Legal Accountability Research Articles

Legal Construction that Strengthens Individual Legal Responsibility in Corporate Leadership Regarding Practices Social and Environmental Responsibility in Indonesia

<p><em>In the realm of corporate leadership, the integration of </em><em>Tanggung Jawab Sosial dan Lingkungan (TJSL) practices has gained increasing attention as organizations seek to align their operations with sustainable development goals. This paper delves into the legal constructs aimed at strengthening individual legal accountability within corporate leadership concerning TJSL practices. The study engages in a comprehensive analysis of the evolving legal landscape, highlighting mechanisms designed to foster responsible decision-making and governance within corporations. A focal point of the investigation is the examination of legal frameworks that establish a direct connection between individual executives and their fiduciary duties towards social and environmental considerations. The paper explores various jurisdictional approaches to holding corporate leaders accountable, ranging from fiduciary duties extensions to the incorporation of TJSL principles into directorial responsibilities. By scrutinizing case law, statutory provisions, and international standards, the research uncovers patterns in legal precedents that uphold the principle of individual accountability. Furthermore, the paper scrutinizes the challenges inherent in enforcing such legal constructs, especially in transnational contexts. It addresses issues of jurisdictional reach, cross-border liability, and the harmonization of diverse legal frameworks to ensure cohesive accountability standards. The study also assesses the role of corporate governance mechanisms, internal policies, and external incentives that interact with legal provisions to motivate proactive TJSL practices. </em><em>In conclusion, this paper sheds light on the transformative potential of legal mechanisms in fostering a culture of responsible corporate leadership aligned with social and environmental values. It emphasizes the synergy between legal mandates and ethical imperatives, ultimately contributing to the advancement of sustainable business practices within a global context.</em></p><p> </p>

Investor Obligations: Transformative and Regressive Impacts of the Business and Human Rights Framework

Abstract The business and human rights (BHR) framework has regularly been considered the superior legal regime of corporate accountability for business-related human rights abuses, which must be both protected from and incorporated into investment treaties. However, investment treaties have surpassed the BHR framework in an important respect: certain investment treaties impose strict international legal obligations, including human rights-related obligations, directly on investors, thereby going beyond the normatively ambiguous corporate responsibility to respect. Investment treaty reform initiatives, including those seeking to align investment treaties with the BHR agenda, should, therefore, take care to avoid inadvertently undoing this advance towards investors’ legal accountability.

Climate Change as an Existential Threat: Translating Global Goals into Action

Climate change is the greatest existential challenge for the humanity and this makes the implementation of the SDG 13 ‘Climate Action’ and Paris Agreement on Climate Change crucial for our survival. This article begins by elaborating the concept of implementation of international law, makes a comparison between the legal character of the Paris Agreement on Climate Change and the SDGs. It argues that the Paris Agreement creates the necessary legal framework, transparency, technology transfer, accountability, capacity building, financing and other mechanisms to implement SDG 13. However, the lack of political will and ignorance by some governments has led to a lack of progress, which may jeopardize not only Climate Action, but other SDGs too. The article ends with the argument that UN member-states should undertake urgent action to mitigate climate change, adapt to its negative consequences and co-operate towards an effective global climate governance, and for that matter it would be helpful, if climate action is formulated as a new and separate purpose in the UN Charter.

Investigation on the strategy of business administration level of enterprises in the new economic environment.

In the face of the new economic environment, enterprises must continuously enhance their capabilities to achieve long-term development. In the current market scenario, business management relies on economic principles and legal accounting. Considering the current market situation, the article analyzed enterprises system reform and production planning, proposing corresponding countermeasures. Therefore, in order to achieve rapid development, it was necessary to strengthen the management of enterprises. In this paper, the current problems faced by enterprises, solutions and the significance of enterprises needed to improve their management level were explained, and the situation of enterprises was analyzed through the enterprise strategic management model. Comparing with the traditional management model in terms of the complexity of enterprise management processes, efficiency, management level score, and quarterly profit,findings reveal that the management model in the new economic environment has reduced the complexity of the enterprise process by 0.17 points. The management efficiency has increased by 0.15 points, the management score has increased by 14 points, and the quarterly profit of the company has increased by 30,000 yuan. Furthermore, it is elucidated that, in the new economy, enhancing the management level is essential for enabling enterprises to attain long-term development.

Examining the international political and legal accountability of states for genocide, ecocide, and weapons of mass destruction: current norms, practices, and political implications

The article reveals the international framework of political and legal liability of states for committing acts of genocide, ecocide, and using weapons of mass destruction. It is emphasized that these areas form a separate legal responsibility institution within international law. The author emphasizes the lack of unity between theoretical and practical aspects of legal regulation of using weapons of mass destruction, as well as the role that liability plays in the progressive development of law. The paper also highlights topical issues related to the paradigm shifts in modern international law due to the cases of genocide, ecocide, and WMD. The study aims to analyze international legal norms and practices of holding states accountable for the crimes of genocide, ecocide, and use of weapons of mass destruction. The following methods were employed in the course of this research: systemic, comparative legal, historical and legal, structural and functional, and generalization. The article emphasizes that most international crimes are committed with the support or under the control of collective entities, especially states. Nevertheless, international law has tended to impose responsibility for such crimes not only on certain people but also on states. The predominant response of the international community to international crimes was to impose responsibility on specific persons to the extent that it has been directed through international responsibility law. In this regard, it has been symbolized by prosecuting particular criminals through international criminal courts and tribunals.

Fenomena Judi Online : Faktor, Dampak, Pertanggungjawaban Hukum

The advancement of technology has influenced the structure and culture of life, leading to human adaptation to a constantly changing environment, including the rampant increase in online gambling. Digitalization has facilitated easy access through smartphones, with transactions reaching Rp. 104.42 Trillion in October 2023, despite government closure of online gambling sites, new platforms have emerged. Influencers also promote online gambling on their social media platforms. Online gambling violates the law under Pasal 27 (2) of the 2024 UU ITE , with penalties of up to 6 years in prison and/or fines of up to 1 billion rupiah, yet arrests of perpetrators have been made, the access trend remains high, causing serious economic and psychological impacts. This research analyzes legal norms using a normative juridical approach, including the driving factors of online gambling, its impacts, and the legal accountability of perpetrators, which harm individuals and society at large, increasing criminality and disrupting mental health. Countermeasures involve raising awareness about the dangers of online gambling, enforcing strict law enforcement, and cross-sector cooperation to block transaction access, emphasizing the need for legal awareness and stronger preventive actions to address the proliferation of online gambling.

CRISIS IN NAMUN VILLAGE: UNRAVELING PT PERTAMINA EP TANJUNG'S LEGAL OBLIGATIONS AMID CRUDE OIL PIPELINE LEAKAGE

<p>Amidst the serene landscapes of Namun Village in Tabalong District, a rupture in an oil pipeline has disrupted the tranquility, prompting a closer examination of the environmental ramifications and legal accountabilities of PT Pertamina EP Tanjung within Indonesia's regulatory landscape. Through qualitative normative analysis utilizing secondary data, this study delves into the aftermath of the spillage, revealing its profound impact on the local ecosystem and community. It becomes evident that PT Pertamina EP Tanjung bears a significant responsibility in averting future incidents and ensuring adherence to environmental laws. Hence, a nuanced understanding of the legal framework emerges as pivotal in enhancing environmental stewardship, fostering corporate responsibility, and advancing sustainable practices in Indonesia's extractive industries.</p><p>Keywords: Cipta Kerja, Environtmental, Oil Leakage, Pertamina</p>

An umbrella review of pharmacist prescribing: stakeholders’ views and impact on patient outcomes

Abstract Introduction There is great geographical diversity in the degree of prescribing rights pharmacists have. In some countries such as the United Kingdom (UK), pharmacists have unrestricted prescribing rights following appropriate training; in other countries, pharmacists cannot legally prescribe. The impact of pharmacist prescribing (PP) has been studied in various qualitative and quantitative research studies, but this evidence has not been synthesised to support the development of PP internationally. Aim The aim of this umbrella review was to describe the international PP models, establish the impact of PP on patient outcomes and describe key stakeholders’ views of PP, by synthesising all the available systematic reviews (SRs). Methods Six databases (Embase, CINAHL, MEDLINE, Web of Science, Cochrane Library and PsycINFO) were searched, from January 2003 to June 2023, for key terms such as ‘pharmacist’, ‘prescribing’, ‘prescription’ and ‘systematic review’, ‘meta-analysis’, ‘meta-synthesis’. Systematic reviews that examined PP for any clinical condition, for patients of any age and in any healthcare setting were eligible for inclusion. SRs examining pharmacists’ interventions other than PP were excluded as were articles not published in English. Two researchers independently screened titles, abstracts and full texts for eligibility; discrepancies were resolved by discussion with a third reviewer. A data extraction tool was developed, piloted and refined prior to data extraction based on guidance from PRIOR[1] and the Joanna Briggs Institute (JBI).[2] Extracted information included: SR characteristics; inclusion and exclusion criteria; description of prescribing models, setting, clinical conditions, clinical and health service utilisation outcomes and key stakeholders’ views of PP. Data have been synthesised narratively due to the heterogeneity of included studies. Results A total of 6439 titles were retrieved from searches, with 917 duplicates removed. Following abstracts and full text screening (5522 and 129 respectively), 39 systematic reviews (8 qualitative; 19 quantitative and 12 mixed-methods) were included. The description of PP models varied within and between the SRs and demonstrated implementation of different PP models globally. Collaborative practice agreement with a physician, dependant prescribing by protocol and/or formularies were common in Canada and the United States, while supplementary prescribing and independent prescribing models were described in the UK. Prescribing activity was evident in all care settings and for a wide range of clinical conditions. SRs reporting on targeted clinical conditions, noted that patients of pharmacist prescribers had similar blood pressure control and depressive symptoms, better cholesterol and blood glucose control and reduced pain intensity when compared with patients of medical prescribers. SRs also suggests that pharmacist prescribers make fewer errors than non-pharmacists. Key stakeholders noted largely positive views towards PP, with a reduction in physician workload, an improvement in pharmacist job satisfaction, better utilisation of pharmacist knowledge and skills noted. Concerns over pharmacists’ diagnostic abilities, legal accountability for errors and appropriate implementation of PP models were noted. Conclusion A variety of PP models exist internationally. Careful examination of each model should be undertaken prior to adoption and implementation in countries where PP is currently not permitted.

Empowering communities for peace: Multitrack strategies for sustainable peacebuilding in Africa

The paper discusses approaches and analyzes strategies that has the potential to effectively address the root causes of conflicts and promote long-lasting peace in Africa. The study utilizes the concept of multitrack diplomacy theory to explore various interventions and strategies that might contribute to the transformation and prevention of conflicts. It emphasizes the importance of comprehensive approaches that involve citizen diplomats, political elites, religious leaders, NGOs, the media, conflict resolution educators, and traditional rulers. The paper underscores the need to involve and empower local communities to give them a sense of ownership and authority over peacebuilding initiatives. Storytelling, interfaith activities, legal accountability, and education are recognized as useful methods for promoting reconciliation, preventing trauma, and developing the ability to resolve conflicts. The literature indicates that adopting a relationship-focused strategy, bolstered by multitrack diplomacy and local empowerment, can play a role in achieving lasting peace in Africa and other regions. The paper offers pragmatic insights for policymakers, practitioners, and stakeholders engaged in peacebuilding endeavors. It emphasizes the significance of promoting conversation, harmony, and shared comprehension while taking into account the specific requirements, objectives, and resolutions of the local community. By employing these tactics, individuals or groups with a vested interest in a particular issue can actively strive to bring an end to harmful disputes and facilitate inclusive processes of change that foster positive and enduring peace.

Debunking robot rights metaphysically, ethically, and legally

In this work we challenge the argument for robot rights on metaphysical, ethical and legal grounds. Metaphysically, we argue that machines are not the kinds of things that may be denied or granted rights. Building on theories of phenomenology and post-Cartesian approaches to cognitive science, we ground our position in the lived reality of actual humans in an increasingly ubiquitously connected, controlled, digitized, and surveilled society. Ethically, we argue that, given machines’ current and potential harms to the most marginalized in society, limits on (rather than rights for) machines should be at the centre of current AI ethics debate. From a legal perspective, the best analogy to robot rights is not human rights but corporate rights, a highly controversial concept whose most important effect has been the undermining of worker, consumer, and voter rights by advancing the power of capital to exercise outsized influence on politics and law. The idea of robot rights, we conclude, acts as a smoke screen, allowing theorists and futurists to fantasize about benevolently sentient machines with unalterable needs and desires protected by law. While such fantasies have motivated fascinating fiction and art, once they influence legal theory and practice articulating the scope of rights claims, they threaten to immunize from legal accountability the current AI and robotics that is fuelling surveillance capitalism, accelerating environmental destruction, and entrenching injustice and human suffering.

Factors influencing the effectiveness of university records management in Indonesia: the PLS-SEM approach

ABSTRACT This study investigates the effectiveness of university records management programmes in Indonesia, focusing on the identification of key factors that influence their success. Recognizing the critical role of records in ensuring legal compliance, decision-making support, accountability, and historical preservation, the research utilizes a quantitative approach with Partial Least Squares Structural Equation Modeling (PLS-SEM) to analyse the data. The findings reveal that education and training, organizational culture, knowledge and skills, and motivation are significant positive predictors of effective records management. Conversely, the influence of professional associations was not statistically significant. These results underscore the importance of targeted educational initiatives and a supportive organizational culture in enhancing the management of university records.

Responsibility of commitment making officials in government procurement of goods/services

The implementation of good governance is the main prerequisite for carrying out state goals, especially in providing public welfare. In line with the large demands of society for the implementation of good governance, the government must provide quality public services. In this regard, development planning is needed that is systematic, directed, comprehensive, and responsive to the dynamics of community needs. In the government's efforts to provide public services, it is necessary to develop and implement a real legal accountability system for the implementation public services, so that the implementation of government and development can take place in an efficient, clean and accountable manner. The responsibility of Commitment Making Officials in the procurement of government goods/services consists of administrative responsibility and criminal responsibility. Administrative responsibility occurs if an administrative violation occurs, and will be subject to administrative sanctions. Meanwhile, criminal liability means the possibility that a criminal act has occurred and can be subject to criminal sanctions. However, this responsibility can also be imposed on other officials involved in the procurement of goods/services, such as Budget Users, Budget User Proxies, Procurement Officials/Election Working Group, as long as their involvement in the criminal act can be proven.

Seeking victim-centred accountability for violence against persons with disabilities at the United Nations Independent International Commission of Inquiry for Ukraine

Abstract Persons with disabilities suffer disproportionately in every armed conflict, and Russia’s war in Ukraine is no exception. The atrocities committed against persons with disabilities in this conflict, however, are in part a consequence of the state’s longstanding policy of institutionalization, which heightens existing vulnerabilities and places persons with disabilities at an unacceptable risk of acute harm. The Independent International Commission of Inquiry for Ukraine must investigate the extensive and varied acts of violence that have been committed against persons with disabilities in Ukraine since the beginning of the Russian invasion, with a focus on persons with disabilities who are institutionalized. In recommending future action, the Commission must be driven by a victim-centred approach to accountability that contributes both to the criminal prosecutions of individual perpetrators, and to systemic reforms that contribute to the project of deinstitutionalization. This article can assist the Commission’s analysis by: (i) canvassing the reports of violence against persons with disabilities during the war in Ukraine, particularly those persons in institutions; (ii) reviewing the Commission for Ukraine’s mandate and explaining its primary purpose – that is, to ascertain the facts of the conflict, through an intersectional lens, with the aim of promoting accountability – with reference to the work done by United Nations commissions of inquiry in the past; and (iii) providing concrete examples on how the Commission’s investigations and report can further both legal accountability and systemic accountability for violence against persons with disabilities in Ukraine.

Pertanggungjawaban Hukum Terhadap Perbuatan Melawan Hukum Dalam Tragedi Kanjuruhan Berdasarkan Kitab Undang-Undang Hukum Perdata

this study aims to find out about how the legal liability of football competition organizers in the case of unlawful acts in the tragedy of Kanjuruhan Malang in 2022 based on the Civil Code. The method used in this study is normative with legislation and case approach. Legal materials are collected through library studies, then analyzed prescriptively. The results of the study show that the Kanjuruhan tragedy at the Kanjuruhan Stadium in Malang in 2022 has brought losses to many victims so that there is a need for a form of legal accountability regarding unlawful acts committed by the defendant. For this reason, in civil law, the form of liability is in the form of compensation for damages in unlawful acts under Articles 1365, 1367, 1370 and 1371 of the Civil Code committed by the defendant to the victim.

Political vigilantism in Ghana: Motives, membership, and financing

AbstractThis comprehensive study of political vigilantism in Ghana examines the motives, membership, and financing of the phenomenon and proffers solutions to combat it. We use a qualitative methodology of personal interviews with a broad section of Ghanaian political stakeholders totaling 50 participants. This included 30 political vigilante members equally affiliated with the New Patriotic Party and the National Democratic Congress and selected from the vigilante hotbeds of the Northern, Upper East, and Ashanti regions of Ghana. The other political stakeholders total 20 and are made up of: five public political party executives, five civil society members, five police officers, and five local district assembly members. The motives include institutional weakness, winning political power, and economic and group solidarity. Membership involves family and friends, former security personnel, party members, and unemployed youth. Financing emanates from political parties, politicians, and the business class. We argue that patron–clientelism is the driving force behind political vigilantism and recommend more legal accountability for patrons, particularly through constitutional amendments guaranteeing a fixed term for the head of the police and separating the roles of Attorney General and Minister of Justice. This is to ensure that the former can impartially prosecute vigilante patrons. Punitive financial measures are also recommended to deter patrons, backed by sustained public education and more employment opportunities for the masses of unemployed youth—the bedrock of political vigilantism.Related ArticlesAkwei, Cynthia, Isaac S. Damoah, and Joseph Amankwah‐Amoah. 2020. “The Effects of Politics on the Implementation of Government Programs/Projects: Insights from a Developing Economy.” Politics & Policy 48(6): 1161–201. https://doi.org/10.1111/polp.12384.Asiegbu, Martin F., Okey Marcellus Ikeanyibe, Pius Otu Abang, Okwudili Chukwuma Nwosu, and Chuka Eugene Ugwu. 2024. “Natural Resource Fund Governance and the Institutionalization of Rent Seeking in Nigeria's Oil Sector.” Politics & Policy 52(1): Early View. https://doi.org/10.1111/polp.12579.Debrah, Emmanuel. 2016. “Decentralization, District Chief Executives, and District Assemblies in Ghana's Fourth Republic.” Politics & Policy 44 (1): 135–64. https://doi.org/10.1111/polp.12146.

Holding the Taliban Accountable for Gender Persecution: The Search for New Accountability Paradigms under International Human Rights Law, International Criminal Law and Women, Peace, and Security

Abstract In this paper, I will examine the legal standards of gender persecution and the evolving descriptor gender apartheid as a way to describe the status of women in Afghanistan. The paper also examines other complementary forms of legal accountability procedures to vindicate Afghan women’s rights and hold perpetrators accountable under crimes against humanity. Although the current locus of the paper is focused on Afghan women, it has larger implications for all other crimes of gender persecution.

A grounded theory of the implementation of medical orders by clinical nurses

ObjectiveTo explore the process of implementing medical orders by clinical nurses, and identify specific areas of concern in the implementation process, and uncover strategies to address these concerns.BackgroundThe implementation of medical orders is a crucial responsibility for clinical nurses, as they bear legal accountability for the precise implementation of directives issued by medical practitioners. The accurate implementation of these orders not only shapes the quality and safety of healthcare services but also presents numerous challenges that demand careful consideration.MethodThis study employed a qualitative design using a grounded theory approach to construct a comprehensive theoretical framework grounded in the insights and experiences of nurses operating within the hospital settings of Iran. The study encompassed 20 participants, comprising 16 clinical nurses, two nurse managers, and two specialist doctors working in hospital settings. The selection process involved purposeful and theoretical sampling methods to ensure diverse perspectives. Data collection unfolded through in-depth, individual, semi-structured interviews, persisting until data saturation was achieved. The analytical framework proposed by Corbin and Strauss (2015) guided the process, leading to the development of a coherent theory encapsulating the essence of the study phenomenon.FindingsThe primary finding of the study underscores the significance of ‘legal threat and job prestige’ highlighting diverse repercussions in case of errors in the implementation of medical orders. At the core of the investigation, the central variable and the theory of the study was the ‘selective and tasteful implementation of orders to avoid legal and organizational accountability.’ This indicated a set of strategies employed by the nurses in the implementation of medical orders, encapsulated through three fundamental concepts: ‘accuracy in controlling medical orders,’ ‘untruth documentation,’ and ‘concealment of events. The formidable influence of legal threats and job prestige was further compounded by factors such as heavy workloads, the doctor’s non-compliance with legal instructions for giving verbal orders, the addition of orders by the doctor without informing nurses, and pressure by nursing managers to complete documentation. The resultant psychological distress experienced by nurses not only jeopardized patient safety but also underscored the intricate interplay between legal implications and professional standing within the healthcare framework.ConclusionAlleviating staff shortages, enhancing the professional rapport between doctors and nurses, offering legal support to nursing staff, implementing measures such as recording departmental phone conversations to deter the non-acceptance of verbal orders, fostering an organizational culture that embraces nurse fallibility and encourages improvement, and upgrading equipment can ameliorate nurses’ apprehensions and contribute to the safe implementation of medical orders.

Unethical Behaviors: What Supervisors Need to Know

Unethical behaviors by supervisors in the workplace not only jeopardize the reputation of the affected organization but also have devastating effects on these organizations' ability to provide quality services to their customers and other stakeholders. This paper investigates unethical behavior in the workplace done by the supervisors, examining its impact, severity levels, and the actions taken to address such misbehavior. Data were collected from 69 employees of both public and private institutions using descriptive procedures. The results exposed a range of unethical behaviors perpetrated by supervisors. Supervisors that demonstrated unethical behavior included mistrust, disdain for rules and regulations, indecisiveness, making warranted demands, giving out too many tasks, not listening, and not owning up to mistakes. It has also been discovered that these unethical behaviors hinder professional growth and development, reduce productivity, strain relationships, lower performance, increase employee turnover, and pose risks of legal accountability. Moreover, undesirable behavior in the workplace is more common than what other participants think. Some employees try to correct those encountered undesirable behaviors on their own accord while others choose to ignore the issue. These actions taken by employees show that maintaining healthy work environment is their consideration and priority when at work. Such actions also show concern to the health of the organization.

Extrajudicial Dispute Resolution in Handling Environmental Cases in Indonesia (Case Study: River Water Pollution by PT Sugar Labinta in South Lampung)

This paper examines extrajudicial dispute resolution mechanisms utilized in addressing environmental cases in Indonesia, with a focus on a specific case involving the alleged pollution of river water by PT Sugar Labinta in South Lampung. It delves into the legal frameworks, stakeholder engagement processes, and outcomes of extrajudicial dispute resolution efforts in environmental matters. Drawing on a case study approach, the paper analyzes the effectiveness and challenges of extrajudicial mechanisms in resolving environmental disputes, particularly in cases of alleged pollution by industrial entities. It explores the roles of various stakeholders, including government agencies, industry representatives, affected communities, and non-governmental organizations, in the resolution process. Furthermore, the paper evaluates the implications of extrajudicial dispute resolution on environmental protection, legal accountability, and community rights. It examines the extent to which such mechanisms contribute to the realization of environmental justice, sustainable development, and corporate responsibility in Indonesia. In conclusion, the paper offers insights into the strengths and limitations of extrajudicial dispute resolution in handling environmental cases, using the PT Sugar Labinta case as a lens. It suggests recommendations for improving the effectiveness and fairness of extrajudicial mechanisms, enhancing transparency, accountability, and community participation in environmental decision-making processes.

Legal Accountability and Ethical Considerations for Outcomes Driven by Artificial Intelligence in Business Operations

This paper critically examines the integration of Artificial Intelligence (AI) into business operations, focusing on the challenges of legal accountability and ethical considerations. It first traces the development of AI and its transformative impact on commerce, providing a basis for examining the key ethical and responsibility challenges. The paper presents research findings that highlight the complexity of assigning responsibility for AI-generated outcomes and discusses the different approaches in national and international legal frameworks for AI. It emphasizes the need for clear legal structures and ethical guidelines to govern the role of AI in business and society. The paper concludes by highlighting the importance of harmonized global frameworks to ensure the responsible integration of AI, addressing both theoretical and policy implications. The findings point to a significant shift in legal trends and societal impacts due to AI and emphasize the urgent need for ethical deployment to prevent the reinforcement of societal biases.