Journal of Law and Sustainable Development
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Harnessing the Power of EKC and RKC: A Sustainable Development Perspective
Get PDFObjectives: The primary objective of this study is to examine the validity and applicability of the Environmental Kuznets Curve (EKC) theory within the framework of the Resource Kuznets Curve (RKC). Specifically, the study aims to analyze empirical evidence and underlying factors to understand the relationship between environmental degradation and income levels across six major economies: Germany, France, Japan, Canada, UK, and US, spanning the period of 1961–2018.
Methods: To achieve the objectives outlined, this study utilizes empirical analysis techniques. Data from the specified economies are collected and analyzed to discern patterns and relationships between environmental degradation, income levels, and other relevant variables. Statistical methods and econometric modeling are employed to evaluate the shape and dynamics of the relationship, allowing for a comprehensive understanding of the complexities involved.
Results: The analysis reveals both an N-shaped and a U-shaped pattern in the relationship between environmental degradation and income levels across the selected economies. These findings suggest that the relationship between environmental degradation and economic development is multifaceted and nonlinear, indicating the presence of critical thresholds and turning points. Furthermore, the study highlights the importance of clean energy consumption and renewable energy adoption in mitigating pollution and fostering sustainable economic growth.
Conclusion: The findings of this study contribute to the ongoing debate surrounding the Environmental Kuznets Curve (EKC) theory within the context of the Resource Kuznets Curve (RKC). The identification of an N-shaped and a U-shaped pattern underscores the need for nuanced policy interventions aimed at balancing economic development with environmental sustainability. Policymakers and stakeholders can utilize these insights to formulate effective strategies for promoting clean energy adoption, reducing pollution, and fostering long-term environmental quality and economic growth
CRIMINAL POLITICS OF SEXUAL VIOLENCE AGAINST CHILDREN BY FAMILY MEMBERS IN EAST NUSA TENGGARA INDONESIA
Get PDFObjective: The issue of sexual violence, particularly child molestation, demands even more intensive and serious attention. This is crucial, given the tendency for child victims to be frequently overlooked by competent institutions within the criminal justice system.
Method: To address these issues, the research collects data through interviews, observations, and literature reviews. The study employs legal, case, conceptual, and comparative approaches.
Result and Discussion: Data and facts still show that the position of children as a group is vulnerable to becoming victims of violent crimes. The following is data on children as victims of sexual intercourse that occurred in the period 2018 to 2022 in Kupang City, East Nusa Tenggara Indonesia. Based on the data, it shows that the number of cases of child sexual violence has fluctuated. It increased drastically in 2019, one year before the corona virus pandemic broke out in Indonesia.
Conclusion: Based on the criteria of criminalization, the existing regulatory framework is already in line with and fulfills the need for legal boundaries in society. However, what remains a continuous effort for optimization is consistency in law enforcement
PERFORMANCE INDEX MODEL FOR WATER ALLOCATION IN WATERSHED
Get PDFPurpose: This research intends to build a performance index model of water allocation in watershed.
Theoretical reference: Along with the population growth and the increasing of social and society economy condition, so water demand is also increasing for various usage. Water demand is increasing in quantity as well as quality. However, likely happen the water critic in the future (unbalanced between supply-demand) is due to population growth in certain region that is uncontrolled.
Method: The research methodology consists of assessment water allocation based on the applicable rules in Ministry of PUPR (for being used as the model validation), to analyze the parameters that are influenced to the water allocation modelling by using WEAP (Water Evaluation and Planning) and SEM-Pls, then to build the performance index model of water allocation in the research location.
Result and Conclusion: The research result shows that after being carried out the correlation test by using 2 methods that are simulation software methods of Smar-PLS and Pearson method, there is obtained the performance index model of watershed that is fitted with research location is as follow: IK = .. However, the classification of water allocation in the research area is as follow: Manjuto watershed, Selagan watershed, Air Dikit watershed, Teramang watershed, Muar watershed, Manna watershed, Padang Guci watershed, and Luas watershed are including non-critic watershed; Bengkenang watershed are including light-critic watershed; Kelam watershed and Nasal watershed are including moderate-critic watershed.
Implication of research: It is needed to be carried out the monitoring of water allocation in a watershed for being analyzed related with availability and fulfillment the water demand that is user friendly and to be carried out easily. This research is conducted in 11 watershed that is spreading in Sumatera Island, Indonesia.
Originality/value: To build a new model for assessing the performance index of water allocation in watershed
ACTION OF CHINESE COURTS WITH THE ANTI-TORTURE LEGAL OBLIGATION UNDER THE UNITED NATIONS CONVENTION AGAINST TORTURE: A SOCIO-LEGAL NARRATIVE CRITIQUE ANALYSIS OF APPLICATION OF LAW AND LEGAL REASONING
No full textBackground: The most of critique is based mainly on the previous literature, namely, that Chinese dynamic institutional structures’ silence may have exacerbated the miscarriage of justice and obtain illegal evidence in criminal proceedings in China. However, the fact that torture to extract confessions and maltreatment of prisoner’s cases involve judicial decision-making by Chinese hierarchical courts has been disregarded.
Objective: Taking China's outward telling and internal judicial reforms as starting positions, the article focuses on address the knowledge gap that torture to extract confessions and maltreatment of prisoner’s cases involving the application of law and legal reasoning regarding how Chinese domestic courts' actions is related to the interpretation of torture and domestic compliance with international conventions. The causes of action include torture to extract confessions, maltreatment of prisoners in criminal scenarios, and cases of cruel, inhuman, or degrading treatment or punishment involving detention in police custody (garde a vue) and outside custodial settings. The article also examines how Chinese hierarchical courts have implemented their judicial practice in accordance with international obligations to prohibit and prevent torture under United Nations Convention against Torture.
Methods: Process tracing is a qualitative research method that examines causal processes connecting results to potential causes form socio-legal perspectives, focusing on varying time stages. It is essential for within-case analysis based on qualitative data.
Implication: This article highlights the intricate relationship between the definition of torture in law in context in UNCAT and treaty compliance by China domestic court, addressing flaws in previous court decisions and responding to those points of view to gain a more in-depth understanding of the dynamics underlying cases of confessions extracted under torture, ill-treatment in prisons and outside custodial settings (garde a vue) in China's criminal judicial system.A maior parte da crítica baseia-se principalmente na literatura anterior, nomeadamente, que o silêncio das estruturas institucionais dinâmicas chinesas pode ter exacerbado o erro judiciário e as provas ilegais na China. No entanto, o facto de a tortura para extrair confissões e os maus tratos infligidos aos prisioneiros implicarem a tomada de decisões judiciais por parte dos tribunais hierárquicos chineses não foi tido em conta. Tomando como ponto de partida as reformas externas e internas do sistema judicial da China, o artigo centra-se na resolução da lacuna de conhecimento de que os casos de tortura que envolvem a aplicação da lei e o raciocínio jurídico relativo à forma como a atuação dos tribunais nacionais chineses está relacionada com a interpretação da tortura e o cumprimento das convenções internacionais a nível nacional. As causas de ação incluem a tortura para extrair confissões, maus tratos a prisioneiros em cenários criminais e casos de tratamento ou castigo cruel, desumano ou degradante envolvendo detenção arbitrária sob custódia policial (garde a vue) e fora de contextos de custódia. O artigo examina igualmente a forma como os tribunais hierárquicos chineses têm implementado a sua prática judicial em conformidade com as obrigações internacionais de proibição e prevenção da tortura ao abrigo da Convenção das Nações Unidas contra a Tortura, com base numa análise sócio-jurídica
STUDY ON THE RELATIONSHIP BETWEEN FIRMS’ PERFORMANCE AND STOCK MARKET RETURNS IN SELECT NSE LISTED COMPANIES
No full textPurpose: An investor considers lot of factors while investing his money into the Stocks. Money is majorly invested in BSE or NSE in India. BSE is established in the year 1875 and NSE established in the year 1992. Apart from this some stocks are traded in local exchange market in each city. Earlier we had manual trading. However, it is more organized and digitalized now. Every investor does some survey prior to investing their hard-earned money. The reason behind investment is to earn profits over the invested money. The returns over the stock market are dependent on various micro and macro-economic factors. Panel data analysis was conducted using data from the top 50 companies listed on the National Stock Exchange (NSE) over a 10-year period. The analysis explored the impact of various financial ratios on stock market returns, considering individual-specific effects and time variations. The study found that certain financial ratios, including Earnings per Share (EPS), Earning Yield, Debt to Equity ratio, and Market Capitalization to Sales ratio, significantly influenced stock market returns.
Method: Panel data analysis, also known as longitudinal data analysis or panel regression, is a statistical method used to analyze data collected from a group of individuals, entities, or subjects over time. In panel data analysis, observations are made on the same subjects or entities repeatedly at multiple time points, creating a panel or panel dataset. Panel data analysis is particularly useful in social sciences, economics, and other fields where researchers are interested in studying the dynamics of individual units over time and accounting for both cross-sectional and time-series variations.
Results and Conclusion: The findings from this study provide valuable guidance for individual investors, financial advisors, and policymakers in optimizing investment strategies. However, it is essential to acknowledge the limitations of this research, including the static nature of data collection and the focus on the Indian stock market. Future research should explore longitudinal effects and consider macroeconomic factors to deepen our understanding of the complex relationship between financial ratios, risks, and stock returns. The random effects model shows that the independent variables have a significant relationship with the dependent variable, meaning they are related to each other. The regression models confirm that certain financial ratios, like EPS, Price_To_Cash_Flow, and Cash_Flow_TO_Assets, have a significant impact on stock returns. The model considers the influence of time-specific factors, and the fixed effects model better captures the differences between entities, suggesting that each entity behaves differently in the analysis. In conclusion, this study highlights the multifaceted nature of the Indian stock market and the diverse factors that influence investors' decision-making processes. Enhancing financial literacy, promoting risk management, and understanding investor sentiment are crucial for building a robust and informed investor community. By addressing these aspects, investors and policymakers can contribute to the overall growth, stability, and efficiency of the Indian stock market.
Implications of research: The key advantage of panel data analysis is that it allows researchers to control for individual heterogeneity and unobserved time-invariant factors, which can lead to more accurate and efficient estimates of the relationships between variables. By incorporating both within-unit and between-unit variations, panel data analysis provides a more comprehensive understanding of the data and can help identify causal relationships. Originality/value: the current paper aims to study the relationship between firms’ performance and stock market returns in select NSE listed companies
REIMAGINING LEGAL AID INSTITUTION REGULATIONS TO ENHANCE LEGAL CLARITY
No full textPurpose: to examine in depth the current LBH establishment arrangements. In addition, this study aims to formulate a regulatory formula for the formation of LBH that is appropriate and in accordance with the applicable legal context, with the main aim of realizing better legal certainty in supporting the mission of LBH in providing legal assistance to the community.
Methods/design/approach: This research uses qualitative methods with a prescriptive research approach by describing data findings, both primary and secondary data, that have been processed and analyzed.
Results: This research found that the regulations for the establishment of LAI/LAO in Indonesia need to be clarified, especially in terms of the status of the legal entity used. The status of the foundation dominates so that it becomes biased in carrying out its role as a legal aid institution to the community with consistency in the principles of the foundation regulated in Indonesian law. It is necessary to reformulate regulations that are more transparent and comprehensive for advocacy principles and can provide legal assistance to the community properly without being bound by limitations that may exist in the Foundation law.
Conclusion: The dominant legal entity status for the Legal Aid Institute is in the form of a Foundation, a form of Foundation legal entity that has been the most appropriate to establish LAI/LAO in Indonesia because it has advantages, the foundation is non-profit and has no members, so it is more independent and cannot be intervened by any party. The provisions of legal entities in the Legal Aid Law, which are currently still based on Foundations and Associations, need to be supported by supervisory requirements in their implementation so as not to violate the essence of the enactment of the Foundation Law. Reformulation must result in clear legal aid institutions, protect human rights, provide equal access to justice, and achieve the desired level of legal certainty
DISABILITY GRANTEE DEBATE OVER MISGUIDED DISBURSEMENT PRACTICES IN THE SOUTH AFRICAN SOCIAL SECURITY AGENCY’S SELECTED PROVINCES
No full textPurpose: The purpose of this study is to investigate and address the challenges faced by disability grantees in South Africa, particularly focusing on the disbursement of disability grants by the South African Social Security Agency (SASSA). Through qualitative analysis and theoretical frameworks grounded in transformative paradigms, the study aims to understand grantee experiences and perceptions across different provinces. By identifying key issues such as inadequate grant amounts, poor living conditions, and bureaucratic hurdles, the study seeks to provide insights that can inform policy improvements and institutional reforms within SASSA. Ultimately, the goal is to enhance the effectiveness of disability grant disbursement, alleviate poverty, promote economic transformation, empower individuals, and foster sustainable communities in South Africa.
Theoretical framework: This study uses the Theory of Change and Critical Theory to analyze the disability grant disbursement system. Theory of Change (ToC) helps identify change drivers and interventions, while Critical Theory (CT) examines power dynamics and systemic barriers. This comprehensive analysis aims to foster positive change at individual and systemic levels.
Design/Methodology/Approach: This study uses a qualitative research approach, grounded in transformative paradigms, to explore the challenges and opportunities related to disability grant disbursement in South Africa. Participants were selected from three provinces, and data was collected through in-depth interviews, focus group discussions, and document analysis. Thematic analysis was employed, and ethical considerations were taken to ensure participant well-being.
Findings: The study reveals the challenges faced by disability grantees in South Africa, including inadequate grant amounts, poor living conditions, lack of support services, system disintegration, financial exploitation, abuse and family dynamics, and bureaucratic processes. These issues highlight the need for policy reforms and institutional interventions to promote social inclusion and economic empowerment, highlighting the systemic issues and injustices inherent in the disability grant disbursement system.
Research, Practical & Social Implications: This study provides insights into disability grant disbursement systems in South Africa, offering theoretical advances and methodological insights. It informs policy recommendations for improving the system, guiding organizational interventions and capacity-building initiatives. The findings also promote social welfare, empowerment of vulnerable populations, and the promotion of social justice, highlighting the importance of addressing these challenges.
Originality/Value: This study provides a unique perspective on disability grantees in South Africa, integrating Theory of Change and Critical Theory. It conducts a comparative analysis across three provinces, identifying common challenges and contextual factors. The study offers practical implications for policy reform and contributes to the scholarly literature on disability grant disbursement systems
THE IMPACT OF ARTIFICIAL INTELLIGENCE APPLICATIONS ON ENHANCING PROFESSIONAL EMPOWERMENT FROM THE PERSPECTIVE OF MEDICAL SECTOR WORKERS
No full textPurpose: This study examines the impact of artificial intelligence (AI) on professional empowerment in the medical sector. It assesses AI application level, evaluates professional empowerment, examines the relationship between AI utilization and empowerment, and proposes strategies to enhance empowerment, including improved AI integration, training programs, and supportive work environments.
Theoretical framework: The theoretical framework focuses on the relationship between AI applications and professional empowerment in the medical sector. It incorporates AI adoption theory, empowerment theory, motivation theories, technology acceptance models, and social cognitive theory. The framework explains how AI enhances professional empowerment by enabling employees to make informed decisions, acquire new skills, and engage in decision-making processes. It also highlights the role of AI in fostering a sense of purpose and fulfillment within the workforce.
Design/Methodology/Approach: This study uses a descriptive analytical research design to examine the impact of AI applications on professional empowerment in the medical sector. A structured questionnaire is used to collect data on participants' perceptions of AI application levels, professional empowerment dimensions, and demographic variables. The study adheres to ethical guidelines and uses descriptive and inferential statistics to analyze the data.
Findings: The study reveals an average level of AI application in the medical sector, with common applications like diagnostic algorithms and predictive analytics. AI-driven tasks contribute to moderate motivation and access to training and learning opportunities. The study also highlights the positive impact of AI on professional empowerment, highlighting the need for strategic implementation of AI technologies to enhance workforce empowerment and patient outcomes.
Research, Practical & Social Implications: The study reveals an average level of AI application in the medical sector, with common applications like diagnostic algorithms and predictive analytics. AI-driven tasks contribute to moderate motivation and access to training and learning opportunities. The study also highlights the positive impact of AI on professional empowerment, highlighting the need for strategic implementation of AI technologies to enhance workforce empowerment and patient outcomes.
Originality/Value: This study explores the relationship between AI applications and professional empowerment in the medical sector. It provides empirical evidence on the impact of AI adoption on professional empowerment, offering practical guidance for healthcare organizations. The study also highlights the broader social implications of AI-driven professional empowerment in healthcare
English
No full textPurpose: The study looks at the South African migration policy on the Zimbabwean special permit renewal experience. Once regarded as the doyen of Africa, Zimbabwe's economic crisis and political upheaval forced citizens to migrate to South Africa, because, she serves as regional power for peace and security.
Theoretical reference: Warm hospitality and ‘ubuntu’ (humanity towards others) extended to Zimbabwean migrants resulted in the Dispensation of Zimbabwean Project (DZP) permit introduction to legalise them not to be ‘undesirable’ migrants. In 2014 the DZP was changed to Zimbabwean Special Permit (ZSP) and expired in 2017.
Method: The paper adopts systematic literature review (SLR) research for the study. The journal article selections start from the year 2010 to 2022. The twelve (12) years duration for the literature review was done to get access to the current information about the topic under discussion. As a result exclusions and inclusions were done regards to the migration diplomacy, coercing, and weapons for power.
Results and Conclusion: The finding reveals, that harassment, deportability, pressure group formation and short-term permit renewal are adopted, to be recognised, powerful, and improve reputation and status globally. However, whether migration tools engaged in to achieve such goals would be successful remains blurred, since South Africa recently extended the ZEP for another six months to 31 December 2023.
Implications of research: The paper contributes to the South-South migration literature which is understudied and recommends empirical studies to unravel hidden intentions.
Originality/value: The pressure groups and vigilante such as Operation Dulula and #PutSouthAfricaFirst emerged and exerted excessive pressure on the government to deport the foreigners from the country. This finding is not different from what Durand, Massey and Parrado found that during the contraction periods of the economy the host nation’s, pressure groups and union’s demands the expulsion of the migrant
REVISÃO DOS ARRANJOS REGIONAIS DE TURISMO A FIM DE PRESERVAR A SABEDORIA LOCAL DOS POVOS INDÍGENAS NA INDONÉSIA
No full textObjective: This study aims to determine and analyze regional tourism arrangements in order to preserve the local wisdom of indigenous peoples in Indonesia.
Theoretical Framework: This study discusses regional tourism juxtaposed with the preservation of local wisdom by basing on several theoretical and conceptual frameworks such as regulatory review, regional tourism, local wisdom, and indigenous peoples. Some of these reviews are used to focus research to use the same concept so that there is no expansion of meaning.
Methodology: This study uses a type of normative legal research with a statutory approach method (statute approach). Data collection in this study was carried out by means of literature studies, and the data analysis techniques used were critical analysis techniques.
Findings: Regulations on tourism in several regions, such as in Bali, Bitung and Bunaken, Toba, Labuan Bajo, Raja Ampat, Tengger, and Baduy in their implementation still do not fully pay attention to and involve the values of local wisdom of local indigenous peoples.
Research, Practical & Social Implications: This study analyzes regulations on regional tourism which are then analyzed using the Regulatory Impact Analysis (RIA) method to identify and assess a regulation or legislation by taking into account the impact analysis (both positively and negatively) and benefits or costs.
Originality / value: The value of this research is very important to build national legal products and regional legal products for national tourism development that provide protection to the environment and preservation of national culture, especially cultural traditions and wisdom of customary law communities in tourism destination areas, in addition to encouraging economic growth in an equitable manner for local communities.Este estudio tiene como objetivo determinar y analizar los acuerdos turísticos regionales con el fin de preservar la sabiduría local de los pueblos indígenas de Indonesia.
Marco teórico: Este estudio analiza el turismo regional yuxtapuesto con la preservación de la sabiduría local basándose en varios marcos teóricos y conceptuales, como la revisión regulatoria, el turismo regional, la sabiduría local y los pueblos indígenas. Algunas de estas revisiones se utilizan para centrar la investigación en el uso del mismo concepto de modo que no haya una ampliación del significado.
Metodología: Este estudio utiliza un tipo de investigación jurídica normativa con un método de enfoque estatutario (enfoque estatutario). La recolección de datos en este estudio se llevó a cabo mediante estudios de literatura y las técnicas de análisis de datos utilizadas fueron técnicas de análisis crítico.
Hallazgos: Las regulaciones sobre turismo en varias regiones, como en Bali, Bitung y Bunaken, Toba, Labuan Bajo, Raja Ampat, Tengger y Baduy en su implementación aún no prestan plena atención e involucran los valores de la sabiduría local de los indígenas locales. pueblos.
Implicaciones prácticas, sociales y de investigación: este estudio analiza las regulaciones sobre el turismo regional que luego se analizan utilizando el método de Análisis de Impacto Regulatorio (RIA) para identificar y evaluar una regulación o legislación teniendo en cuenta el análisis de impacto (tanto positivo como negativo) y beneficios. o costos.
Originalidad/valor: El valor de esta investigación es muy importante para construir productos legales nacionales y productos legales regionales para el desarrollo turístico nacional que brinden protección al medio ambiente y preservación de la cultura nacional, especialmente las tradiciones culturales y la sabiduría de las comunidades de derecho consuetudinario en las áreas de destino turístico. , además de fomentar el crecimiento económico de manera equitativa para las comunidades locales.
Palabras clave: Regulación, derecho, turismo regional, preservación, sabiduría local y pueblos indígenas.Objetivo: Este estudo tem como objetivo determinar e analisar arranjos turísticos regionais a fim de preservar a sabedoria local dos povos indígenas na Indonésia.
Referencial Teórico: Este estudo discute o turismo regional justaposto à preservação da sabedoria local, baseando-se em vários marcos teóricos e conceituais, tais como revisão regulatória, turismo regional, sabedoria local e povos indígenas. Algumas dessas revisões são usadas para focar a pesquisa a usar o mesmo conceito para que não haja expansão de significado.
Metodologia: Este estudo utiliza um tipo de pesquisa jurídica normativa com um método de abordagem estatutária (abordagem estatutária). A coleta de dados neste estudo foi realizada por meio de estudos de literatura, e as técnicas de análise de dados utilizadas foram técnicas de análise crítica.
Descobertas: As regulamentações sobre turismo em várias regiões, como em Bali, Bitung e Bunaken, Toba, Labuan Bajo, Raja Ampat, Tengger e Baduy em sua implementação ainda não prestam total atenção e envolvem os valores da sabedoria local dos povos indígenas locais.
Pesquisa, Implicações Práticas e Sociais: Este estudo analisa as regulamentações sobre o turismo regional que são analisadas usando o método de Análise de Impacto Regulatório (AIR) para identificar e avaliar um regulamento ou legislação, levando em conta a análise de impacto (positiva e negativamente) e benefícios ou custos.
Originalidade / valor: O valor desta pesquisa é muito importante para a construção de produtos legais nacionais e produtos legais regionais para o desenvolvimento do turismo nacional que proporcionem proteção ao meio ambiente e preservação da cultura nacional, especialmente tradições culturais e sabedoria das comunidades de direito consuetudinário em áreas de destino turístico, além de incentivar o crescimento econômico de forma equitativa para as comunidades locais.
Palavras-chave: Regulação, legislação, turismo regional, preservação, sabedoria local e povos indígena