Enforcement Steps Research Articles

Analysis of Public Policy and Criminal Law in The Perspective of Consumer Protection for Online Loan Users in Indonesia

The development of online loan services or pinjol in Indonesia raises new problems in consumer protection. Many cases of fraud and misuse of customer personal data are very concerning. The government has not had specific regulations regarding online loans. The existing regulations are merely appeals and suggestions for fintech pinjol to conduct business responsibly. In fact, stricter regulatory and enforcement steps are needed to address the increasing violations that harm consumers. This study aims to analyze public policies and criminal law in the perspective of protecting pinjol consumers in Indonesia. This research uses a normative legal approach with statute and conceptual approaches. The results are expected to provide recommendations for more effective legal protection for online lending consumers in Indonesia, as well as enriching academic literature on fintech and digital consumer protection. The conclusion is that firmer public policy and criminal law provisions are needed to protect consumer rights in using online loan services which currently have weak legal protection.

Temporal Convolutional Network-Based Axle Load Estimation from Pavement Vibration Data

Measuring the axle loads of vehicles with more accuracy is a crucial step in weight enforcement and pavement condition assessment. This paper proposed a vibration-based method, which has an extended sensing range, high temporal sampling rate, and dense spatial sampling rate, to estimate axle loads in concrete pavement using distributed optical vibration sensing (DOVS) technology. Temporal convolutional networks (TCN), which consist of non-causal convolutional layers and a concatenate layer, were proposed and trained by over 6000 samples of vibration data and ground truth of axle loads. Moreover, the TCN could learn the complex inverse mapping between pavement structure inputs and outputs. The performance of the proposed method was calibrated in two field tests with various conditions. The results demonstrate that the proposed method obtained estimated axle loads within 11.5% error, under diverse circumstances that consisted of different pavement types and loads moving at speeds ranging from 0~35 m/s. The proposed method demonstrates significant promise in the field of axle load reconstruction and estimation. Its error, closely approaching the 10% threshold specified by LTPP, underscores its efficacy. Additionally, the method aligns with the standards set by Cost-323, with an error level-up to category C. This indicates its capability to provide valuable support in the assessment and decision-making processes related to pavement structure conditions.

Restorative Justice for Users of Narcotics Through Implementation of Depenalization

Restorative Justice is a policy that puts a focus on recovery rather than retaliation. The Restorative Justice implementation, considered more effective in terms of Justice and effectiveness, makes the Restorative Justice policy renewal of the criminal law system in Indonesia. The writing of this article uses a descriptive-analytical research method that prioritizes a normative juridical approach, with the formulation of the problem regarding the role of Restorative Justice as an effort to reform criminal law and the implementation of Restorative Justice as an alternative step in law enforcement for narcotics crimes. The result of this article is that the policy regarding Restorative Justice in its application is an update in law, especially criminal law. Conventional Justice Policies which are considered ineffective in their application are now being updated through the Restorative Justice policy; in addition to the context of the application, which is not only applied within the scope of general criminal law, in Narcotics crimes, a criminal settlement mechanism is also applied using Restorative Justice policies as stated in the Circular Letter of the Supreme Court Number 4 of 2010 concerning Placement of Abuse, Victims of Abuse and Narcotics Addicts into Medical and Social Rehabilitation Institutions (SEMA.4/2010). Rehabilitation of a Narcotics defendant can be carried out if it meets the requirements described in the regulation.

PENANGANAN TINDAK PIDANA KORPORASI TERKAIT PERTANGGUNGJAWABAN TINDAK PIDANA KORUPSI OLEH PT NINDYA KARYA (PERSERO) DITINJAU DARI PERMA NOMOR 13 TAHUN 2016

Corporations as legal entities or subjects can give a major contribution in increasing economic growth and national development, but there are times when corporations commit various criminal acts (corporate crime) that have a detrimental impact on the state and society. In reality, corporations can be a place to hide assets resulting from criminal acts that are not touched by the legal process in criminal liability. The problem of corporate responsibility as a perpetrator of a crime is not a simple matter, considering that a corporation is a legal entity, not a person who can be subject to imprisonment. In addition, the problem also stems from the principle of no crime without error (geen straf zonder schold). Mistakes are known as mens rea or bad intentions that naturally only exist in natural people.
 
 Mens rea is an element that is difficult to prove from a corporation that is considered to have committed a crime, considering that corporations can only take action through the organ of board of directors. Corporations can be considered to have committed a crime based on the actions of the person who supervises the management of the corporation. On December 21, 2016, the Supreme Court stipulates Supreme Court Regulation Number 13 of 2016 concerning Procedures for Handling Criminal Cases by Corporations (Perma No. 13 of 2016). The existence of Perma Number 13 of 2016 has become the basis for law enforcement to be more confident in taking action against corporations that commit criminal acts. This study aims to find out how criminal responsibility can be charged to PT Nindya Karya (Persero) as a perpetrator of corruption and how to apply Perma Number 13 of 2016 in handling corruption cases committed by PT Nindya Karya (Persero).
 
 The method used is normative research. The criminal liability that can be imposed on PT Nindya Karya (Persero) is the principal crime in the form of a fine with a maximum provision plus 1/3 (one third). The determination of PT Nindya Karya (Persero) as a suspect in a criminal act of corruption is a concrete step in law enforcement in Indonesia in ensnaring corporations as perpetrators of criminal acts. This determination is a breakthrough in law enforcement, especially for the Corruption Eradication Commission (KPK) after the issuance of Perma No. 13/2016 which can be used as a guide in the implementation of handling corporate crimes.

Passivity assessment and enforcement utilizing eigenpairs information

Rational models can be a cause of unstable time domain simulations if they are non-passive. One commonly applied method for ensuring model passivity is to combine a passivity assessment step with a passivity enforcement step in an iterative loop where the model's residue matrices are updated in each pass. This paper shows a new variant of such scheme that is computationally more efficient than an existing one. The advantage is achieved by transferring eigenpairs information between the two steps, rather than frequency samples where passivity violations exist. This leads to fewer inactive constraints in the constrained least squares problem associated with the passivity enforcement step, and thereby faster solving. The new approach is combined with the residue perturbation method known as RP-NNLS for maximum performance. The resulting procedure is demonstrated for the modeling of components with many terminals, a white-box transformer impedance matrix, grounding mat admittance matrix, and a black-box transformer model obtained via frequency sweep measurements.

Towards achieving better corporate governance in Nigeria: Assessing the legal framework of shareholders’ enforcement role

The risk that directors may act in ways that are contrary to their duties is always present. One of the legal responses is to ensure that shareholders are statutorily positioned to take steps that would ensure that the opportunistic behaviours by the directors are met with punitive consequences. In spite of this, corporate failures or near corporate failures in Nigeria are recurring decimals in Nigeria’s corporate equation. It is on this premise that the ability of shareholders to take enforcement steps is reviewed. The paper reviews relevant statutory provisions and whether there are inherent gaps that impact shareholders’ position.

Risk assessment influencing factors for Arabian construction projects using analytic hierarchy process

Risk management is an approach of recognizing, classifying, analyzing and assessing of all risks in any project and is an important step for project success. Therefore, it is important to analyze and study parameters of construction risks. Numerous methods had developed to support project managers and contractors for risk management in construction. Applications of these methods enabled project managers to avert potential problems. “AHP” Analytic Hierarchy Process was discovered by Saaty (1980), and it had been studied with “MCDM” Multiple Criteria Decision Making; in this paper, AHP was used to normalize uncertainty estimates and rank risk likelihood occurrence which occurs specifically in construction projects in Egypt and Saudi Arabia during bidding and construction phases. The AHP enforcement steps had been simplified through “ECS” Expert Choice Software that is available for its fulfillment. A questionnaires survey was conducted to get opinion of experts for their priorities on most likely risks, which occur in Arabian projects, the answers were used to make pairwise comparison between all risks parameter, then AHP is applied to normalize uncertainty estimates and rank the risk likelihood occurrence. Results show project stakeholders believe that risk from financial as maximum likelihood occurrence of the construction projects. Design risk was the highest second rank most likelihood occurrence after financial risk. Political and construction risk was of the third rank.

The Effects of Law Through Actions of Inspections

Regulated phenomena in changing environments are difficult to manage. Their complexity is many times higher that can usually be embraced in the conventional ways public administrations prepare draft statutes, adjudicate and control other people. The same or even more stands for inspections as public bodies that directly see “regulations in action”, how asymmetries between regulation and implementation arise. Inspection is in the context of executive tasks despite its age a relatively new and poorly understood element of regulatory policies. This paper claims that regulation and enforcement are two sides of the same coin: only “regulation-enforcement” (feed-in) and “enforcement-regulation” (feedback) are the “eyes and ears” of effective regulation. Without the latter, when rules are realistic and adequate for a given context, no amount of enforcement will make unrealistic rules work. At the same time, without the properly administrated enforcement steps, focused on the risk-analysis, risk-management (risk-based strategic planning), monitoring and sufficient resources, no amount of otherwise good regulation will provide expected results.

Commutation and Intensification of Judicial Punishment after Award Issuance in Procedure Code of Iran

Punishment commutation is one of issues considered by legislature in different periods. In Islamic Penal Code approved in 2013, this issue is also addressed by legislature and some conditions and regulations are considered for it. In total, the attitude of Articles 37 and 38 of Islamic Penal Code approved in 2013 is more clear, transparent and organized than Penal Code approved in 1991. Seemingly, Islamic penal Code 2013 has chosen a better approach than Islamic Penal Code 1991 to address punishment commutation issue and it is closer to Law of European countries. Islamic Penal Code approved in 2013 expresses cases related to punishment commutation or exemption from it in detail through Articles 37, 38, and 39; also, Ta’zir punishments are divided into eight degrees in Article 9, which is a creative manner. It is legislated by New Criminal Procedure Code and other new rules through new Articles, the final award can be deviated or defendant can be exempted even after award issuance and its sentencing at the award enforcement step. In this case, some conditions are considered as follows: good manner or lack of good manner, commitment of crimes that had been enforceable before but have not been prosecuted still (multiplicity of offenses) or crimes that their final award is issued without any influence on punishment of sentenced person. Commutation or intensification of judicial punishment, which the subject of this research, is distinguished from commutation or intensification of legal punishment and only reduction or increase in punishment, with any level, can be case of commutation or intensification because the criterion for punishment commutation or intensification is the punishment contained in awards not the legal punishment addressed by legislature.

Empowerment, Defiance, and Demise: Jews and the Blood Libel Specter under Stalinism

By examining different cases of blood libels that occurred from the 1920s through the decade following Stalin’s death, this study suggests that the ritual murder accusation in the Soviet Union dwindled at first, then intensified, and eventually underwent an idiosyncratic and secular metamorphosis that culminated with the 1953 “Doctors’ Plot” accusation: the denunciation of a group of prominent and predominantly Jewish doctors for allegedly conspiring to murder Soviet leaders. While the blood libel was generally prosecuted in the interwar period, in the postwar years it was usually ignored, though perhaps indirectly encouraged. Jews—as well as local authorities—reacted in a variety of ways to allegations of ritual murder. But overall, it was the status, power, and influence that Jews held in a given city or town at the time of a concocted accusation that determined their responses to the blood libel and that shaped the legal provisions and enforcement steps taken by the party, police, and civil authorities.

A Next Step in Debt Enforcement: the Merger of Debt Help and Debt Collection

Since the 1990s, each Member State of the European Union designed a policy that infused the liberal American fresh start policy into its own social institutions and legal culture. Especially in countries with a civil law tradition, the legal position of the consumer has improved. The paradigm of lifelong liability of debts has been replaced by a form of limited liability. Discharge of debts has established itself as a firm legal principle in all European jurisdictions. In most European countries, the new approach consists of a combination of legal and extrajudicial instruments. Under the umbrella of the courts, social workers, trustees, and administrators perform a broad range of activities in monitoring and helping debtors. The so-called new-chance approach has dramatically changed the playing field amongst debtors and creditors. The new legal equilibrium worked rather well in most European countries in the 1990s and 2000s. However, the systems are obviously far from perfect as almost all European governments are still fine-tuning their laws. Recently, two innovations have appeared on the European stage: Some Nordic countries have opted for a centralized state-controlled enforcement system, while in the UK, commercial debt management plans were developed, mainly by commercial suppliers. In 2005, the US Bankruptcy Code was changed in favour of the creditors. The 2008 credit crunch and its aftermath present a window of opportunity for the next step in the modernization of debt enforcement policy. I will suggest a merger of the fields of debt relief and debt collection, with a pivotal role for independent trustees.

A Hybrid Measurement Approach for Wideband Characterization and Modeling of Power Transformers

This paper describes a hybrid procedure for wideband characterization and modeling of power transformer behavior from frequency sweep measurements. The approach is based on measuring corresponding sets of voltage and current vectors that are associated with short circuit and open circuit conditions. These vectors are stacked side-by-side in two matrices which are used for computing the short circuit admittance matrix. This hybrid approach is shown to give more information about the transformer behavior than the traditional approach of measuring the admittance matrix directly under short-circuit conditions, which tends to corrupt the small eigenvalues associated with open-circuit conditions. From the obtained admittance matrix, a pole-residue model is extracted via vector fitting and passivity enforcement, thereby giving a model ready for EMTP simulation. The accuracy of the small eigenvalues is retained by using a modal formulation in the fitting and passivity enforcement step. Application to a distribution transformer shows that the hybrid approach can greatly improve the accuracy of time-domain simulations involving high-impedance terminations.

Fast Passivity Enforcement for S-Parameter Models by Perturbation of Residue Matrix Eigenvalues

Rational macromodels must be passive in order to guarantee a stable simulation. This paper introduces a fast approach for enforcing passivity for S-parameter based pole-residue models, using a similar method previously introduced for Y-parameter models. The approach is based on perturbing the elements of the residue matrices with the perturbed residue matrix eigenvalues as free variables. This gives large savings for the CPU time and memory requirements. The implementation does not require sparse computations. Combining the passivity enforcement step with iterations and fast passivity assessment via a half-size test matrix gives a globally passive model. Error control strategies are implemented via least squares weighting. The approach is demonstrated for a two-port microwave filter, a four-port interconnect, a 48-port low-order package model, and a 28-port high-order package model.

Fast Passivity Enforcement for Pole-Residue Models by Perturbation of Residue Matrix Eigenvalues

Rational models must be passive in order to avoid unstable time domain simulations. This paper introduces a fast approach for passivity enforcement of pole-residue models. This is achieved by perturbing the eigenvalues of the residue matrices, as opposed to the existing approach of perturbing matrix elements. This leads to large savings in computation time with only a small increase of the modeling error. This fast residue perturbation (FRP) approach is merged with the modal perturbation technique, leading to fast modal perturbation (FMP). Usage of FMP over FRP achieves to retain the relative accuracy of the admittance matrix eigenvalues. A complete approach is obtained by combining the passivity enforcement step with passivity assessment via the Hamiltonian matrix eigenvalues and a robust iteration scheme, giving a guaranteed passive model. Application of FMP to a six-port power transformer shows that the approach is able to remove large out-of band passivity violations without corrupting the in-band behavior. This is shown to mitigate an unstable simulation. The approach is also demonstrated for a high-speed interconnect and a transmission line.

THE PERCEIVED SIZE OF SMALL BUSINESS BANKING MARKETS

Definition of markets is fundamental to any analysis of competition and is the first step in enforcement of antitrust statutes. In the banking industry, geographic market definitions have been the subject of considerable discussion in recent years. This paper utilizes a survey conducted by the National Federation of Independent Business Research Foundation in 2001. The survey asked a variety of questions relating to American small businesses' experience with financial institutions, including a question asking how many banks were in the market area where the small firm did most of its business. Using the zip code of the survey respondent, this answer was compared with the number of banks in the same county, in the same metropolitan area, or in the local banking market as defined by the Federal Reserve. The results show that both urban and rural markets as perceived by small businesses are considerably smaller than markets as defined by either the US Department of Justice or the Federal Reserve.