Socio-legal Study Research Articles

Compliance with anti-money laundering laws and their impact on banking operations in Pakistan: banking expert’s opinion

Purpose Despite sound anti-money laundering (AML) regulations and membership in the financial action task force, money laundering remains a severe concern faced by Pakistan because of its weak AML regime. This led to an investigation of the perceptions of banking expert’s regarding the AML law’s costs and complexity, mapping of compliance cost and measures taken by Pakistani banks in compliance with AML laws. Design/methodology/approach A socio-legal study approach was adopted based on library-based, and interviews using social media platforms to treasure the experts’ opinions regarding the impact of AML laws on baking operations in Pakistan. A semistructured interview-based questionnaire was handed out to Pakistani banking officers. Findings The findings revealed that, for banks to meet the AML obligation, they must overcome challenges including cost and complexity. Nevertheless, these costs are less expensive than the penalties assessed for noncompliance. Practical implications Following AML regulations can help the banking industry grow, which, in turn, attracts more foreign investment by boosting consumer confidence. However, it is difficult and expensive to comply with these requirements. The current research hopes that the financial regulatory authorities of Pakistan will adopt more effective measures for efficient compliance with AML laws. Originality/value The impact of compliance with AML laws on banking operations in Pakistan was examined in this study for the first time using banking officers’ opinions from various banks best of author’s knowledge.

Indigenous peoples in carbon pricing policymaking

The article contributes new thinking on the exclusion and inclusion of Indigenous Peoples in carbon pricing policymaking. Using a Canadian case to draw broader lessons for other countries and make a conceptual contribution, we ask and answer five questions: (1) who is excluded; (2) why does exclusion happen; (3) how does exclusion happen; (4) what does exclusion cause; and (5) how could policymakers enhance inclusion? To inform and answer these questions, we construct a decolonial theoretical framework and use it to guide qualitative analysis and doctrinal legal analysis of original data, including 34 semi-structured interviews and few court decisions, to enhance thinking on exclusion and how to enhance inclusion in carbon pricing policymaking. The thesis is that Indigenous Peoples are externally and internally excluded because of legal and practical problems in policymaking, and this impacts legitimacy, transparency, justice, policy effectiveness and indigenous reconciliation, and should be mitigated by enhancing transparency measures, prioritizing the value of legitimacy over cost efficiency, and, overall, transformationally rethinking policymaking processes. Altogether, our theory-grounded empirical sociolegal study demonstrates key concepts for thinking about Indigenous inclusion and exclusion, extending the extant public participation literature as applicable to climate, natural resource, and environmental law and governance, and other relevant legal and social science fields.

An Infrastructural Brussels Effect: The translation of EU Law into the UK's digital borders

This article gives an account of the legal standards and safeguards that guide and constrain the current design of the UK's digital borders. Based on an empirical engagement with the development of Cerberus – an advanced risk-based analytics platform aimed at the detection of previously ‘unknown’ threats – the article presents a dual argument. On the one hand, it provides an account of the remaining salience and extraterritorial reach of EU law in setting standards for the collection, retention, processing and sharing of Passenger Name Records (PNR) data in the UK. This PNR data is a constitutive component of the digital border. Through the EU-UK Trade and Cooperation Agreement (TCA), the UK is now bound to comply with the rather stringent legal safeguards developed by the CJEU (in Opinion 1/15) on the retention and automated processing of PNR data. Our analysis shows the different channels through which EU law obtains this extraterritorial reach, how compliance can be monitored and enforced, and, crucially, how it has influenced and constrained the technical design of the UK's digital borders – a salient and unexplored phenomenon that we describe as an Infrastructural Brussels Effect. Yet, on the other hand, the article empirically shows that this is not merely a process of norm diffusion and extraterritoriality. Once legal standards become infrastructurally embedded in Cerberus, we witness normative translations and sociotechnical shifts with important legal and political consequences. Legal standards on ‘reasonable suspicion’ and the ‘objective evidence’ of ‘risk’, we argue, are given specific meaning through a logic of relational inference and algorithmic pattern detection (leading to forms of ‘concern by association’). By studying the entanglements between legal norms and material infrastructures – an approach we describe as infra-legalities – these normative effects become visible and contestable, providing a productive site for the sociolegal study of law and algorithmic governance.

Divorce Bureaucracy in the Sharia Space: Examining Practices in Langsa City, Aceh

Divorce in the community is often understood differently between Islamic law, the State, and customary law. Each of these laws has a fundamental legal basis regarding the concept of divorce. The impact of differences in the legal concept of divorce results in different Muslim communities in the process of terminating marital relations. This research aims to examine further how the divorce bureaucracy in Indonesia affects the divorce process in the community. This paper results from an empirical study with a socio-legal study approach, this approach is used to review how divorce in society is practiced. Data was obtained from interviews with relevant parties. To strengthen the data and analysis, this research also uses several empirical research results and other important articles related to this paper. The results show that the divorce bureaucracy in Langsa City, Aceh still leaves problems caused by differences in viewpoints and interests so that divorce outside the court still occurs. The difference in perspective is based on the understanding that divorce is legal if it fulfills the provisions of Islamic law. On the other hand, people who are aware of the law have the view that divorce must be done before the court. The bureaucracy of divorce, which involves administration and the conditions that must be met, makes divorce considered complicated and takes a long time. Conversely, religious divorce does not require a long time and cost. In addition, the interest in a quick process without the need for an administrative process also influences the divorce bureaucracy. Non-judicial mediation at the village level is essential for reducing divorce rates and reducing divorce bureaucracy.

LASPO 2012: ten years and beyond – a socio-legal study of the impact of legal aid cuts on service providers in England and Wales

ABSTRACT Major reforms via the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 and subsequent reforms have reduced the legal aid budget and the scope of eligibility in criminal as well as civil cases. According to Mansfield et al., the principles of justice that embody the legal aid provision has been neglected by governments for over a decade and as such; created a gap that emasculates the most vulnerable in society, such as recipients of legal aid. This study employs an interview-based approach to investigate alternative perspectives in terms of the cuts and widespread impact on service providers in England and Wales, such as barristers, and solicitors. Detailed qualitative data were collected to provide insights into the diminishing legal aid scheme through the lived experiences of both civil and criminal legal aid providers. The study examines the concerns of service providers regarding their future as public defenders and the future of the judicial system post-LASPO 2012, focusing on safeguarding the rights of individuals facing litigation and ensuring that newly qualified lawyers are not deterred from public defence roles due to the long-term effects of ongoing legal aid cuts.

Global Health Governance and International Law in India: A Socio-Legal Study

India is a culturally and historically rich nation. India has hosted several ancient civilizations that differed greatly from one another in many aspects of life due to its large geographic expanse, varied climate, and unique environmental conditions. India boasts a vast diversity and cultural ethos that is unmatched in comparison to other regions of the world, encompassing a wide range of faiths, dialects, cuisines, climates, cultures, and social systems. It is a well-established truth that health problems existed wherever there were humans. Given that India is the starting point of early organised communities and historical civilizations, it is evident that healthcare and health were prevalent there long before. Since the beginning of time, historical texts have been filled with references to a wide range of health-related topics. An attempt will be made to conduct a study on court rulings and reports of the Government of India in the proper places in order to support the proposed study and determine how the law pertaining to the right to health is being implemented. Thus, the study's technique, which is an analytical doctrinal approach, has been used.

The Existence of Pancasila in the Draft Law on the Direction of Pancasila Ideology (Sociolegal Study on Public Response to Law Enforcement)

The Existence of Pancasila in the Draft Law on the Direction of Pancasila Ideology (Sociolegal Study on Public Response to Law Enforcement)

Gaps in Legal Protections for Female Workers: A Socio-Legal Study in Tolitoli, Indonesia

The lack of adequate safety, health guarantees, and protection of rights for female workers presents a significant challenge within Indonesia’s labor sector, particularly in Tolitoli Regency. This study seeks to analyze the legal protection available to female workers across the country, with a specific focus on the fulfillment of their rights in Tolitoli Regency. Employing an interdisciplinary approach, the research utilizes a socio-legal methodology, supported by empirical observations. Data sources include relevant laws, regulations, and previous research findings, assessed through scientific and descriptive qualitative methods. The findings indicate that while Indonesian labor laws provide a normative framework for worker protection, specific legal safeguards for female workers are not fully enforced. There are clear disparities in the ability of different societal groups to access the protections and rights guaranteed by the state. In Tolitoli, many female workers are still unable to fully exercise their rights. Female workers are often regarded as mere production tools rather than valuable assets, which leads to a low level of employer responsibility, with profit motives prevailing. The Omnibus Law on Job Creation is expected to enhance the business environment while ensuring that female workers’ rights are protected.

Huma BetHuma Betang-Based Resolution of Mining Land Conflictsang Based Mining Land Conflict Resolution

This study aimed to explore local wisdom treasures related to the study of legal culture which was not widely known by the public. This study used a mix of anthropological and juridical philosophical methods. It used the socio-legal study approach conducted through direct exploration and structured interviews. Results showed that Dayak Bakumpai indigenous people highly uphold the inclusive cultural principles contained in the Huma Betang philosophies. One of the philosophies was the resolution of mining land conflicts, influenced by the culture’s positive values. This value was adopted from an inclusive culture in the Belom Bahadat values that are upheld by the Bakumpai Dayak community. Meanwhile, conflict resolution was carried out through "Bahandep Bahapakat Rakat", which is a practice of helping each other in deliberations. This is so that the headman or local traditional leader can help people return to harmony.

Offences Relating to Marriage in India under the Indian Penal Code: A Socio-Legal Study

The foundation of marriage has existed in every society. It has been explained in the Rigveda and other various sacred texts, that females in ancient India had an eminent place with regards in public. In ancient times, marriage was seen as an important ceremony, and women had the same importance as men in society. In the past, marriage was seen as a very important event, but it made women have less power. Over time the financial, social, and political ways of life, females lost their status and regard in the society. Chapter XX of the Indian Penal Code (IPC) encompasses offenses related to marriage. All these offenses fall under the jurisdiction of the institution of marriage. The present socio-legal study focuses on factors responsible for the offences related to marriage in India. There are laws for the protection of women related to marriage abuse but still the crime is in increasing trend. Moreover, most of the crimes are not reported and, in our society, those crimes are considered part of married life for a woman. With the help of this doctrinal and non-doctrinal research methodology. This research paper emphasized the factors contributing to crime. Challenges to control and in the last part consider the suggestions which can help at least in reducing if not eliminating these types of crime.

A Socio-Legal Study on Issues and Factors of Child Labour in Malaysia

A Socio-Legal Study on Issues and Factors of Child Labour in Malaysia

Penegakkan Hukum terhadap Pelanggaran HAM di Papua: Diskriminasi Etnis

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

Socio-legal study of technology: A norms and values approach to hacking and encryption law and policy

In light of the dissolution of the traditional boundaries separating the fields of law, technology and society, this article puts forward an interdisciplinary norms and values approach to the study of technology law. It explains the core concepts of norms and values and their significance to legal research and other disciplines. The article further sets out the qualitative, inductive and interpretivist methodology and methods necessitated by this socio-legal approach. It then applies the norms and values approach to the cases of hacking and encryption to illustrate its substantial benefits and contributions to the development of technology law and policy.

How engagement in internet fraud impact academic activities of undergraduate students in Nigeria: A socio-legal study

How engagement in internet fraud impact academic activities of undergraduate students in Nigeria: A socio-legal study

The Post-Ongwen Case Period and the Reconciliation Process in Northern Uganda: Local Communities as a Site of Knowledge

Abstract By providing victims with more space in the Ongwen case, the International Criminal Court (icc) has significantly contributed to the healing of the trauma and community reconciliation in northern Uganda. That said, this court has also raised issues that could affect local efforts to achieve peace, namely the positioning of victims of child soldiers vis-à-vis criminal child soldiers. Drawing on qualitative data collected through focus group discussions with some community members from locations under investigation by the icc, this sociolegal study examines the victims’ narratives about child soldiers and the different ideas of human rights that emerge. Then, it explores how these ideas may shape future transitional justice mechanisms designed in the global sphere. Finally, it discusses the extent to which they may impact the relevance of current justice initiatives. Overall, this paper analyzes the substantive effect of victim participation in the Ongwen case on local peacebuilding initiatives in northern Uganda.

Green-hydrogen - the game changer of India’s journey towards energy sustainability: A socio-legal study

The global troth to provide sustainable and eco-friendly energy to all by 2030 has set off various pilot study for contriving the clean-technologies across the globe and the intellectual acuity coalesced into that green-hydrogen is the potential and promising alternative for achieving the adequate and attainable global energy demand. To mitigate the accelerated ambition of climate goals, India has triggered energy transition programme in pursuant to its National Green Hydrogen Mission, with an outlay for INR. 19,744 crores, to achieve net zero by 2070 and self- dependent on energy by 2047. To substantiate the research object present study has primarily undertaken analytical comparative review the policies of the jurisdictions pioneering on green hydrogen and to examine the feasibility of strategic transitional move under reference of socio- demographic factors of India for achieving energy sovereignty. This research is the fulcrum to design the mitigating policy framework, making review and multivariate analysis of the sustainable livelihoods, investment opportunities, interoperability mechanisms, local contexts within India’s policy framework through Semi-Structured Qualitative Methodology. The present study shall significantly contribute the policy implications in the existing literature on green hydrogen and conclude with the viable model for achieving the energy sovereignty in India. The fundamental challenges regarding such transitional expansion of green-hydrogen across the globe are the production, scaling up of consumption habits across all sectors, policies, and regulations. The limitation of the present study underlies in procuring primary data as all data confidentiality is respected under data protection laws in India.

Discrepancy between Ideals and Realities: A Socio-legal Study of Women's Rights in Pakistan

Discrepancy between Ideals and Realities: A Socio-legal Study of Women's Rights in Pakistan

Traditional (Culinary) Markets as A Tourist Village during The COVID-19 Pandemic and Post-COVID-19 Period: A Socio-Legal Study

Village tourism is one of the flagship projects and tourism development priorities of the Yogyakarta Regional Government (DIY Regional Regulation No. 1 of 2019) to optimize the potential of village resources to improve the welfare and economic independence of village communities (Law No. 6 of 2014). To optimize the policy, the DIY Government has developed a management system in the 2015–2025 Regional Tourism Development Master Plan with the facilitation of a Tourism Village Pioneer towards an Independent Tourism Village. The management includes the planning, implementation, and control of tourism village activities. This study will examine the implementation and dynamics of regulations during the COVID-19 pandemic and post-COVID-19. To explain and measure the policy, an empirical (socio-legal) study was conducted on one of the tourist villages, "Pasar Kuliner Belik Sonto" Sleman, as a sample, which had received a grant from the Ministry of Tourism in 2021 for a pilot tourism village management model. The study results concluded that the governance of tourist villages such as the Belik Sonto Gamplong I Traditional Culinary Market during the COVID-19 period did not appear optimal. It is due to the lack of conceptual standardization of institutional governance and in terms of regulations. Meanwhile, post-COVID-19, tourism village governance entering the recovery and normalization phase needs to reformulate tourism village development plans and resources towards resilient and superior tourism villages through product innovation, synergy between various parties, the government, and related regional apparatuses, collaborative variations of tourism village events, and the development of marketing systems. This governance fully adapts to various post-COVID-19 mitigation regulations by developing tourism village safety and health infrastructure.

The Influence of External Actors on Human Rights Incorporation in the 1949 Federal Constitution of Indonesia

This article discusses how the incorporation of human rights provisionsin the 1949 Federal Constitution of Indonesia has been influenced by thepolitical constellation marked by the involvement of the Netherlands andthe United Nations (UN) as external actors. The study in this article isconsidered a socio-legal study in line with its interdisciplinary character,which could be specified as legal history research. The general conclusiondrawn shows that the settlement of disputes regarding the issue ofdecolonization through the Round Table Conference has conditionedthe incorporation of human rights into the 1949 Federal Constitution.It appears that from the clauses outlined in the Linggarjati Agreementand the Statute of the Netherlands-Indonesia Union, the 1949 FederalConstitution mutatis mutandis was conditioned to adopt constitutionalguarantees of human rights. In addition, the involvement of the UNindirectly makes the incorporation of human rights possible, as theUN was established with one of its main objectives to promote respectfor human rights.

Mediation as Dispute Resolution in People’s Mining

People’s mining contributes to conflict and environmental degradation, particularly in developing nations. This is a socio-legal study. The study’s findings indicate that mediation is viable, cost-effective, and respectful for resolving smallholder mining disputes. Mediation is a voluntary procedure involving a neutral third party to reach an acceptable solution for both parties. The advantages of mediation include time and cost savings, the maintenance of relationships between parties, the incorporation of local knowledge and cultural practices, the promotion of environmental sustainability, and the facilitation of the development of legal and regulatory frameworks that support the sustainable development of smallholder mining communities. Although mediation faces obstacles such as a lack of trained mediators, potential power imbalances between parties, and the need for trust and cooperation, its usefulness in resolving conflicts and preserving the environment makes it essential for promoting sustainable development.