Enforcement System Research Articles

Legal Policy of Responsibility For Unlawful Acts of Directors in Managing State-Owned Enterprises

State-owned enterprises (SOEs) play an important role in the Indonesian economy, not only as economic entities but also as agents of social development. SOE directors are responsible for managing the company, including strategic decision-making, human resource management, and risk management. However, they often face various challenges, including political intervention, bureaucracy, and transparency issues. The phenomenon of unlawful acts in the management of SOEs, such as corruption and abuse of authority, is a serious problem that can damage integrity and public trust. This study uses a normative and descriptive analytical approach to examine the legal responsibility of SOE directors in the context of unlawful acts. The study results indicate that firm and transparent legal responsibility is essential to ensure the accountability and sustainability of SOEs. Improvement steps are needed in the supervision and law enforcement system to prevent unlawful acts and improve the integrity and credibility of SOEs as the driving force of the country’s economy.

The current state and international experience in combating organized crime

The scientific article examines the current state of combating organized crime, the problem of international experience. Today, organized criminal groups discuss their illegal actions through corruption and other methods. It is noted that the scale of organized crime is not limited to a specific region, industry, or field of activity, but is expanding into the international space, acquiring new wealth and markets. The quality of countering organized crime depends on many factors. These are the level of economic development, legislative support and the quality of laws adopted, the standard of living of the population, the state of the law enforcement system and the professionalism of its employees, and much more. Identification of weak links in the system of state control in modern conditions and the development of measures to prevent them, taking into account the peculiarities of criminological characteristics of crimes, as well as the development of recommendations based on international experience on their effective suppression.

Legal Issues and Countermeasures in the Application of China’s Particularly Sensitive Sea Areas

The Particularly Sensitive Sea Areas (PSSAs), as a type of area-based management tool, plays an important role in protecting the marine environment and marine ecosystems from the threats posed by international shipping activities. China has large areas that could be applied as PSSAs. However, there are potential problems in the application process, especially in terms of proposal applications and the implementation of routing measures. These problems include the lack of a coordinating body for applications, disputes over the application area, restrictions on relevant protective measures, and changes in the content and procedures of the application. In terms of implementation, these include the lack of domestic legislation on alignment measures, the lack of a clear implementation entity, the imperfect enforcement system, and the lack of technical support. Subsequently, through the analysis of the successful experience of existing particularly sensitive sea areas, solutions to the problems in the application of particularly sensitive sea areas in China are proposed. These solutions include establishing communication mechanisms with neighboring countries, carefully selecting the application area, improving domestic legislation on alignment measures, improving the law enforcement system, and improving law enforcement technology. These targeted recommendations will clear the way for the application of particularly sensitive sea areas in China.

Fenomena “No Viral No Justice” Perspektif Teori Penegakkan Hukum

The phenomenon of "No Viral No Justice" in Indonesia reflects a shift in the way law is enforced because visibility on social media is one of the measures of legitimacy and urgency of legal action. This study aims to analyze the impact of this phenomenon on the law enforcement system. From the perspective of legal sociology, society has social norms that are used as a measure to law enforcement so various legal events that go viral on social media are part of efforts to law enforcement The viral case is a public pressure that can affect the decisions and responses of law enforcement institutions. Through a normative juridical approach, this study analyzes several cases that have gone viral on social media which play a role in accelerating the legal process and creating a sense of justice in society with significant influence. The findings of this study suggest that while social media can serve as a driver of transparency and accountability, reliance on virality can also pose challenges, such as unfair or reactive law enforcement, and the potential for manipulation of public opinion. Therefore, the phenomenon of "No Viral No Justice" demands a critical evaluation of the relationship between law, society, and technology in Indonesia's law enforcement context.

Enforcement of Labour Law Policies Among Civil Servants: A Meta-Analysis Research

Labour policies serve as the foundation for efficient compliance and the enforcement of labour laws. However, the different enforcement strategies and systems lead to challenges for civil servants in enforcing labour laws as well as promoting business compliance among employers. Thus, this study aims to identify the elements of enforcement of labour law policies among civil servants via meta-analysis techniques. This meta-analysis thoroughly examines and synthesises the results of 10 research that were published between 2014 and 2024 to look into how civil servants implement labour laws. The inclusion criteria that determined the selection of the research included factors like the elements of enforcement, geographic coverage across various regions, and significance to labour law enforcement in public sectors. After a qualitative analysis, there are four elements of the enforcement of labour law policies among civil servants can be identified (1) Enforcement and effectiveness of labour law policies, (2) Implementation of standard operating procedures in labour law policies, (3) Knowledge and skills of labour law policies among civil servants and (4) Inspection capabilities among civil servants. The findings furnish evidence-based suggestions for policy enhancements and identify important elements impacting enforcement effectiveness.

Problems of enforcement of court decisions during martial law

The article examines the introduction of martial law in Ukraine, which significantly changed the situation, in particular, in the system of forced execution of court orders, decisions, resolutions, etc. It has been analyzed that enforcement of executive letters, orders, court decisions and resolutions, notary inscriptions is carried out by bodies of the State Executive Service of Ukraine and private executors. It is noted that during the period of martial law, two main legislative acts were adopted, which changed the procedure for introducing executive proceedings. For example, the Law of Ukraine «On Amendments to Chapter XIII «Final and Transitional Provisions» of the Law of Ukraine «On Enforcement Proceedings» dated March 15, 2022 No. 2129-IX and the Law of Ukraine «On Amendments to Certain Laws of Ukraine Regarding Enforcement Activities court decisions, decisions of other bodies and officials during the period of martial law» dated 04/11/2023. It was found that the system of enforcement of court decisions of state bodies, legal entities, and individuals is important for ensuring the implementation of state functions related to the restoration and protection of violated rights. Also, the fact that there are many problematic situations that need to be resolved, for example: technical problems and shortcomings of the system or registers, a more favorable position of debtors than collectors, narrowing of the actions of public and private executors and their remuneration. The enforcement institution underwent changes, but they were temporary and helped to keep our country afloat during martial law. During the period of martial law, court decisions, orders, decrees, orders and resolutions must be implemented and their implementation must be ensured by public and private executors. For the high-quality and effective exercise of their powers, persons and bodies that carry out the enforcement of decisions have administrative powers, in turn, they provide for the possibility of subordinating certain subjects and comply with mandatory prescriptions or orders.

Regulatory and legal framework for the prevention of corruption in the activities of the National Police of Ukraine

The article analyses the legal mechanisms and tools for combating corruption in the system of law enforcement agencies of Ukraine in the National Police. It is determined that corruption remains a serious problem for the democratic development of Ukraine and undermines public confidence in state institutions. This is especially true of law enforcement agencies, on whose activities public order and security depend. The author emphasises the importance of legal acts regulating the work of the police and implementing anti-corruption measures. The author outlines the key problems in anti-corruption activities, including insufficient internal control, imperfect legislative framework and the need to harmonise it with European standards. Particular attention is paid to the role of such documents as the Law of Ukraine ‘On Prevention of Corruption’ and the ethical rules of conduct for police officers, which lay the legal basis for the fight against corruption. The introduction of an electronic asset and income declaration system, control over conflicts of interest, and ethical behaviour of police officers are important tools for preventing abuse. Attention is focused on the role of civil society organizations and the media in shaping public control over the activities of law enforcement agencies. Public oversight and openness of the police are critical for increasing public trust and reducing corruption risks. It was determined that the basis for the formation of anti-corruption policy in the National Police is international standards, as well as laws of Ukraine, which determine the principles of corruption prevention. In particular, the role of special anti-corruption bodies that monitor the implementation of legislation and investigate corruption cases is important. Such cooperation between state institutions allows us to create a more effective and coordinated system of combating corruption. The author concludes that to effectively combat corruption, it is necessary not only to improve the legislative framework, but also to ensure its proper implementation, through training and raising the legal culture of police officers. Only through a comprehensive approach can we achieve a significant reduction in the level of corruption in the law enforcement system and increase its efficiency.

Deep Learning Approach for Suspicious Activity Detection from Surveillance Video

The present generation seeks ways to live their lives free of fear. This often prompts the need for enhanced law enforcement and security systems. Suspicion activity recognition in surveillance footage has become an essential component in modern security systems, focused around the problem of recognizing inappropriate behaviors without too much human time. The advent of deep learning has made an impact in computer vision tasks within such a way the real-time detection by the evaluation of large amounts of video footage becomes realistic. In this context the paper presents a model in which deep learning, particularly Convolutional Neural Networks (CNNs), are utilized for the behavioral pattern recognition from security footage. In addition, it also improves the efficacy of detection and reduces the shortcomings associated with these systems where only the post-event analysis is performed manually or automatically. In this paper, we demonstrate a novel IP model that analyzes live video and performs normal-suspicious–threat triage in real-time. Results indicate the validity of the method in different environmental and illumination conditions. An important objective that this system is designed for is to change the way security is practiced and delivered in today’s intelligent systems providing actionable intelligence and the ability to prevent threats rather than just respond to them making this a high growth opportunity for marketing high-risk and sensitive areas.

The Decentralisation of the DMA’s Enforcement System

Abstract The harmonisation of the internal market is a fundamental aspect of the EU acquis, and the Digital Markets Act (DMA) is no exception. It aims to harmonise digital markets across the Union on the basis of the concepts of contestability and fairness. The DMA is enforced through a quasi-centralised enforcement system, with the European Commission as its sole enforcer and national competition authorities (NCAs) playing a secondary and supporting role in monitoring. The EC’s centralisation of enforcement powers is key to ensuring harmonisation. This paper highlights the potential risks at the national level due to NCA involvement in the enforcement and monitoring of the DMA. While the Regulation does not need to be transposed into national law to be effective, some Member States have introduced legislation specifying which authorities are responsible for enforcement and how they should apply their powers in line with the DMA. The paper examines these legislative developments, revealing potential deviations that undermine the effective enforcement of the DMA and disrupting its current centralised enforcement system.

К ВОПРОСУ О ПРАКТИКЕ ПРИМЕНЕНИЯ ПОЛИТИКО – ВОСПИТАТЕЛЬНОЙ РАБОТЫ В ОРГАНАХ ВНУТРЕННИХ ДЕЛ РОССИЙКОЙ ФЕДЕРАЦИИ

Organization of political and educational work in extreme and special conditions of service is a complex and responsible process. Understanding the importance of this activity and the effective use of appropriate methods and tools are an integral part of ensuring national security and stability in society. This article examines the most pressing problems facing the law enforcement system and arising in the constantly improving realities associated with the emergence of special conditions of service and the possibility of conducting political and educational work in these conditions. The article also touches upon the issue and problems of the lack of methods for conducting political and educational work with personnel in special conditions, as well as issues of legal consolidation of some mechanisms for working in these conditions. The issue of the significance of special and extreme conditions, which to this day remain unfixed in the conceptual and categorical apparatus of the legislator, is considered. The object of the study is the process of organizing political and educational work with personnel in special conditions. The subject of this study will be the content and methods with the help and on the basis of which the methodology for conducting political and educational work is formed. The purpose of examining this issue will be to analyze the practice of applying political and educational work in the Russian Federation's Internal Affairs Bodies in order to identify its current problems, effective methods and areas for improvement by developing a memo on organizing political and educational work with the personnel of the Internal Affairs Bodies in special service conditions.

Legal regulation of police organization and operations: European experience

The article examines the challenges of applying European experience in legal regulation of police organization and activities to Ukrainian legislation in the context of European integration processes. The author analyzes the current state of reforming the National Police of Ukraine, identifying key problems and challenges in implementing European standards in law enforcement activities. The paper discusses key aspects of adapting national legislation to European Union norms, particularly in human rights protection and public safety. Special attention is paid to analyzing the Law of Ukraine “On National Police” for compliance with international standards of police accountability and public oversight mechanisms. The author identifies main obstacles to effective implementation of European experience in Ukrainian police activities. These include insufficient regulation of public control mechanisms, lack of ratification of important international documents, the need to improve information and analytical support, and overcoming the “force-based” model in favor of a “service-based” approach. The article emphasizes the need to transform not only the legislative framework but also the mindset of police officers and society as a whole. It examines the implementation of new forms of policing, such as patrol police and dialogue police, as well as the application of modern technologies and analytical methods. Special attention is paid to anti-corruption issues in the law enforcement system and ensuring proper resource support for police activities, especially under martial law conditions. The author emphasizes the importance of further improving the regulatory framework to ensure effective protection of citizens’ rights and freedoms, increasing police transparency, and strengthening public interaction. The conclusions emphasize the need for a comprehensive approach to reforming Ukraine’s law enforcement system, considering European experience while taking into account national specificities and current challenges facing the country.

Информационная гигиена как фактор успешной профессиональной деятельности сотрудников уголовно-исполнительной системы

The article examines the issues of information hygiene as a factor of successful professional activity of employees of the penal correction system in the context of digital transformation. The insufficiency of research on information hygiene in the psychology of professional activity of specialists is emphasized. Information (digital) hygiene is a certain set of norms and rules that ensure optimal interaction with information of various kinds, which, in turn, ensures the preservation of professional health, personal resources, professional and personal identity and is one of the factors of success of professional activity in the context of digital transformation. Recommendations on the observance of information hygiene in the official activities of employees of the penitentiary system are given. The directions of the official activity of employees of the penal enforcement system in which the use of information hygiene is significant are highlighted: interaction with various information tools and software service products; organization of interdepartmental electronic interaction with law enforcement agencies and other federal executive authorities; information support for the activities of the Federal Penitentiary Service of Russia; information security and protection of information resources of the Federal Penitentiary Service of Russia; implementation of various projects of digital transformation of the Federal Penitentiary Service of Russia. Two approaches are proposed in training to improve the level of development of digital hygiene by employees of the penitentiary system: within the framework of higher and additional professional education. Considering information hygiene as a complex professionally important quality and a factor of successful performance of employees of the penal enforcement system, it is quite natural that these aspects can serve as the basis for taking into account and developing criteria for the success of professional activity in the future, an expanded description and characterization of generalized labor functions of professional standards by position, clarification of occupational and psychograms, optimization of procedures for professional selection and professional certification of employees of the penitentiary system in the dynamics of the professional path.

The family policing industrial complex: The shadow carceral state in sites intended for the support of families

The US criminal punishment system, undergirded by carceral logics that center retributive punishment for all measure of offenses, has extended far beyond the walls of formal institutions of incarceration as a shadow carceral state, including into the institution of the family. Families, particularly those of color and who are low-income, face these carceral logics in systems expected to provide support and services, but that often reinforce and reproduce the criminal punishment system's structural violence and retributive responses. We contribute to the understanding of the carceral state's impact on families by conceptualizing the family policing industrial complex through a synthesis of the carcerality experienced by families in two sites—the immigration system and the child support enforcement system. We conclude by calling for the abolition of this complex, exploring transformative justice-oriented remediations of its harm found in various alternative responses to policing families.

Europe’s legal revolution and France’s Article 49-3: the constitutional audacity of Robert Lecourt

Abstract The European Legal order, created by the European Court of Justice [ECJ], is an astonishingly effective treaty enforcement system. Previous explanations of its ‘transnational’ or ‘constitutional’ development have focused on the politics of judicial networks, and the wider political and economic context of postwar European democracy. Judicial biography has been almost entirely overlooked, even in the case of Robert Lecourt, widely acknowledged as the leading judge in the Court’s revolutionary period. Unknown to research on the ECJ, however, Lecourt had already spearheaded the adoption of the famous Article 49-3 of France’s 1958 Constitution. This paper demonstrates that the constitutional doctrines of European law and Article 49-3 were in fact premised on a similar ideology, that the pursuit of ‘effectiveness’ may require unprecedented restrictions on the traditional law-making role of national parliaments. Those were the constitutional values of the judge that, more than any other, built the foundations of the European legal order.

EU’s AI Regulation Approaches and Their Implication for Human Rights

The rapid development of Artificial Intelligence (AI) technologies presents significant opportunities, but also introduces critical challenges, particularly concerning the protection of human rights. In response, the European Union (EU) has developed comprehensive AI regulations, most notably the AI Act, positioning itself as a leader in global AI governance. However, questions remain regarding the effectiveness of these laws in safeguarding key human rights such as privacy, equality, autonomy, and freedom. This study aims to assess the sufficiency of the EU’s current AI regulations in protecting human rights, analyze the specific impacts of AI technologies on privacy and equality, and explore emerging legal trends in AI regulation within the EU and their broader global implications. Utilizing a mixed-method approach, this research integrates legislative analysis, comparative research, scientific forecasting, and interdisciplinary inquiry. The study critically examines the provisions of the AI Act and other relevant EU regulations, comparing them with international legal frameworks to identify gaps and future challenges. The findings reveal that, while the EU’s AI regulations offer foundational protections, there are significant deficiencies in addressing complex issues such as privacy, algorithmic bias, and transparency, particularly in high-risk areas like healthcare, law enforcement, and autonomous systems. The study also highlights that existing regulations are inadequate in managing the rapid integration of AI technologies across sectors and that marginalized groups are especially vulnerable to the risks posed by algorithmic decision-making systems. Furthermore, the EU’s AI regulatory framework is poised to become a global benchmark, but there is an urgent need for more adaptive and flexible legal mechanisms to keep pace with the dynamic nature of AI advancements. In conclusion, the study emphasizes the need for legal reforms to bridge the current gaps in privacy protection and address algorithmic bias, ensuring the robust protection of human rights in the age of AI.

A Causal Framework to Evaluate Racial Bias in Law Enforcement Systems

We are interested in developing a data-driven method to evaluate race-induced biases in law enforcement systems. While recent works have addressed this question in the context of police-civilian interactions using police stop data, they have two key limitations. First, bias can only be properly quantified if true criminality is accounted for in addition to race, but it is absent in prior works. Second, law enforcement systems are multi-stage and hence it is important to isolate the true source of bias within the "causal chain of interactions" rather than simply focusing on the end outcome; this can help guide reforms. In this work, we address these challenges by presenting a multi-stage causal framework incorporating criminality. We provide a theoretical characterization and an associated data-driven method to evaluate (a) the presence of any form of racial bias, and (b) if so, the primary source of such a bias in terms of race and criminality. Our framework identifies three canonical scenarios with distinct characteristics: in settings like (1) airport security, the primary source of observed bias against a race is likely to be bias in law enforcement against innocents of that race; (2) AI-empowered policing, the primary source of observed bias against a race is likely to be bias in law enforcement against criminals of that race; and (3) police-civilian interaction, the primary source of observed bias against a race could be bias in law enforcement against that race or bias from the general public in reporting (e.g. via 911 calls) against the other race. Through an extensive empirical study using police-civilian interaction (stop) data and 911 call data, we And an instance of such a counter-intuitive phenomenon: in New Orleans, the observed bias is against the majority race and the likely reason for it is the over-reporting (via 911 calls) of incidents involving the minority race by the general public.

PENEGAKAN HUKUM PIDANA PENYALAHGUNAAN NARKOTIKA SEBAGAI PELAKU PENGEDAR

Enforcement of criminal law against drug abuse by traffickers is a crucial issue that continues to receive attention from the government and society. This research aims to analyze the monitoring mechanisms applied to drug abuse cases, especially if they involve drug dealers. The methodology used in this research includes a normative legal approach with analysis of applicable laws and regulations, as well as case studies of related court decisions. The survey results show that although various law enforcement efforts have been carried out, there are still several challenges that hinder their effectiveness, such as limited law enforcement resources and lack of coordination between related institutions. This study recommends increasing training and law enforcement capacity, as well as increasing cooperation between agencies to strengthen efforts to eradicate drug trafficking. It is hoped that this research can contribute to improving the criminal law enforcement system in Indonesia, especially in handling drug addiction cases.

The efficient enforcement challenge of secured transactions law reforms in civil law systems—self-help repossession, strict foreclosure, and other methods for the acceleration of enforcement of security interests

Abstract Although the forging of an efficient system for enforcement of security interest is one of the central expectations of secured transaction law reforms in civil law systems, the results hardly give reason for satisfaction. As the reforms tend to be supported and influenced by various international organizations’ projects (especially the World Bank, the European Bank for Reconstruction and Development, the International Institute for the Unification of Private Law, and the United Nations Commission on International Trade Law), most out-of-court methods of enforcement of security interests have played a central role. Yet due to civil law’s general hostility towards self-help as such, either the introduction of the concept has been rejected or the local limited-reach kin have been merely ‘paper tigers’. Similarly, although security interests on several types of collateral (accounts, investment property) or on the workhorse of the English financial system—the floating charge—have also been enforced extrajudicially (save the exceptions), little attention has been attributed to these enforcement modalities. The same applies to strict foreclosure in civil law systems still being prohibited, or restricted, and thus rarely resorted to, due to the inherited hostility towards the doctrine of lex commissoria. Rethinking local laws on preliminary and temporary court orders to match them with such globally known ex parte preliminary measures as the English Mareva Injunction or the French Saisie Conservatoire, which allow creditors to swiftly freeze debtors’ assets and thus substitute self-help repossession, has also been given short shrift. The enforcement segment, consequently, remains the Achilles’ heel of secured transaction law reforms in civil law systems. This article desires to contribute to reform literature by addressing these deficiencies and by offering tested, fully or partially fitting, functional equivalents of self-help repossession.

Comprehensive guide to tobacco control policy implementation

Background: Tobacco use remains one of the leading causes of preventable death and disease worldwide. Effective tobacco control policies are essential in mitigating these health risks. The Framework Convention on Tobacco Control (FCTC), adopted by the World Health Organization (WHO) in 2003, provides a comprehensive framework for implementing evidence-based tobacco control measures globally. This project aims to develop and implement robust tobacco control policies to reduce tobacco consumption and its associated health risks. Methods and Materials: The project involved a comprehensive review of existing tobacco control policies, data collection on tobacco use and related health outcomes, and the development of a multi-sectoral task force. Key strategies included setting clear goals, stakeholder engagement, public awareness campaigns, and the drafting of legislative and policy documents. Implementation mechanisms such as enforcement and evaluation systems were also established to ensure compliance and measure the policy's impact. Results: The implementation of the tobacco control policies resulted in a significant reduction in smoking prevalence and exposure to secondhand smoke. Public awareness of the health risks associated with tobacco use increased, and there was enhanced support for smoking cessation services. The project also identified best practices and strategies that can be adopted by other regions to achieve similar outcomes. Conclusion: This project highlights the importance of comprehensive research, effective coordination, and well-planned implementation in developing and executing tobacco control policies. The findings and recommendations presented serve as a valuable resource for policymakers and public health professionals aiming to reduce smoking rates and protect public health. Continued collaboration and adaptation of these strategies are essential for sustaining the progress made in tobacco control.

Law enforcement bodies in the mechanism of functioning of state power

It is noted that in a modern democratic society, law enforcement agencies play a key role in ensuring legality, law and order, and the safety of citizens. They are an integral part of the mechanism of functioning of state power, acting as a tool for implementing the legal policy of the state and protecting the constitutional rights and freedoms of citizens. A special place in the system of law enforcement agencies is occupied by the police, which is on the front line of interaction between the state and citizens in the sphere of law enforcement. The police, as the central element of the law enforcement system, has a wide range of powers and responsibilities, covering crime prevention, crime investigation, public order and security. The article examines the role of law enforcement agencies, particularly the police, in ensuring legality, law and order, and the safety of citizens in a modern democratic society. Special attention is paid to the analysis of legal, organizational and technological aspects of police activity in the context of growing challenges such as cybercrime, international terrorism and organized crime. The functions of the police as a key element of the law enforcement system, its interaction with other state bodies and society are considered. The author emphasizes the importance of reforming the law enforcement system of Ukraine to meet international standards and growing social needs. It is noted that the functioning of the police in a democratic society should balance between ensuring security and protecting the rights and freedoms of citizens. Particular attention was paid to the need to improve the legal and organizational mechanisms of police work, which ensure their accountability to society and compliance with the principles of the rule of law. The article also raises questions regarding the legal definition of law enforcement agencies and their functional role in the modern state, the problems of normative and legal regulation of their activities. The importance of creating an effective system of police control and accountability in the context of democratic transformations taking place in Ukraine is discussed.