Search results

The paper aims to critically evaluate the legal provisions related to Kuwait’s financial disclosure system and whether its anti-corruption measures are sufficient. The hypothesis supposes that there is a possible correlation between Kuwait’s laws and regulations and the disclosure system’s failure to detect illicit enrichment crimes.

This doctrinal and reform-oriented study examined Kuwait’s procedures for assessing public officials’ financial statements and the laws regulating illicit enrichment crimes. The content analysis explored criminal courts’ judgements of these illicit enrichment cases.

Although the disclosure system’s primary role is to detect illicit wealth, the findings suggest that it fails to achieve its primary objective. The findings also highlight the system’s major challenges to suggest possible reforms.

A comprehensive evaluation of the legal provisions within Kuwait’s disclosure system is beyond the scope. To improve the system’s effectiveness, adopting an accessible online platform on which filers can submit their disclosure statements and follow up with a verification process is recommended. Also, requiring interested individuals to physically visit a location where the disclosure information is held can balance protecting officials’ privacy/security and offering individuals the ability to verify the declared information.

To the best of the author’s knowledge, this study is the first to research the possible correlation between the issues in the Kuwaiti disclosure system’s legal provisions and its failure to detect illicit enrichment during major criminal scandals. It is also the first to analyse these legal provisions and present a critical evaluation of their shortcomings.

While there has been the emergence of a substantial body of scholarship on the place of religion and spirituality in social work, the predominant voices in this discourse have primarily been authors from the English-speaking North Atlantic countries. The purpose of this paper is to redress this issue by exploring the impact of other national perspectives.

Using a post-colonial perspective, the author reflects on the issues which emerged in seeking to develop a truly international perspective on religion and spirituality in social work.

There are important historical and contextual differences between countries which influence how social work is practiced, as well as different understandings as to what social work is. These differences are reflected in social workers’ understandings as to how religion and spirituality can be utilised in social work practice. It is also noted that the growing enthusiasm of social workers to embrace religion and spirituality in their practice needs to be tempered by the realisation that religion and spirituality can be harmful in some circumstances.

This paper demonstrates how drawing on a wider range of international perspectives has the potential to enrich social work scholarship and practice.

This paper explores the reasons why Indonesia must have legal regulations to provide protection and guarantees for health workers in carrying out the profession in overcoming corona virus disease (COVID-19). This paper also explains the legal regulations as the foundation for today’s medical workers’ protection. This paper also aims at providing an ideal legal construction that safeguards the rights and obligations of health workers in overcoming COVID-19.

In this paper, the author used qualitative research methods with a socio-legal approach. The data were obtained through literature study and analysis of laws and regulations through the socio-legal method.

Various challenges and professional risks taken by health workers in dealing with COVID-19 derive from several factors, such as shortage of personal protective equipment, ineffective implementation of informed consent from the patients and the negative stigma spreading in the community. Moreover, the current legal regulation has not particularly modulated the protection of health workers, relying only on available articles that are actually irrelevant to be applied in the COVID-19 pandemic.

This research is focused on problems faced by health workers in combating COVID-19 and law concessions to ensure their protection.

The final results of this research will be useful for The House of Representatives (DPR), the Ministry of Health of the Republic of Indonesia (Kemenkes RI) and the Indonesian Medical Association (IDI) in establishing legal and regulatory construction for the protection of health workers in tackling COVID-19.

This research aims at strengthening legal protections for the health workers so that their rights and obligations are well guaranteed.

This paper proposes an ideal legal construction for the protection of health workers during the COVID-19 pandemic, which is currently still not specifically and rigidly regulated, to realize a guaranteed and sustainable life for health workers.

This paper aims to compare and contrast the concept, mechanism and functions of the two socio-economic institutions, i.e. waqf (Islamic trust) and English trust. It endeavours to juxtapose the salient features of waqf and trust with an objective to examine the nature of similarities and dissimilarities between the two institutions.

This paper applies the socio-legal research methodology and uses qualitative paradigm to analyse the literature. The paper is based on a desk-based research.

This paper finds that there is nothing intrinsically rigid in the jurisprudential paradigm of waqf which might impinge upon either the efficiency or effectiveness of the waqf vis-à-vis trust. The main findings of the paper are encapsulated in underlining certain Shariah principles which essentially hold waqf from transforming into a trust-like secular institution.

This paper compares the jurisprudential underpinnings and conceptual frameworks of waqf and trust, and it does not evaluate their efficiency or effectiveness in empirical terms. The underlying socio-economic efficiency and impacts of the two institutions can be examined empirically in separate comparative case studies.

This paper examines and critically analyses the different socio-economic implications that waqf and trust entail for the societies in which they function. This analysis is important for the policy recommendations towards protecting the religious identity of waqf while re-structuring its models.

The main contribution of the paper is encapsulated in the critical analysis of how the paradigms of the two institutions, i.e. waqf and trust, which appear similar in form but differ in the substance, are shaped and governed.

Legal syncretism seeks to provide a rather different account of how laws interact with one another as the people deal with them. The purpose of this study is to provide a rather different account of how laws interact with one another as the people deal with them in the society.

This paper discusses the current concept of legal pluralism as to whether it really holds as the right theory for building a harmonious and trustworthy legal system in a multi-cultural country such as Indonesia. This study involves socio-legal research drawing on empirical data. It discusses the practice of legal pluralism in Indonesia by analyzing the characteristics of her legal system, especially the roles of customs and religion in it.

The research, conducted in five Indonesian cities, reveals that the current proposal of legal pluralism is not really helping to solve the difficulties faced by the Indonesian legal system. Therefore, this paper proposes legal syncretism or the theory of unity in diversity (bhineka tunggal ika) as an alternative to help cope with some of the difficulties faced by many legal systems in developing countries, especially Indonesia.

Although legal pluralism sounds promising, wrong and misleading interpretations have been provided by many of its proponents. Legal pluralism has been touted by many socio-legal scholars as a key concept in the analysis of law. Yet, after almost 20 years of such claims, there has been little progress in the development of the concept. Despite these confident pronouncements and the apparent unanimity that underlie them, however, the concept gives rise to complex unresolved problems. Legal syncretism seeks to provide a rather different account of how laws interact with one another as the people deal with them.

This paper aims to study the Integrated Criminal Justice System; the law enforcement carried out by the Indonesian National Police is expected to be able to realize legal values, namely, legal justice, expediency and certainty.

This research can broadly be grouped into the realm of the socio-legal research approach. The domain of law enforcement in corruption cases is related to the preliminary investigation and full investigation process. The research location chosen is at Indonesian National Police Headquarter (Mabes Polri) and Greater Jakarta Metropolitan Regional Police. The main data sources are stakeholders who are related and have the authority as preliminary phase investigators and full phase investigators. The next informants are determined by snowball technique, which consists of several informants as follows: Director of Special Criminal Investigation Directorate of Greater Jakarta Metropolitan Regional Police, head of Corruption Crime Sub-Directorate of Greater Jakarta Metropolitan Regional Police, investigators of Corruption Crime Sub-Directorate of Special Criminal Investigation Directorate of Greater Jakarta Metropolitan Regional Police, members of Commission III of the Indonesian House of Representatives (DPR), constitutional law experts and police experts. The data in this research are obtained through observation activities, visual interviews, document interpretation (text) and material and personal experience.

The corruption cases handled by the Indonesian National Police have mostly come from information reports from the public. Based on the information report from the community, the preliminary investigation phase is carried out by the preliminary phase investigator of the Indonesian National Police in the field. In addition, a preliminary investigation and full investigation is carried out due to the results of an audit from the BPK or BPKP. Preliminary investigation and full investigation begin after it is alleged that a criminal act of corruption had occurred based on the report, complaints and information received by the preliminary phase investigator or full phase investigator from the community. In conducting the preliminary investigation and full investigation of corruption cases, based on the results of the research conducted, it is also found that the Indonesian National Police’s preliminary phase investigator and full phase investigator experience several obstacles, besides supporting factors that support the success of a preliminary investigation and full investigation.

This research is a case study in which no previous studies have used the same method in Greater Jakarta Metropolitan Regional Police (Polda Metro Jaya). This paper is the result of the researcher’s research on what is described above, guided by the constructivism paradigm, the researcher applies the paradigmatic analysis to understand how the preliminary investigation and full investigation on corruption crimes by Greater Jakarta Metropolitan Regional Police act as part of an integrated criminal justice system. Through the paradigmatic analysis, the researcher then reveals how while upholding the law, the Indonesian National Police actually sought to realize legal justice, expediency and certainty.

This paper aims to explore the contributions that public sector audit through reforms can make in dealing with the issues of occupational fraud in Ghana.

The issues surrounding the Ghana Audit Service (GAS) reports issued to parliament were reviewed using socio-legal methodology. The discussion as well as the theoretical contribution is informed by stakeholder theory.

The findings show matching of irregularities as reported by regular audit reports to schemes of occupational fraud and abuse as well as how the power to surcharge and disallow would serve as a deterrence mechanism in the fight against occupational fraud.

This paper concludes with discussions on specific requirements including the use of fraud investigators and modern forensic techniques in a collaborative effort with guidelines from the Supreme Audit Institution to minimise fraud.

This study, to the best of the authors’ knowledge, is the first to explore the role of GAS in minimising occupational fraud.

This paper seeks to analyse the content and implications of resolution 52/1 of the Commission on Narcotic Drugs of the United Nations (UN) titled “Promoting international cooperation in addressing the involvement of women and girls in drug trafficking, especially as couriers”.

Drawing on socio‐legal analysis and an extensive search of UN databases, the resolution is contextualised and the findings of the resulting report which examines the scale of women's participation in the global drug trade is summarised.

The article demonstrates that the data produced are unreliable as a measure of women's participation in the international drug trade.

It is argued that this resolution is weakened by lack of clarity about how gender ought to be mainstreamed in global drug control.

As the first resolution on women and girls' participation in the international drug trade, Resolution 52/1 is a significant step towards raising awareness and systematically accounting for their participation.

The phenomena of arbitral forum shopping to resolve a commercial investment dispute is still under development and more complicated in many states. However, for Pakistan, it seems in an evolutionary phase, where the country is struggling hard to adopt the best practice of dispute resolution through forum shopping clauses. This struggle is even more inflated with huge Chinese investment through China Pakistan economic corridor (CPEC) projects in Pakistan, which come alongside with commercial investment disputes. For this purpose, the current treaty or contract-based system between China and Pakistan and litigation based domestic civil court structure look obsolete, hence, appear to require reinstatement of forum shopping clauses under concerned treaties or contracts for CPEC investment-related issues.

The authors choose a legal research method. The research design is a comparative analysis between CPEC contracts and dispute resolution mechanism between China and Pakistan and also the domestic civil court’s litigation system. This analysis selected by the authors due to inefficient bilateral investment arrangements and efficient resolution of future commercial disputes in CPEC. While the international arbitration system is included in the assessment were particular in the time and space context. The comparison comprises on dispute resolution clauses in free trade agreement (FTA) and bilateral investment treaties (BIT) between China and Pakistan and the system of resolving disputes by CPEC clauses.

The authors finds that in the absence of CPEC forum shopping clause under dispute resolution system, Pakistan is highly at risk to lose foreign investors, and therefore, set back the goal of long term economic sustainability in the region. However, China has already made its investment policies safer with establishing three international commercial courts (also referred to as Belt and Road courts), one in Xi’an for the land-based Silk Road Economic Belt, one in Shenzhen for the Maritime Silk Road and one in Beijing that will serve as the headquarters. These courts will be offering litigation, arbitration and mediation services. According to one view, China aims to have all belt and road initiative (BRI) disputes resolved by these courts. This makes Pakistan position more awkward and needs proactive measures, as CPEC investment is based on Pakistan foreign direct investment policies and legal structure. Therefore, it will be complicated and less favourable for Pakistan to deal with such cases under Chinese Courts.

The paper’s primary contribution is finding that comprehensive analysis of alternative dispute resolution mechanism between China and Pakistan over CPEC investment is inevitable. A socio-legal research combine with an examination of Singapore International Commercial Court functions and mechanism and CPEC plans further contributes to ascertain the best model of the settlement of commercial disputes under investments in Pakistan. This research paper anticipates future economic and legal problems, which Pakistan may encounter.

The owner of residential long leasehold can be significantly affected by construction operations to the building, whether during its initial construction or its subsequent repair, renovation or improvement. This paper aims to consider how a leaseholder has an interest in such construction operations and the extent to which this is taken into consideration in their procurement.

The paper is a general review of how construction law interfaces with property law interests, rights and obligations in the case of a residential leaseholder. The first part of the paper outlines the issues raised by construction operations. The second part of the paper queries the efficacy of any right of redress the leaseholder might have in respect of construction defects. The third part considers the limited nature of the leaseholder’s right to be consulted about construction operations. The paper is predominantly doctrinal in approach, although it references socio-legal research. The paper also contrasts the English law position with Australia.

The paper concludes that leaseholders have limited input into the procurement of construction operations despite their interest in them. Property law can be used to regulate construction law operations.

To date, the literature dealing specifically with the position of leaseholders, consultation obligations and construction operations has been limited. This paper brings together property law and construction law in analysing the findings of the Hackitt Report into the Grenfell Tower disaster.