Threat Of Sanctions Research Articles

Sanksi Adat Penyelesaian Kasus Pelecehan Seksual di Desa Kungkai Kabupaten Merangin Jambi

The threat of criminal sanctions in Indonesian state law does not have a major impact on reducing sexual harassment cases. In some places, efforts to sanction cases of sexual harassment using adat law can be another alternative, because of the unique relationship between traditional communities and adat law. This research examines the existence and implementation of adat law sanctions to solve the problem of sexual harassment in Kungkai Village, Merangin, Jambi Province. The type research is field research or empirical juridical research using a legal anthropological approach. The data collection instrument is through observation, interviews with indigenous peoples, and literature review. Adat sanctions for perpetrators of sexual harassment crimes in Kungkai Village are called “utang adat”. This sanction was given by the adat party in Kungkai Village for perpetrators of sexual crimes to pay compensation. The application of Islamic values in the Jambi Malay traditional seloko, adat bersendi syarak, syarak bersendi Kitabullah can be found from the addition of punishment by assessing the marital status of the perpetrator or victim such as the jarimah zina in Islamic criminal law. The existence of adat law has an urgency to maintain community compliance with legal values and norms.

Beyond “pains” and “gains”: untangling the health consequences of probation

BackgroundResearch on the health consequences of criminal legal system contact has increasingly looked beyond imprisonment to understand how more routine forms of surveillance and punishment shape wellbeing. One of these sites is probation, the largest form of supervision in the U.S. Drawing on an interview study with 162 adults on probation in Hennepin County, MN, in 2019, we map how adults on probation understand the consequences of supervision for their health and how these self-reported health changes correlate with individual, social, and structural circumstances.ResultsRoughly half of participants described their health as having improved since starting probation, while the remainder were split between no change and worsened health. Examining both closed-ended survey questions and open-ended interview prompts, we find that the “gains” of supervision were correlated with substance use treatment (often mandated), reduced drug and alcohol use, increased housing and food security, and perceptions of support from their probation officer. However, these potentially health-promoting mechanisms were attenuated for many participants by the significant “pains” of supervision, including the threat of revocation, which sometimes impacted mental health. In addition, participants in the most precarious circumstances were often unable to meet the demands of supervision, resulting in further punishment.ConclusionsMoving beyond the “pains” and “gains” framework, we argue that this analysis provides empirical evidence for the importance of moving social services outside of punishing criminal legal system interventions. People with criminal legal contact often come from deeply marginalized socio-economic contexts and are then expected to meet the rigorous demands of supervision with little state aid for redressing structural barriers. Access to essential services, including healthcare, food, and housing, without the threat of further criminal legal sanctions, can better prevent and respond to many of the behaviors that are currently criminalized in the U.S. legal system, including substance use.

Geopolitics and the U.S. Dollar's Future as a Reserve Currency

I survey the role of geopolitics and sanctions risk in shaping the U.S. dollar's status as the primary currency used for international reserves. Without changes in the economic incentives for holding FX reserves in U.S. dollar assets, an increased threat of sanctions is unlikely to drastically reduce the dollar share of FX reserves. Currently, around three-quarters of foreign government holdings of safe U.S. assets are by countries with some military tie to the U.S. Even a reduced reliance on the U.S. dollar for trade invoicing and debt denomination by a large bloc of countries less geopolitically aligned with the U.S. would be unlikely to end U.S. dollar dominance.

Costly sanctions and the treatment of frequent violators in regulatory settings

Regulators typically treat frequent violators more harshly. When does such harsh treatment maximize overall compliance? We consider the role of two factors: responsiveness to penalties and costs of sanctions. A novel insight is that maintaining a credible threat of sanction against infrequent violators is relatively cheap because that threat seldom needs to be backed up. In a Clean Water Act application, the marginal sanction deters ten times as many violations when directed at infrequent violators. On net, this difference is due to a sanction cost effect, not because infrequent violators are marginally more responsive to the threat of punishment.

A Just Wage and Ineffectiveness of Its External Enforcement

This paper deals with the problem of effectiveness of enforcement of the just wage. The author makes use of the standard models of the product market, labor market and isoquant-isocost analysis to capture the effect of the decision to pay the just wage. In a discussion about the type of justice which governs the wage relation, the author proves that this relation does not fall within the category of distributive justice, on the grounds of (un)willingness of the owners of the factors of production to share the loss. On the contrary, arguments are being presented why the wage relation is being governed by the principles of commutative and social justice. In the aspect of commutative justice, a personal component and a family component of the just wage are being distinguished. The author justifies the concept of the personal component of the just wage by an analogy with renting a capital good. The empiricist objection of arbitrariness of any quantification of the just wage is being settled by a reference to the distinction of necessary and accidental signs. The author draws the conclusion that it is the owners of the firm who hold the key to the just wage. The author concludes that there is no way to force the owner of the firm to start paying the just wage if he does not want to. Any externally enforced increase in the wage is counter-productive, in the end. The threat of external sanctions has no effect. The only sanction which is effective is the internal sanction, i. e. the employer’s own conscience. To the objection of inefficiency brought about by internal sanctions, the author answers that the employment of labor not needed by the employer is a gift and the employer is not obliged to pay the just wage in this case.

Keadilan Restoratif sebagai Upaya Penguatan Sistem Penegakan Hukum Terhadap Pelaku Penyelundupan Pengungsi

The purpose of the research is to analyze first, the criminal arrangement of the perpetrators of refugee smuggling and its implementation in Indonesia. Second, if a restorative justice approach can be an alternative in an effort to strengthen the criminalization process for perpetrators of refugee smugglers. This normative juridical research uses a statutory and conceptual approaches. The results of the study conclude that first, criminal arrangements for perpetrators of smuggling refugees in Indonesia are regulated in Article 120 of Law Number 6 of 2011 on Immigration (Immigration Law). The regulation is very simple and in its implementation creates obstacles for law enforcement officers, including the absence of special rules, the absence of differentiating the threat of criminal sanctions between perpetrators, and obstacles in regulating the threat of special minimum and maximum imprisonment sanctions which are considered to greatly limit the space for law enforcers in an effort to provide fair punishment for the perpetrators. Second, the restorative justice approach can be an alternative in an effort to strengthen the criminal justice process against perpetrators of refugee smugglers by integrating them into the criminal justice system. The process of meeting between perpetrators and victims as well as the community runs in parallel with the process in court and the results can be considered by the judge when they want to impose a sentence on each perpetrator of refugee smuggling.

PENERAPAN SANKSI PIDANA TERHADAP WAJIB PAJAK YANG MELAKUKAN TINDAK PIDANA PERPAJAKAN

The highest tax legal basis is Article 23A of the 1945 Constitution of the Republic of Indonesia was reads that "taxes and the other levies that are coercive for the state by law". Specifications for tax crimes and the mechanism for applying criminal sanctions. The tax system that uses a self-assessment system softens the coercive nature of this tax, with the prospect that people will fulfil their tax obligation properly. However, the problem that occurs is, on the contrary, it's a good system to use by the community to make deviations because people think that taxes are a burden that will reduce their income. So they do tax avoidance which aims to minimize the tax burden. The threat of criminal sanctions against tax crimes is quite heavy and clear. If both of them regulate criminal acts that "may cause losses to state revenues" or "may harm state finances or the state economy" and follow the principle of applying criminal law to laws governing criminal acts with the same object, they will be enforced. Law that specifically regulates the subject matter of the crime

THE GREATEST WASTE OF HUMAN BEING, ITS OWN EXISTENCE

The James Webb telescope with a very high cost, seeks what has not been lost. The origin of what? while we waste what nature gives us and we have it in our hands, the greed that causes mental blindness and makes us mentally ill, prevents us from seeing or does not care that pollution is causing our possible end. Well, that only affects the poor! “We, the rich and masters of the world, have the resources to build bunkers and survive or build a ship and run away from this miserable planet. “Miserable by attitude, paradise by nature” The over consumption of natural resources and losses due to pollution today (21st century AD.), is perhaps insignificant compared to the historical waste in ancient civilizations, being its extinction the greatest waste of "HOMO SAPIENS". Through thousands of years, millions of human lives have been wasted in sterile wars and conflicts, moved by greed for wealth and power, even believing themselves to be the chosen ones or demigods in some cases, being the empires the most atrocious. Empires in their blindness have invaded, disappeared and wasted entire civilizations and cultures, in some cases more advanced than their own, including knowledge and wisdom that they did not have, in some cases still indecipherable in our time (21 AD.), wasting human lives. Some empires that were established by military force, use manipulation, intrigues, pretexts, insults, lies, false information and threats of sanctions, to "justify" the invasion. Others invade by means of leonine treaties in all possible areas and the "less aggressive" do so by economically "supporting" the country to be invaded. In cases where a country defends itself from direct or indirect intervention, harmful propaganda is made globally to discredit that country. The greatest sources of waste of human lives, are armies, public administrations with corrupt and repressive executive, legislative and judicial systems, some dictatorial, autocrats or manipulative “democracies”. Oligarchs of “emerging” countries, due to their greed and love of money, manipulate the politics of their country and deliver it to the oligarchs of the empire in turn through treaties, mostly advantageous for the powerful country, sometimes for centuries, it inhibits creativity, potential and development of scientists and technicians of dominated country, who only become servants of the imperialist, sometimes wasting thousands or millions of human being lives. Where the only ones who lose are the inhabitants of invaded territory. This does not mean that business leaders do not deserve to be rich, the question is how much and how to obtain that wealth. When an empire expands indefinitely, "holes" are made everywhere and it is the last to realize that its decline has begun; and in its fall, it seeks to drag others, including its allies.

Citizen response to local service provision: Emerging democratic accountability in decentralized West Africa?

A central tenet of democratic theory is that the threat of electoral sanction holds politicians accountable to citizen preferences. But do voters who receive social service investments evaluate the state more positively and does this translate into electoral rewards for incumbents? I examine this question in decentralized Senegal, where locally elected governments are responsible for providing basic social services. Pairing village-level data on local service delivery with local electoral results and public opinion surveys, I present evidence that receiving new public goods investments does improve citizen evaluations of their local governments, but that voters are more likely to reward incumbent mayors than they are incumbent parties. I argue that this is a rational strategy for voters in new democracies with weak party institutionalization and suggests that party systems are an important scope condition for how voters try to hold their governments accountable in emerging democracies.

THE GREATEST WASTE OF HUMAN BEING, ITS OWN EXISTENCE

The James Webb telescope with a very high cost, seeks what has not been lost. The origin of what? while we waste what nature gives us and we have it in our hands, the greed that causes mental blindness and makes us mentally ill, prevents us from seeing or does not care that pollution is causing our possible end. Well, that only affects the poor! “We, the rich and masters of the world, have the resources to build bunkers and survive or build a ship and run away from this miserable planet. “Miserable by attitude, paradise by nature” The over consumption of natural resources and losses due to pollution today (21st century AD.), is perhaps insignificant compared to the historical waste in ancient civilizations, being its extinction the greatest waste of «HOMO SAPIENS». Through thousands of years, millions of human lives have been wasted in sterile wars and conflicts, moved by greed for wealth and power, even believing themselves to be the chosen ones or demigods in some cases, being the empires the most atrocious. Empires in their blindness have invaded, disappeared and wasted entire civilizations and cultures, in some cases more advanced than their own, including knowledge and wisdom that they did not have, in some cases still indecipherable in our time (21 AD.), wasting human lives. Some empires that were established by military force, use manipulation, intrigues, pretexts, insults, lies, false information and threats of sanctions, to «justify» the invasion. Others invade by means of leonine treaties in all possible areas and the «less aggressive» do so by economically «supporting» the country to be invaded. In cases where a country defends itself from direct or indirect intervention, harmful propaganda is made globally to discredit that country. The greatest sources of waste of human lives, are armies, public administrations with corrupt and repressive executive, legislative and judicial systems, some dictatorial, autocrats or manipulative “democracies”. Oligarchs of “emerging” countries, due to their greed and love of money, manipulate the politics of their country and deliver it to the oligarchs of the empire in turn through treaties, mostly advantageous for the powerful country, sometimes for centuries, it inhibits creativity, potential and development of scientists and technicians of dominated country, who only become servants of the imperialist, sometimes wasting thousands or millions of human being lives. Where the only ones who lose are the inhabitants of invaded territory. This does not mean that business leaders do not deserve to be rich, the question is how much and how to obtain that wealth. When an empire expands indefinitely, «holes» are made everywhere and it is the last to realize that its decline has begun; and in its fall, it seeks to drag others, including its allies.

Peer Responses to Environmental Regulatory Sanctions: Local versus Distant Search

Regulators impose sanctions on firms that violate environmental laws or regulations not only to punish the violators but also to warn non-sanctioned firms that environmental misbehaviors may be penalized. Accordingly, non-sanctioned firms are motivated to respond to such sanction threats. Combining problemistic search and threat rigidity theories, we propose that rising environmental regulatory sanctions on industry peers can propel non-sanctioned firms to focus on local search and refrain from distant search, resulting in an increase in environmental lobbying, a direct and immediate strategic action that we consider as an outcome of local search, and a decrease in green innovation, an indirect and long-term strategic action that we consider as an outcome of distant search. We also propose that such effects are stronger when non-sanctioned firms find peer sanctions a more salient threat, reflected by higher media exposure of non-sanctioned firms’ environmental misbehaviors. Using a U.S. sample of 5,893 firm-year observations, we find support for our arguments. This study reconciles problemistic search and threat rigidity theories by highlighting the heterogeneous influence of external threats on local search and distant search and showcases the spillover effect of regulatory sanctions on peer firms.

Swapping Carrots for Sticks: Forensic science provider views of the Forensic Regulator Act 2021

In April 2021, the Forensic Science Regulator Act 2021 received Royal Assent, providing new statutory powers for the Forensic Science Regulator (FSR) of England and Wales. These powers are intended to enable the FSR to compel forensic science providers (FSPs) comply with quality standard requirements. The FSR has until now relied upon ‘soft power’ and arguments of benefits to be gained if FSPs achieve accreditation and adhere to the Code of Practice. Reaching the limits of persuasive powers, the FSR Act now introduces powers to penalise FSPs who remain unaccredited or fall below published standards. To gauge the potential impact, forensic scientists were asked to anticipate effects of the Act. Practitioners indicated that the new statutory powers could instil a sense of urgency among police force forensic science units in particular, in prioritising quality and investing in accreditation. However, there are significant capacity limitations which may hamper more widespread and sustainable change, such as financial pressures faced by FSPs, as well as resource constraints within the FSR role. Changing from a regulatory approach focussed upon voluntary cooperation, support and encouraging intrinsic motivations (i.e ‘carrots’), for one reliant upon deterrence in the forms of threats of sanctions and punishment (‘sticks’), could prevent real improvements in quality and undermine the achievement of regulatory aims. The FSR Act is unable to address problems with forensic science provision, that militate against the quality of forensic science services. Thus, benefits accrued from swapping carrots for sticks may be illusory and may ultimately prove counterproductive.

US Immigration Politics, Sanctions Threats and Private Prison Corporations’ Stock Market Values

Abstract Although politics play pivotal roles in the emergence and operation of private prison corporations (PPCs), less is known about the effects of politics on PPCs’ financial performance. This paper examines the economic consequences of US immigration politics on PPCs using stock market data. Results show that PPCs benefit from restrictive immigration politics through increased stock values and certainty of future profitability. In contrast, their stock values are more likely to fall when the federal government announces sanctions threats on PPCs. These immigration politics only shape PPCs because of their unique business partnership with governments, but do not have meaningful impacts on private security companies that hold weak commercial interests in immigration politics. Finally, this study offers policy implications by revealing consequential effects of national-level politics on PPCs’ financial performance, suggesting future directions for federal roles in regulating PPCs.

“Speak Softly and Carry a Big Stick”

Abstract While sanctions and mediation are often used to address the same conflict situations, they are usually employed without significant coordination. Focusing on a rare case of a mediator successfully wielding the threat of sanctions, this article explores the utility of sanctions for mediation in the Yemeni political transition during the mandate of UN special adviser Jamal Benomar. Although the transition ultimately derailed, the analysis shows that the threat of sanctions can be used in different phases of the mediation process to provide mediators with the leverage needed to convince conflict parties to engage in negotiations, break stalemates during talks, nudge parties toward an agreement, or persuade potential spoilers to refrain from undermining the implementation of the negotiated agreement. Their success, however, not only depends on the degree of convergence between the application of the two instruments, but also on the type of target, regional support, and institutional backing.

Italian Fascists and the Rewriting of American History

Italian Fascists and the Rewriting of American History

The Role Of The Presecutor As Executor Of Court Decisions In Returning Confiscated Objects and State Spoils

This research aims to find out the rhe executive of court decisions in the return of evidence, as well as what factors affect the presecutor as the executor of the court's decision. The formulation of the problem in this research is : (1) What is the role of the presecutor in carrying out of the execution of the court's verdict on the return of evidence?. (2) What are the factors that affect the presecutor as the executor of the court's decision in the return of evidence?. The research method used in this research is qualitative research method with a type of socio-legal studies. The type of data in the form of interview result with related sources, secondary data includes primary legal materials, namely various laws and regulations, and secondary legal materials including books, journals, and research result. The results of the research show that: (1) The execution of the court's decision on the status of the evidence carried out by the Prosecutor after the adjudicator's decision has been signed. (2) There are 4 (four) factors that influence the level of effectiveness of the Prosecutor as the executor of court decisions with regard to evidence, including the legal factor itself, the community factor, the law enforcement officer factor, as well as the legal facilities and facilities factor. Various regulations have been drafted, however, none of them have explicitly regulated the threat of sanctions for prosecutors who do not immediately carry out executions, lack of coordination between related parties, and limited legal facilities and facilities are factors that affect the effectiveness of prosecutors in carrying out their duties.

Expropriation and consequence: Peru-United States relations (1963–1975)

This article studies the nature of Peru-United States relations during the period 1963–1975 through an analysis of the dispute over the potential expropriation of the US-owned International Petroleum Company. The United States government implemented a tough policy towards the first government of Fernando Belaúnde – who sough a “special” relation with the Unites States –characterized by the threat of economic sanctions if the Peruvian government did not solve the issue in favor of the company. The threat of the Hickenlooper Amendment, which sought to penalize countries that expropriated American owned businesses, was a clear sign of this. Once the company was expropriated by the Revolutionary Government of the Armed Forces in 1968 the American government was ironically forced to follow a more flexible approach, as the new military regime sought to diversify its bilateral relations in the bipolar context of the Cold War. The American policy of supporting the IPC had negative long-term effects fo American interests in the region, as it accelerated the overthrown of Belaúnde and ushered in the arrival of a military junta which sought a more independent foreign policy. A country that had been solid American ally camp since the end of World War II had become a nonaligned nation.

Policing Black femininity: the hypercriminalization of Black girls in an urban school

ABSTRACT Studies have documented the ubiquitous racial disparities in school discipline. However, knowledge of the unique and complex disciplinary experiences of Black girls, shared from their own voices, remains under-researched. To better understand the school policing and ‘pushout’ phenomenon for Black girls, this qualitative study examines data which explore the resulting consequences of a fight between 30 Black female students. Our findings suggest that the hypercriminalization and subsequent punitive measures inflicted on these Black girls hindered their academic experiences and that despite the threat of exclusionary discipline sanctions, these young girls fought – not because they were bad – but out of necessity. Concluding, we discuss restorative approaches and explain how Circles can help support emotional healing and educational reintegration after moments of conflict.

The Threat of Financial Sanctions: What Safeguards Can Central Banks Build?

AbstractThe sanctions imposed by the G10 countries on financial institutions in Russia, including on its central bank, will come under scrutiny by emerging market central banks. This will help them build appropriate safeguards against disruptions to cross‐border transactions and revise their investment mandates to reduce the risk of reserve asset freezes. Building new financial market infrastructure and cross‐border payment systems, or strengthening existing ones, will become the priority of emerging global powers. The goal will be to build systems that support democratic governance mechanisms, have oversight arrangements involving the central banks of trusted countries, and promote fair and safe access to clearing and settlement under well‐defined policy guidelines. The use of alternatives to the US dollar as the invoicing currency in international trade will gather momentum. Markets for energy and other commodities will be the change drivers. China has an important role to play.

The Basis of Minimum Wages Determination for Worker in Indonesia Positive Law and Sharia

This study aims to analyze the basis of wages determination for workers in the perspective of positive law and Sharia. The Labor Act prohibits employers from paying wages below the minimum wage. The threat of criminal sanctions for small employers who cannot afford to pay and there is no sanction for large employers to pay wages to all workers without any differences in work tenure. This research is a normative juridical with statute approach. The results of this study showed that there were differences in parameters in the determination of workers' wages based on the Manpower Act, and sharia principles. The minimum wage parameter based on the Labor Law is the need for a decent living for single workers. While Sharia parameters are more flexible. Determination of wages based on agreement according to the conditions of the parties and provide benefits. In conclusion, the determination of wages based on sharia principles is closer to the sense of fairness for the parties. The recommendation is to revise the parameters for determining the minimum wageKeywords: benefit; minimum wage; sharia; fairness.