Violation Of Law Research Articles

General deterrent effects of environmental law enforcement: Evidence from a survey experiment on recycling

Law enforcement is intended to deter illicit behaviors by instilling fear in people. However, limited empirical evidence exists regarding the effect of law enforcement on people's perceived risk of being sanctioned for violating rules and regulations. Here, we explore the general deterrent effects of recycling law enforcement using a survey experiment with 744 residents of Shanghai, China. Information on recycling law enforcement increases respondents' perceived intensity of monitoring and perceived risk of punishment for violations of recycling laws. The effects still hold when excluding the confounding effects from the enactment of recycling laws. We also investigated heterogeneity of the effects across populations. Our results underscore the existence of general deterrent effects associated with recycling law enforcement. We conclude that the public disclosure of cases of punishment for recycling law violations could serve as an effective means to enforce recycling practices.

Juridicial Review of the Appointment of An Ex-Convict of Corruption to Be A Commissioner of Bumn and Subsidiary Company of Bumn and Its Implication for Good Corporate Governance (Gcg

This research aims to analize the appointment of an ex-convict of corruption to be a Commissioner of BUMN and the subsidiary company of BUMN from a legal perspective and its implication for Good Corporate Governance Practices. The result showed that the appointment of an ex-convict of corruption to be a Commissioner of BUMN and the subsidiary company of BUMN is considered as a violation of law because it doesn’t fulfill the Integrity aspect. The violation of integrity showed that Good Corporate Governance is not fully materialized in a corporate practice, especially BUMN and the subsidiary company of BUMN.

Peran Media Sosial Tiktok sebagai Media Pendidikan Hukum untuk Mengembangkan Kompetensi Warga Negara Muda

At this time social media is the most popular platform used by teenagers, they use various types of social media, especially Tiktok as a way to entertain themselves when bored and bored. Tiktok is a social media that is widely accessed today because Tiktok not only provides entertainment but also educational benefits. But besides that, there is currently a crisis of legal education shown by the increasing number of law violations by teenagers, this study aims to utilize Tiktok social media, especially on @istilah.law and @harustauhukum.id accounts as legal education media to improve knowledge, attitudes and skills in students at SMA Pendidikan Pembangunan Bangsa Kota Bandung. This study utilizes a qualitative descriptive approach and collects data using questionnaire media, interview techniques, and observation. This research results that Tiktok content on various @istilah.law and @harustauhukum.id accounts that are easy to understand and easily accessible can contribute to increasing knowledge, attitudes and skills

Protected Natural Areas: A literary analysis of the Decrees of the Cerro de San Juan Biosphere State Reserve in Nayarit

Protected Natural Areas (ANP) in Mexico are key to conserving biodiversity but face challenges due to poor management and violations of environmental laws, resulting in degraded habitats. The LGEEPA and state laws are essential for their conservation, requiring alignment of local governments. Collaboration among governmental entities, research centers, and society is crucial to establish ANP that comply with environmental policies. A study in 2023 analyzed environmental legislation and its impact, aiming to identify effective regulations for local communities. For effective conservation, ANP need appropriate management categories, zoning, and plans supervised multidisciplinarily. This approach will ensure efficient management aligned with national goals for conserving and restoring ecosystems in Mexico.

Legal Regulation of Digital Platforms and Antimonopoly Control: Application Practice

The article highlights some conflicts and gaps in the legal regulation of the activities of digital platforms, in particular marketplaces. Currently, in the field of e-commerce, a situation has arisen in which digital platforms (marketplaces) have ceased to play the role of exclusive information intermediaries, transmitting information about the product from the seller to the buyer with remote communication between them under sales contracts. In the doctrine of competition law, the classical approach is generally accepted, according to which an economic entity dominating a market may fall under the criteria of abuse of a dominant position. The "Fifth Antimonopoly Package" makes it possible to improve doctrinal approaches to the establishment of abuse of a dominant position by special subjects. The positions of the FAS Russia, which appeared in connection with the need to regulate complex relations to protect competition in commodity markets, where there are signs of “network effects”, have an important role for the exercise by antimonopoly authorities of powers to intersect monopolistic activities in commodity markets and the formation of a uniform approach in law enforcement practice in cases on violation of antitrust laws by owners of transactional digital platforms. New approaches to the application of relevant legal regulation, including in related markets, have been identified based on the results of an analysis of the norms of antimonopoly legislation, legislation on trading activities and specific decisions of the antimonopoly authority related to the application of Article 101 of Federal Law of 26. 07. 2024 No. 135-FZ “On Protection of Competition”.

Locus standi in administrative proceedings concerning environment protection, in the case law of the CJEU and the ECtHR

Effective legal protection against the unlawfulness of administrative acts is essentially achieved if the aggrieved party has some form of legal remedy to enforce his/her rights. This remedy may be at the stage of the administrative procedure, however, in some cases it may achieve its real purpose only through judicial means. The right to a fair hearing is closely linked to the right to remedy, which means the possibility of simultaneously appealing to another body or to a higher forum within the same organization regarding decisions on the merits. An essential element of all remedies is the possibility of remedy, i.e. the remedy conceptually and substantively includes the possibility of reviewing of the violation of law. The aim of the person affected is nothing other than to remedy his or her disadvantage. But who can be affected?

Conceptual basis of international jurisdiction

Constant changes in international relations and global challenges in the geopolitical arena disrupt the effectiveness and relevance of existing approaches to international justice. In this context, there is a need to analyze the conceptual foundations of this field in order to adapt to modern realities. The main goal of this study is to analyze the conceptual foundations of international justice, taking into account the latest scientific achievements and global perspectives. The focus of the research is the formation of new theoretical approaches and conceptual frameworks for the analysis and understanding of international criminal law. The methodological basis of the study is based on the analysis of scientific works in the field of international criminal law, as well as the use of modern scientific approaches to information processing. The article reveals new aspects and perspectives of the study of the conceptual foundations of international justice, which can contribute to the further development of the theory and practice of disclosure and investigation of serious violations of international law. The author highlights four conceptual ideas that underlie International Criminal Justice. The first concept concerns the principle of legality, which takes into account not only legal norms, but also social and legal transformations. The second idea considers the principle of international crime, which covers serious violations of international law. The third concept concerns individual responsibility for international crimes, regardless of the social status and official position of the subject of the offense. The fourth idea is the principle of universal jurisdiction, which provides a legal response to serious violations of international law, regardless of the circumstances and the subject of their commission. These concepts reflect the goal of international criminal justice, which is the inevitability of punishment for serious violations of international law, since their commission threatens the security of all humanity.

PERLINDUNGAN HUKUM TERHADAP HAK-HAK ISTRI KORBAN KDRT PASCA PERCERAIAN BERBASIS NILAI KEADILAN DALAM HUKUM ISLAM DAN HUKUM NASIONAL

This article examines the issue of forms of legal protection for the rights of wives of domestic violence victims based on the values of justice. This is because victims of domestic violence are increasing from year to year, even though there is a Law on the Elimination of Domestic Violence, this phenomenon still continues. Therefore, this issue is important to study in order to get a clear picture of the forms of legal protection that can be obtained by victims of domestic violence. The research approach is a qualitative approach with a normative juridical scientific approach, the data is in the form of secondary data sourced from statutory regulations and studies of Islamic jurisprudence literature. In the discussion it was revealed that: Firstly, the forms of legal protection in legislation are classified into: 1). Preventive action, namely a form of legal protection by clearly regulating the rights and obligations of husband and wife, this has been regulated in the Marriage Law and KHI. 1). Repressive action, namely a form of legal protection when domestic violence has occurred, then this falls into the category of criminal law where the perpetrator is threatened with a crime, this has been regulated in the 2004 Domestic Violence Law. Secondly, in Islam legal protection is more comprehensive, by regulating the laws between husband and wife, both laws relating to civil matters during and after divorce. Likewise, Islam clearly provides legal protection for victims of domestic violence, by enforcing hudud penalties for perpetrators of domestic violence.

Authority of Bawaslu to Handle Violations of Administrative Law in Fiqh Siyasah

Authority of Bawaslu to Handle Violations of Administrative Law in Fiqh Siyasah

Extraterritorial Application of the European Convention on Human Rights at Sea

We live in a world where we face countless crises and directly experience armed conflicts. The seas, such as the Red Sea, the Black Sea, and South China Sea hold strategic importance in these crises and conflicts. The sea is a unique and challenging environment, considering both its distinct physical characteristics and the jurisdictional issues. At sea, human rights can be compromised in various ways, and these cases often go unreported or they lack sufficient public awareness. It is also an expansive area to monitor, and the effectiveness of the police or military forces is sometimes hindered by limited resources or the reluctance to take action due to the non-compliance with legal regulations. It is the responsibility of the international community to encourage the authorities to prosecute the perpetrators by establishing a legal framework that effectively safeguards human rights and can be enforced by state authorities. This paper aims to explore the challenges of enforcing human rights during the arrest and detention process in cases of transnational crimes or violations of international law, such as piracy, terrorism, and drug trafficking committed on sea, involving the case law of the European Court of Human Rights.

Terrorism and War Crimes: Two Sides of The Same Coin?

The definition of terrorism is not consensual, even within the same country. Indeed, in the United States of America, a country where the fight against terrorism is one of the present political priorities, the definition varies depending on whether the source is the Department of Defense (DoD), the US Code, the Federal Bureau of Investigation (FBI) or the Department of State, but this lack of consensus does not mean that terrorism is not considered a crime according to the Resolution 49/6026 of 17 February 1995 of the United Nations General Assembly. However, many experts on the thematic do not accept the definition of terrorism as an international crime in time of peace defending that terrorism is essentially the violation of domestic laws which have their genesis in treaties to which states may or may not adhere, and this explains why some countries refuse to reduce their sovereignty and do not accept to transfer the jurisdiction for crimes of international terrorism to supranational institutions. According to this vision, terrorism must be included as a subtype in one of the four modalities that are already recognized by international law. This article reflects on the relationship between terrorism and the modalities of war crimes judged by the International Criminal Court (ICC) and seeks to show that the seriousness of the terrorist threat justifies that terrorism should be considered an autonomous international crime.

Exploring the Concept of Unsafe Antisocial Behavior among Motor Vehicle Drivers: A Qualitative Study

Background: Previous analyses have revealed that the human factor is significant in causing traffic accidents. Antisocial driving behaviors have led to a phenomenon called driving violence, which poses a significant risk to other road users. Accordingly, this study aimed to explore the concept of antisocial driving behavior and its various types. Methods: This qualitative study was carried out using a content analysis approach and involved 12 participants selected through the purposive sampling method. In-depth semi-structured interviews were conducted from June to September 2019 in Tehran, Iran. Data were analyzed using Graneheim’s approach. Results: The study identified a total of 419 primary codes, 10 subcategories, and 5 main categories including culture, violation of laws, reduced traffic safety, reduced social welfare, and risk-taking behaviors. Conclusion: Antisocial behaviors in driving are context-based and pose a potential risk to other road users. They often violate citizenship rights and driving laws while being related to the prevailing culture of the community. Therefore, appropriate interventions and policies should be adopted to reduce these behaviors.

Penegakkan Hukum terhadap Pelanggaran HAM di Papua: Diskriminasi Etnis

Racial discrimination and violence against minority communities is prohibited by law, and the protection of minority groups is guaranteed by the Constitution, national laws, as well as international laws or conventions ratified by Indonesia, such as the ICCPR and ICERD. However, cases of violence involving ethnic Papuans are often ignored by the state, even though this is a violation of human rights. This research will use a normative juridical approach by presenting and analyzing the validity of statutory provisions. The socio-legal study in this research will be carried out by analyzing social studies, multidisciplinary social science theories related to the phenomenon of racial discrimination against ethnic Papuans, such as psychology in looking at prejudice and discrimination; Communication Studies; Social Integration and Disintegration Theory; and Social Conflict Theory. The aim of this research is to examine law enforcement using a social science paradigm. This research will review the quality of law enforcement, the extent to which these rules are enforced, and the extent to which law enforcement and the government can fulfill citizens' rights not to be discriminated against. This research shows that discrimination against the Papuan people is caused by racial discrimination in various aspects, including economics, politics, education and law enforcement. The application of anti- discrimination laws must be based on the professionalism of law enforcement officials so as not to give rise to new discrimination in law enforcement. This research recommends that the Indonesian Government increase political will in enforcing anti-discrimination and violence laws in all cases, especially against the Papuan ethnic group. Maximum anti-discrimination law enforcement efforts are needed to realize human rights goals, namely the provision, enforcement and protection of human rights.

Kriminalisasi Korban KDRT Ditinjau dalam Perspektif Viktimologi (Studi Kasus: Putusan Nomor 256/Pdt.P/2021/PN Kwg)

Domestic violence is basically formulated as any form of behavior that causes physical and psychological suffering to someone who is within the scope of the household. Records on domestic violence show a consistent and significant increase in the number of cases. Criminalization of domestic violence victims often occurs such as the case experienced by Valencya, she was reported by her husband until finally the Prosecutor charged Valencya with violating the article 45 ayat (1) junto Pasal 5 huruf Undang-Undang Nomor 23 tahun 2004 tentang Penghapusan Kekerasan dalam Rumah Tangga (UUPKDRT). The purpose of this study is to analyze the prosecutor's demands in Valencya's case study and examine the concept of legal protection for criminalization of victims of domestic violence. This research uses a case approach and a statutory approach. The data obtained are analyzed descriptively. The findings of this study show that law enforcement uses the domestic violence law to criminalize women victims of domestic violence. But with all considerations, the JPU finally dropped the one-year prison sentence in Valencya's case to acquittal. Therefore, awareness of the importance of consistency in law enforcement is needed, especially in handling domestic violence cases in order to decide appropriately and in accordance with applicable law. The rights of victims of domestic violence are rights obtained by every Indonesian citizen, which is affirmed in article 3 of the Law on Domestic Violence. This research is for all walks of life. However, in practice the rights of victims of domestic violence have not been fulfilled in their entirety. The number of victims of domestic violence who, after undergoing recovery, have to return home and receive violence again from their husbands, this is of course a very crucial problem. And the criminalization of domestic violence victims is an issue that must be considered. The purpose of this study is to examine the criminalization of victims of domestic violence.

Unmanned Underwater Vehicles in Crime Detection and Prevention

The relevance of the research is determined by the need to develop effective methods and strategies for the use of modern technologies to ensure the security of marine and underwater facilities in the face of the growing threat of underwater activity, terrorism, and violations of laws at sea. The research aims to analyse and document specific tactical and organisational approaches to the use of unmanned underwater vehicles aimed at increasing the effectiveness of actions related to the detection, investigation, and prevention of underwater crime. Classification, analytical, functional, statistical, and synthesis methods are among the methods used. The research results highlight the global experience of using drones in forensic practice and may serve as a basis for further improvement of legislation in this area. The application of uninhabited underwater vehicles by law enforcement and state bodies in the investigation of criminal offences is considered in the article, and the norms of criminal procedural legislation of the Republic of Kazakhstan regulating the use of technical means in criminal proceedings are analysed. The study reveals the lack of comprehensive research on the use of unmanned underwater vehicles as scientific and technical means for the investigation of certain types of criminal cases, such as drug-trafficking and poaching, and offers recommendations on their use to identify and search for evidence in the aquatic environment. This research has a practical value by providing new methodologies and strategies for organisations and law-enforcement agencies in the field of underwater security, contributing to more effective detection, investigation, and prevention of crime in the maritime and underwater domains.

Inter-State Communications before UN Human Rights Treaty Bodies: Testing the Waters for Collective Communications

Abstract The awakening of inter-state communications with the first ever three cases before the Committee on the Elimination of Racial Discrimination in 2018 has inspired new avenues of research about their potential and shortfalls. This article opens a new line of exploration, considering the mechanism’s potential as an avenue for collective action at a time when many States are responding to violations of international law, even when not directly affected by those violations. Those responses have included massive third-party interventions (Ukraine v Russia), and the initiation of proceedings before the icj by States not directly injured (The Gambia v Myanmar, Canada and the Netherlands v Syrian Arab Republic, South Africa v Israel). This article argues that enabling collective inter-state communications before UN treaty bodies could strengthen the mechanism as an avenue for treaty compliance and the protection of human rights, and for amplifying sovereign voices as part of peaceful dispute settlement processes.

Komunikasi Pembangunan sebagai Model Pemberdayaan di Taman Wisata Bur Telege Aceh Tengah

Participatory development communication is a communication model that is adaptive to various social conditions of the community. One of them is the Bur Telege tourist park located in Hakim Bale Bujang village, Takengon city, Central Aceh. Bur Telege was established due to the local community's concerns about the high level of violations of Islamic law that occurred, the second reason being the difficulty of finding employment at this time. An interesting thing to study is of course because the Bur Telege tourist park is managed directly by the Village-Owned Enterprise BUMD which works together to find the best solution to the problems faced. This study will try to review how development communication is used to empower the local community. Four pillars were found until finally the empowerment model used can be stimulated. Starting from the preparation of the vision and mission of the Bur Telege tourist park, then continued with a common perception, promotion, education and motivation, then continued with the institutionalization stage, then entered the support mobilization stage and finally the action stage.

Algorithm for forming a set of indicators of international trade customs regulation effectiveness in the EAEU member states

The relevance of the study is due to the fact that international trade globalization and intensification increase competitiveness of not only domestic but also foreign producers, so the business sector expects to facilitate business conditions, simplify customs procedures, increase customs activities efficiency, and improve customs services provision. Goods transportation across the customs borders of countries around the world presents challenges in filling out documentation, transportation methods, information processing, and compliance with regulations that are not internationally harmonized. It leads to customs laws violations that must be detected during the customs control process. Consequently, customs regulation effectiveness will depend directly on the customs control results. The article presents a theoretical and methodological description of the procedure for assessing international trade customs regulation effectiveness in the EAEU member states, as well as a vector for developing a comprehensive set of performance indicators. The proposed assessment algorithm and the set of quantitative and qualitative indicators can be regarded as fundamental interrelated criteria that ensure improvement of efficiency of control over the customs authorities’ activities and corrective management decisions, if necessary. The application in customs practice of the proposed indicators for assessing international trade customs regulation effectiveness will contribute to customs policy effective implementation for the harmonious development of the EAEU member states’ economies, including Russia, in modern society and the basis of their sustainable political, economic and social development.

Implementation of Islamic Spiritual Charge for Hospital Patients Dr. Sardjito Yogyakarta: Review of Islamic Law

In order to cause a sense of calm and comfort in the hearts of patients, spiritual compensation activities are held. The spiritual field of Dr. Sardjito Hospital coordinates this activity. Spirituality is a religious institution at Dr. Sardjito Hospital, which handles spiritual compensation activities for patients and care for corpses. However, in the implementation, especially the care of the corpse, there has been an error or violation of shari'a or Islamic law in carrying out the care of the corpse, namely, the body of the daughter bathed by a man who is not her mahram without the cause of shari'a / Islamic law that allows. The purpose of the research is to find out what mistakes and factors cause violations of Islamic law, to find out what solutions to avoid violations of shari'a or Islamic law, and to find out the implementation of spiritual compensation at Dr. Sardjito Hospital: Review of Islamic Law. The author uses field and library research methods to complete the abovementioned research objectives. Sampling techniques are Observation, Interview, and Questionnaire. The samples are the Director of RSUP, Dr. Sardjito Yogyakarta, the Clergy Coach, the Head of the Nursing Division, the Head of Forensic Medicine Installation, the Clergy Coordinator, the Clergy Officer, the Forensic Medicine Installation Officer and Patients treated, and the data analysis method is quantitative analysis. The results are a form of mistakes: officers and families do not know Islamic law, forced / emergency, motivation to make money, and factors: No cooperation between mortuary office workers and spirituality, No training in corpse care, No supervision from superiors. The solutions are Coaching and care for corpses, increased cooperation, and good supervision. Clear pro tabs and sanctions. The conclusion is the implementation of spiritual compensation to patients in the hospital. Dr. Sardjito: Review of Islamic Law is in accordance with the Shari'a.

Review of International Law Against Diplomatic Immunity Consulate General Who Committed A Violation of Law In The Recipient Country

Review of International Law Against Diplomatic Immunity Consulate General Who Committed A Violation of Law In The Recipient Country