Journal of International Trade, Logistics and Law (JITAL - İstanbul Commerce University)
Not a member yet
368 research outputs found
Sort by
Disparity in Sentencing Against Advocates in Indonesia: Minimizing It Through Sentencing Guidelines
No full textPhilosophically, theoretically, historically, legally, and sociologically, the presence of advocates is greatly needed as a balance in the justice system, but some of them commit corruption. The problem is, their punishment causes disparity, due to the existence of vague legal norms and the absence of legal norms. Therefore, the research focuses on, first, the ratio decidendi of punishment for advocates who commit corruption which causes disparity in punishment. Second, the renewal of the concept of punishment for advocates who commit corruption based on legal certainty. This legal research uses a statutory, conceptual, philosophical, and case approach by collecting and processing primary and secondary legal materials as well as non-legal materials that are analyzed prescriptively. The results are, first, the ratio decidendi related to punishment for advocates who commit corruption results in different prison sentences even though there are similarities related to proven crimes, thus proving the occurrence of disparity in punishment which is quite disruptive to the realization of the principle of legal certainty. Theoretically, the discourse on disparity in sentencing in criminal law is not intended to eliminate differences in the magnitude of punishments for perpetrators of crimes, but to reduce the range of differences in sentencing. Second, guidelines for sentencing in corruption cases committed by advocates, for example, bribery or obstruction of investigation, are considered necessary and realistic. Theoretically, guidelines for sentencing advocates who commit corruption do not set aside the independence, independence, or freedom of judges, but are an instrument of control over the performance of judges so that their decisions do not cause disparities in sentencing that are quite disturbing and set aside the realization of legal certainty
Entrepreneurial Rural Fish Trade Growth in Lake Victoria, Tanzania
No full textInvestigation of how entrepreneurial practices affect the growth of fish traders’ enterprises in Lake Victoria, Tanzania was undertaken while adopting a cross-sectional research design. 297 fish traders were reached through a questionnaire. Selection of the sample was proportionately undertaken from the strata of from Magu and Misungwi districts. Adoption of content analysis for the analysis of qualitative data while quantitative data were descriptively analyzed and also logit model was applicable in estimating how entrepreneurial practices contribute to growth of fish traders’ enterprises. The results indicate that market orientation was negative and significant statistically (p = 0.062) and risk-taking was positive and significant statistically (p = 0.002) in contributing to growth of fish traders’ enterprises. Training programmes focusing on inculcating issues concerning risk-taking and market orientation so as to foster sustainable entrepreneurial growth among fish traders’ enterprises
Effect of Electronic Tendering on the Public Procurement Function Efficiency: A Case of Morogoro Municipal Tanzania
No full textGenerally, the study assessed the effect of E-tendering on procurement function efficiency in public sector organizations. The study was conducted in Morogoro municipality where a total of five public organizations were selected for the study. The population consisted of 147 PMU, finance and ICT personnel from the selected organizations of which 108 were sampled. Data was collected though a questionnaire since the study adopted a quantitative approach. The data were analyzed through descriptive analysis as well as multiple regressions analysis to establish a causal relationship between independent and dependent variables. According to the findings of the study, it was revealed that e-tendering has significant effect on the procurement function efficiency Therefore; the study recommends that other studies to focus on other electronic tools in procurement and go beyond the effect of e-tendering on procurement efficiency. Also policies can be made in both public and private sector to enhance the use of e-tendering for better procurement function efficiency
Reclamation and Post-Mining as an Obligation of Mining Business Actors to Protect the Community
No full textCoal is a natural resource contained in the earth, and is controlled by the state for the greatest prosperity of all Indonesian people. State control over coal is stated in Article 33 paragraph (3) of the 1945 Constitution of the Republic Indonesia. Coal is a mining excavation that has great potential in contributing to state foreign exchange, and has an important meaning in improving the welfare of the community. Coal is a non-renewable natural resource, so its management must be based on the principle of caution, transparency and consideration of economic interests and the preservation of environmental functions in accordance with its designation. To realize this principle, mining management must be equipped with a mining business permit, which is attached to the obligation for mining business actors to carry out reclamation and post-mining as an effort to maintain environmental functions in accordance with its designation, and at the same time protect the community from the dangers of former mining excavations
Examining the Influence of Employee Commitment on the Performance of Employees in Education Sector in Local Government Authorities (Lgas) in Tanzania
No full textThis study investigated the influence of employee commitment, specifically focusing on creativity, innovation, and proactiveness, on the performance of employees in the education sector within Local Government Authorities (LGAs) in Tanzania. Utilizing a cross-sectional research design, the study sampled 130 participants—30 management personnel selected through purposive sampling and 100 staff members using simple random sampling. Data were gathered via questionnaires for staff and in-depth interviews with management. Multiple linear regression analysis revealed significant positive relationships between the commitment variables and employee performance. Creativity had the highest impact with an unstandardized coefficient of 4.521 (p = 0.009) and a standardized Beta of 0.612, indicating that creative problem-solving substantially enhances performance. Innovation also significantly improved performance with an unstandardized coefficient of 3.218 (p = 0.020) and a Beta of 0.542, highlighting the importance of encouraging innovative practices. Proactiveness positively influenced performance as well, with an unstandardized coefficient of 2.492 (p = 0.039) and a Beta of 0.498, demonstrating the value of proactive employees. These findings emphasize the need for LGAs to foster a work culture that supports creativity, innovation, and proactiveness to boost employee performance. The study suggests that management should implement strategies such as training programs, recognition of innovative efforts, and opportunities for proactive engagement to enhance overall performance and achieve educational objectives more effectively.
Global Value Chains and Export Growth in Türkiye
No full textWith its emphasis on expanding its role in the global value chain and growing exports, Türkiye has taken important steps towards economic growth. Along the way, Türkiye has recognized that the products it exports need to create more economic value and has faced a number of challenges in this regard. This study examines Türkiye's adaptation to the global value chain and how this adaptation has contributed to the Turkish export growth. Applying the Vector Autoregressive (VAR) Modelling technique and time series data from 1990 to 2018, the study finds that the participation in the global value chain has a positive impact on Türkiye’s export growth in the long run, but in the short run, it can increase its external dependence and create trade imbalances. Moreover, the results show that growth in exports leads to economic growth, and there is a bidirectional causality relationship between the two. Apart from this, innovation, R&D and technology investments through foreign direct investment are seen to strengthen the alignment with the global value chain and support export growth. Based on thses findings, the study concludes that the Turkey's adaptation to the global value chain and its export targets with high economic value can make economic growth sustainable
Cyber Terrorism Prevention from a Legal Philosophical Perspective
No full textResearch Purpose: This study aims to identify the challenges faced in preventing cyber terrorism examined through a philosophy of law lens and to formulate a concept for preventing this crime. Methodology: The study employs a normative legal research method. Main Findings: The response to terrorist offences must be both effective and precisely targeted, because the clear and serious threat posed by this crime can endanger state sovereignty. Eradicating terrorist offences cannot be achieved solely through repressive law enforcement or ―hard approaches; ―soft approaches are also required. When applying a soft approach especially to curb the spread of radical-terrorist ideology in cyberspace prevention must begin by using virtual media to counter that spread. This need sparked the author‘s interest in exploring how preventive measures can be undertaken to avert cyber-terrorism. Practical Application: The findings can serve as a reference for government bodies and prospective researchers interested in tackling cyber-terrorism. Novelty: The study is expected to help the government craft a prevention concept for cyber terrorism
The Role of Delivery Reliability on Port Supply Chain Performance at Zanzibar Port Corporation
No full textDelivery reliability is a critical determinant of port supply chain performance, many developing ports continue to face operational inefficiencies that undermine their competitiveness. Zanzibar Port Corporation, which handles over 95% of the island’s trade, experiences persistent challenges in timely and accurate cargo delivery. These inefficiencies result in delays and reduced customer satisfaction, which negatively affect the overall efficiency and competitiveness of the port supply chain. Guided by the Supply Chain Operations Reference (SCOR) model and Resource-Based View Theory, the current study examined the effects of delivery reliability on port supply chain performance. It focused on key delivery reliability dimensions including on-time delivery, order accuracy and tracking efficiency. A descriptive research design was employed, with structured questionnaires administered to 74 randomly selected port stakeholders. Data were analyzed using descriptive statistics and regression analysis. Findings revealed that on-time delivery (B = 0.718, Beta = 0.783, p = 0.000) and tracking efficiency (B = 0.173, Beta = 0.183, p = 0.022) significantly improve port supply chain performance. while tracking efficiency and order accuracy require improvement. The model showed strong explanatory power (R² = 0.973), meaning delivery reliability dimensions explain most performance variation. The study concludes that while ZPC has effective practices in place, targeted improvements in tracking systems and standardization of operational procedures are necessary to enhance reliability. The findings have practical implications for port managers and policymakers, emphasizing that investments in internal processes and digital infrastructure under the Zanzibar Economy can strengthen supply chain efficiency and support sustainable regional trade growth.
Reconstruction of Council Arrangements in Law Number 17 of 2023 on Health by the Principle of Independence
No full textThe right to health is a Human Right (HAM) as stated in Article 25 of the Universal Declaration of Human Rights. This right shows the importance of a good health system, which can only be realized if regulations are implemented properly. Law Number 17 of 2023 concerning Health (Health Law) affirms the right of every individual to receive health protection, as well as the state's obligation to guarantee the right to a healthy life for its citizens. The Health Law regulates the principles of ethics and professionalism, which are the basis for health services by medical personnel. Reconstruction of the council's independence arrangements based on the principle of Independence includes arrangements regarding the independence of the Council's Organizational Structure; determining the requirements for Council Members who are Free from External Intervention, consisting of elements of civil society, academics, professionals, and health law experts; regulation of Permanent Term of Office; separation of Supervisory Functions by professional organizations, and Guidance by the Council, and Competency Development by Educational Institutions; strengthening of Sanctions and Discipline Enforcement; accountability and Transparency of Council Performance; limitation of the Role of Government and the authority to determine the Code of Ethics and Professional Disciplin
Role of Supply Chain Agility on Service Delivery in Humanitarian-Related Transport Operations: A Queuing Model Approach
No full textThe objective of this study was to examine the role of supply chain agility on service delivery in humanitarian-based transport operations using the queuing model approach. The study was conducted at Tanzania Port Authority (TPA) as a busiest port serving about 90% of the international sea trade. The study utilized secondary data that were obtained from official database of TPA, World Bank and National Bureau of Statistics (NBS). The study adopted simulation-based data under the M/M/1 queuing model and used the Poisson distribution to determine the customer's arrival rate while the exponential distribution was used to determine the service waiting time. RStudio programming software was used to analyze data and give output results. The results indicate that the mean arrival rate is 0.75; traffic intensity is 0.75; the probability of customers in the queuing system is 0.25; and the average amount spent in line is 0.75. The Poisson distribution indicated that the probability of service delivery reached the highest at 3 customers per minute while the Interval Exponential Distribution indicated that when inter-arrival time went longer, the probability also went lower. The study concluded that supply chain agility increases service delivery in performing humanitarian operations. The study has presented a new and original approach in linking these ideas in supply chain perspective in Tanzania. The results from this study imply that agility in supply chain enhances responsiveness in service delivery of humanitarian-related products