Normative Perspective Research Articles

PERTANGGUNG JAWABAN PELAKU BINARY OPTION TERHADAP HUKUM POSITIF DI INDONESIA

Binary Option Trading has become quite a topic of public discussion lately, because there are many influencers and advertisements scattered about the huge profits that can be obtained through Binary Option Trading, so many people are tempted to try to enter it without understanding what and how the Binary Option system is. alone. In addition, the legality of Binary Option Trading in Indonesia is still questionable. Regarding the types of commodities included in the subject of futures contracts, it is regulated in CoFTRA Regulation No. 3 of 2019 concerning Commodities, Binary Options are not included in the subject written in Article 1. This can indirectly mean that Binary Options are illegal. The most recent case is a binary option scheme which is defined as a gambling practice. Gambling activities are prohibited by Article 303 of the Criminal Code (KUHP), Law (UU) Number 7/1974, as well as Government Regulation Number 9/1981, and Law Number 11/2008 (UU ITE). So the question arises, is there an alternative civil law regulation for victims of binary options trading cases? What is the perpetrator's responsibility for binary options under the guise of online investment? In this study, the researcher uses normative legal research, namely research that is useful for finding and answering legal issues, the rule of law, legal principles or legal doctrines encountered from a normative perspective and to find out whether the rule of law is in accordance with legal norms. . This normative law research is used to solve the problem of the legal issues faced by only examining the legal norms. So from research with normative legal methods will produce appropriate prescriptions and should be according to law.

Nuremberg’s Enduring Legacy to International Justice

Abstract The historic Nuremberg trial represented a first step toward an adequate response by the international society to grave crimes under international law committed by individuals in position of governmental authority. This article discusses three particular ways in which the Nuremberg trial has advanced international justice. From a normative perspective, it has helped crystallise the principle of individual criminal responsibility for crimes under international law. Furthermore, the Nuremberg tribunal’s extraordinary jurisdiction paved the way for domestic and international courts’ jurisdiction over crimes under international law, while instigating the evolution of relevant law concerning immunity from jurisdiction. Finally, in associating international crimes with the maintenance of international peace and security, it allowed the UN system of collective security to consider situations involving the commission of those crimes as a threat to international peace and security, preventing impunity and promoting the efficacy of international humanitarian law.

A case‐study approach to mapping Corporate Citizenship

AbstractThis explores what responsible business practice within the context of Malaysia, an Eastern collective society, diverging from the Western individualistic society where most Corporate Social Responsibility (CSR) research originates. A bottom‐up approach was adopted, incorporating different stakeholder perspectives of a case‐study firm, widely acknowledged for its CSR programs. Concept mapping method was selected because it is a structural conceptualization method designed to organize and represent ideas from an identified group adding structure to disorganized and subjective ideas. By using concept mapping all the various perspectives and ideas were brought together to create a single conceptualization. The findings from the concept mapping present 101 statements which produced seven clusters; Products & Services, Community Oriented, Stakeholder & Business Value, Employee Oriented, Legal & Ethical Responsibilities, Environmental & Social Oriented, and Philanthropic Oriented. These clusters covered the whole conceptual domain of Corporate Citizenship and demonstrated multiple CSR theories, including corporate sustainability, stakeholder concept, and shared value, were apparent, while also uncovering some unique aspects from the normative stakeholder perspective. The implications of this study suggest that while some aspects of globally institutionalized CSR are generically accepted, there are contextually specific aspects which need to be considered as these may contradict or conflict with the “global” standards.

An Elicitation Study to Understand Black, Hispanic, and Male Older Adults' Willingness to Participate in Alzheimer's Disease-Focused Research Registries.

There is a lack of racial, ethnic, and sex diversity in recruitment research registries and Alzheimer's disease (AD) research studies and trials. Theory-based recruitment messages may provide an opportunity to increase study participant diversity in AD research studies and trials. To identify behavioral, normative, and control beliefs that are associated with joining an AD-focused recruitment registry among historically underrepresented groups. Using a Reasoned Action Approach, we conducted 60 semi-structured phone interviews in 2020 among White, Black, and Hispanic adults ages 49-79 years in Philadelphia, PA. Underlying beliefs were elicited for the target behavior of "signing up to be on a registry for brain health research studies in the next month." Percentages based on counts are reported for the overall sample and by race and ethnicity and sex. Participants were most concerned that if they were to sign up for a registry, they would be asked to participate in experimental studies. Advancing science to help others was a commonly reported positive belief about signing up. Participants' children and friends/neighbors were important from a normative perspective. Barriers to enrollment focused on logistical concerns and inconvenient sign-up processes, including using a computer. Results show generally few racial and ethnic or sex group differences. The elicited beliefs from underrepresented groups offer a basis for understanding the behavior of signing up for research registries. However, there were few differences between the groups. Implications for outreach and recruitment are discussed.

An analysis of the effect of social norms on payment of speeding fines

ABSTRACT Fines are the most common form of formal speed limit enforcement applied in jurisdictions across the world. From a deterrence perspective, fines deter speeding through high risk of detection and swift enforcement of financial penalties. Yet, evidence on factors associated with fine payment compliance is limited. In this study, we consider the extent to which elements of deterrence and social behavioural norms influence the dynamics of speeding fine payment. We merge lifetime driving and fine payment records from over 10,000 drivers who received a speeding infringement notice during a one-week period in 2017 across communities in Queensland, Australia with community level socio-demographic data. We combine these data with our indicator of community level fine payment norms; the proportion of residents with an outstanding fine debt and conduct survival analysis to estimate the impact of social norms on days taken to pay speeding fines after controlling for community wealth and driving history. We find that individuals living in communities where a greater proportion of residents have outstanding fine debt take longer to pay fines after controlling for community disadvantage and social disorganisation. Our findings support the social norms perspective that speeding fine compliance is enhanced by normative community behaviours.

The Normative Evaluation of Markets

Markets are institutions where social issues in management take place. Recent management scholarship has coined the expression of “moral markets” to designate market solutions to social issues, such as renewable energy and fair trade goods. But are “moral markets” really moral? What makes them moral? Are not all markets moral? Or are they all evil? Is the answer a categorical one, or do we use parameters to assess whether a market has gone from moral to immoral within a spectrum of morality? The purpose of this paper is the study of markets from a normative perspective. It aims to examine the notion of moral markets, what makes markets moral, and how to assess surrogacy markets —the practice of paying a woman to carry a child that is not biologically related to her—morally and legally. Commercial surrogacy is a booming industry that has emerged to provide solutions to societal challenges. But it is prohibited in the European Union and is illegal in many countries. Is it a moral, amoral, or immoral market?

For Goodness’ Sake: The Next Wave of CSR Research in an Impact-Oriented World

The business case for CSR is a dominant paradigm in management research which argues that organizations should pursue CSR to maximize profits. However, stakeholders increasingly demand managers consider the short- and long-term societal impact of their decisions, such that many stakeholders likely remain unsatisfied by CSR that is primarily oriented toward short-term financial goals. Given this, two dominant theoretical perspectives of CSR have emerged over time: (1) an instrumental perspective that reflects the traditional business case for CSR, and (2) a more normative injunctive perspective that argues organizations have a duty to move beyond financial goals by reducing harm and creating societal value. For this panel symposium we bring together esteemed scholars with expertise in CSR and corporate sustainability to debate whether, why or why not, and how researchers should re-conceptualize the business case for CSR by comparing, contrasting, and reconciling the instrumental and injunctive perspectives of CSR. The panel will (1) offer a current perspective on the state of the business case for CSR, its importance, and its shortcomings; (2) debate the extent to which researchers should seek to re-conceptualize the business case for CSR; and, finally, (3) propose a launching point for future research on the topic. We thereby seek to chart a path forward for researchers interested in CSR at a time when increasingly impact-oriented stakeholder demands blur the line between instrumental and injunctive perspectives of CSR.

Moral Repair: Towards a Two-Level Conceptualization (WITHDRAWN)

Moral repair is an important way for firms to heal moral relationships with stakeholders and restore their legitimacy following a transgression. The concept is rooted in recognition theory, which is often used to develop normative perspectives, but recognition theory can also be used to develop a view of moral repair as premised on negotiation between offender and victim(s), which involves social construction of the transgression and the appropriate amends. From this perspective, the practice of moral repair is inherently problematic, especially towards multiple victims. Moral repair’s paradoxical conceptualization leads to unclarity regarding the extent of its normativity, which begs the question how offending firms should approach moral repair. Addressing this question, we refine its conceptualization, distinguishing between procedural and substantive levels of practice. Procedural moral repair reflects normative thinking, because firms can work to maximize the likelihood of success of their exchanges with victims, while substantive moral repair evinces socio-constructivism, since the appeal of amends depends on victim interpretation. Our two-level approach to moral repair promotes conceptual clarity, contributes to a more systematic “roadmap” for firms engaging in moral repair, and paves the way for more integrative analysis of the relationship between the making of amends and moral outcomes.

The role of (in)congruence modes between supervisor prescriptive and descriptive norms on employee green behavior

Integrating the social norm perspective and regulatory focus theory, this research expands the current understanding of how and why (in)congruence modes between supervisor prescriptive and descriptive norms shape voluntary and required employee green behaviors (EGBs) through a regulatory focus process. It tests a proposed model with two independent studies: an experiment manipulating both supervisor prescriptive and descriptive norms of EGB (US tourism and hospitality employees in Study 1) and a field survey study measuring both supervisor-reported prescriptive and descriptive norms of EGB (Chinese hospitality employees in Study 2). Results reveal that the congruence/incongruence between supervisor prescriptive and descriptive norms of EGB has a positive relationship on voluntary/required EGB through employee promotion/prevention focus of EGB, respectively. This research provides more nuanced understandings into the psychological mechanism that explains how the self-regulatory focus of EGB mediates the interactive influences of supervisor prescriptive and descriptive norms of EGB on voluntary and required EGBs.

Complexity and evidence in health sector decision-making: lessons from tuberculosis infection prevention in South Africa.

To better understand and plan health systems featuring multiple levels and complex causal elements, there have been increasing attempts to incorporate tools arising from complexity science to inform decisions. The utilization of new planning approaches can have important implications for the types of evidence that inform health policymaking and the mechanisms through which they do so. This paper presents an empirical analysis of the application of one such tool—system dynamics modelling (SDM)—within a tuberculosis control programme in South Africa in order to explore how SDM was utilized, and to reflect on the implications for evidence-informed health policymaking. We observed group model building workshops that served to develop the SDM process and undertook 19 qualitative interviews with policymakers and practitioners who partook in these workshops. We analysed the relationship between the SDM process and the use of evidence for policymaking through four conceptual perspectives: (1) a rationalist knowledge-translation view that considers how previously-generated research can be taken up into policy; (2) a programmatic approach that considers existing goals and tasks of decision-makers, and how evidence might address them; (3) a social constructivist lens exploring how the process of using an evidentiary planning tool like SDM can shape the understanding of problems and their solutions; and (4) a normative perspective that recognizes that stakeholders may have different priorities, and thus considers which groups are included and represented in the process. Each perspective can provide useful insights into the SDM process and the political nature of evidence use. In particular, SDM can provide technical information to solve problems, potentially leave out other concerns and influence how problems are conceptualized by formalizing the boundaries of the policy problem and delineating particular solution sets. Undertaking the process further involves choices on stakeholder inclusion affecting whose interests may be served as evidence to inform decisions.

Money laundering in corruption cases in Indonesia

PurposeIn the case of money laundering (ML) originating from the predicate crime of corruption, law enforcers find it difficult to prove all or the existence of a predicate crime on assets that produce assets. This paper aims to analyze ML in corruption cases in Indonesia.Design/methodology/approachThis research uses qualitative descriptive methods. This research discusses the law enforcement of corruption which coincides with the crime of ML.FindingsNew findings were discovered where against the corruption case which was carried out concurrently with the crime of money laundering, the value of which was Rp. 1bn and above and has been handled by investigators from the Corruption Eradication Commission (KPK), so the prosecution process is carried out by the public prosecutor from the KPK to continue the trial to the Corruption Court. With respect to cases of criminal acts of corruption, which were carried out concurrently with ML crimes, the value of which was Rp. 1bn and below and had been handled by the prosecutor’s investigators from the start, the prosecution process was carried out by the public prosecutor from the prosecutor’s office to continue the trial to the corruption court.Originality/valueTo the best of the authors’ knowledge, this is the first study to use normative perspective on ML in corruption cases (white-collar crime). In contrast to previous studies that take fraud in general as an object of research, researchers are now interested in focusing more research on detecting suspected ML crimes: a case study on corruption cases in Indonesia.

Degrowth in Practice: Developing an Ecological Habitus within Permaculture Entrepreneurship

The literature on degrowth has suffered from only engaging with normative ideas. More recently the degrowth debate has started moving from a normative perspective to close the wide gap that has existed between normative ideas and is analysing how to link ideas to the institutional and cultural environment that shapes practices. To address this challenge, we draw on the work of Pierre Bourdieu in order to examine transformations in the habitus and forms of capital of those who decide to move into sustainable entrepreneurship through permaculture in Brazil. Permaculture represents a vibrant alternative to industrial food production and addresses fundamental contemporary social problems, such as increasing inequalities, climate change and the loss of biodiversity. The article explores the challenges faced and respective responses of those who decide to change their relationships with nature and society by becoming permaculture entrepreneurs (PEs). The paper shows that, when entering the permaculture universe, individuals start critically examining their values and ways of living, which leads to a disengagement from dominant patterns of behaviour and social expectations in order to pursue sustainable lifestyles and thereby develop an ecological habitus.

Normative foundations of media welfare: Perspectives from the Nordic countries

What does media welfare mean from a normative perspective? The notion of media welfare and “the media welfare state” has mainly been used descriptively, to depict the particular way in which the media are organized in the Nordic welfare states. In this article, we explore media welfare from a normative perspective. Our intention is to open up a discussion about the normative and political implications of the notion of media welfare and to bring the concept into the contemporary discussion on normative perspectives regarding the media.

The dichotomy within denationalisation: Perpetuating or emancipating from its discriminatory past?

This article examines the acceptability of the differential treatment of dual citizens within contemporary denationalisation from both doctrinal and normative perspectives with particular focus on the right to non-discrimination as prescribed by the European Convention on Human Rights. The article concludes that denationalisation laws that target only dual citizens very likely have indirect discriminatory effects on particular subgroups of dual citizens along and possibly across discriminatory grounds such as ethnicity, race, gender, religion and national origin. The article contends that prevailing doctrinal justifications are based on a set of misconceptions concerning the suitability, efficacy, necessity and consequently proportionality of denationalisation in Western societies and that the re-emergence of denationalisation in the 21st century is not only illustrative of the inadequacies within current discrimination law norms but enhances them.

Slowing Down Society? Theoretical Reflections on Social Deceleration in Pandemic Times (and Beyond)

Abstract The COVID-19 pandemic has caused a major change in everyday life and also reinvigorated the theoretical and political discussion on the temporal rhythms of social existence. Taking the situation of the coronavirus crisis as a starting point, the present paper attempts to provide the outlines of a theoretical account of social deceleration, a topic that has been hitherto barely explored in the field of social studies of time. In view of the complexity of the phenomenon, a distinction is made between two ways of theoretically approaching it, namely, a descriptive and a normative perspective. The paper proceeds in three steps: First, upon adopting a descriptive perspective, it advances a definition of social deceleration and proposes a typology of its different manifestations. The second step analyzes the coronavirus crisis as a process of partial deceleration of social life. The final step gives an overview of the current normative, i.e., ethical-political, disputes over social speed.

Toward equitable urban water supply and sanitation in Dar es Salaam: The dialectic relationship between policy-driven and everyday practices

Many cities in the Global South continue to struggle with providing services with increasing inequalities in the distribution of and access to safe drinking water. For lower-income inhabitants, access changes over time and is shaped by the interplay between practices driven by policy and the range of diverse everyday practices in low-income areas. Existing practices are entangled with the evolution of the natural and built environment in which human-nature interactions are continuously negotiated in situ and over time through different infrastructure and service configurations that can alter water flows, social relations, and practices. Focusing on the case of Dar es Salaam, this paper examines policy-driven practices by the utility (and other key players in formal service provision) and their interaction with everyday practices to spell out implications for urban (in)equality.The paper draws on research grounded in a normative perspective based on principles of environmental justice, emphasising agency-structure debates and intersectionality scholarship. The approach enables a critical multi-scalar analysis that reveals differential abilities and vulnerabilities among poor women and men toward enabling and restraining structural processes and conditions, whereby time, space and socio-environmental relations intersect with and influence infrastructural and service configurations and vice versa. Findings confirm a dialectic relationship between policy-driven and everyday practices with multiple examples where practices reproduce, reinforce, or distort existing inequalities. However, the findings further show instances of more transformative practices that challenge unjust processes and outcomes toward more equitable service provision.

You the readers will complete the list. The Castrochavismo conspiracy theory

The study of conspiracy theories has often taken a normative perspective. Recently, sociology and cultural studies have argued for a neutral view of conspiracy theories, urging for a nuanced understanding of conspiracy theories. Building on a growing body of scholarship addressing conspiracy theories in relational terms, this article considers the advantages of analyzing conspiracy theories as controversies or issues, as formulated in Science and Technology Studies. Our primary focus is on the political uses of castrochavismo and how the digital objects are shared and reconfigured, shaping the dynamics of the issue. The core conceptual premise is that conspiracy theories are formed as particular cases of controversies, where the factions in dispute deploy repertories, and we identify the empiricist and ironizing ones. Drawing on a data collection from Twitter, we present the case of study of castrochavismo, with a particular focus in the Colombian electoral cycle. The case highlights the importance and challenges when analyzing a conspiracy theory from the lens of controversy studies, promoting a symetrical, non-normative, research of the topic.

Hostile, Benevolent, Implicit: How Different Shades of Sexism Impact Gendered Policy Attitudes

Advances in gender equality and progressive policies are often stymied by cultural sexist systems and individual-level sexist attitudes. These attitudes are pervasive but vary in type—from benevolent to hostile and implicit to explicit. Understanding the types of sexism and their foundations are important for identifying connections to specific social and political attitudes and behaviors. The current study examines the impact of various manifestations of sexism on attitudes regarding policies and public opinion issues that involve gender equality or have gendered implications. More specifically, we look at attitudes on reproductive rights, support for the #MeToo Movement, equal pay, and paid leave policies. In Study 1 we use data from a high-quality web panel (n = 1,400) to look at the relationship between hostile, benevolent, and implicit sexism, and reproductive rights attitudes, as well as support for the #MeToo Movement. In Study 2 we use data from the American National Election Study (n = 4,270) to examine the relationship between hostile and modern sexism and attitudes on abortion, equal pay, and paid family leave. Overall, these results reveal a complicated relationship between different conceptualizations of sexism and gendered attitudes, underscoring the need to consider how different forms of sexism shape broader social and political views, from both a normative perspective for societal change and a measurement approach for research precision.

Optimal Taxation with Endogenous Default under Incomplete Markets

How are the optimal tax and debt policies affected if the government can default on its debt? We address this question from a normative perspective in an economy with noncontingent government debt, domestic default, and labor taxes. On one hand, default prevents the government from incurring future tax distortions associated with servicing the debt. On the other hand, default risk gives rise to endogenous credit limits that hinder the government's ability to smooth taxes. We characterize the fiscal policy and show how the option to default alters the near–unit root component of taxes in the economy with risk-free borrowing. (JEL D52, E62, H21, H24, H63)

Antecedents of green computer purchase behavior among Malaysian consumers from the perspective of rational choice and moral norm factors

Prior studies of pro-environmental behavior investigated its antecedents from the perspective of either rational choices or moral norms. However, as highlighted by many researchers, green purchase behavior associated with high-cost products such as green computers can be influenced by both perspectives. Thus, this study aims to predict the influence of the theory of planned behavior's (TPB) rational choice factors and the value-belief-norm (VBN) theory's moral norm factors on the green computer purchase behavior (GCPB) of consumers in the Malaysian context. A survey questionnaire was developed and administered to 1000 Malaysian respondents through convenience- and purposive-sampling methods. The structural equation modeling (SEM) function of the AMOS software was used to analyze the survey data and TPB factors (subjective norms), were found to be more important than the VBN factors (personal norms), in predicting GCPB. This implies that Malaysian consumers have a stronger tendency to follow social norms than fulfill moral obligations when deciding to buy green computers. Additionally, biospheric and altruistic values were drivers for the rational choice model while biospheric values drove the moral norm model. The results of this research provide recommendations to marketers, governments, environmental NGOs, educators, and manufacturers on how to communicate and engage with consumers to promote sustainable consumption through green computer purchases. The study's originality is in the development and use of a comprehensive integrated model that provides an understanding of consumer behavior when faced with moral-norm and rational-choice decisions in the purchase of a high-cost product in an emerging market context.