Violation Of Law Research Articles

Challenges Identifying Domestic Violence in Chinese Judicial Practice: An Empirical Analysis of Personal Safety Protection Orders

Domestic violence is a global social issue that not only poses a significant threat to the stability of families but also has a profound impact on the physical and mental well-being of family members. In China, due to the broad criteria for defining domestic violence in the Anti-domestic Violence Law, challenges have arisen in the practical handling of domestic violence cases. The study is based on 238 civil protection order rulings available on the China Judgments Online website for the year 2021. In China, the criteria for identifying domestic violence are not only still subject to theoretical debate, but contentious viewpoints have also translated into inconsistencies in judicial practice. This study aims to further assess the underlying reasons for the difficulties in identifying domestic violence in Chinese judicial practice and to propose recommendations for improvement.

Enhancing intersection safety: Testing measures to reduce law violations in Loja (Ecuador)

This study evaluates the effectiveness of measures aimed at reducing traffic violations, specifically focusing on wrong-way driving, at intersections in Loja, Ecuador. The high incidence of accidents at these intersections, often resulting from wrong-way driving and non-compliance with traffic regulations, underscores the critical need for effective strategies to enhance road safety. To address this issue, we adopted a multidisciplinary approach to assess the impact of two specific interventions: the implementation of official warnings and the presence of traffic officers at a selected intersection. Data collection involved recording instances of traffic violations, administering road safety surveys, and monitoring the implementation of these interventions. The post-implementation analysis sought to determine the effect of these measures on driver behavior and overall traffic safety. Our findings indicate that while the interventions succeeded in increasing awareness about traffic violations, they did not produce a significant reduction in undesirable driving behaviors. This suggests that, although the presence of warnings and traffic officers is beneficial in raising awareness, these measures alone may not be sufficient to effect substantial behavioral changes. The research provides valuable insights for the development of more comprehensive road safety strategies and emphasizes the need for further studies to explore and address the underlying causes of traffic violations.

Violations Committed by Israel in Armed Conflicts Under International Humanitarian Law

Introductioan: War has various aims and objectives, including under the pretext of self-defense to defend life, family, honor or to defend one's nation, to ideological issues. The wars that occur also often violate international humanitarian law. One of them is between Israel and Hamas.Purposes of the Research: To find out violations of international humanitarian law committed by IsraelMethods of the Research: This research uses an normative juridical research method. Normative Juridical Research is research on Norms, Principles, Rules and Principles based on statutory regulations related to the problem being studied. The approaches used are the statutory approach, the conceptual approach, and case aprroach.Results of the Research: The results of the research show that according to international humanitarian law, violations committed by Israel in armed conflict involve actions that violate the principles of protection of civilians and civilian infrastructure. Humanitarian law, as set out in the Geneva Conventions, prohibits attacks on non-combatants and requires protection of vital facilities such as hospitals and schools, as well as access to humanitarian aid.

Tanggungjawab Negara Arab Saudi Dalam Pelanggaran Terhadap Hukum Diplomatik

Introduction: Countries in the world that live side by side must establish cooperative relations with one another. Relations between these countries require various rules so as to give birth to diplomatic and consular provisions, namely in the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations. However, it is undeniable that even though it has been regulated in such a way, violations of the provisions of international law cannot be avoided because they are closely related to human relations. For example, the violations committed by Saudi Arabia.Purposes of the Research: This writing aims to find out the violations of Diplomatic Law committed and the form of accountability that must be fulfilled by Saudi ArabiaMethods of the Research: Using Normative Legal Research Type. This type of research will be carried out by examining and analyzing primary and secondary legal sources that are related to the problem being studied using a statute approach, a case approach, and a conceptual approach.Results of the Research: Based on this research, it can be concluded that Saudi Arabia has been proven to have violated diplomatic law by violating various principles that regulate the course of relations between countries and the provisions of the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations. Thus, based on the provisions of the Responsibility of States for Internationally Wrongful Acts, Saudi Arabia can be held responsible for its mistakes in the form of giving restitution, compensation, or actions that cause satisfaction, for example, a formal apology

The profile and aberrant driving behavior of juvenile traffic law violators in Greece

Abstract The majority of juvenile offenses in Greece are related to road traffic violations. Juveniles in Crete region are required to attend an educational program offered by LaHeRS lab (HMU), in collaboration with the Prosecutor’s Office as part of reformative measures. The current presentation reports on the profile and aberrant driving behavior of juvenile offenders who attended the program between 2023-2024. The Driver Behavior Questionnaire (DBQ) was administered to 181 juvenile offenders. Participants were males (97.8), with a mean age 18.6 (SD = 1.2), resided in rural settings (51.8%) and secondary students 60.7%. The mean age of the first offence was 15.8 (SD = 1.1, min 13 - max 18). Participants scored low in all DBQ scales (covered violations mean=6.1, sd = 7.5; unintentional violations mean=0.9, sd = 1.6; lapses mean=8.9, sd = 10.5). No statistically significant difference was found in DBQ scores between those who had and did not have a driver’s license, as well as between those from urban or rural areas. The three DBQ subscales significant correlated (p < .001). Among other risky behaviors, 54.9% reported exceeding the legal speed limit, 66.3% reported aggression feelings when driving behind a slow vehicle, 34.5% used mobile phones while driving, 17.7% reported alcohol use while driving. Surprisingly, 85.5% stated high confidence addressing risks on the roads. Key messages • Early interventions on aberrant driving behavior among adolescents is crucial. • Educational programs should be tailored to address the unique needs of juvenile traffic law violators.

Environmental and Humanitarian Law Violations in Bangladesh's Coastal Areas: A Survey Analysis

This study investigates the intersection of environmental and humanitarian law violations in the coastal areas of Bangladesh, focusing on the implications of climate change-induced disasters on vulnerable communities. A quantitative survey was conducted, with 150 respondents representing coastal regions, to gather data on the prevalence of environmental degradation, climate-induced displacement, and human rights violations. Findings reveal a significant correlation between environmental hazards, such as cyclones and sea-level rise, and the displacement of coastal populations, exacerbating socio-economic vulnerabilities and human rights abuses. The study employs a quantitative methods design, analyzing survey data of legal frameworks, policy documents, and scholarly literature. The data was analyzed through Smart PLS 4 for Structural Equational Model (SEM). The purpose of this research is to elucidate the complexities surrounding legal enforcement, policy implementation, and grassroots initiatives aimed at addressing environmental and humanitarian challenges in coastal areas. By providing empirical evidence and insights into the lived experiences of affected communities, this study aims to inform evidence-based policy interventions, legal reforms, and humanitarian strategies to enhance resilience and protect the rights of coastal populations facing the impacts of climate change and environmental degradation.

Comparative Impacts of Ex-Ante and Ex-Post Regulation in Digital Markets: An Event Study Analysis of Stock Price Reactions

Abstract In the analysis of digital markets and competition, it is imperative to consider the regulatory landscape. Specifically, with the shift from ex post to ex ante regulation in competition law, establishing a competitive environment reflective of regulatory costs becomes imperative. This study investigates the market’s assessment of ex ante regulation through stock price event analysis. The findings reveal that the market perceives a 10–20 % negative impact on businesses from ex ante regulation for each event upon finalization of the regulatory framework or identification of regulated entities. Unlike ex-post regulation, which targets specific businesses and yields varied impacts in competition law violations, ex ante regulation’s broader influence is remarkable. ex ante regulation incurs significant business costs, with the market assessing its impact as surpassing that of ex-post regulation when viewed holistically. Acknowledging these regulatory costs underscores the imperative for stringent oversight to guarantee the attainment of regulatory aims and objectives.

European Arrest Warrants, the rule of law and communication: What future for mutual recognition?

This contribution addresses the insistence of the Court of Justice of the European Union on the two-step test in the context of European Arrest Warrants (EAWs) and focuses on the advantages this approach offers whilst acknowledging its downsides. Crucially, the Court's approach keeps the vertical and horizontal channels of communication open and is flanked by a subtle broadening of the criteria, which the requested judicial authority can take into consideration when assessing the second limb of the test. This shift provides national judicial authorities with tools to respond to rule of law violations by refusing the execution of an EAW. This move to judicial subsidiarity creates pitfalls, but the Court's focus on communication has the potential to transform the Court's initial top-down approach to mutual trust into a bottom-up approach, which could foster the emergence of, and strengthen, real trust between national judicial authorities.

The important role of civil class actions in the enforcement of corporate criminal law

Recent experience in civil litigation, particularly with opt-out class actions against corporations for competition law offences, has highlighted the efficiency of ‘dual enforcement’ as a strategy for fighting corporate crime. The success of the opt-out class action regime has resulted in innovation and developments that have pushed the boundaries of competition law, involving cases that are traditionally considered matters of environmental, data or consumer protection law. However, although private litigation can overcome the deterrence deficit associated with criminal enforcement by deferred prosecution agreement, and is an increasingly important tool in the fight against corporate crime, the Supreme Court’s recent decision in the PACCAR case has created uncertainty in the third-party litigation funding market, upon which these class actions rely. Given the woefully inadequate funding afforded to public enforcement agencies, including the UK’s Serious Fraud Office, there is a clear economic case for the availability of dual enforcement, and thus an urgent need for Parliament to enact amending legislation, with retrospective effect, to reverse the PACCAR decision. Furthermore, the dual enforcement model should be extended to enable individuals to enforce consumer protection law through opt-out class actions. This would avoid the current situation in which claims are being framed as competition law infringements, such that success may well turn on the finest of distinctions. Lacking the various constraints associated with the criminal law, this extension would also enable the private enforcement of various types of corporate misconduct that, viewed through alternative the lens of the criminal law, are tantamount to fraud.

Medical students' tobacco consumption status and experiences with smoke-free law violations in enclosed spaces in Türkiye and Northern Cyprus

Medical students' tobacco consumption status and experiences with smoke-free law violations in enclosed spaces in Türkiye and Northern Cyprus

Storm in an Ice Cream Cone: Was Ben & Jerry's Decision to End Ice Cream Sales in Israeli Settlements a Responsible Corporate Exit from Occupied Territories?

Abstract Ben & Jerry's – the famous ice cream brand known for its quirky flavours and social justice ethos – announced in 2021 that it would withdraw its products from Israeli settlements in the Occupied Palestinian Territory (OPT). This announcement sparked controversy, with an impact on the company and its parent, Unilever. While the UN Guiding Principles on Business and Human Rights (2011) (UNGP) have established themselves as the leading international governance framework for the social responsibilities of businesses, their application to conflict-affected areas lacks clarity. Questions remain, including when is a company legally complicit in violations of international humanitarian law (IHL), and when is a corporate exit from an area under military occupation the appropriate and responsible thing to do. This article uses Ben & Jerry's withdrawal from the OPT as the basis for investigating these questions. It finds that while it is unlikely that Ben & Jerry's would be exposed to any legal liability for violating IHL through its product sales in Israeli settlements in the OPT, its withdrawal aligns with its responsibilities under the UNGP as a reasonable and prudent corporate action in response to its activities being linked to enduring and severe IHL violations.

Pertanggungjawaban Pidana Pelaku yang Memiliki Riwayat Gangguan Jiwa pada Perkara Pembunuhan di Kabupaten Kebumen

The problem faced is What is the criminal responsibility of the perpetrators of the crime of murder if the perpetrator has a history of psychiatric disorders in decision number 174/Pid.B/2018/PN.Kbm, and what factors are the cause of the murder case committed by the perpetrator who has a history of psychiatric disorders in decision number 174/Pid.B/2018/PN.Kbm, as well as how the judge's legal considerations in imposing a crime on the perpetrator murder criminal who has a history of mental disorders in decision number 174/Pid.B/2018/PN.Kbm? offender with a history of mental disorders. This type of research is normative legal research with the approach method used is normative juridical (normative legal research method). The research findings based on psychiatric examination and observation by specialist doctors at RSJ Prof. Dr. Soerojo Magelang on the suspect Sumudi bin Sodali include laboratory results within normal limits and for psychological examinations, intelligence level (IQ) is 75-79 /borderline and anti-social personality disorder with paranoia. As for other diagnoses, namely: Axis I (aspect I): F60.2 Anti-social personality disorder, meaning that the patient has a behavioral disorder characterized by not caring about social norms, cheating or lying, often committing criminal acts, and no sense of guilt and regret.; Axis II (aspect II): Paranoid personality trait meaning that the patient is easily suspicious.; Axis III (aspect III): No diagnosis, meaning no physical illness is found; Axis IV (aspect IV): Problems related to law /criminal means that the patient often violates the law/criminal.; Axis V (aspect V): Global function assessment 70-61, meaning some difficulties in social and work functioning, but in general functioning well, having a significant relationship. The conclusion is that based on the expert's statement that for cases of law violations that have been committed by a patient named Mr. SUMUDI bin SODALI towards his own biological mother is part of a mental disorder, but not a severe mental disorder (psychotic) so that the patient can still direct his will consciously.

Legal analysis of different approaches to understanding the phenomenon of miscarriage of justice in administrative proceedings

The article is devoted to the study of various approaches to understanding the phenomenon of a miscarriage of justice in administrative proceedings. The author establishes that a miscarriage of justice in administrative proceedings can be referred to in several senses. Firstly, a miscarriage of justice in administrative proceedings can be understood in a narrow sense, depending on the aspect specifically chosen (epistemological, praxeological and teleological) or their combination. The epistemological aspect of understanding a miscarriage of justice in administrative proceedings relates to the processes of mental and cognitive activity of a judge. Within this aspect, a miscarriage of justice is considered as a result of a defect in the subject matter of a judge’s cognitive actions, which may be manifested in incorrect processing or interpretation of information. The praxeological aspect of understanding a miscarriage of justice in administrative proceedings focuses on the compliance of the judge’s actions with the requirements and procedural rules set forth in the law. In this context, a miscarriage of justice is manifested as an unlawful act (action or inaction) of a judge, which consists in the judge’s incorrect application of substantive law or violation of procedural law. The teleological aspect of understanding a miscarriage of justice relates to the purposes of administrative proceedings. Under this approach, a miscarriage of justice is defined as a result that does not meet the goals of administrative proceedings. The interconnection and interdependence of the epistemological, praxeological and teleological aspects forms a comprehensive understanding, a holistic perception of this phenomenon in administrative proceedings. This integration of different perspectives makes it possible to characterize a miscarriage of justice by providing a deep and multilevel understanding of its nature. In a broad sense, a miscarriage of justice in administrative proceedings can be understood as a judge’s procedural activity related to the misperception, analysis or reproduction of legal norms, which is reflected in the adoption of a court decision that is unable to achieve the purpose of administrative proceedings.

Dualistic View in the Formulation of Criminal Offenses in the National Criminal Code

This article discusses the shift in criminal law perspectives in Indonesia from monist to dualist within the National Criminal Code (Kitab Undang-Undang Hukum Pidana or KUHP). The term "pidana," originating from the Dutch word "straf," is defined as the punishment imposed by the state for criminal law violations. Since the colonial era, Indonesia inherited Dutch criminal law, which underwent reforms starting in 1958. These reforms were driven by the need for a better criminal legal framework in line with societal developments. The aim of criminal law reform is to achieve legal certainty, justice, and utility. The reasons for reform are influenced by political, sociological, psychological, and practical aspects. Reform efforts include legal discoveries through interpretation, analogy, and legal refinement, covering substantive, structural, and cultural aspects of the law. The National Criminal Code of Indonesia has shifted its perspective from monist to dualist. Monist theory unifies the wrongful nature and culpability as elements of a criminal act, while dualist theory separates them. The National Criminal Code affirms this separation but still formulates the subjective element of negligence in specific criminal acts. This shift in perspective has implications for law enforcement processes in courts. Prosecutors are not required to prove intent, and courts must balance criminal acts and criminal liability. However, there is a need for the development and understanding of these concepts by law enforcement, legal advisors, and judges to maintain a balance between legal certainty and justice. In conclusion, the National Criminal Code adopts a dualist perspective to strengthen the role of criminal law. The separation of criminal acts and criminal liability is expected to enhance the balance between legal certainty and justice in criminal court decisions in Indonesia.

Quantum lozenge tiling and entanglement phase transition

While volume violation of area law has been exhibited in several quantum spin chains, the construction of a corresponding ground state in higher dimensions, entangled in more than one direction, has been an open problem. Here we construct a 2D frustration-free Hamiltonian with maximal violation of the area law. We do so by building a quantum model of random surfaces with color degree of freedom that can be viewed as a collection of colored Dyck paths. The Hamiltonian may be viewed as a 2D generalization of the Fredkin spin chain. It relates all the colored random surface configurations subject to a Dirichlet boundary condition and hard wall constraint from below to one another, and the ground state is therefore a superposition of all such classical states and non-degenerate. Its entanglement entropy between subsystems undergoes a quantum phase transition as the deformation parameter is tuned. The area- and volume-law phases are similar to the one-dimensional model, while the critical point scales with the linear size of the system L as Llog⁡L. Further it is conjectured that similar models with entanglement phase transitions can be built in higher dimensions with even softer area law violations at the critical point.

The Practice of Using Inheritance Assets for Death Feast Expenses from the Perspective of Islamic Law and the Aceh Customary Council (Majelis Adat Aceh)

This study aims to determine the practice of using pre-divided inheritance as funeral expenses in Aceh Singkil Regency from the perspective of Islamic Law and the Aceh Customary Council (Majelis Adat Aceh). This study uses a qualitative method with data collection techniques in the form of observation, interviews, and documentation studies. The results of the study found that funeral expenses in Aceh Singkil Regency are often carried out using undistributed inheritance, even though this is contrary to Islamic law. Islamic law prohibits the use of inheritance for funerals except under certain conditions with strict requirements, but the practice in Aceh Singkil shows that many of these requirements are not met. In addition, the view of the Aceh Singkil Regency Customary Council emphasizes that the use of undistributed inheritance for funerals is contrary to sharia and is very relevant. Therefore, the implementation of this prohibition is very important to prevent violations of Islamic Law.

THE RELATIONSHIP BETWEEN SELF-ESTEEM AND RESILIENCE IN PRISONERS IN CORRECTIONAL INSTITUTIONS FEMALE CLASS II B PADANG

Correctional institutions are institutions used to train and guide law violators. Inmates during their prison period experience problems such as inner conflict, trauma, difficulty adapting, unstable emotions and anxiety. To be able to survive and adapt during the prison period inmates need the ability to adapt and overcome various problems that arise which are made with resilience, one of the factors that affect a person's resilience is self-esteem. Therefore, this study aims to see the relationship between self-esteem and resilience in female inmates of class IIB Padang. This study uses a quantitative research method with a correlational approach. The number of samples in this study was 53 inmates who were selected using purposive sampling techniques. Data collection was carried out using the resilience scale and self-esteem scale from Karimah (2022). The data analysis in this study uses product moment correlation analysis with the help of SPSS.26. The results of this study show that self-esteem has a relationship with resilience in inmates in class IIB Padang women's correctional institution.

Проблемы реализации норм о неизменности состава суда в судебном разбирательстве

The article discusses problematic issues related to the application of the provisions of the Code of Criminal Procedure on the invariability of the composition of the court in legal proceedings. It is noted that the immutability of the composition of the court as a general condition of the trial is one of the procedural guarantees of the legality of the composition of the court and violation of this provision is recognized as a significant violation of the criminal procedure law. As a result of the study, it was noted that the provisions of Art. 242 of the Code of Criminal Procedure are not applied during all periods when a case is in court and not in relation to all issues under consideration. The article analyzes situations in which the participation of another judge in a case is not considered a violation of the requirement of immutability. The authors considered the issue of the possibility of replacing a judge after the announcement of a verdict when considering a criminal case with the participation of a jury.

The illegal trade of binturongs in indonesia (arctictis binturong)

Wildlife trade heavily exploits small carnivores like the Binturong Arctictis binturong which is coveted for meat, skin, civet coffee production and the pet trade, across its range in Asia. Yet, there are few studies documenting the trade of binturongs or the impact of trade on wild populations. This study examines seizure data and online trade of binturongs in Indonesia to better understand trade dynamics and identify measures to mitigate illegal trade and exploitation. We found a significant quantity of binturongs for sale online with 594 adverts offering over 720 live animals during the study period, the majority of which were on Facebook (97.6%). The trade largely revolves around the demand for pets. Both wild-sourced and captive-bred individuals were observed for sale. Nevertheless, we argue the vast majority are likely to have been illegally harvested from the wild posing a serious threat to the survival of this unique small carnivore. This was supported by seizure data whereby 103 live binturongs were confiscated indicating illegal hunting for the species is occurring in violation of local wildlife laws. The vast number of adverts for binturongs indicates buyers and traders do not fear detection or perceive local enforcement as a threat. Addressing legislative weaknesses and greater enforcement of laws and prosecution rates will be essential in mitigating illegal trade and exploitation. Establishing clear and stringent regulations on online wildlife traders and platforms such as Facebook which facilitate this trade is urgently needed to end the rampant and blatant illegal trade of wildlife.

Kłamstwo procesowe i zaprzeczenie jako forma nadużycia prawa w procesie cywilnym

"Both, false statement and denial of facts can be a form of defense in civil proce-edings, but also source of claims. evidentiary agreement False statement is both violation of good practice and an abuse of procedural law. Court is allowed to apply measures referred in Article 2262 § 2 k.p.c. and 103 § 1-2 k.p.c. on participant who brings forth false statements during civil proceed-ings. However, in order to apply measures referred in Article 2262 § 2 k.p.c., it is necessary to prior instruct this participant about that possibility. General rejection of facts is not an abuse of procedural law because it is a vio-lation of law (Article 127 k.p.c. and 210 § 2 k.p.c.). That is the reason why it does not cause any effect during civil proceedings. However, it is not always possible to apply Article 230 k.p.c. in that situation. Denying facts in last phase of civil proceedings is a form of violation of good practice, but it will take effect if opposite party did not present evidence in the complaint or in the statement of defense and proceedings in commercial cases apply (Article 4855 § 1 k.p.c.). It is allowed to penalize that party with measures referred in Article 2262 § 2 k.p.c. In other cases court may consider this procedural. action as ineffective, however the rule should be to apply Article 2262 § 2 k.p.c. and 103 § 1-2 k.p.c. Denial of fact that can be proven only by an evidence which is prohibited by ev-identiary agreement may also be a form of abuse of procedural law."