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The Role of the Police in Providing Legal Protection for Victims of Electronic-Based Trafficking

Author(s): Trimo Trimo,Yuliati Yuliati,Prija Djatmika / Language(s): English Issue: 8/2024

This research is intended to explore two main aspects of protecting victims of electronic-based trafficking in the jurisdiction of the Malang District Police. First, this research aims to implement Article 42 of Law No 12 of 2022 on Victim Protection. Second, this research focuses on the strategies used by the police in protecting victims of electronic-based trafficking. The research method used is a sociological juridical approach, which involves collecting primary data through in-depth interviews with PPA unit officers and victim witnesses and secondary data from desk research. This approach aims to examine the implementation of relevant legal regulations, specifically related to online prostitution and pimping. The results showed that from 2020 to 2023, there were three cases of human trafficking offences in the Malang Police area. The case study at Batu Police Station illustrates the modus operandi of pimps in utilising the MiChat application to offer victims to customers. In implementing the law, there are challenges in law enforcement related to electronic-based prostitution, especially in applying Article 42 of Law No 12 of 2022 and Article 27 § 1 of the ITE Law, which are multi-interpretive. This research concludes that the role of the police is vital in providing legal protection for victims of electronic-based trafficking, but further efforts are needed to clarify and strengthen law enforcement related to this issue.

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Obowiązek ochrony życia a prawo do odmowy leczenia w kontekście wolności religijnej świadków Jehowy i ich stanowiska względem transfuzji krwi

Author(s): Urszula Nowicka / Language(s): Polish Issue: 27/2024

Saving lives is a vital part of a doctor’s work. However, while doctors must adhere to the constitutionally defined principles of health care, they must also acknowledge the principle of patients’ rights, including the patient’s right to self-determination. This means that a doctor cannot define a course of treatment purely according to his or her own understanding as this would limit the patient’s autonomy. Thus, patients today participate in the medical decisions that concern them, and their consent is required for all medical treatments. This may give rise to difficulties in situations that require the simultaneous implementation of two principles: salus aegroti suprema lex est and voluntas aegroti suprema lex est. Patients may refuse treatment for various reasons. In the case of Jehovah’s Witnesses, they may refuse blood transfusions due to their religious beliefs. This paper considers the basis for refusal to consent to treatment and draws on legal solutions in an attempt to address the issue, Polish jurisprudence and opinions expressed by scholars. The author concludes that nobody has the right to demand that a patient explain his or her decision to refuse treatment, even when that stance is irrational from a medical point of view. Instead, the patient’s decision must be freely made and not forced or manipulated. It makes no difference whether this choice relates to a current (specific) situation or to a future scenario (pro futuro statements); however, the decision must relate to the person who makes it—they must be an adult and not incapacitated. The issue of consent must be resolved quite differently when it concerns the treatment of a child, that is, a person who cannot make informed decisions for themselves, but on whose behalf the parents will normally decide. Decisions affecting the life and death of a child exceed the limits of parental authority, and in such circumstances, parental refusal of a child’s treatment should be challenged.

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Gender Differences and Individual Measurement of Work Performance Among Employees at the Probation Service, Tirana Territorial Branch

Author(s): Julinda Dika/Manja,Eralda Zhilla,Arjana Muçaj / Language(s): English Issue: 4/2024

Objectives. Gender differences and job performance in Probation Service are influenced by factors such as communication styles, empathy, work-life balance, career advancement, leadership styles, training and support, performance measures, and case management styles. Gender roles can influence how work-life balance is perceived and managed, and can be affected by systemic barriers. Addressing these factors through comprehensive policies and training can increase overall effectiveness in the probation service. Methodology. The instrument used for this study is the Individual Work Performance Questionnaire (IWPQ), which was developed by Koopmans et al., 2013 to assess the behavior and action of employees in relation to their ëork. Individual job performance can be defined as "behaviors or actions that are relevant to the organization's goals". Therefore, the IWPQ focuses on the behaviors or actions of employees and not on the results of these actions (Koopmans et al., 2013). The IWPQ has 27 statements, with a response of a five-point Likert-type scale. It is divided into three dimensions, measuring the degree of task performance (7 statements), the scale for contextual performance (12 statements) and the scale for counterproductive behavior of work (8 statements). The sample taken in this study are the specialists of Probation Service, Tirana Territorial Branch, namely 8 males and 14 females. The results. The findings show that there is no statistically significant relationship between gender differences and the individual measurement of work performance, related to the three dimensions of the individual work performance questionnaire, but it turns out that women tend to talk more with someone outside the institution for negative aspects of work, compared to men

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Double Standards and Dissonance: Women’s Rights and Freedom of Religion in the Global North

Author(s): Rola El-Husseini / Language(s): English Issue: 3/2024

In this article, I explore the complex intersection between women's rights and religious freedom in liberal democracies, particularly focusing on the Global North. I demonstrate how both religious freedom and women’s rights have been instrumentalized by Western powers, often as tools of foreign policy. I highlight the dissonance between Western nations’ rhetoric, which promotes these rights globally, and their domestic practices, which sometimes impose restrictions, especially on Muslim women. Through case studies, including countries in the Middle East, France, and the United States, the article underscores the hypocrisy of Western democracies that criticize religious restrictions in authoritarian regimes while enforcing their own limitations on women’s religious expression. In the conclusion, I emphasize the importance of consistent application of human rights to avoid reinforcing cynicism and authoritarian practices.

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Freedom of Religion and Freedom from Religion in the Context of Contemporary Anti-Gender Politics

Author(s): Elżbieta Korolczuk / Language(s): English Issue: 3/2024

In the contemporary world, the topic of women’s rights has often been employed and manipulated in debates on religious freedom. In her article Rola El-Husseini shows that whereas Western politicians have promoted liberal values, including religious freedom, internationally, they have rarely uphold these principles domestically. Often, these values have been applied selectively, leaving Muslim communities—especially Muslim women—without the protections usually afforded by liberal democracy. This contribution discusses how opposition to women’s rights unfolds in contemporary Poland, where the Catholic Church has been instrumental in opposing women’s and minority rights. In the conclusion, it poses the question of whether we truly need more freedom of religion, or whether maybe what we should strive for is more freedom from religion and a firmer division between the state and the church, indiscriminately of what type of church or religious belief this may be. Such a perspective is rooted in the recognition that so far every religion has contributed to infringing women’s rights, and establishing and reinforcing social hierarchies.

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Wyzwania i zagrożenia dla praw człowieka w polityce migracyjnej Polski

Author(s): Aleksandra Kopacka / Language(s): Polish Issue: 2/2024

Polish migration policy faces numerous challenges related to the protection of human rights. The lack of adequate integration programmes leads to the marginalisation of migrants and hinders their access to social, educational and professional rights. The aim of this article is to identify challenges and threats to the observance of human rights. In the first part, the situation on the Polish-Belarusian border was analyzed. Then the situation of migrants in relation to the Russian-Ukrainian war is described. Then the violations of migrants’ rights on the Polish-Belarusian border and the actions taken by the Polish government were presented. In conclusion, it was concluded that further analysis in this area is necessary to monitor and evaluate the effectiveness of implemented policies and to identify new challenges. The research problem was formulated: What challenges and threats does the Polish government face in respecting human rights? A research hypothesis was formulated accordingly to the donor problem: The Polish government faces numerous challenges and threats in respecting human rights, which result from both internal and external political, social and economic factors. The key challenges are the lack of coherent integration policies, increasing xenophobia and discrimination, inadequate conditions in detention centres, complicated asylum procedures, and growing pressure from the international community and internal opposition movements. Verification of the above hypothesis and obtaining an answer to the above research question required the use of research methods, including a critical analysis of legal acts, analysis of reports and documents, selected items of literature on the subject, as well as reliable Internet sources presenting an up-to-date view on the researched problem.

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UPRAVLJANJE LJUDSKIM POTENCIJALIMA I RADNI ODNOSI U JAVNOJ UPRAVI: RAZVOJNA PERSPEKTIVA

Author(s): Domagoj Rožac,Milorad Ćupurdija / Language(s): Croatian Issue: 2/2024

This article examines the development of human resource management (HRM) in public administration, focusing on its organizational role and strategic development. It contrasts traditional HR functions with modern HRM and emphasizes its dynamic nature and strategic importance at higher organizational levels. The analysis highlights the impact of HRM on management tasks, in particular on the lifelong learning and professional development of civil servants. The study emphasizes the need to integrate internal and external strategies in order to increase the efficiency of public administration (PA). It looks at the impact of technological advances and changing working relationships, with skills such as foreign language skills, computer literacy, teamwork and motivation taking precedence over formal qualifications. This transition to a "knowledge society" emphasizes lifelong learning and the adaptation of skills. HRM uses various methods to assess employees' skills and align them with company goals. The article also examines how modern legislation reflects the evolving components of employment and necessitates new legal definitions that align with contemporary HRM trends. Finally, the authors discuss ways to further develop the Croatian HRM model, especially in PA, and propose a timeline for its possible improvement.

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Underwater Cultural Heritage and Armed Conflict: An Analysis under the 1954 Hague Convention

Author(s): Elena Perez-Alvaro / Language(s): English Issue: 2/2024

This article explores the protection of underwater cultural heritage under the umbrella of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict as a guide to analyse the impact of armed conflict on underwater cultural heritage. During direct confrontations, underwater cultural heritage faces threats, including deliberate destruction, looting for profit, and damage from military activities. In fact, underwater cultural heritage has been used and is still used in military strategy as a tool of hybrid warfare. Together, the 1954 Hague Convention and the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage offer a comprehensive approach to safeguarding cultural heritage, including underwater sites and artefacts, by combining legal frameworks, preservation strategies, and international cooperation efforts mitigating the devastating impact of warfare on underwater cultural heritage.

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At the Borderline of Public and Private Law: The Restitution of Cultural Property Held in Public Collections in Hungary

Author(s): Vanda Vadász,Viktória Verebélyi / Language(s): English Issue: 2/2024

During the Second World War, and thereafter until the end of the communist regime in 1989, a massive amount of privately owned works of art came into the possession of the Hungarian state. The ownership of the property thus collected was only partially clarified after the war. After the fall of communism, nationalized cultural property was subject to restitution laws, but restitution typically meant partial compensation. The aim of this article is to highlight the shortcomings that still characterize the restitution of cultural property held in public collections in Hungary. After summarizing the historical-legal situation pertaining to restitution measures in Central and Eastern Europe, we provide a comprehensive overview of the Hungarian legal environment in terms of restitution. The focus is on the restitution rules adopted in the 2010s that were intended to settle the possession of cultural property held in public collections. The roots of constitutional issues related to the regulation arise from and are reflected in the intermingling of private law and public law characteristics and guarantees. In the presentation of civil law disputes concerning the ownership rights of property held in public collections, we outline the characteristics of the Hungarian regulatory framework regarding protected cultural property and the issues arising from their application. Finally, we provide an overview of the European Court of Human Rights’ jurisprudence on the protection of property rights and an assessment of Hungarian regulations before the Court. We claim that the lack of predictability and certainty of the latter authority’s proceedings may lead to human rights issues.

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The Role of the EPPO in Combating Crime in the Cultural Sector: The Case of the Regional Museum in Olomouc

Author(s): Jan Petr,Andrzej Jakubowski / Language(s): English Issue: 2/2024

This article addresses the role of the European Public Prosecutor’s Office (EPPO) in investigating, prosecuting, and bringing to judgment the perpetrators of, and accomplices to, criminal offences affecting the financial interests of the European Union (EU) in the cultural sector. While focusing on the case of the subsidy and procurement fraud, passive corruption, and money laundering in the case of the Regional Museum in Olomouc (Czech Republic), the article aims to elucidate the current mandate and expectations with respect to the EPPO in relation to the prosecution of cultural heritage crimes. Accordingly, it recalls the key objectives of the EU Action Plan against Trafficking in Cultural Goods, and considers the potential contribution of the EPPO to the safeguarding of cultural heritage from the threats connected with organized, transnational criminal activities.

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Unterlagen der staatssicherheitsdienstlichen Überwachungen in Ungarn – Zugang, Aufarbeitung, Hindernisse

Author(s): Olivér Ráth,Ádám Varga / Language(s): German Issue: 3/2024

More than thirty years have passed since the change of regime and the question of what can be done by those who were under state surveillance in the previous regime is still relevant. How can a victim find out who tore his family apart, who ruined his career? Will the identity of the collaborators ever come to light? Can these people still participate in public life and hold public office today? In our study, we take stock of the specificities of the subject in Hungary and the obstacles to facing history. We conclude that the exclusion from holding a public office is overdue, the documents are incomplete, their authenticity is questionable, and the issue is sensitive because of competing fundamental rights. The generation that has become of age since the change of regime is less and less interested in our immediate past. This trend is dangerous, because the unresolved past contributes to the blurring of the dividing line between the two regimes to the point where, faced with the new difficulties, society is left longing for the old. Will there be a real change? The legal possibility (at least in the field of information compensation) is still there, and this is what we show in our study.

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Dreptul la alegeri libere în jurisprudența Curții Europene a Drepturilor Omului

Author(s): Nicolae Alexandru Ceslea / Language(s): Romanian Issue: Supliment/2024

Electoral rights are the basis of a truly democratic political regime; they represent the foundation of our society on which the other rights and freedoms of the individual are built. In this paper, we propose to analyze a series of specific virtues of such a regime from the perspective of the jurisprudence of the European Court of Human Rights: from the limitations of electoral rights to the rigors imposed on litigation in this matter.

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POTENTIAL AND IMPLICATIONS OF DISPUTES OVER THE AUTHORITY OF THE NATIONAL HUMAN RIGHTS COMMISSION AND THE INDONESIAN NATIONAL POLICE

Author(s): Demas Brian WICAKSONO,Sudarsono Sudarsono,Rachmat SAFA’AT,Muchamad Ali SAFA'AT / Language(s): English Issue: 26/2022

National Human Rights Commission is positioned as an independent state institution at the same level as other state institutions which in carrying out its functions and authorities stand on a par with other state institutions whose authority is granted by law. Although vertically it has an equal position with other state institutions, in carrying out its functions, duties, and authorities, this commission must report to the President and the DPR. Article 18 Paragraph (1) Law Number 26 of 2000 concerning the Human Rights Court states that investigations into gross human rights violations are carried out by the National Human Rights Commission. In carrying out its duties, National Human Rights Commission has the authority to receive reports or complaints from a person or group of people regarding the occurrence of serious human rights violations. Police in Article 2 Law Number 2 of 2002 which is the function of the state government in the field of maintaining security and public order, law enforcement, protection, shelter, and service to the community. If a criminal case occurs later the handling of the case is carried out by the police with the authority of investigation by the Police because it is considered an ordinary crime, but at the same time the case is also investigated by the National Human Rights Commission as a crime against humanity which is part of the National Human Rights Commission. human rights violations. Therefore, related to this condition, a struggle for authority may occur due to differences in the interpretation of the crime which then causes the National Police and National Human Rights Commission to declare authority to each other. The authority dispute between the National Police and National Human Rights Commission then could not be resolved within the executive government because National Human Rights Commission is not a state institution under the President, nor can it be resolved through the Constitutional Court as referred to in Article 24C paragraph (1) of the 1945 Constitution because the object of authority disputed by the two state institutions is powers granted by law.

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Migration and Asylum: Policy Overview. Divergence among EU Member States

Author(s): Ana-Maria Bolborici / Language(s): English Issue: 2.1-Suppl/2024

EU member states’ migration and asylum policies are influenced by a complex interplay of national interests, historical contexts, and societal attitudes, leading to divergence. Despite the EU’s goal of a unified migration approach, there are still considerable obstacles that require ongoing discussions and collaboration between member states for the fair and compassionate treatment of migrants and asylum seekers. The significance of migration and asylum policies in the EU will be explored in the paper. The analysis will examine also the EU’s migration and asylum laws, including the Common European Asylum System, and underline the position of some Member States.

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NATURE OF THE POLITICS OF INTERNATIONAL LAW WITHIN THE NIGERIAN STATE

Author(s): Goodluck ETINAGBEDIA / Language(s): English Issue: 29/2023

The paper looks at the nature of international law politics within the Nigerian state and the challenges Nigeria faces in implementing it successfully. Neorealism theory, which relies on secondary data gathered from documentation through published and unpublished books, journals, articles, and other publications on human rights and maritime/environmental treaties, was used as the intellectual framework and adopted the qualitative synthesis of the scientific method. It was also discovered that the majority of international treaties are less enforceable due to the National Assembly's inability or negligence in domesticating the laws to which Nigeria is a party. The conclusions drawn from these observations lead to the following recommendations, which are listed in no particular order. The 2004 Treaties Act comes first. should be changed right away to make consultation with the appropriate National Assembly committees a prerequisite for making treaties. In the same vein, training, and capacity building for the bureaucracy and other pertinent agencies are necessary to guarantee the efficient execution of the numerous international legal instruments to which Nigeria is a party.

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Възможно ли е да бъде осъден помагач или подбудител на неизвестен извършител

Author(s): Petar Yuriev Petrov / Language(s): English,Bulgarian Issue: 21/2025

This article aims to explore the issue of criminal liability of the instigator and accessory in the unknown perpetrator scenarios. For this purpose, the concept of „accessory“ has been clarified, the available jurisprudence related to the complicity institution is analyzed and some conclusions are presented regarding the liability of accessory accomplices in cases where the perpetrator is unknown.

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Důstojnost tvora a člověka ve švýcarském ústavním právu

Author(s): Petr Šuráň / Language(s): Czech Issue: 1/2024

The Swiss concept of constitutional protection of the dignity of living creatures different from humans is called biocentric in the professional literature. The article aims to find out by comparing this institute with the constitutional protection of human dignity, which represents a phenomenon based on an anthropocentric concept of law, to what extent it is really possible to consider it as a manifestation of biocentrism.

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“You Are All a Bunch of Cowards”: The Odesa Massacre and the Postwar Trial of Nicolae Macici

Author(s): Emanuel-Marius Grec / Language(s): English Issue: 17/2024

Romanian postwar trials were not just acts of justice, retribution, and pedagogy, but also a platform where perpetrators tried to excuse their behavior during the war by emphasizing their so-called “humanity”, “friendship to the Jews”, lack of choices, as well as a way to present their own twisted interpretation of “the law”. In this study, I focus on the trial of Nicolae Macici, arguably the most symbolic perpetrator from the Odesa Massacre, while trying to map how public accusers framed his case, how the general established his defense, and how these aspects interacted with the historical case of the Odesa Massacre. Some of the main questions presented here are: What was the role Macici played in the massacre, as presented in the trial? What did Macici say about his own actions and those of others? How did other accused people and witnesses relate to the general, and how did they interpret the roles of the orders and the military hierarchy within the Romanian Army? In which ways did the prosecutors present him and why did they choose to do so? By reconstructing and deconstructing specific aspects of the postwar trial of General Macici, we can relate not only to the events of the massacre itself, but also see how the mind of a perpetrator works.

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Analyzing Compensation Files: A Quantitative Study of Holocaust Victims under Romanian Administration in Buzău County

Author(s): Petre Matei / Language(s): English Issue: 17/2024

This article examines 286 compensation claims submitted in the summer of 1970 by survivors from Buzău County, Romania. The analysis encompasses three categories of claims: from Jews (169 compensation forms), from either sedentary or nomadic Roma (109), and from “political prisoners” (8). The study’s objective is to assess to what extent, and under what conditions, this collection of compensation claims can contribute to our understanding of the Holocaust in Romania. Given that the primary purpose of these claims was to secure West-German compensation, rather than to provide historical information (which was consequently presented and filtered by both the claimants and the Romanian authorities), the article concludes that this collection of compensation claims can only prove useful, if considered within its specific context and approached with caution. The study thus offers insights into the complexities of using such compensation claims as historical sources and their potential limitations in Holocaust research.

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MILITARY JUNTA IN FRANCOPHONE WEST-AFRICA

Author(s): Shalom Ufuoma ERUDE,James Eseoghene AGIRI / Language(s): English Issue: 29/2023

This study focused on military junta in Francophone West-Africa. Prior to the early 1990s this region has been less interfered by the military, as they had a close relationship with their colonial masters. What could have led to the recent military takeovers in this region, was what formed the basis for our study. The secondary method of data collection was maximally explored in our study. We made ample use of both the interventionists theory put forward by S.E. Finer. From our observations, it is clear that the current military junta in this region is as a result of several factors viz, rejection of French dominance cum presidents that are stooges to their colonial masters, institutional coup, and unnecessary delay in power by the leaders, etcetera. For this to stop, there should be a well-planned tenure system for leaders enshrined in their respective constitutions, also institutions should be strengthened to stop and/or avert institutional coup. You cannot support institutional coups and then consider military coup illegitimate. Lastly, the French government should maintain the principles of the UNO on diplomatic relations with other countries.

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