Implementation Of Law Research Articles

Revitalization Supervision Islamic Banking in Enhancement Compliance in Indonesia and Malaysia

This study is indicated with social reality that, following three decades of dual banking system implementation in Indonesia, Islamic banks' operational activities are essentially identical with the operations of conventional banks. The thing that distinguishes is only the Shariah "brand". In the vast zone of national banking industry, Islamic banks are still being the "followers" of conventional banks with approximately 6.65% market share. The focus of study is on the Islamic bank supervision system by DPS, the Shariah Bank Compliance Directorate, and OJK in carrying out supervisory functions related to fields of duty. The study methodology applied is a normative legal study which includes a study of norms, principles of sharia banking law, and the opinions of sharia economic law experts, while those used are a statutory approach and a sociological approach. The next stage of data analysis is data display, which illustrated through tables, figures, and graphs. Data categorization was carried out relied to the theme to identify the implementation of Islamic bank supervision duties in conforming to Shariah principles and the implementation of laws and regulations. The results showed that there are several problems in Islamic bank supervision institutions that make supervisory performance not optimal and pose potential legal risks for the bank. The roles of DPS, the Directorate of Shariah Bank Compliance, and OJK, which run independently and inefficiently, create overlapping aspects of Islamic bank supervision. This study recommends amending UURI No. 21 of 2008 about Shariah Banking by giving attributive responsibility to DPS to sanction Islamic banks that proved to violate Shariah principal compliance and establishing the OJK regulations on Islamic banking audit instruments.

Study of Pattern of Injuries in Homicidal Deaths Autopsied at Belagavi Institute of Medical Sciences, Belagavi: A Prospective Study

Homicide means the killing of one human being as a result of conduct of another. Homicidal deaths are seenin every part of the world but the toll varies from place to place. As per National Crime Records Bureau andStatistics, in 1953 the number of homicidal deaths were 9082 which has exponentially increased to the extent of29,272 in 2021.Such being the disturbing data and Belagavi being the biggest district of Karnataka state, a detailedstudy was undertaken on the pattern of injuries in homicidal deaths.Materials and Methods: A Prospective study was conducted on all cases of homicidal deaths registered underSec 302 IPC autopsied at Belagavi Institute of Medical Sciences from January 1st 2016 to June 30th 2017 formed thestudy material. Information on various factors such as age, sex, weapon used, injury pattern were noted for eachcase in a separate proforma.Results: Among 1265 cases autopsied during the study period, 54 cases were homicidal deaths. Among 54 cases,head injuries were present in 15 cases (27.78%), stab injury involving neck, thorax and abdomen were present in14 cases (25.93%), injuries caused by asphyxia were seen in 14 cases (25.93%), majority of the victims were males(64.81%) and the predominant age group was 20 to 39 years (48.15%).Conclusion: The homicide being the preventable cause of death, its incidence and prevalence can be reduced bystrict implementation of law. The long term, wide-ranging policies are required to eradicate this heinous crime

Climate Change and India’s Cities: Judicial Responses through the Lens of Sustainability Transformations

Abstract Cities and urban communities constitute a challenging paradox. They are contributors to climate change and simultaneously are essential focal bases for economic activity. Urbanization, population growth, economic development, and prosperity contribute to increased city greenhouse gas emissions. Envisioning and shaping a shift toward more ambitious climate responses is both an opportunity and a challenge for cities to action transformations toward sustainability. The discourse on sustainability transformations involves the reorientation and restructuring of governance processes and actions. Though the governance of transformation involves multiple actors, this article examines the role of the Indian judiciary in steering a transformation process toward a sustainable and equitable future. Indian city-and-climate-change case law is examined as a case study. Sectoral examples from construction, waste, livestock, transport, and renewable energy illustrate key areas addressed through the judicial incremental-reformist approach. Bolstering the implementation and enforcement of environmental and climate laws alongside the infusion of a powerful sustainability agenda, the Indian judiciary creates enabling conditions for transformational change.

Criminal Appellate Proceedings through the Prism of a Social Project: Synergy of the Society’s Request and Legislative Regulation

Public relations, developing in the process of judicial decisions reviewing in criminal cases on appeal, arise on the basis of criminal procedure law rules with great socio-projective potential, which means activities aimed to create specific images of the future and certain details of programs and plans being developed that often result in a new or modernized social object with an original mechanism and unique means of regulation of public relations. The institution of criminal appellate proceedings has been formed in the process of a long evolution, during which many options for reviewing court decisions were tested and rejected. It also acts as an object of social design, which will help ensure the effectiveness of law enforcement and implementation of the objective of criminal proceedings, enshrined in Article 6 of the Code of Criminal Procedure of the Russian Federation. As the result of designing appeal proceedings in criminal cases, a set of scientifically grounded functional proposals can be developed. They can have a positive impact on the review in the court of appeal, since the latter should be able to satisfy the social interest (need) of interested parties, meaning not the satisfaction of the appeal, but the administration of justice in the full sense of the word.

Legal Framework and International Cooperation in Combatting Human Trafficking

Human trafficking is a pervasive global issue violating fundamental human rights and affecting millions annually across borders. Efforts to combat it involve intricate legal frameworks and international collaboration mechanisms. This research delves into the effectiveness and hurdles of these approaches. It begins with an overview of national and international legal structures. Various instruments, treaties, and protocols criminalizing trafficking and protecting victims are explored, with emphasis on the United Nation's Palermo Protocol. Furthermore, the study scrutinizes mechanisms fostering international cooperation. This includes bilateral and multilateral agreements, legal assistance, extradition treaties, and information-sharing networks. Organizations like United Nations Office on Drugs and Crime (UNODC) and International Organization for Migration (IOM) play crucial roles in facilitating cooperation and providing support. However, despite progress, challenges persist. Inconsistent implementation of laws, insufficient resources for enforcement and victim support, jurisdictional complexities, and corruption hinder effectiveness. Addressing these issues demands sustained commitment, resource allocation, and cross-border collaboration to protect the vulnerable and hold perpetrators accountable.

Real and Formal Legal Possibilities in Constitutional Norms

The philosophical-legal category "legal possibility" concerning legal norms can be considered from the perspective of the possibility of creating legal norms or lawmaking, from the perspective of the legal possibility of realization of legal norms, as well as from the perspective of the legal norms themselves or their content. Taking these aspects into account, the author especially emphasizes the importance of theoretical analysis of legal possibilities in constitutional norms of law, since it is difficult to overestimate the role of the Constitution, as the fundamental law, in the legislative system, as well as in the life of the state and society. Examining the concept or category of "legal possibility" in the constitutional norms of law, the author, using examples of articles, provisions, or principles laid down in the Constitution of the Republic of Armenia, identifies real and formal legal possibilities and conducts an analysis of objective and subjective factors (the interrelation of legal and social reality, the law-making activities of legislative bodies, the behavior of subjects of law, etc.) for transforming the formal possibilities of constitutional norms into real legal possibilities. According to the conclusion presented in the article, the analysis of real and formal legal possibilities in constitutional norms has important methodological significance, as it examines and identifies the legal prerequisites. This enables a deep understanding of the structure of the effective realization of constitutional norms, which is one of the pressing issues in lawmaking activities, also holds significant importance in law implementation practice.

Implementation of Environmental Law in Mineral and Coal Mining

Implementation of Environmental Law in Mineral and Coal Mining

Navigating the Terrain of Digital Transition: Ghana’s Journey of Developing a Digital Land Information System

This paper explores Ghana’s two-decade journey in developing a digital land information system (LIS), exemplified by Ghana Enterprise Land Information System (GELIS) and Enterprise Land Information System (ELIS). Despite advancements by Ghana’s Lands Commission, manual processes persist and coexist with digital ones. Our study uses a qualitative approach to assess the effectiveness of the LIS implemented in Accra. This study found that Accra’s LIS is highly aligned with clear institutional mandates, roles, and responsibilities, as well as the availability of laws and policies to support analogue-to-digital conversion. Furthermore, a robust approach to protecting the data, operating system, and software underpins the system. Subsequently, the integration of a digital LIS has enhanced service delivery and accountability. Nonetheless, Accra’s LIS is still at the beginning of a comprehensive learning and development curve. Sustaining the LIS requires furtherance in the implementation plan, funding, law implementation, ICT strategy, divisional integration, work processes, data quality, and communication strategy. These findings will inform the next steps of improvement for Accra’s LIS and guide its nationwide scaling, contributing to discussions on technology acceptance dynamics in predominantly analogue environments.

Ministry of Justice of the Republic of Korea: History and Modernity

The article is devoted to the Ministry of Justice of the Republic of Korea (hereinafter RoK, Republic). The authors examine the history of the creation in the Korean government of the department responsible for the implementation of laws, law enforcement personnel, and judicial processes. The Ministry of Justice functioned until the Japanese occupation in 1910. The new history of the Ministry began after the liberation of Korea. In 1948, the Korean Constitution came into force. Currently, the system of executive authorities of the Republic is determined by the Law on the Organization of Public Administration. In accordance with this law, the Ministry of Justice is an independent structure. The Presidential Decree on the Ministry of Justice and its subsidiaries regulates the structure and competence of the department. Certain powers of the Ministry of Justice are regulated by the laws on the prosecutor’s office, on probation, on immigration, on lawyers, on notaries, on civil servants and other regulations. A wide range of issues fall within the scope of the Ministry. The Ministry of Justice is responsible for the execution of laws, the prosecutor’s office, migration, correctional institutions, prosecutorial and legal personnel, legal assistance in civil and criminal cases. The article analyzes in details the provisions of Korean legislation on the structure and competence of the Ministry of Justice. The authors examine closely the status of Ministry employees and holding them accountable. Contemporary issues related to the activities of the Ministry of Justice are revealed. The role of the Ministry of Justice in the supervision of the prosecutor’s office, the legal profession, correctional institutions and probation is highlighted. The powers of the Ministry of Justice in the field of execution of punishment, rehabilitation of off enders and immigration are analyzed. The authors show how the Ministry is involved in international cooperation. Particular attention is paid to the importance of the Ministry of Defense in the process of improving Korean legislation.

Juvenile Delinquency: The Rise of Moral Decadence in Cameroon Schools

In this paper, we point out the fundamental causes of moral decadence in Cameroon schools by juveniles and seek the extent to which such moral decadence has on the future of Cameroon. As human rights and technology continues to reshape the society, this article states that the application of laws following children rights and western cultures without considering the culture of the people of Cameroon as far as education is concerned is inherent to human condemnation. The implementations of such laws and cultures affected our students and they portray immoral acts such as fighting, smoking, sex party and beating of teachers in secondary schools. In Cameroon, the school is a center of formation and a child learns with a cane. So, taken away the canes from the teachers destroy the teaching culture of Cameroon which is a succinct way to discipline a child. The teacher who is the actor of formation has a formative tune through the cane to fight against acts of moral decadence particularly that of drugs and sex party. The formative punishment is required in our schools via the use of canes by teachers. This human condemnation has future consequences that will emerge probably. In this article, we advanced some methods that can be used to return a peaceful citadel of learning in our schools and the society. The study emphasizes the significance of moral values in school.

First Level of Health Care: The Autonomous Role of Nurses

Introduction: Although nursing autonomy is advancing with national legislation towards a competency-based approach, a positivist vision centered on biomedical aspects persists, limiting comprehensive care. Despite training and experience, role conflicts and oppression by the medical team persist, impeding freedom of decision and leading to job dissatisfaction.Objective: To analyze the professional autonomy of nurses in type A, B and C health centers at the first level of care in Health District 09D04 - Febres Cordero.Method: Qualitative, descriptive, and dialectical approach, based on the perceptions of nursing professionals about their autonomy in Health District 09D04.Results: The perception of autonomy in the first level of health care is limited, under pressure and subject to demanding schedules. There are restrictions imposed by parameters and regulations, although benefits such as quality care and educational responsibility are recognized. Legal limitations, lack of support and restrictions affecting nurses' autonomy are also identified.Conclusions: To empower nurses, a series of measures are required at both the practical and educational levels. These include the implementation of laws that support their autonomy, ongoing training, the promotion of a favorable work environment, and the strengthening of their educational background with a focus on leadership and solution-finding skills.

Study on the Current Status of China's Road to the Rule of Law and Countermeasures

The purpose of this thesis is to study the current situation of China's rule of law road and countermeasures, and to put forward corresponding recommendations. Firstly, the historical evolution of China's rule of law path is analysed, including the characteristics of the rule of law in ancient times, the beginning of the rule of law path in modern China and the current development of the rule of law. Then, the progress and achievements of China's rule of law construction are discussed, covering the formulation and improvement of laws and regulations, the advancement of the reform of the judicial system, as well as the enhancement of civic awareness and the popularisation of the concept of the rule of law. Then, the problems and challenges facing China's rule of law road are pointed out, including the imperfections in the implementation of laws and the lack of enforcement, the problems of judicial justice and judicial independence, the insufficient protection of citizens' rights and the lack of rule of law culture. Finally, countermeasures are proposed to strengthen the construction of the legal system, improve the judicial system, raise the level of civil rights protection and cultivate a culture of the rule of law. Through these countermeasures, the development of China's rule of law road can be further promoted, the level of the rule of law can be improved, and a strong guarantee can be provided for social stability and sustainable development.

The World Health Organization was born as a normative agency: Seventy-five years of global health law under WHO governance.

The World Health Organization (WHO) was born as a normative agency and has looked to global health law to structure collective action to realize global health with justice. Framed by its constitutional authority to act as the directing and coordinating authority on international health, WHO has long been seen as the central actor in the development and implementation of global health law. However, WHO has faced challenges in advancing law to prevent disease and promote health over the past 75 years, with global health law constrained by new health actors, shifting normative frameworks, and soft law diplomacy. These challenges were exacerbated amid the COVID-19 pandemic, as states neglected international legal commitments in national health responses. Yet, global health law reforms are now underway to strengthen WHO governance, signaling a return to lawmaking for global health. Looking back on WHO's 75th anniversary, this article examines the central importance of global health law under WHO governance, reviewing the past successes, missed opportunities, and future hopes for WHO. For WHO to meet its constitutional authority to become the normative agency it was born to be, we offer five proposals to reestablish a WHO fit for purpose: normative instruments, equity and human rights mainstreaming, sustainable financing, One Health, and good governance. Drawing from past struggles, these reforms will require further efforts to revitalize hard law authorities in global health, strengthen WHO leadership across the global governance landscape, uphold equity and rights at the center of global health law, and expand negotiations in global health diplomacy.

Exploration of Teaching Reform in “Media Ethics and Regulations” Course

As an important part of the teaching reform in the field of journalism and communication, the course of “Media Ethics and Regulations” faces three urgent problems: the lagging behind of existing textbooks and materials due to the successive introduction and implementation of media-related laws and regulations, the changing ethical values in media-related issues leading to the coexistence of diverse perspectives, and the complexity of professional theories making it difficult for students to understand. In order to adapt to the development needs of the new era, promote educational and teaching innovation, and facilitate students’ comprehensive development, it is necessary to improve the quality of curriculum construction by subdividing professional theoretical courses and setting goals at different stages, enhance students’ engagement through classroom debates, and establish a case library to improve teaching efficiency, ultimately perfecting the curriculum reform.

DECOLONISING LABOUR LAWS AND REPOSSESSING SUBALTERN EPISTEMOLOGIES: A REVIEW OF SOUTH AFRICAN AND NAMIBIAN MINEWORKERS’ FIGHT FOR LABOUR RIGHTS

In the historical and current transformation discourses in South Africa and Namibia, the concept of decolonisation is no longer a mere abstract concept. Decolonisation is now a fundamental policy and regulatory imperative that is heavily centred on, among other things, the land question and debates around the historical as well as present-day use of indigenous cheap and unskilled labour in underpaid sectors of industry –particularly the mining sector. During the colonial era, as the mining industries in South Africa and Namibia expanded, a substantial number of migrant labourers and local workers entered the mines. To safeguard these mineworkers’ legal rights, labour laws were passed. Despite the implementation of such labour laws, regular strikes were a feature of the mining industries in South Africa and Namibia at the time. In the post-colonial dispensation, the South African mining industry has been characterised by numerous strike actions, while in Namibia, widespread dissatisfaction with working conditions has been noted. This raises the question of whether or not South Africa and Namibia have made progress in defending mineworkers’ labour rights. This question is critical when viewed through the lens of a post-colonial society governed by a constitutionalised labour law framework. While there has arguably been a noticeable improvement in mineworkers’ employment conditions, labour-related inequities continue to characterise the mining industries in South Africa and Namibia in the post-colonial era. Profiteering, capitalism, safeguarding the security of tenure of foreign mining corporations, and the persistent need to ensure the ease of doing business in the mining sector appear to take precedence over defending mineworkers’ rights. Thus, this article explores the labour rights discourse developed by South African and Namibian mineworkers, as well as the applicable labour legislation. A strong case is made for reconsidering the extent to which South African and Namibian labour laws have been decolonised. This is done in a manner that is attentive to investment security and sustainable growth of the mining sector in the two countries as well as the realisation of African mineworkers’ fundamental labour rights.

Adaptive neural network-based sliding mode control of rotary inverted pendulum system

This paper introduces a new adaptive neural network-based sliding mode control of rotary inverted pendulum system (RIPS) subject to model uncertainties and disturbances. First, the sliding mode control is designed using the double power rate reaching law. Second, an adaptive neural network (ANN) is exploited to deal with model uncertainties and disturbances. The weight matrices of the neural network are adaptively tuned. In the proposed control method the exact dynamic model of the RIPS is not required due to the exploitation of the universal property of the neural network. Moreover, the implementation of a double power-reaching law can greatly suppress the undesirable chattering. The convergence and stability analysis is validated using Lyapunov stability theory. Finally, the robustness and excellence of the proposed control strategy are verified by comparing the system performance with the existing SMC method and improved super-twisting SMC method.

Characteristics of legislation in the field of health protection

The article examines the essence of administrative and legal regulation in the field of health care through the prism of the systematization of administrative legislation in the specified field. The legal regulation of public administration is defined as a purposeful activity of state authorities regulated by laws and other normative acts, which is aimed at consolidating, organizing and protecting social relations in the specified sphere, which is carried out with the aim of preserving and strengthening health, protecting the rights of patients and medical employees. Attention is focused on determining the role and importance of such types of systematization as incorporation, consolidation, codification, adaptation and their application in the field of health care.
 It was determined that the codification of administrative legislation in the field of health care is the most advanced form of systematization, which is directly related to the change in the form and content of the current legislation by its revision, elimination of conflicts, gaps, obsolescence and multiplicity of legal norms. Special attention is paid to adaptation, as a fundamental component of the European integration course of Ukraine, which consists in the phased adoption and implementation of laws and subordinate normative legal acts of Ukraine, developed considering the European Union legislation, as well as in making appropriate changes to the current legal acts of Ukraine.
 Analysis was conducted and the reasons that complicate the classification of legislation in the field of health care were determined, with the complexity of legal regulation being the main one. The classification of health care legislation according to the principle of hierarchy, subject and scope of legal regulation, as well as by the number of persons is proposed.
 The necessity of supplementing the current Code of Administrative Offences with the section “Offences in the Sphere of Health Care” is substantiated, which will establish responsibility for administrative offences in the sphere of health care, as well as strengthen administrative responsibility for their commission. The specified changes will ensure regulation of relations in the field of medical services, protection of the rights of doctors and patients, and as a result will improve the quality of medical assistance to the population.

THE ISSUE OF LEGALIZING CANNABIS: A QUALITATIVE ANALYSIS OF THE STUDENT’S PUBLIC DISCOURSE

Introduction: The objective of the present work is to analyze in a multidimensional view, Albania's Law No. 61/2023 on Cannabis legalization for its legal, applicability mechanisms, and economic challenges, assessing the readiness of the country, clarity, and impact on drug control. Method: The method of this study is quasi-experimental, and it is divided into two phases. The current study sample is two hundred students, of whom 120 (60%) were from the Faculty of Law and 80 (40%) from the University of Medical Sciences. The initial retrospective study (T1) was employed to identify the gaps in the legal education of law and assess the legislation’s stance. Five months later (T2) Medical Cannabis Juridical Education; Law enforcement capacities; and Social and Psychological impact identified as the key gaps were evaluated. Results: The students enrolled in the Law and Pharmacy program showed an improved understanding of the socio-psychological ramifications associated with the law implementation in Albania (t1 = 2; 7; t2 = 3.76; p < 0.001). Regressive results revealed an influence of Judicial and Psychoeducational training on the students' public opinion with an R-value model summary of 0,706 (70%). Conclusions: The findings of this study suggest that the legalization of Cannabis in Albania is a significant challenge for the country and continued follow-up and public training would increase public awareness and assertiveness toward the Law.

Legal Principles Against Gambling Establishments

Gambling establishments are the root of the problem of gambling and become a source of other violations of the law.by the rules of criminal law with law No. 7 of 1974 on the control of gambling, gambling is a very clear action in the rule of Law Article 303 of the Criminal Code as a complement by its implementing regulations such as Government Regulation No. 9 of 1981 on the implementation of Law No. 7 of 1974 on the regulation of gambling. so that all actions related to gambling are strictly prohibited in Indonesian law, whether carried out by legal entities or government and private.Decisive action is the right step in the handling of gambling facilities and infrastructure. This research method using normative juridical methods.

Undang-Undang Desa: Sebuah Kontribusi terhadap Literatur dan Kebijakan

The main focus of this research is on the understanding, implementation, and impact of the Village Law on financial governance at the village level. This research is expected to contribute to the literature on village financial governance, assist stakeholders in designing more effective policies, and encourage further research to optimize the village financial management system in accordance with the times. The normative juridical research method involves literature study and document analysis to understand the legal provisions contained in the relevant laws. The research identifies key principles in the law that impact on village financial management, including budget allocation, financial reporting, and accountability. Through a contemporary review, the research also evaluates the extent to which the laws reflect the dynamics of social, economic, and policy changes in village communities. The results provide an in-depth understanding of the implementation of relevant laws and the challenges faced by village governments in managing their finances. The findings provide a foundation for critical thinking regarding sustainability and improvement in the village financial management system, as well as for policy development that is more responsive to village needs and dynamics.