, political parties, and marketing consultants to better connect with the electorate and appeal to existing supporters, undecided voters, and possibly those from other parties.

Indigenous Land Dispute Resolution in Indonesia: Exploring Customary Courts as an Alternative to Formal Judicial Processes

Indigenous tribes struggle to protect their lands, identities, and livelihoods throughout conflicts. Indigenous areas are threatened by resource exploitation and development-related land ownership conflicts, requiring efficient conflict resolution. International frameworks for post-conflict property recovery rarely address customary land rights. This study examines Indonesian traditional courts as alternatives to indigenous land disputes. It investigates the legal coherence, justice, and utility of traditional judicial proceedings using secondary legal sources in a juridical-normative manner. The study compares customary and formal legal systems, evaluates traditional court procedures for fairness, and examines their effects on sustainable land management and community empowerment. Customary justice procedures should be integrated into the legal system to promote inclusive and sustainable development and safeguard indigenous rights and traditions. The paper recommends stronger cooperation between formal and customary legal systems and suggests future research to resolve constraints and improve understanding of customary law dynamics in settling indigenous land issues in Indonesia.

An Islamic Approach to the Veil of Ignorance and the Original Position

Abstract One critique of John Rawls’ theory of justice is the inconceivability of the “original position,” as it is impossible to conceive of a self without all particular features. When this problem is considered, we try to imagine the position of contracting parties with no definite idea of the good, helping us understand the correspondence between the conditions of the original position and the contracting parties’ ideas of the good. This article focuses on the unacceptability of the conditions of the original position, with its implicit veil of ignorance, as it is related to Islam. Islamic thought cannot accept Ralws’ conditions due to Islam’s universal command to follow the dictates of God and specific religious norms. Alternatively, the international original position presented in The Law of Peoples, with access to particular types of the good, is more appropriate for the Islamic context, exemplified through the idea of Kazanistan, with its Islamic form of government and membership in the Society of Peoples.

Juridical Analysis of the Legal Protection of Workers / Laborers Against Termination of Employment That Is Not in Accordance with Law Number 6 of 2023 concerning Job Creation

Law No. 6 of 2023 on Job Creation aims to encourage economic growth in Indonesia, but it also brings significant changes to labor regulations, including the expansion of the reasons for Termination of Employment. This research aims to analyze legal protection for workers who are laid off not in accordance with the provisions of the law. In addition, this study seeks to understand the challenges of protecting workers' rights in the midst of increasingly complex labor dynamics. The approach used is a normative approach, analyzing various related regulations, especially the Job Creation Law and the Employment Law. This study also examines the theory of legal certainty, justice, and legal protection as an analytical framework. Using a case study approach, this study analyzes the case of unilateral termination of employment at PT BFI Finance as a concrete example to assess the application of legal provisions in practice. The research method used is normative legal research with secondary data, including primary, secondary, and tertiary legal materials. The results of the study show that the Job Creation Law provides a clearer legal framework regarding the layoff procedure and legitimate reasons. However, there are challenges in the implementation and enforcement of the law that need to be overcome, considering that there is still a gap between legal provisions and practices in the field that can be detrimental to workers' rights. The research recommendations include the need for more intensive socialization to workers and employers about the new provisions, as well as consistent law enforcement to protect workers' rights.

Strategic Management Practices on the Performance of Non-Government Organizations in Kisii County, Kenya

Running Non-Governmental organizations still has its fair share of challenges. Managerial efficiency is still wanting, its performance is very low with most of them witnessing increased corruption cases. Thus, the purpose of this study was to assess the influence of strategic management practices on the performance of NGOs in Kisii County, Kenya. The target population was 906 respondents comprising 16 Presidents, 16 Treasurers and 804 members of the board. The sample size for the study was 112 respondents comprised of 16 presidents and 16 treasurers who were sampled purposively while 80 board members were sampled randomly, 5 of them per NGO. Questionnaires were used to collect data from the board members whereas interviews were used to collect data from presidents and treasurers. Piloting of research instruments was conducted amongst 10.0% of the sample size of the respondents in the neighbouring Kisii County to establish validity, reliability, credibility, and dependability. Validity was ascertained through expert judgment. The reliability of the instruments was determined using the test-retest technique. The correlation coefficient was obtained using Pearson’s Product Moment Correlation Method. If a coefficient of r≥0.7 is obtained, then it indicates the high internal reliability of the instruments. Credibility was established by data triangulation through multiple analysts whereas dependability was established through detailed reporting. Data analysis began by identifying common themes from the respondents’ descriptions of their experiences. Frequency counts of the responses were then obtained to generate information about the respondents and to illustrate the general trend of findings on the various variables that were under investigation. Qualitative data was analysed thematically along the objectives and presented in narrative forms whereas quantitative data was analysed descriptively using frequencies, percentages, mean and standard deviation and inferentially using correlation and linear regression with the help of Statistical Packages for Social Science (SPSS Version 23). The study had a response rate of 87% which was considered to be very good, and 32 respondents were interviewed. The findings of the study were presented using tables and charts. After the analysis was conducted, it was evident that the majority of the NGOs did not engage in the expected procedures of strategic management, specifically planning, implementation and evaluation. Though there was some level of agreement in understanding the external environment in a firm operated, the majority of the respondents were not aware of how dynamic their work environment can change thus affecting their firm’s objectives. Ensuring that firms conducted an internal analysis to identify their strengths and weaknesses, ensuring firms had crisis management plans, well-defined objectives that would enable the achievement of long-term goals, and practical milestones that could be used to gauge the accomplishment of the set goals were among the significant predictors are detailed in the inferential statistics sections.

Application of the Stable Diffusion neural network for visualizing crime scenes and modeling criminal events

The study is devoted to the analysis of the possibilities of using the Stable Diffusion neural network for visualizing crime scenes and modeling criminal events. Thanks to the model’s ability to generate high-quality and realistic images based on textual descriptions or other raw data, it opens new horizons for forensic investigations. In particular, Stable Diffusion allows you to create accurate crime scene visualizations, recreating the events before, during, and after a crime is committed. This approach contributes to the improvement of the analysis of crime scenes, more effective planning of investigative actions and hypothetical modeling of possible scenarios of the development of events. One of the unique features of the neural network is the possibility of reconstructing scenes based on textual descriptions, which is especially useful in judicial and investigative practice for presenting the evidence base and visualizing criminal events to jurors. The model also allows the use of interactive tools for studying crime scenes in different dimensions, which increases the accuracy and efficiency of forensic investigations. The article discusses in detail the technical possibilities of Stable Diffusion, including the stages of image generation, from random noise to full-fledged visualization. The possibilities of integrating a neural network with virtual reality (VR) systems and 3D modeling programs are analyzed, which opens up new perspectives in creating full-fledged virtual reconstructions of crime scenes. At the same time, the main challenges and limitations are discussed, including the need for high computing power, legal justification, and ensuring data privacy. Advances in machine learning technologies make Stable Diffusion a promising tool for improving forensics investigations and training. The paper also provides examples of interactive work with virtual scenes, when investigators can change model parameters for a better understanding of events. This allows for a comprehensive analysis of the crime scene, including taking into account various variables, such as viewing angle, changing lighting or other seasons, which significantly improves the decision-making process during investigative activities.

Rural Researcher and Practitioner Responses to Misrecognition and Distributive Injustice

The articles in this issue can be viewed through the lens of theories of Recognition and Distributive Justice. These theories, when applied to rural education point to the marginalisation and devaluing of rural education, such that some kind remedy is required. The remedies for this are arguably the responsibility of systems that develop policies and provide funding for research and education. But we find that educators and researchers respond in their own way to the deficits and distributive injustices that are imposed on their roles in rural and remote communities. In the articles of this issue, we see researchers and practitioners investing their time, persisting and persevering despite apparent failure, engaging socially, and making space for the next generation of educators and researchers. The contexts in which these actions are taken vary, and so too do the expressions of these responses.

Impact of Observed Abusive Supervision on Employee's Reaction: A Moderated Mediation Model

Grounded on the conservation of resource theory and deontic theory of justice this study anticipated a model that examines the Observer reactions to abusive supervision that links to feedback avoidance and silence towards the supervisor. A physical and online survey was conducted, collecting data from approximately five hundred healthcare professionals in South Punjab. Observed abusive supervision shows a positive association with feedback avoidance and silence towards supervisors the moderating effect of social support reflected in such conditions of facing abusive supervision employees are looking for social support so social support moderates the indirect effect of observed abusive supervision on silence towards supervisor via feedback avoidance such that the indirect effect will be weaker when a high level of social support. We conclude our findings for research on observed abusive supervision, feedback avoidance, silence towards the supervisor, and social support.

Seven Years of GST: Time to Move Beyond the Exuberance

The introduction of the Goods and Services Tax (GST) in the country in July 2017 marked a watershed in the history of indirect tax reforms in the country. The dual structure of GST in India, with all its infirmities, has had significant positive outcomes. It has reduced multiplicity of taxes, cascading of tax, created uniform tax structure on a common base, a uniform GST architecture, rules and processes, and seamless flow of credit across different tax jurisdictions, across the country. But like any other major tax reform, GST in India initially had its fair share of glitches, some of them still continue, although to a much lesser degree and intensity. Due to constraints imposed by the federal nature of our polity, the centre and the states opted for an ‘imperfect GST’ in place of ‘flawless GST’, with the hope that the design flaws would be corrected once the GST stabilizes. While we celebrate the success of GST in the country, we need to usher in the second-generation GST reforms that will broadly encompass; first, the rationalization of tax slabs, and second, expansion of the tax base by pruning exemptions and bringing petroleum products, electricity, alcohol and real estate under GST. The feasibility of inclusion of excluded items, which constitute around 43% of the state’s own tax revenues, in GST, remains bleak at this stage as it will greatly impact the fiscal autonomy of the states. A beginning can, however, be made to rationalize the rate structure which will remedy many of the complexities and problems being faced at present. But, to even address the issue of rate rationalization, the trust deficit between the centre and the states that has suffered a huge dent during the intervening years has to be bridged. JEL Classification: H21, H77

Cognitive Spontaneous Beliefs, and Reliability within the System. Book Review: BonJour L. The Structure of Empirical Knowledge. Cambridge, MA: Harvard University Press, 1985. (Chapters 5–6)

The key point of Laurence BonJour’s coherentist conception of the justification of empirical knowledge is the coherentist concept of observation, which (a) postulates that there is a special class of cognitively spontaneous beliefs with which the system’s beliefs must cohere in order to be considered justified; (b) their reliability is determined within the system as a consequence of our generalization on a set of facts when a belief appears, and it is highly likely to be true, and it is likely to appear in a situation in which it will be true; and (c) the subject has the ability to reflexively grasp the approximate content of his own belief system. Among the main sources of inspiration used by L. BonJour, one can find the conceptions of “language-entry transition” by W. Sellars and “truth-sufficiency” by W. Alston. Much of the material is devoted to arguing for the final argument for cognitively spontaneous beliefs. The review is a detailed analysis of the second part of L. BonJour’s book «The Structure of Empirical Knowledge» (chapters 5–6), dedicated to foundations for a coherentist theory of justification of empirical knowledge.

Police Accountability and the Administration of Justice in Nigeria: A Case Study of Cross River State Command

The police are essential for maintaining law and order, yet they face frequent allegations of human rights violations in Nigeria. This study investigates the Cross River State Police Command, focusing on how their actions contribute to human rights abuses. Key objectives include exploring conditions in police custody, assessing the legal rights of suspects, and examining issues of unlawful arrests and detention. Utilizing Tom Tyler's Procedural Justice Theory (1990), the research employs a descriptive survey design, gathering qualitative data through interviews. Participants, including police officers, legal practitioners, and individuals who have experienced human rights violations in Cross River State, were selected through purposive and cluster sampling from three police stations across different senatorial districts. Data were transcribed and analyzed thematically. Findings reveal pervasive human rights abuses by the police, such as corruption, extortion, brutality, and excessive force, which have eroded public trust and impaired effective intelligence gathering. The study recommends enforcing accountability for corrupt practices and serious abuses like extrajudicial killings and torture, urging stringent legal consequences to dismantle the culture of impunity within the Nigeria Police Force. Received: 20 September 2024 / Accepted: 8 November 2024 / Published: 20 November 2024

Reconstructing Civil Service Recruitment Policies in Indonesia: Ensuring Justice and Equity in Regional ASN Procurement Aligned with SDG 8 And SDG 10

Objectives: This study aims to analyze the limitations of Law Number 20 of 2023 on State Civil Apparatus (ASN Law) in accommodating the principle of justice in ASN procurement, especially in regional areas. Theoretical Framework: The study employs theories of fair governance and distributive justice, focusing on equitable access to public resources and services. The analysis also incorporates principles from SDG 8 (Decent Work and Economic Growth), which advocates for decent work opportunities across regions, and SDG 10 (Reduced Inequality), which underscores the need to reduce disparities in resource distribution across areas. Method: This research uses a normative approach, reviewing legal literature and regulations related to the governance of ASN procurement. Results and Discussion: The findings indicate that the centralistic nature of the ASN Law limits regional autonomy in managing ASN procurement, leading to challenges in adequately staffing local governments according to their unique needs. Issues such as the PNS moratorium and low ASN recruitment absorption rates exacerbate these challenges, creating gaps in human resources within local government ranks. The study proposes regulatory reconstruction, including a balanced division of authority between central and regional governments, enhanced coordination, and oversight from the central government, and regional ASN competency development. Research Implications: The proposed regulatory reconstruction has implications for strengthening regional capacity to address staffing needs and for promoting fair governance in ASN management. Originality/Value: This research offers unique insights into the limitations of Indonesia's current ASN Law and the need for a governance model that supports regional needs.

Are females in classical hematology getting a fair share? Uncovering gender disparities in NIH R01 grants.

Gender Disparity remains a pressing issue in academic medicine, notably in classical hematology where females continue to be underrepresented by the National Institutes of Health (NIH) for funded R01 grants. In this research, we analyzed ten years of NIH R01 grants funded in classical hematology, covering the period from 2012 to 2022. Of the 250,031 R01 grants funded during this period, females received only 32.9%. Further breakdown of the data by different NIH institutes highlights varying degrees of gender gaps, with specific institutes showing pronounced disparities. While some NIH Institutes have made progress in bridging the gap, others lag, indicating a need for a closer examination of institutional practices. We found that despite modest advancements, less than 50% of R01 grants were funded to females. These findings underscore persistent gender inequity and require concerted efforts to create a more inclusive atmosphere supportive of women's progress in academic medicine.

Islam, State, and Local Wisdom: An Examination of Widowhood Inheritance Law in Indonesia

This article highlights the urgency of applying the common property distribution approach prior to the distribution of inheritance in the Indonesian context, which is influenced by local wisdom practices. This research aims to emphasize the rights of wives as widows over joint property through the application of the Compilation of Islamic Law (KHI), so that widows can obtain a fairer share before the distribution of their inheritance rights in accordance with the principles of fiqh. The method used in this research is a normative-juridical approach, with document analysis of legal regulations and their application in the context of local wisdom in Indonesia. The findings show that the distribution of joint property, before the distribution of inheritance, is very important to protect the rights of women who are often marginalized in a society that prioritizes the tradition of male lineage. The affirmation of giving half of the joint property to the widow at the beginning of the distribution before the widow receives her inheritance rights can be equated with shirkah that in the context of marriage the wife also contributes to the collection of property. The discussion in this study emphasizes that the integration of fiqh principles and KHI provisions in the distribution of inheritance, by first recognizing the widow's right to joint property, then the widow receives her inheritance rights after the joint property is distributed, this form of model not only ensures that the widow receives a fair share, but also strengthens the position of women in inheritance issues for the welfare of her family.

The Antecedents of Courier Continuance Participation Intention: A Dyadic Analysis of Courier–Customer Interactions in Crowdsourcing Delivery

Crowdsourcing delivery has emerged as an innovative solution for last-mile delivery in the sharing economy era. However, enhancing courier continuance participation intention is an increasing challenge for crowdsourcing delivery platforms due to the independence of crowdsourced couriers. Given that couriers and customers are subject to interdependencies and may influence each other in delivery service systems, this paper utilizes a dyadic analysis to examine how courier–customer interactions may influence the continuance participation intention of couriers. Specifically, we investigate the influence mechanism of customer satisfaction and courier job satisfaction, as well as the mediating role of courier pay satisfaction, drawing upon the balance theory and distributive justice theory. The empirical results of 261 courier–customer dyads indicate that the customer side impacts the courier side in both direct and indirect ways. There is a direct satisfaction transmission in courier–customer delivery service interactions. Meanwhile, satisfied customers indirectly enhance courier job satisfaction via the mediator of courier pay satisfaction, which in turn strengthens courier continuance participation intention. Our study offers novel insights for administrators on the influence of courier–customer interactions and pay satisfaction on courier continuance participation intention, contributing to decreasing couriers’ turnover in the fluid crowdsourcing labor market.

Which Therapeutic Treatment Option is Best for Prostate Cancer?

Prostate cancer (PC) is the second most common cancer among men in the developed world. PC spreads very slowly and is often detected late, so it requires much more rigorous treatment options than if it had been detected early. As with most cancer treatments, all these treatment options have their fair share of advantages and disadvantages. After a prostate cancer diagnosis, an assigned oncologist and multi-disciplinary team (MDT) come up with a treatment option that gives the patient a fighting chance considering the stage of the cancer. However, there is no go-to treatment option, and it is important to consider what the patient wants; if there are certain side effects, such as incontinence, that the patient is steadfastly against, it’s important for the MDT to honour this as much as possible.

Procedural fairness in algorithmic decision-making: the role of public engagement

Despite the widespread use of automated decision-making (ADM) systems, they are often developed without involving the public or those directly affected, leading to concerns about systematic biases that may perpetuate structural injustices. Existing formal fairness approaches primarily focus on statistical outcomes across demographic groups or individual fairness, yet these methods reveal ambiguities and limitations in addressing fairness comprehensively. This paper argues for a holistic approach to algorithmic fairness that integrates procedural fairness, considering both decision-making processes and their outcomes. Procedural fairness emphasizes the importance of fair decision-making procedures, which aligns with theories of relational justice that stress the quality of social relations and power dynamics. We highlight the need for substantive procedural fairness to ensure better outcomes and address forward-looking responsibilities. Additionally, we propose leveraging Public Engagement, a core dimension within the well-established Responsible Research and Innovation framework, to enhance procedural fairness in ADM systems. Our contribution underscores the value of Public Engagement in fostering fairer ADM processes, thereby expanding the current focus beyond technical outcome-based approaches to encompass broader procedural considerations.

The effects of fair allocation principles on energy system model designs

Abstract What constitutes socially just or unjust energy systems or transitions can be derived from the philosophy and theories of justice. Assessments of distributive justice and utilising them in modelling lead to great differences based on which justice principles are applied. From the limited research so far published in the intersection between energy systems modelling and justice, we find that comparisons between the two principles of utilitarianism and egalitarianism dominate in assessments of distributive justice, with the latter most often considered representing a 'just energy system'. The lack of recognition of alternative and equally valid principles of justice, resting on e.g. capabilities, responsibilities and/or opportunities, leads to a narrow understanding of justice that fails to align with the views of different individuals, stakeholders and societies. More importantly, it can lead to the unjust design of future energy systems and energy systems analysis. 
 
In this work, we contribute to the growing amount of research on distributive justice in energy systems modelling by assessing the implications of different philosophical views on justice on modelling results. Through a modelling exercise with a power system model for Europe (highRES), we explore different designs of a future (2050) net-zero European electricity system, and its distributional implications based on the application of different justice principles. In addition to the utilitarian and egalitarian approach, we include, among others, principles of 'polluters pay' and 'ability-to-pay', which take historical contributions of greenhouse gas emissions and the socio-economic conditions of a region into account. 
 
We find that fair distributions of electricity generating infrastructure look significantly different depending on the justice principles applied. The results may stimulate a greater discussion among researchers and policymakers on the implications of different constructions of justice in modelling, expansion of approaches, and demonstrate the importance of transparency and assumptions when communicating such results.

Beyond intentions: Problematising policy-practice challenges for inclusive education and social justice in South Africa

This analysis critically examines inclusive education (IE) policies in South Africa within global frameworks. Drawing on Nancy Fraser's (2008) theory of social justice, which includes recognition, redistribution, and representation, the study explores the thinking and assumptions behind policymaking and how these affect the complexities of implementing IE-particularly regarding diverse student needs and identities. Furthermore, it analyses how the policies aspired to equitable resource allocation and democratic participation (representation) within schools. The study employs Bacchi's (2009) "What's the problem represented to be?" (WPR) approach to trace the evolution of policies for IE from Education White Paper 6 (Department of Education, 2001) to a recent assessment, the Department of Basic Education's progress report on inclusive education (Parliamentary Monitoring Group, 2023). By analysing underlying assumptions in these policies, the WPR approach helps expose the intended goals and their practical implications for schools. This work enriches the discourse on educational equity and social justice by illuminating the challenges of operationalising IE in diverse contexts. It further examines how policy assumptions, as framed by the WPR approach, can hinder or facilitate achieving genuine inclusion. By exploring these complexities, the study offers valuable insights for fostering inclusive educational environments that align with global aspirations while acknowledging unique South Africa realities.