Enforcement Mechanisms Research Articles

Criminal liability of public transportation companies for traffic accidents caused by vehicle unfitness

This study investigates corporate criminal liability in public transportation accidents caused by vehicle unfitness, a pressing issue in Indonesia’s road safety framework. While Law Number 22 of 2009 on Road Traffic and Transportation (UU LLAJ) aims to promote safety, it predominantly emphasizes driver accountability, leaving corporate negligence largely unaddressed. The research aims to analyze the gaps in the legal framework and propose reforms to ensure corporations are held accountable for their roles in maintaining vehicle roadworthiness. Using a normative legal research design, this study integrates statutory analysis, case law review, and conceptual exploration to examine corporate liability frameworks. Legal theories such as vicarious liability, identification theory, and delegation theory are utilized to conceptualize corporate accountability. Case studies and international legal comparisons provide insights into enforcement challenges and best practices. The findings reveal significant deficiencies in UU LLAJ, including ambiguous provisions and weak enforcement mechanisms, leading to systemic non-compliance. Proposed reforms include stricter penalties for corporate negligence, enhanced vehicle inspection protocols, and expanded legal provisions targeting corporate accountability. This study contributes to the discourse on corporate liability by bridging theoretical principles with practical enforcement in Indonesia’s transportation sector. Its implications extend to policy reforms, road safety improvements, and fostering a culture of accountability within the industry.

The rise of native advertising. Perspectives, challenges and regulations

In the last decade, following a massive decline in online advertising credibility and trust, Native advertising has emerged as a prominent digital marketing strategy, seamlessly integrating promotional paid content within editorial and organic context across all existing social media and communication platforms. While native advertising offers brands an effective and distinctive means to engage with audiences, it also raises at the same time, critical concerns regarding regulatory overseeing, disclosure and transparency. In recent years, regulatory bodies like FTC (Federal Trade Commission), have coped with the challenge of enforcing guidelines to distinguish native ads from editorial content clearly, to secure application of standardized advertising rules but also to protect all customers including vulnerable groups and children. Despite regulatory bodies’ efforts to establish transparency standards, native advertising often blurs the line between paid promotional and editorial content, leading to instances of consumer deception and distrust. This paper firstly investigates the diverse forms of native advertising to clarify its unique influence, exploring its evolution from product placements and branded content to immersive experiences like sponsored social media posts and influencer collaborations. Secondly, this paper examines the failure of regulations to keep pace with the evolving landscape of digital marketing, highlighting instances where ambiguous disclosure practices have compromised consumer autonomy and integrity. Thirdly, it provides a solid baseline for furthering the current understanding, dynamic and regulations of Native advertising for all concerned stakeholders: Industry, Regulators and Researchers. The researh method is based on meta-analysis of key academic and practitioner sources and data, perspectives, highlighting the evolution, effectiveness, challenges, and regulatory concerns associated with native advertising with predefined key words search and clearly defined inclusion and exclusion criteria. The publication bias is also considered, minding that the native advertising forms are rather difficult to identify. Using the previously identified key words: Native advertising, digital advertising, social media advertising, promotional content, 19 research papers are identified and consulted, out of which 7 are selected as relevant for the literature review and the meta-analyses of this study. The selection criateria are: 1) peer-reviewed studies; 2) publication date (not later then year 2015); 3) Heterogeneity Tolerance: Studies with extreme heterogeneity may be excluded unless subgroup analyses are planned; and 4) Adequate Data: Studies must provide sufficient quantitative data for inclusion. Through an analysis of regulatory shortcomings and case studies of native advertising campaigns, this paper sheds light on the existing forms of Native advertising, followed by the need for more robust enforcement mechanisms and industry-wide standards for the benefit of all involved parties. Ultimately, achieving a balance between promotional objectives and ethical transparency is imperative for the sustainable evolution of native advertising in the digital era.

Language Rights and the Law: A Global Perspective

This paper investigates the intricate relationship between language rights and legal frameworks across the globe, delving into the historical evolution, international legal instruments, and national implementations of language laws. It highlights the pivotal role of language rights in safeguarding cultural identity and promoting social justice, particularly for marginalized communities. By examining close to 200 jurisdictions and their constitutional and legislative approaches, this work underscores the challenges faced in protecting linguistic diversity amid the pressures of globalization and state sovereignty. The analysis includes a critique of existing laws and their enforcement mechanisms, offering insights into future directions, such as integrating mixed methodologies and amplifying the voices of minority language speakers. This study serves as a critical resource for understanding how language laws can empower communities while addressing ongoing inequalities. Keywords: Language Rights, Human Rights, Linguistic Diversity, International Law, National Implementation, Minority Languages

Green grabbing and neofeudalism governance in ecotourism destinations: an insight from Iran

ABSTRACT This study explores the phenomenon of green grabbing within the context of neofeudal governance in ecotourism destinations, focusing on Iran. Green grabbing refers to appropriating public natural lands by private beneficiaries or entities closely associated with those in power. Utilizing qualitative research methods, interviews were conducted with environmentalists, ecotourism experts, and local authorities to understand the dynamics and impacts of green grabbing on local communities and natural resources. The findings reveal that the lack of transparent policies and enforcement mechanisms enables green grabbing, leading to the displacement of local communities, restrictions on access to lands, and the emergence of a privileged elite class. This neofeudal system exacerbates social inequality, marginalizes the majority, and fosters socio-environmental conflicts. This study highlights the importance of strong legislative and ethical measures to protect the rights of marginalized groups and promote equitable and sustainable ecotourism development.

Political Parties Hair the Democracy of 52 Former Constitutions for the 2024 Election of the DPR RI

Objectives: This research investigates the restrictions on the political rights of former convicts to become legislative candidates for the 2024 General Election. It aims to identify the root causes behind the legal and democratic challenges related to this issue. Theoretical Framework: The study draws on democratic and constitutional law theories, emphasizing the balance between safeguarding individual rights and preserving the integrity of democratic institutions. It also considers legislative theories to evaluate the implications of allowing former convicts to run for public office. Method: Using a qualitative research approach, this study analyzes secondary data, including laws, regulations, and relevant theories. It focuses on examining the legal and political context surrounding the political rights of former convicts, particularly in the 2024 elections. Results and Discussion: The findings reveal that former convicts are allowed to participate in the 2024 elections under specific conditions, raising concerns about democratic integrity and the monitoring of the nomination process. The inclusion of 52 former convicts as candidates highlights tensions between their constitutional rights and public expectations of political transparency. The study underscores the need for legal reform and clearer regulatory frameworks. Research Implications: This research suggests the necessity of stronger oversight and regulation to ensure transparency in the nomination of former convicts, with clearer enforcement mechanisms to uphold democratic standards. Originality/Value: The study contributes to debates on electoral democracy, providing insight into the balance between individual political rights and the principles of democracy in Indonesia's electoral system.

The Legislative Adjustment of Chinese Enforcement Regulation of the International Commercial Settlement Agreement in the context of the Singapore mediation convention

Abstract The United Nations Convention on International Settlement Agreements Resulting from Mediation has established an external legal framework for the cross-border enforcement of international commercial mediation settlement agreements. By virtue of the two-aspect institutional design, this Convention has constructed a modern mechanism for the direct enforcement of international commercial mediated settlement agreements. As one of the first signatories, China does not yet have the specific mediation legislation to conform to the Convention and cannot channel the Singapore Convention. This article discussed the dilemma of the ratification of the Singapore Convention in China from a comparative perspective and argues that China should adjust its mediation regulation by reducing the requirement of application for enforcement and limiting the judicial supervision to establish a direct enforcement mechanism following the potential international obligation under the Singapore Convention and further refine the macro mediation system.

A Review of the Effectiveness of the Sierra Leone Mining Policies in Sustainable Environmental Management

The mining industry is a key driver of revenue in Sierra Leone and plays a crucial role in the country’s economy. However, its environmental impacts have become one of the most significant challenges facing the nation. This study assesses the effectiveness of mining policies in Sierra Leone in promoting sustainable environmental management. While legal frameworks such as the Mines and Minerals Act of 2009 and the Environmental Protection Act of 2008 have been established, enforcement remains a major challenge, contributing to ongoing environmental degradation and social conflicts. The study identifies key gaps in policy implementation, including limitations in institutional capacity, financial resources, and community engagement. Comparisons are made with mining policies in countries like Ghana, Australia, and South Africa, highlighting the importance of effective environmental regulation and robust enforcement mechanisms. The study concludes with recommendations for improving the governance framework, enhancing the capacity of regulatory agencies, and fostering greater community participation to support sustainable development in Sierra Leone’s mining sector.

Survey of Artificial Intelligence Model Marketplace

The rapid advancement and widespread adoption of artificial intelligence (AI) across diverse industries, including healthcare, finance, manufacturing, and retail, underscore the transformative potential of AI technologies. This necessitates the development of viable AI model marketplaces that facilitate the development, trading, and sharing of AI models across the pervasive industrial domains to harness and streamline their daily activities. These marketplaces act as centralized hubs, enabling stakeholders such as developers, data owners, brokers, and buyers to collaborate and exchange resources seamlessly. However, existing AI marketplaces often fail to address the demands of modern and next-generation application domains. Limitations in pricing models, standardization, and transparency hinder their efficiency, leading to a lack of scalability and user adoption. This paper aims to target researchers, industry professionals, and policymakers involved in AI development and deployment, providing actionable insights for designing robust, secure, and transparent AI marketplaces. By examining the evolving landscape of AI marketplaces, this paper identifies critical gaps in current practices, such as inadequate pricing schemes, insufficient standardization, and fragmented policy enforcement mechanisms. It further explores the AI model life-cycle, highlighting pricing, trading, tracking, security, and compliance challenges. This detailed analysis is intended for an audience with a foundational understanding of AI systems, marketplaces, and their operational ecosystems. The findings aim to inform stakeholders about the pressing need for innovation and customization in AI marketplaces while emphasizing the importance of balancing efficiency, security, and trust. This paper serves as a blueprint for the development of next-generation AI marketplaces that meet the demands of both current and future application domains, ensuring sustainable growth and widespread adoption.

The Impact of Cloud Technology and Integration Solutions on Public Sector Regulatory Systems

The integration of cloud technology and advanced digital solutions has revolutionized public sector regulatory systems, transforming traditional paper-based processes into efficient, automated operations. This transformation encompasses comprehensive frameworks for compliance monitoring, enforcement mechanisms, and public service delivery. The implementation of sophisticated API architectures and real-time monitoring capabilities has enhanced system interconnectivity while ensuring robust security protocols. The adoption of cloud-based platforms has significantly improved citizen engagement through intuitive interfaces and streamlined application processes. Integration challenges, including data sovereignty and legacy system compatibility, have been addressed through structured migration strategies and enhanced security frameworks. Looking ahead, emerging technologies such as artificial intelligence, machine learning, and Internet of Things are shaping the future of regulatory management, enabling predictive compliance monitoring and automated enforcement actions while maintaining transparency and accountability in public sector operations.

Control and Regulation of Human Trafficking in Nigeria: A Legal Framework Analysis

Human trafficking is a pervasive and complex issue affecting millions worldwide. Despite international efforts to combat trafficking, the scourge persists, necessitating a critical examination of the existing legal framework as it relates to Nigeria. This article undertakes a study of Nigeria's legal framework and the various measures adopted by the Nigerian government to curb the menace of human trafficking, with a view to identifying best practices and areas for improvement. This article employs the analytical approach to Nigeria's Trafficking in Persons (Prohibition) Enforcement and Administration Act 2015. The article examines the definition of trafficking, the prosecution and punishment of offenders, the protection of victims, and prevention strategies employed by the Nigerian government. The findings reveal that while Nigeria has made significant strides in combating human trafficking, there are still gaps to be filled with respect to penalties for offenders. Nigeria's legislation, although well-intentioned, is often criticized for its limited scope and inadequate enforcement mechanisms. This article contributes to the existing literature on human trafficking by providing a nuanced understanding of the control measures employed in Nigeria. The article highlights the need for a more coordinated and effective approach to combating human trafficking, emphasizing the importance of international cooperation, capacity building, and community engagement. Ultimately, this article aims to inform policy and legislative reforms, promoting a more robust response to the scourge of human trafficking

Regulating Ethics in Parliaments: Measuring Regime Robustness

Ethics regulation in parliaments has grown significantly over the last decades, as a result of political scandals, public outcry, and policy diffusion promoted by international organizations. Ethics regulatory regimes vary according to the focus of the norms (compliance vs. integrity or transparency vs. sanctions) and according to the degree of externalization of oversight and enforcement mechanisms (external to parliament, internal, or mixed). The mere existence of regulation says little about how strong these regimes are. Drawing on original data collected through an institutional checklist of 21 indicators, we develop an Ethics Regulation Robustness Index to measure the scope of norms, the strictness of sanctions, and the powers granted to oversight and enforcement bodies in 17 European parliaments. Our findings suggest that the externality of the oversight and enforcement is not a good predictor of the robustness of the ethics regulations.

Advancing Equality: A Comparative Analysis of Employment Rights for Disabled Individuals in Malaysia and Japan

This article provides a comparative legal analysis of employment rights for people with disabilities in Malaysia and Japan, focusing on the strengths and limitations of the legal frameworks in both countries. The study critically examines Malaysia’s Persons with Disabilities Act 2008 and Japan’s Law for Employment Promotion of Persons with Disabilities, highlighting the effectiveness of each in protecting the employment rights of individuals with disabilities. The analysis reveals that while Malaysia’s legal framework aligns with international standards, enforcement and awareness remain inadequate. Japan’s model, which includes a mandatory quota system and punitive measures, offers a more robust framework for ensuring the employment of disabled individuals. The research emphasises the need for Malaysia to introduce stricter enforcement mechanisms, greater societal awareness, and possible amendments to the Persons with Disabilities Act to enhance the protection of employment rights. Interviews with experts and individuals from the disabled community underscore the persistent discrimination and challenges faced in the workplace, reinforcing the need for reform and policy enhancements to achieve equal opportunities for people with disabilities.

Environmental Law and Policy in BRICS Countries: Legal Analyses of Sustainable Development Goals and Enforcement Strategies’ ’Human Rights in BRICS: A Comparative Approach to International Standards and Domestic Legal Systems

This paper examines the legal frameworks and enforcement strategies related to environmental governance and human rights in BRICS countries-Brazil, Russia, India, China, and South Africa. Through normative analysis, the study explores the alignment of national laws with Sustainable Development Goals (SDGs) and international human rights standards. The findings reveal significant variations in legislative approaches and enforcement mechanisms across BRICS nations, influenced by socio-economic priorities and institutional capacities. The analysis highlights the challenges of balancing economic growth with sustainability and social equity while identifying best practices and opportunities for regional collaboration. This study contributes to the discourse on sustainable development by emphasizing the need for integrated legal approaches to environmental governance and human rights protection in BRICS countries.

Intellectual Property Rights in BRICS Countries: Legal Frameworks, Enforcement Challenges, and Economic Implications

This study explores the legal frameworks, enforcement challenges, and economic implications of Intellectual Property Rights (IPR) in BRICS countries—Brazil, Russia, India, China, and South Africa—using a normative juridical approach and qualitative analysis. The findings reveal significant disparities in the governance of IPR among these nations, with China and India leading in innovation and enforcement reforms, while Brazil, Russia, and South Africa face persistent challenges related to institutional capacity and judicial delays. Despite progress in aligning with international standards such as TRIPS, enforcement gaps and socio-economic priorities influence the effectiveness of IPR systems. The study also highlights the dual economic impact of IPR: fostering innovation and investment while raising concerns over access to essential goods. This research underscores the need for harmonized frameworks, enhanced enforcement mechanisms, and a balanced approach to innovation and equity in BRICS countries.

STRENGTHENING INTELLECTUAL PROPERTY PROTECTION IN THE EU: IT LAW AND ITS IMPACT ON THE COMPUTER GAMES INDUSTRY

The exponential growth of digital entertainment and rapid technological advancements have elevated intellectual property (IP) protection as a cornerstone of innovation and economic development within the European Union (EU). The computer games industry exemplifies this dynamic, blending creativity, technology, and commerce. However, challenges such as piracy, copyright infringement, and cross-border enforcement necessitate robust IP frameworks to sustain growth and innovation. This study aims to analyze the role of IP protection in the EU, particularly within IT law, and its implications for the computer games industry. The objectives include evaluating current legal frameworks, identifying key challenges such as piracy and enforcement, exploring the role of emerging technologies like blockchain and AI, and proposing actionable strategies to strengthen IP protection and foster innovation. The study employs a comprehensive review of academic articles, legal texts, industry reports, and historical cases of IP disputes. A legal analysis of EU directives, regulations, and case law was conducted to assess their application in the gaming industry. This methodology provides a holistic understanding of the intersection between IP protection, IT law, and the computer games sector. Findings highlight the harmonization of national IP laws across EU member states through directives like the Copyright Directive (2001/29/EC), Digital Single Market Directive (2019/790), and GDPR. Challenges include inconsistencies in enforcement, piracy, and the complexities of emerging technologies such as AI and blockchain. The study identifies significant economic impacts, including vulnerabilities faced by small and medium-sized enterprises (SMEs) and the need for harmonized enforcement mechanisms. Future research should explore the ethical implications of IP enforcement, the scalability of blockchain for copyright management, and the integration of AI in real-time infringement detection. Expanding the focus to global collaborative mechanisms and cross-industry applications of emerging technologies will enhance understanding and policy development.

Are Sharia-Labeled Hotels Truly Sharia?

The implementation of Sharia principles in the hospitality industry is crucial to meet the growing demand for halal tourism. This study examines the extent to which a Sharia-labelled hotel in Pacitan, Indonesia, applies the guidelines outlined in the DSN-MUI Fatwa No. 108/DSN-MUI/X/2016, focusing on the product, service, and management aspects. Through a qualitative field research approach involving in-depth interviews, participatory observation, and documentation analysis, the study reveals significant gaps between the hotel's Sharia-compliant branding and its actual practices. Notable deficiencies were found in the provision of prayer facilities, cleanliness standards, halal certifications for food and beverages, and adherence to Islamic financial principles. The absence of standard operating procedures to regulate guest behavior and ensure staff compliance with Sharia dress codes further highlights the challenges in aligning operations with Islamic guidelines. These findings underscore the need for a multifaceted approach to address discrepancies, including prioritizing the establishment of essential facilities, comprehensive staff training, and the development of clear operational procedures. At the policy level, this study emphasizes the importance of government support through financial incentives, capacity-building programs, and stricter enforcement mechanisms to ensure consistency and transparency in the use of Sharia-compliant labels. By bridging the gap between branding and practice, Sharia-compliant hotels can enhance their credibility and contribute to sustainable growth of halal tourism in Indonesia.

REDRESSING THE CHALLENGES OF UNSUSTAINABLE UTILIZATION OF FORESTRY RESOURCES IN NIGERIA

Introduction: The unsustainable utilization of forest resources in Nigeria has led to deforestation, biodiversity loss. And climate change impacts, posing sustainability and socio-economic implications, and propose strategic interventions for sustainable forest management. Utilizing theoretical frameworks in ecological economics and sustainable development, the research explores the complex dynamics between forest resources exploitation and environmental degradation. The findings highlight the need for a multi-stakeholder approach, incorporating policy reforms, community-based resources management, and the promotion of alternative livelihoods to ensure sustainable forest utilization. This study contributes to the body of knowledge on forest resource management in developing economies and offers actionable insights for policymakers and stakeholders. Purpose: The primary aim of this study is to address the challenges of unsustainable forest resource utilization in Nigeria by identifying root causes, evaluating impacts, and proposing sustainable strategies to mitigate environmental and socio-economic consequences. Method: The study employs a mixed-methods approach by adopting the doctrinal method on the sources of the law, the interpretation and analysing of relevant statutes, conventions and regulations by way of a critique of existing legal material on the subject of forest resources utilization and development. And assessment of existing forest management policies and their effectiveness in addressing sustainability goals. Implications of Research; The study underscores the importance of adopting holistic, inclusive, and adaptive strategies to address forest resource challenges in Nigeria. Key policy implications include: Strengthening enforcement mechanisms forest conservation laws. Promoting community-based forest management practices. Facilitating alternative livelihoods to reduce dependency on forest exploitation. Encouraging afforestation and reforestation programs to restore degraded ecosystems. Originality/Value: This research provides a novel perspective by integrating ecological economics and sustainability frameworks to analyze forest management challenges in Nigeria. It offers practical and actionable solutions tailored to the unique socio-economic and ecological context of the country. By engaging diverse stakeholders, it ensures that the proposed strategies are inclusive and realistic, enhancing their potential for successful implementation. Conclusion: Unsustainable forest resource utilization in Nigeria poses a significant threat to environmental socio-economic sustainability. This study highlights the critical need for holistic, multi-stakeholders approaches to address the drivers of deforestation and promote sustainable practices. By leveraging community participation, policy reforms, and capacity building, Nigeria can achieve a balance between forest conservation and socio-economic development, ensuring a sustainable future for its forest and communities.

Особенности квалификации преступлений, совершаемых в сфере интеллектуальной собственности

In the era of active development of the Russian legal field and its adaptation to the constantly emerging challenges of our time, the issue of increasing the effectiveness of legislative and law enforcement mechanisms in the field of intellectual property protection is becoming very relevant. The regulatory framework of the Russian Federation already includes numerous measures to protect the results of intellectual work; nevertheless, the constant increase in the number of crimes affecting intellectual property rights indicates the urgent need for their further refinement and strengthening. In modern Russia, the field of intellectual property rights protection is often riddled with numerous gaps, which leads to significant economic losses. The study of the issues of qualification of crimes in the field of intellectual property acquires urgent importance due to the requirement to adapt legal norms to intensively evolving technologies and the evolution of the characteristics of criminal activity. The growth of incidents related to the misuse of intellectual property increases annually, which underlines the need for in-depth knowledge and innovative methods in conducting investigative actions by law enforcement agencies. It is critically important to ensure reliable protection of the intellectual property rights of authors and owners, which serves as an incentive for updating and detailing the norms of criminal and civil legislation. Such initiatives contribute not only to the prevention of crimes, but also ensure fair consideration of each specific case with the restoration of violated rights and interests. The purpose of the article is to analyze the legal aspects and problems related to the qualification of crimes in the field of intellectual property, as well as to propose ways to improve the criminal and civil legislation of Russia to improve the protection of copyright and related rights.

Mechanism of Law Enforcement against Violations of Reclamation Obligations by Mining Business License Holders

This study explores the effectiveness of regulations governing reclamation obligations by Mining Business License (IUP) and Special Mining Business License (IUPK) holders in the context of post-mining environmental restoration. Despite the existence of various regulations, there are still legal loopholes and overlapping regulations that hinder effective reclamation implementation. This research uses a normative juridical approach by analyzing existing legal norms, as well as a conceptual approach to explore legal concepts related to reclamation and corporate social responsibility. The results show that many companies do not fulfill their reclamation obligations due to weak law enforcement, lack of quantity and quality of supervision, and unclear regulations. In addition, community participation in the reclamation process is minimal. To address these issues, the study recommends a series of reforms, including increasing the number and quality of mine inspectors, implementing technology in supervision, and stricter and more consistent enforcement of legal sanctions. The development of realistic reclamation plans and community participation in the reclamation process are also a key focus. The study emphasizes the need for comprehensive reforms in regulations and law enforcement mechanisms to ensure IUP and IUPK holders' compliance with reclamation obligations, which in turn will support environmental restoration and the welfare of affected communities.

The Business Law in Contemporary Times: A Comparison of Indonesia, Vietnam, and Ghana

This study examines the intersection of justice within the framework of business law by analyzing its effectiveness and implementation in Indonesia, Vietnam, and Ghana three nations navigating the challenges of globalization. Justice is conceptualized through the lens of fairness, efficiency, and inclusivity in legal frameworks. By adopting a comparative normative legal research method, this study identifies the critical factors influencing business law implementation: regulatory quality, institutional capacity, political stability, and technological infrastructure. Findings reveal disparities in achieving justice due to corruption, bureaucratic inefficiencies, and weak enforcement mechanisms. While Indonesia grapples with regulatory overlap and decentralized governance challenges, Vietnam demonstrates progressive reforms but struggles with legal clarity. Ghana, despite leveraging political stability, faces significant limitations in infrastructure and enforcement. The study highlights the need for enhanced legal certainty, equitable stakeholder protections, and institutional reforms to align domestic business laws with global standards. Addressing these disparities can foster a more just and competitive business environment, ensuring fair treatment for all economic actors.