Governance Principles Research Articles

Strengthening Law Enforcement to Address White-Collar Financial Crime in South Africa's Private Sector

With the government's focus on combatting public sector corruption and violent crime, the plight of white-collar financial crime in the private sector is of subordinate priority. This contribution seeks to explore means to enhance the capacity of law enforcement agencies to combat white-collar financial crime in the private sector. We clarify the salient terminology and give an overview of the role of financial sector regulators in financial crime prevention in South Africa, focussing on the Financial Sector Regulation Act 9 of 2017. Financial sector regulators have an important role to play against financial crime, though they are dependent on the criminal justice system to protect the financial sector against criminals. This section is followed by an overview of the role and functions of the South African Police Service, the National Prosecuting Authority, and the court system. We identify difficulties which may hinder the prosecution of white-collar financial crime. First, there is a tendency that companies do not investigate conduct that may amount to white-collar financial crime, and otherwise do not report such incidents. Second, there is a need for a specialised and independent law enforcement agency to attend to serious white-collar financial crime. There is also a skills shortage in the National Prosecuting Authority relative to the intricacies of white-collar financial crime. As remedial measures, companies ought to apply the corporate governance principles of King IV more robustly. Artificial intelligence can also be utilised to prevent white-collar financial crimes committed in cyberspace. Private sector agencies should be vested with a more comprehensive duty to report white-collar financial crime to the authorities, and the protection and scope of whistle-blowers should be increased. We propose the introduction of Deferred Prosecution Agreements, as well as cooperation between the State and the private sector, to weaken capacity constraints in the prosecution process.

The advent of forensic DNA databases: It’s time to agree on some international governance principles!

National forensic DNA databases are a valuable investigative tool, that have the potential to increase the efficacy of criminal investigations. Their unfettered expansion in recent years raises unsettling ethical issues that require close attention. DNA database expansion threatens the rights to privacy, non-discrimination, and equality, and can undermine public trust in government. This perspective piece relies on data from an international mapping study of Forensic DNA Databases to document the expansion of these databases, highlight the ethical issues they raise, and propose key recommendations for more responsible use of this infrastructure.

REVIEW OF KAUTILYA’S ARTHASHASTRA

Arthashastra is the oldest treatise on the composite government affairs. The Book has been described as a masterpiece, which covers a wide range of topics like Statecraft and issues of public administration encompassing politics, economics and administration. The principles of governance and Statecraft evolved and established in Arthashastra were followed by various rulers of India like Ashoka and Shivaji. The greatness of Koutilya, as has been observed by many scholars, is that he made the principles contained in his Arthashastra so applicable that even today find pertinence and utility. This article will focus on Contents of Arthashastra.

Mapping the Scientific Research on Sport Governance: Insights from Bibliometric Analysis

The current study aims to highlight the current trends in the literature on sport governance by applying a bibliometric review of papers on sport governance topics published in the Web of Science database. This study reviews 230 Web of Science-indexed journal articles on sport governance and analyzed the data using bibliometric analytic tools such as thematic mapping and co-citation analysis. The findings reveal a notable increase in research on sport governance over time. Over the past three decades, diverse topics within sport governance have been explored, with a significant emphasis on national sport organizations, corruption, gender, leadership, volunteer boards, and collaborative governance. The study identifies gender dynamics and diversity, equity, and inclusion (DEI) as emerging key research areas. The results not only contribute to our understanding of current sport governance literature but also point towards potential future research directions. These include the development of a comprehensive framework, exploration of outcome-related governance principles, and the application of governance principles to local and non-European sport organizations and systems.

Pelatihan Penatausahaan Keuangan Pemerintah Desa Bagi Pemerintah Desa Curug Kecamatan Tirto Kabupaten Pekalongan

<p><em>Financial administration of village governments in Indonesia still experiences deficiencies in various aspects. Problems with village government financial administration occurred in Curug Village, Tirto District, Pekalongan Regency. Village Financial Management is strictly regulated in Law Number 6 of 2014. As Implementation Guidelines regarding Law Number 6 of 2014 concerning Villages, Government Regulation Number 43 of 2014 has been stipulated which regulates the Implementing Regulations of Law Number 6 of 2014 concerning Villages. Government Regulation Number 43 of 2014 emphasizes village financial management.</em></p><p><em>Training activities were carried out by presenting material regarding Village Financial Administration followed by questions and answers between resource persons and participants. Through this training activity, it is hoped that the Curug Village Government apparatus, Tirto District, Pekalongan Regency will be able to administer their village finances well so that the Curug Village Government, Tirto District, Pekalongan Regency will be able to apply the principles of Good Governance.</em></p><p><em>Through the implementation of this community service activity, it is hoped that the Curug Village Government apparatus, Tirto District, Pekalongan Regency can increase their understanding of village government financial administration practices, especially the practice of recording village income and expenditure transactions in the General Cash Book and General Cash Assistant Book.</em></p><p><em>Keywords: Governance; finance; village.</em></p>

Evaluation of Public Services At the Bodor Village Office, Nganjuk Regency

The village government has tasks including improving the welfare of the community, maintaining peace and order in the community, implementing the principles of village governance that are clean and free from collusion and nepotism (KKN), and organizing good government administration. This is also the task carried out by the Bodor Village Office apparatus in Nganjuk Regency in providing services to the community. In order to determine the quality of public services at the Bodor Village Office in Nganjuk Regency, it is necessary to conduct public service evaluation research. This research method uses a qualitative approach that describes the quality of providing services to the public through interviews with informants, observation and documentation. The results showed that public services at the Bodor Village Office, Nganjuk Regency are quite good, but the services provided need to be improved, especially in terms of supporting facilities and infrastructure, supported by qualified human resources, responsive public service officers of the Bodor Village Office have readiness in providing services, besides that the Bodor Village community feels trust in public service officers because of the guarantee of timeliness of services as delivered, for the form of empathy from public service officers can be seen from the way they pay attention to people who want to get public services.

Prinsip Pemerintahan dalam Islam menurut Muhammad Asad

The paper discusses Muhammad Asad’s work on the principle of Islamic governance and its basic constitution and foundational structure. In this regards, he formulated the constitutional ideas of Islamic state whose constitution contains the provision of Islamic law that practiced and implement the norms stated in the Qur’an and hadith. This ideas was partly enshrined in the Pakistan constitutional law whose political establishment was formed in 1947. It essentially discussed Muhammad Asad’s political ideas and its underlying philosophy as espoused in his works, such as The principles of state and government in Islam, This law of ours and other essays, Islamic constitution making, journal Arafat, The message of the Qur’an, Sahih al-Bukhari the early years of Islam and, etc. The study is based on qualitative methods in the form of library research. The data were analysed using descriptive, analytical and comparative methods. The finding shows that Muhammad Asad had formulated comprehensive theoretical framework of legal aspect of Islamic governance based on the fundamental principle and doctrine of the shariah, derived from the teaching of the Qur’an and the sunnah, while advocating democratic ideals and system based on conventional practice and requirement of modern context of nation state.

The Religious Aspect of Confucianism During The Ly-Tran Dynasties, Vietnam

This article explores the religious dimensions of Confucianism during the Ly-Tran dynasties (1009-1400 AD) in Vietnam, a period marked by significant sociopolitical and cultural transitions. Initially introduced as a moral and ethical philosophy from China, Confucianism underwent a complex process of localization, blending with indigenous Vietnamese beliefs and practices as well as Buddhism and Taoism. Through historical records, literary works, and ritual practices documented in “The Complete Annals of Đại Việt” and other classical texts, this study delves into how Confucianism not only served as a guiding principle for governance, education, and social norms but also manifested religious aspects that influenced spiritual and religious life in Vietnam. The religious aspects of Confucianism during this era are evident in several key areas. Firstly, the concept of Heaven (Tian) and the Mandate of Heaven played a crucial role in legitimizing royal authority, with rulers and Confucian scholars frequently invoking divine will to justify political actions and social order. This sacralization of monarchy underpinned by Confucian ideals facilitated the integration of Confucianism into Vietnamese spiritual life. Secondly, the incorporation of Confucian rituals and practices, such as the Heaven Worship Ceremony (Tế Giao) and the veneration of Confucius and other sages at the Temple of Literature, highlights the religious dimensions of Confucian practice, emphasizing reverence, filial piety, and the moral obligations of rulers and subjects alike. Moreover, the article discusses how Confucianism interacted with and was influenced by Buddhism and Taoism, leading to a syncretic religious landscape in Vietnam. This interaction is illustrated through the blending of Confucian principles with Buddhist and Taoist ideals, affecting notions of kingship, governance, and the cosmological order. In conclusion, the religious aspect of Confucianism during the Ly-Tran dynasties significantly contributed to the shaping of Vietnamese identity, governance, and cultural heritage. By examining the religious dimensions of Confucianism, this article provides a more nuanced understanding of its role in Vietnamese society, highlighting the complex interplay between philosophy, religion, and politics in historical Vietnam.

Democracy as Political Jihad: Evaluating Yusuf Qaradhawi's Vision and its Application in Indonesia

This article examines the influence of Western secular thought on Islamic civilization, focusing on its repercussions within the political domain. The dominance of secular politics, which often conflicts with Islamic values, poses a significant challenge to Islamic governance principles. In response to this ideological shift, Yusuf Qaradhawi has called for a political reformation grounded in Islamic teachings, framing this transformative effort as a form of jihad. To investigate this perspective, the study employs qualitative research methods, specifically library-based research, and document analysis. Primary data is sourced from Yusuf Qaradhawi's own writings, while secondary data includes a range of books, scholarly journals, bulletins, and encyclopedias pertinent to the topic. The analysis reveals that the core principles of democracy—such as the right of citizens to elect their leaders freely—are compatible with Islamic values. However, the study also identifies notable deviations from these democratic ideals in practice. In the context of Indonesia, where Islamic values have been incorporated into the democratic framework, discrepancies between theoretical principles and actual political practices remain significant. This paper not only highlights the alignment between Islamic principles and democratic values but also critically assesses the challenges and inconsistencies faced in their implementation.

Happiness, virtue and wisdom: elements of ancient Greek philosophy in Islamic advice literature

This essay examines the profound influence of ancient Greek philosophy on Islamic advice literature, particularly in political ethics and governance. It aims to trace the integration of Greek philosophical ideas into Islamic advice literature, focusing on four key areas: Plato's theory of happiness, Aristotle's virtue ethics, the concept of "the three governances," and the ideal ruler-advisor relationship. Employing a meticulous analysis of a dozen Islamic sources from the tenth to the fifteenth centuries, it uncovers the extent of Greek thought's impact. Findings reveal that Islamic political elites, including philosophers, secretaries, religious scholars, and historians, adopted and adapted Greek philosophical theories to align with Islamic political goals and strategies. Plato's notions of happiness through just rule and the pursuit of knowledge and justice are echoed in the works of Islamic luminaries. Aristotle's virtue ethics, emphasizing prudence, temperance, courage, and justice, are seamlessly woven into Islamic governance literature. The concept of "the three governances" reflects Aristotelian governance principles, while Greek gnomology is used to validate political concepts especially the ideal ruler’s wisdom, showcasing the rhetorical power of invoking Greek authorities. The study concludes that Greek elements were frequently combined with Arabic, Persian, and other influences in Islamic advice literature, suggesting caution in interpreting Islamic political ethics through an exclusive lens. The research underscores the convergence of cross-cultural ideas and the Islamization of Greek philosophy to support political demands within a religious framework.

Tanggung Jawab Pemerintah Daerah Terhadap Anak Terlantar

Introduction: Legal issues in this study include, What is the form of responsibility of local governments towards abandoned children and the legal consequences that arise if local governments do not carry out responsibilities towards abandoned children.Purposes of the Research: This paper aims to describe the legal consequences if local governments do not carry out their responsibilities towards abandoned children.Methods of the Research: The type of research used is normative research, where research is carried out by collecting legal materials obtained from literature studies. The problem approach used is a statutory approach and a conceptual approach. Legal materials are analyzed qualitatively to achieve clarity on the issues to be discussed.Results of the Research: The results of this study show that Legal consequences arising if the local government does not carry out its responsibilities towards abandoned children based on Perma No. 2/2019 Article 3 that local governments can be sued on the grounds of committing illegal acts because negligence towards the responsibility of caring for abandoned children has been regulated in laws and regulations, besides that it is also contrary to the principles of good governance

Stock Market Performance in the Face of External Shocks. Does ESG Compliance Immunize Against the Pandemic?

Purpose: This study explores the link between corporate social responsibility and enhanced stock market resilience during crises. It examines whether adherence to Environmental, Social, and Governance (ESG) principles improves stock performance under economic stress. Methodology/approach: We use a standard event study with market model estimation to evaluate the impact of the first reported COVID-19 deaths on stock performance for companies in the STOXX Europe 600 and the S&P 500. Findings: The results show that capital market participants reward ESG performance during crises. Environmental and social factors enhance resilience, while corporate governance does not seem relevant in this context. Research limitations: The research focuses on the early COVID-19 pandemic stages, potentially missing long-term ESG dynamics. The sample comprises US and European companies, possibly limiting global generalizability. Practical implications: Understanding the relationship between ESG compliance and stock market resilience is crucial for investors, corporations, and policymakers to make informed decisions in a changing economic environment. Originality/value: This study demonstrates that during a pandemic, stock market resilience is driven by strong environmental and social performance rather than corporate governance, using a broad sample of US and European companies to highlight regional differences in ESG impact during crises.

Diskursus Pengujian Peraturan Kebijakan (Beleidsregel) oleh Peradilan Tata Usaha Negara

The policy rule, or beleidsregel, is a legal instrument derived from a discretionary legal authority known as freies Ermessen. Unlike legislation and decisions, which are grounded in formal legal principles, policy regulation is based on the principle of discretion. However, in the evolution of administrative law in Indonesia, the use of discretionary power has become more formalized, blurring the lines between policy rules based on discretion and statutory regulations. Despite this, the review and testing of policy regulations continue to rely on general principles of good governance. This reliance makes it challenging for judicial institutions to review or annul policy regulations if they infringe upon citizens’ rights. This paper employs a juridical-normative method, incorporating conceptual-theoretical, statutory, and comparative approaches, to evaluate and propose how the state can safeguard citizens’ rights violated by policy rules. It also examines whether the judiciary should have the authority to review policy rules. The study concludes that an appropriate mechanism should be established between the reviewing body and the standards for evaluating policy rules. Furthermore, the judiciary should have the discretion to determine the standards for policy regulations, whether by applying general principles of good governance or by also considering laws and regulations that a policy regulation might violate.

Navigating the Darkness: Unveiling the Link between Dark Triad Traits, Human Governance, and Deviant Workplace Behaviour

This paper attempts to examine the impact of human governance on the complex relationship between Dark Triad traits (narcissism, Machiavellianism, and psychopathy) and deviant workplace behaviours. It integrates the theoretical concepts of Trait Theory, Al-Ghazali's theory of the soul, and Guman’s Governance Philosophy to analyse personality traits, spiritual influences, and ethical principles in deviant behaviours. This study aims to give scholarly insights into the comprehension and application of these significant issues by looking at theoretical and empirical aspects. It focuses on values, ethics, and internal guidance in fostering ethical behaviours and deterring deviant conduct. The study provides valuable insights into the interplay between human governance, Dark Triad traits, and deviant workplace behavior. However, it acknowledges limitations in generalizing findings across different organizational contexts. Further empirical research is needed to validate the effectiveness of human governance principles in mitigating deviant behaviours. The findings offer practical implications for organizational management in promoting human governance principles to cultivate a culture of integrity, transparency, and accountability, reducing the likelihood of Dark Triad traits and deterring the deviant behaviours among employees. The study contributes to existing literature by exploring the role of human governance in addressing these issues.

The contribution of civil society organisations to the implementation of the principles of good governance at the local level

The article examines the contribution of civil society organizations to the implementation of the principles of good governance at the local level. The analysis is based on the results of a comparative study on the interaction between civil society organizations and local authorities in the twenty-seven largest municipalities in Bulgaria, which are regional centers. The research presents data on the forms of citizen participation in outlining policies for the development of local communities, modernization of local government institutions, and increasing the accountability of local authorities. The article is based on comparative research data of international NGOs that not only conduct research in this field but also implement initiatives to improve the interaction between civil society and public institutions at the local level. In this regard, the major focus is presented on the good practices identified in the Local Integrity System Index – a comparative study of Transparency International – Bulgaria, which is the national chapter of the international anticorruption organization Transparency International.

Public Participation in the Management of Traditional Markets from the Perspective of Local Governance

Background: Regional economic development necessitates a complex process involving various initiatives and collaboration between the government and the local community to enhance employment opportunities and community welfare. The COVID-19 pandemic has significantly impacted the trade sector, mainly traditional markets, which have experienced a decline in the number of traders and turnover. Traditional markets, which play a crucial role in the distribution of local products and the provision of employment, need help with management and must compete with modern shopping centers. To sustain and enhance the competitiveness of traditional markets, professional management and revitalization are required, adhering to health, hygiene, and safety standards. Additionally, adaptation to digitalization is essential despite posing challenges in maintaining the traditional characteristics of these markets. Success in managing traditional markets necessitates active participation and collaboration between the central government, local government, the private sector, and the community. This reflects the concept of local governance, which involves multiple actors in addressing local issues. Research Methods: This study employs a qualitative descriptive method to analyze public participation in managing traditional markets in Bengkulu City. Data were collected through in-depth interviews with stakeholders, including market traders, market managers, and local government officials. Direct observations were also conducted to understand the market management dynamics better. Data analysis was carried out thematically to identify patterns of participation and the factors influencing them. This approach allows the researcher to explore the experiences and perceptions of market participants and identify barriers and opportunities for enhancing public participation. Theoretical Review: This research draws on the theories of public participation and local governance in managing traditional markets. Public participation involves the active engagement of the community in the decision-making processes that concern their interests. This theory emphasizes the importance of information openness, transparency, and commitment from all parties to achieve optimal outcomes. Meanwhile, local governance refers to managing public resources by local governments involving various stakeholders such as the community, the private sector, and non-governmental organizations. This approach highlights the importance of collaboration and partnership in creating market management more responsive to community needs. By understanding and applying the principles of these two theories, it is expected that the management of traditional markets can be more effective and sustainable, especially in facing challenges such as the COVID-19 pandemic. Result and Discussion: This study employs a descriptive research design with a qualitative approach. Data were collected through interviews, field notes, and other documents. This research aims to comprehensively and thoroughly understand the phenomenon of public participation in the management of Panorama Market in Bengkulu City from the perspective of local governance: the research procedures involved snowball and purposive sampling, triangulation of data collection, and inductive data analysis. In this study, the researcher was directly involved in the research setting through both field observations and social interactions with the research subjects. The qualitative method was chosen because the research problem still needs to be clearly defined, and sufficient data must still be provided. This method allows for a broader and deeper depiction of the social processes being studied. Conclusion: This study demonstrates that public participation and local governance play crucial roles in managing traditional markets, particularly during the COVID-19 pandemic. Collaboration between the government, the community, and the private sector is critical to effective and sustainable management. By applying the principles of public participation and local governance, the management of traditional markets can be enhanced to face future challenges better.

Optimization of Heritage Management Mechanisms through the Prism of Historic Urban Landscape: A Case Study of the Xidi and Hongcun World Heritage Sites

Historic urban landscape (HUL) are essential for preserving the cultural continuity of traditional Chinese villages. Utilizing heritage management approaches to manage historic urban landscapes has significant implications for innovating the governance of these villages. This study used traditional Southern Anhui villages as empirical case studies to determine the key heritage management principles of HUL governance. This underscores the public policy nature of urban heritage conservation and highlights the importance of balancing heritage conservation with sustainable development through the involvement of diverse stakeholders and interdisciplinary institutional instruments. This study examined the development history of heritage management in traditional villages in Southern Anhui, revealing the characteristics and challenges of four aspects: public participation, planning and guidance, legislation and regulation, and fiscal financing mechanisms. Furthermore, it proposed strategies for optimizing the heritage management mechanisms within the HUL framework.

THE FUTURE OF OPEN GOVERNMENT

The article examines the potential and obstacles of adopting open government principles in Vietnam. Utilizing a thorough document analysis of governmental reports, policy directives, and academic documents, the study highlights significant progress through legislative reforms and digital technology adoption in Vietnam. This country is undergoing a shift towards transparent governance, motivated by its strong economic growth and political development. Notwithstanding these progressions, Vietnam encounters various obstacles. These factors encompass discrepancies in technology infrastructure, cultural and institutional opposition, concerns around privacy andsecurity, and limitations in available resources. Furthermore, the challenge of aligning new policies with current legislation and ensuring efficient implementation presents additional complexities. The study suggests that enhancing legal and regulatory frameworks, digital infrastructure, fostering a culture of transparency in public agencies, building inclusive participation methods, and prioritizing anti-corruption measures will help Vietnam overcome obstacles in developing an open government.

Realization of Good Governance Through Medan One Data Program as a Form of Regional Autonomous Implementation of Medan City Government

<em>The concept of good governance can be realized if the three main actors, namely the government, private sector and civil society, synergi ze with each other. The one data program is closely related to the concept of good governance. This concept is better interpreted as a solution to realize effective and efficient government performance in the city of Medan. The Medan One Data Program has several main objectives and benefits in improving good governance in Medan City. Here are some of them: Increasing Transparency, Efficiency of Decision Making, Reducing Redundancy and Reducing Costs, Improving Public Services, Performance Monitoring and Evaluation, Community Empowerment. The initiative is a Presidential mandate as specified in Presidential Regulation No. 39 of 2019. The research method used in this research is a qualitative descriptive method that describes conditions and phenomena found in the field. Thus, the research results show that the one data program can increase the effectiveness of Medan City government implementation. The Medan One Data Program not only helps improve the efficiency and effectiveness of government administration, but also strengthens the principles of good governance, transparency, community participation and accountability in the administration of Medan City government.</em>

Imām al-Māwardī’s View on the Concept of Taxation (Kharaj) in al-Aḥkām Sultḥāniyyah

Throughout the course of history, spanning centuries, taxation (kharāj) as sources of income of the state is significantly influential in the development of Islamic civilization. Within Islamic civilization, various principles governing the fundamental aspects of the state system, specifically in finance (fiscal and monetary) are formulated. The policy regulating state finance, with a particular focus on taxation, serves as evidence of the foundational principles of Islamic governance aimed at achieving justice and welfare for the people. The state taxation system arose due to the expansion of Islamic territories and the acquisition of spoils of war obtained by Muslims, whether through peace treaties (fay’) or warfare (ghanīmah). Therefore, this research aimed to analyze the concept of taxation in Islam, with a particular focus on al-Aḥkām as-Sultḥāniyyah by Imām al-Māwardī. The conclusion drawn was that the theory of taxation had several advantages; firstly, the thoughts of Imām al-Māwardī regarding taxation were forward-looking, specifically in terms of the flexibility in determining the tax object by adapting it to the conditions of the tax object and subject. Secondly, the imām's conceptualization of taxation remained highly contextual, making it relevant for contemporary application.