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1 – 10 of 381The purpose of this paper is to investigate the practices of information and communication technology (ICT) in modernizing the courts. In this context, this paper focuses on the…
Abstract
Purpose
The purpose of this paper is to investigate the practices of information and communication technology (ICT) in modernizing the courts. In this context, this paper focuses on the usage of ICT in the Nepali judiciary system involving both judicial and court administration to automate judicial activities.
Design/methodology/approach
A narrative case study was conducted to identify the current status of technology in the judiciary system concerning court automation and administration. The information was gathered from justice, case registration officer, bench officer and admin personnel.
Findings
This study shows that technological intervention is made in the Nepali judiciary to automate judicial activities. The judicial activities, such as case registration, case automation, case hearing, the decision of cases and cause list, are of high priority and are managed through case management software. Furthermore, it demands an innovative learning environment within the judiciary to strengthen the capacity of the employees of the judiciary in the field of ICT.
Research limitations/implications
This study anticipates the participant’s perception and practical aspects of technology to modernize the courts to provide better and more effective service to its stakeholders. This study carried out the perceptions of the justice, bench officer, case registration officer and admin personnel. The voice of the other stakeholders was not carried out.
Practical implications
This paper establishes the practical aspects of ICT in modernizing the courts to provide better services to its stakeholders. It also replicates the status of ICT in the Nepali judiciary.
Originality/value
This paper tries to establish the practical implications of ICT along with its importance in the judiciary of Nepal.
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Barbara Pernici, Carlo Alberto Bono, Ludovica Piro, Mattia Del Treste and Giancarlo Vecchi
The purpose of this paper is to show how data mining techniques can improve the performance management of the judiciary, helping judges in steering position with specific and…
Abstract
Purpose
The purpose of this paper is to show how data mining techniques can improve the performance management of the judiciary, helping judges in steering position with specific and timely measures. It explores different approaches to analyse the length of trials, based on the case of an Italian judicial office.
Design/methodology/approach
The paper presents a temporal analysis to compare the timeliness of trials, using data and process mining approaches with the support of a specific software to represent graphically the results. Data were gathered directly from the office data base, improving precision and the opportunity to monitor specific phases of the trials.
Findings
The results highlight the progress that can be reached using data mining approaches to develop performance analyses helping courts to correct inefficiencies and to manage the personnel distribution, overcoming the critical comments arisen against traditional KPI (Raine, 2000). The work proposes a methodology to analyse cases deriving from different juridical matters useful to set up a performance monitoring system that could be diffused to different courts.
Research limitations/implications
The limitations of the research regard the analysis of a selected, limited number of cases in terms of judicial matters.
Practical implications
Data mining techniques can improve the performance management processes in providing more accurate feedback to the judicial offices leaders and increasing the organisational learning.
Social implications
The performance of the judiciary is one of the relevant issues that emerged in the recent decade in the field of public sector reforms. Several reasons explain this interest, which has gone beyond the specific legal disciplines to involve public policy, management, economics and ICT studies.
Originality/value
Considering the literature on the judiciary (Visser et al., 2019; Di Martino et al., 2021; Troisi and Alfano, 2023) the contribution differs as both the methodological approach and the predictive analysis considers the intrinsic differences that define cases belonging to different juridical matters performing a cross-sectional analysis, with a specific focus of process variants.
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Separately, the government is locked in a battle with county administrations that are demanding increased funds. Together, devolution and a resolute judiciary are complicating…
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DOI: 10.1108/OXAN-DB285135
ISSN: 2633-304X
Keywords
Geographic
Topical
Patrizio Monfardini, Silvia Macchia and Davide Eltrudis
Knowledge-intensive public organizations (KIPOs henceforth) rely heavily on knowledge as the primary resource to provide public services. This study deals with a specific kind of…
Abstract
Purpose
Knowledge-intensive public organizations (KIPOs henceforth) rely heavily on knowledge as the primary resource to provide public services. This study deals with a specific kind of KIPO in the judiciary system: the courts. The paper aims to explore the court’s managerial and organisational change resulting from the national recovery and resilience plan (NRRP) reform in response to Covid-19, focussing on how this neglected KIPO responds to change, either by showing acts of resistance or undergoing a hybridisation process.
Design/methodology/approach
The paper adopts a qualitative research design, developing an explorative case study to investigate the process of a court’s managerial and organisational change caused by NRRP reform and to shed light on how this neglected KIPO reacts to change, showing resistance acts and developing the hybridisation process. Thirty-one interviews in six months have been conducted with the three main actors in Courts: judges, clerks and trial clerks.
Findings
The paper shows that in this understudied KIPO, judges fiercely resist the managerial logic that decades of reforms have been trying to impose. The recent introduction of an office for speeding up trials (Ufficio Per il Processo (UPP)) was initially opposed. Then, the resistance strategy changed, and judges started to benefit from UPP delegating repetitive and low-value tasks while retaining their core activities. Clerks approached the reform with a more positive attitude, seeing in UPP the mechanism to bridge the distance between them and the judges.
Originality/value
Considering their relevance to society, courts must be more addressed in KIPOs' studies. This paper allows the reader to enter such KIPO and understand its peculiar features. Secondly, the article helps to understand micropractices of resistance that may hinder the effectiveness of managerial reforms.
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Leonardo faces a range of corruption and nepotism allegations and has been subject to widespread criticism and protest within the judiciary. The anger against Leonardo reflects…
Details
DOI: 10.1108/OXAN-DB283011
ISSN: 2633-304X
Keywords
Geographic
Topical
Sisira Dharmasri Jayasekara, K.L. Wasantha Perera and Roshan Ajward
The purpose of this paper is to discuss how agency conflicts between people and main government organs affect the combatting ability of white-collar money laundering in an…
Abstract
Purpose
The purpose of this paper is to discuss how agency conflicts between people and main government organs affect the combatting ability of white-collar money laundering in an emerging economy.
Design/methodology/approach
This paper uses a qualitative design under the philosophy of interpretivism. The case study research strategy is used inductively to investigate how structural limitations affect white-collar money laundering.
Findings
This study reveals that serious agency conflicts exist between public and main government organs which are detrimental to the rights of people to enjoy a crime-free society. First agency conflict of people and legislature intensifies as a result of limited understanding of the legislature and failure to take precautionary actions to develop an anti-money laundering and countering the financing of terrorism (AML/CFT) regime with evolving global standards. This delay has resulted in identifying Sri Lanka as a deficient AML/CFT regime twice. The second conflicts arise between people and the executive which is a serious conflict due to misuse of statutory power and failure to perform duties. The independence and integrity of administrative authorities who perform executive functions were inherent problems of implementing a sound AML/CFT regime. Lack of monitoring, nonavailability of an independent audit and inappropriate reporting channels were other encouraging factors of administrative organs to misuse statutory power. The third conflict between people and the judiciary was not intensified because the function was not so exposed to create agency conflicts. After all, an adequate number of cases had not proceeded to the judiciary due to inherent limitations as a result of intensified first two agency conflicts. The agency conflicts have intensified over the years and AML/CFT regime has been ineffective as a result of limited influence and understanding of the principal, people. Therefore, the principal has to influence the agents to make reforms in the AML/CFT regime to make the country a white-collar crime-free country.
Research limitations/implications
This study uses a case study strategy to assess the context of Sri Lanka as an emerging economy. It is recommended to take into consideration the contextual facts when the findings are applied to other jurisdictions.
Originality/value
This paper is an original work of the authors which discusses how agency conflicts arise between people and three main government organs in implementing a sound AML/CFT regime in Sri Lanka as an emerging economy.
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Benavides is accused of heading up a ‘criminal organisation’ that used its influence over Congress to manipulate appointments to key state institutions, confirming fears about the…
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DOI: 10.1108/OXAN-DB283817
ISSN: 2633-304X
Keywords
Geographic
Topical
Meanwhile, junta leader Captain Ibrahim Traore’s increasingly evident desire to hang onto power indefinitely is having dire domestic repercussions, including a muzzled press, a…
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DOI: 10.1108/OXAN-DB285477
ISSN: 2633-304X
Keywords
Geographic
Topical
Zulfia Hanum Alfi Syahr, Novian Uticha Sally and Muhamad Zaky Albana
The electronic judicial consists of applications supporting cases handling until the court makes a legal decision. The electronic judicial will not only include case…
Abstract
Purpose
The electronic judicial consists of applications supporting cases handling until the court makes a legal decision. The electronic judicial will not only include case administration but also be able to accommodate bailiff's services. At the beginning of Covid-19 pandemic, many bailiff's tasks had to be delayed due to the implementation of movement restrictions and lockdowns, thus hampering the execution process. The impact is that a buildup of cases cannot be completed. The purpose of this paper is to integrate the bailiff's service into the judicial digitalization services so that transparency and accountability in the electronic judicial can be achieved.
Design/methodology/approach
The method used is qualitative, with the data collected through in-depth interviews with bailiffs in court. Then it was analyzed through triangulation technique by doing literature studies, discussions and observations.
Findings
This study shows that the bailiff's service needs to be developed and integrated into the electronic judicial in Indonesia, which consists of a case tracking information system, e-court and electronic execution supervision.
Originality/value
This research focuses on bailiff services in Indonesia. The bailiff's assistance in Indonesia must be integrated with applications supporting e-court as electronic judicial in Indonesia. This integration will help solve the case faster in court.
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