Journal of International Trade, Logistics and Law (JITAL - İstanbul Commerce University)
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The Effects of Auditors’ Credibility and the Implementation of Audit Recommendations in Enhancing Procurement Performance in Tanzania
No full textThe purpose of this study was to explore the impact of auditors’ credibility and the implementation of audit recommendations in enhancing procurement performance in Tanzania. The study adopted a cross-sectional research design. Both probability and non-probability sampling techniques were employed to obtain a sample size of 132 respondents drawn from four Local Government Authorities (LGAs). Data were collected through questionnaires, documentary review, and interviews. Data were analyzed using content analysis, descriptive analysis, and multiple regression analysis. On one hand, study findings revealed that LGAs do not provide sufficient training to internal auditors on procurement-related matters, internal auditors are not fully independent in discharging their duties, and there is a knowledge gap among auditors in terms of their professionalism and understanding of procurement laws and regulations. On the other hand, the study revealed inefficient implementation of procurement audit recommendations, staff implicated for procurement malpractices are not punished accordingly, and audited organizations do not train their staff to bridge the knowledge gap identified by auditors. Moreover, there is infrequent monitoring of LGAs through auditing. This study is limited in terms of scope as it covered four LGAs out of 184 in Tanzania. Hence, these findings can’t be used to generalize to all LGAs. Auditors should be updated on procurement matters and be independent both financially and in their reporting structure. Also, audited entities should be committed to implementing all issued audit recommendations. This paper is an excerpt of the Master's dissertation and adds value to the public on the continued unsatisfactory procurement performance of audited Procuring Entities despite frequent auditing and recommendations issue
Economic Analysis of Contract Law: How the Eyes of Economics Work While Delivering Justice with Unprejudiced Hands of Existing Indonesian Contract Law
No full textLegal issues surrounding contracts are never easy to solve, especially those concerning the nature and rules of contract law amid the development paradigm of the law itself. It is not surprising that one of the classic problems of contract law lies in the suitability of regulatory governance which is expected to be able to adapt to the demands of the times and its relevance on the actual side. This shows that the law is prone to aging. This kind of rapid change makes the age of law like corn, so legal restoration cannot be focused/expected on legal reform alone. On the existing paradigm, Law and Economics offers several concepts as an ideal model that can guide legal activities while uniting the disparity of legal outcomes. Some fundamental concepts of economics can be constellated with the law as an economic approach to law, in this case, contract law, to re-concretize legal needs in contracting. Contract performance as a legal practice must also go hand in hand with other social activities. Here, Law and Economics is present to obtain clarity of contract law to be more responsive, relevant, contextual, and actual
Effective e-Marketplace Selection: Critic Methodology in Turkiye
No full textThe rapid development of digital technologies and societies' adaptation to digitalization has increased the importance of e-commerce in economic structures. With this transformation, e-marketplaces have become an effective and accessible sales channel, especially for SMEs, offering sellers the opportunity to trade without the need for a physical store. SMEs, which play an important role in terms of employment and production in Turkiye but generally operate in limited regions. Thanks to digital transformation, they now have the chance to compete in national and international markets, gaining strategic advantages such as reaching large customer bases with low operational costs, saving on physical store costs and benefiting from digital marketing, brand awareness and customer relationship management. In this context, the research aims to analyze the factors affecting the e-marketplace preferences of SMEs in Turkiye, to determine the criteria that play a role in these preferences and to provide strategic guidance to both SMEs and e-marketplace platforms. Within the scope of the research, ChatGPT was asked to score 7 multi-category e-marketplaces mentioned in the Competition Authority report according to the selection criteria using a 5-point Likert scale, and the responses received were analyzed using the CRITIC method. According to the results, the most important criterion in SMEs’ e-marketplace selection was Logistics with 26.77 percent, Design Features came in second with 24.93 percent, Costs came in third with 15.14 percent, and Financial Features, Knowledge Transfer, Commercial Process and E-Marketplace Ecosystem shared the fourth and final place with 8.29 percent
Characteristics of Child Murder in Deep Article 460 of the 2023 Criminal Code Based on Dignity Justice
No full textChild murder is a criminal act that has very complex legal, social, psychological, and moral dimensions, considering that children are a group that is physically and psychologically in the most vulnerable position. The 2023 Criminal Code through Article 460 presents an important breakthrough by providing special provisions related to child murder, which is different from ordinary murder. This study aims to analyze the characteristics of the crime of child murder as stipulated in Article 460 of the 2023 Criminal Code and examine its relevance to the principle of dignified justice. The research method used is normative juridical with a statutory approach and a conceptual approach. The results of the study show that Article 460 of the 2023 Criminal Code has three main characteristics, namely: (1) the existence of special protection for children as victims of criminal acts, (2) criminal aggravation as a form of stricter legal protection, and (3) an orientation to dignified justice that balances the interests of perpetrators, victims, and society and emphasizes respect for human dignity. Furthermore, this article not only functions as a repressive norm but also as a moral and educational instrument in upholding human values and protecting children's rights. In conclusion, Article 460 of the 2023 Criminal Code is a form of progressive progress in Indonesia's criminal law politics, although the success of its implementation still depends heavily on the consistency of law enforcement officials, the effectiveness of the criminal justice system, and public awareness in respecting children's rights
The Role of Intellectual Capitals on Unconventional Organizational Capital Forms
No full textThe dynamic relationship between positive psychological capital (PsyCap) and intellectual (IC) and social capital (SC) has gained increasing attention in the field of organizational behavior and management. Physical or financial capital previously were seen as an essential capital for organizations’ success, but today with rapid change are seen insufficient to protect their sustainability, especially in competitive environment, thus, organizations have forced to adapt different alternative of resources such as intellectual, PsyCap and social capital that with the time are considered as essential capital to the sustainability of organizations. In this context, intellectual capital was regarded as an important additional source of competitive advantage in the workplace. This study aimed to examine the impact of the four dimensions of psychological capital—self-efficacy, hope, optimism, and resilience—on intellectual capital, which represents the intangible assets within organizations. Additionally, the study explored how these dimensions of psychological capital influence social capital, and how social capital, in turn, affects intellectual capital. Data was collected through a questionnaire distributed to employees at various positions across multiple service sector companies. Structural Equation Modeling (SEM) was employed to analyze the relationships between these variables. By exploring the connections and impacts between psychological, social, and intellectual capital, the study seeks to provide valuable insights for both academic researchers and business organizations, offering practical implications for enhancing organizational resource
Investigating the Impact of Exchange Rate Volatility on Export Trade in Nigeria
No full textThe aim of this study is to examine how fluctuations in exchange rate impact export trade in Nigeria over the period 1980 to 2020. To achieve this objective, the volatility of exchange rate is generated from the Generalized Autoregressive Conditional Heteroskedasticty (GARCH, 1,1) model. The study assumes that export trade can be predicted by fundamental variables such as exchange rate volatility, oil rents, inflation, and foreign direct investment. The empirical findings based on the Autoregressive Distributed Lag (ARDL) model revealed that in the long run, exchange rate volatility, oil rent, and foreign direct investment have a negative relationship with export trade but the effect of inflation on export trade is positive. However, only the effect of FDI is statistically significant in the long run. Also, in the short run, exchange rate volatility, inflation, and FDI have a negative and significant relationship with export trade but the effect of oil price on export trade is positive and statistically significant. The deviation from the long-term equilibrium is adjusted with the speed of about 33.93% every year in Nigeria. Based on these findings, the study suggests the need for macroeconomic policies to target price and exchange rate stability in order to promote export trade in the country
Legal Construction of Mediator Profession Regulations to Achieve Legal Certainty
No full textPeaceful conflict resolution has been practiced in Indonesian society for centuries. Indonesian society has experienced that peaceful dispute resolution has led them to a harmonious, fair, balanced life, and the preservation of communal values within society. Society strives to resolve their disputes quickly while upholding communal values and not infringing upon or suppressing individual freedoms. Indonesian society, like other societies around the world, feels that conflicts or disputes that arise in society should not be allowed to continue indefinitely, but rather efforts should be made to resolve them. The impact of conflicts not only worsens relations between parties but can also disrupt social harmony within society. The type of research used is normative legal research. The urgency of regulating the profession of mediator in the form of a law is aimed at achieving legal certainty, based on the philosophical reasoning that legal certainty can be based on the essence of justice achieved through deliberation, as in the Indonesian legal system, where deliberation is enshrined in the fourth principle of Pancasila. Through deliberation, justice can be achieved for the parties involved to build harmony after a conflict
Legal Protection of Creditors in Credit Agreements with Collateralized Mortgage Rights
No full textThe stability of an advanced national economy is always supported by the development of a healthy business world, and a healthy business world must have finances that are able to maintain business stability. However, when the business world will develop and maintain its business, it is often faced with capital problems or does not have sufficient finance to support the development of its business. This research is a normative legal research. Credit agreements with land rights collateral must be made by making an encumbrance agreement accompanied by a promise to provide collateral. To obtain legal force for the provision of collateral, the provision of collateral must be registered at the Land Registry Office. If the encumbrance of a mortgage is not registered at the Land Registry Office, the mortgage does not create a property right, which has the nature of droit de suite (a right that follows the object)
Criminal Liability of State Officials Who Bribe Foreign Public Officials
No full textThis study examines the criminal liability of Indonesian state officials who offer bribes to foreign public officials under Law No. 11 of 1980 on the Crime of Bribery, and assesses how a normative comparison with the Dutch Criminal Code (Wetboek van Strafrecht) can inform legal reform in Indonesia. Employing a normative-legal research design, the study utilizes statutory analysis, doctrinal review, and comparative methods. Primary data were drawn from legislation, judicial decisions, and international conventions, while secondary data comprised scholarly literature. A qualitative content analysis was conducted to evaluate the scope of the offence and its practical enforcement. The findings indicate that the term “any person” in Law No. 11/1980 can be interpreted to include foreign public officials; however, the absence of explicit language generates legal uncertainty. The Dutch model is more categorical, expressly criminalizing cross-border bribery with penalties of up to six years’ imprisonment and a category V fine. Based on these insights, the study recommends enacting a lex specialis in Indonesia that explicitly names foreign public officials as potential victims, establishes principal penalties of three to eight years’ imprisonment and proportionate fines, and introduces supplementary sanctions such as asset forfeiture. Adoption of these measures is expected to enhance legal certainty and strengthen Indonesia’s capacity to combat transnational corruption effectively
The Expansion of Absolute Competence in Industrial Relations Court (PHI) by Resolving Disputes over Termination of Employment (PHK) against Deceased Workers Based on the Principle of Justice
No full textTermination of Employment (PHK) is a central issue in industrial relations that often causes disputes between workers and employers. Based on article 61 paragraph 1 of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation. One of the forms of layoffs regulated is layoffs due to the death of workers, which legally causes the end of employment relations automatically (layoff by law). The death of a worker is also regulated in Government Regulation Number 35 of 2021 in article 36 letter o and is regulated in detail in Article 57 regarding the calculation of the rights obtained. This research uses normative juridical research. Based on this research, it can be concluded that the expansion of the absolute competence of the Industrial Relations Court (PHI) in handling disputes over termination of employment (PHK) due to the death of workers is a legal urgency that cannot be ignored. Although the employment relationship ends automatically (by law), facts in the field show that heirs often face administrative and juridical obstacles that cause delays in the fulfillment of workers' normative rights. This research confirms that PHI has the philosophical, juridical, and theoretical basis to be given explicit authority to resolve such disputes in order to ensure substantive justice and legal certainty for the heirs