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Research Article
Guarantee Mechanism for the Fulfillment of Labor Rights in the Civil Construction Industry, Amazonas-Peru
Manriquez-Zapata Hector Miguel*
Issue:
Volume 9, Issue 2, June 2026
Pages:
145-165
Received:
2 March 2026
Accepted:
16 March 2026
Published:
27 March 2026
Abstract: This study examines the systematic violation of labor rights in the civil construction sector of the Amazonas region, Peru, focusing on persistent non-compliance with collectively negotiated wage scales despite existing legal frameworks. Drawing on empirical data from structured surveys administered to 142 construction workers and qualitative analysis of administrative and judicial records from the Regional Labor Directorate (2012–2015), the research finds that 99.3% of workers received wages below collectively agreed rates, while 84.5% filed labor inspection requests and 85.5% pursued administrative conciliation. Nevertheless, 95.3% of judicial claims proved unsuccessful, primarily due to employer evasion strategies — including consortium structures without solidarity clauses and deliberate concealment of attachable assets — resulting in enforcement proceedings averaging 36 months without effective wage recovery. To address this structural enforcement deficit, the study proposes a mandatory guarantee letter mechanism for construction projects exceeding 50 Tax Units (UIT, approximately USD 53,000), issued in favor of administrative labor authorities, to secure wage and social benefit obligations prior to project commencement. This proposal is grounded in a comparative legal analysis of guarantee requirements already operative in regulated sectors, including public procurement, postal services, vehicle inspection centers, and renewable energy generation. The theoretical framework integrates Reale's three-dimensional theory of law, the public service doctrine, the ILO's decent work standards, and Bandura's sociocognitive theory of moral disengagement. The findings demonstrate that current administrative and judicial mechanisms are structurally insufficient to protect construction workers' rights, and that preventive enforcement instruments — operating on employers' economic interests before violations occur — offer superior protective efficacy than purely reactive sanctions.
Abstract: This study examines the systematic violation of labor rights in the civil construction sector of the Amazonas region, Peru, focusing on persistent non-compliance with collectively negotiated wage scales despite existing legal frameworks. Drawing on empirical data from structured surveys administered to 142 construction workers and qualitative analy...
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Research Article
The Institutional Logic and Practical Significance of the Revision of China Maritime Code
Wu Songyu,
He Yutong,
Wang Deling,
Wu Changyue*
Issue:
Volume 9, Issue 2, June 2026
Pages:
166-173
Received:
7 March 2026
Accepted:
19 March 2026
Published:
31 March 2026
Abstract: The first comprehensive revision of China's Maritime Law in over three decades directly responds to the practical demands of digitalization and green transformation in the shipping industry. Focusing on institutional innovation, this revision undertakes systematic adjustments. Through analyzing legal provisions, comparing different laws, and assessing policy impacts, four core institutional innovations have been identified: the unification of domestic and international cargo transport rules to resolve the institutional fragmentation arising from "different laws governing the same cargo"; the clarification of the legal status of electronic transport records, applying the "functional equivalence" principle to address rights attribution and transfer issues in the absence of paper documents; the addition of a dedicated chapter on vessel-source oil pollution damage, establishing a tripartite compensation system integrating strict liability, compulsory insurance, and a compensation fund; and the readjustment of rules on carrier liability to accurately address challenges arising from new business practices. The study shows that the revision significantly enhances legal applicability, promotes digital transformation and green development in the industry, and strengthens China's capacity in foreign-related maritime legal affairs. However, attention must be paid to implementation risks such as the formulation of technical standards, uniform judicial application, and the capacity of the insurance market. To ensure the smooth implementation of the new law, supporting systems should be improved, and judicial guidance refined to advance the modernization of China's maritime legal system. This revision marks a profound shift in China's role from an adapter to a leader in international maritime rule-making, providing a solid institutional foundation for the nation's strategy of building a strong maritime country.
Abstract: The first comprehensive revision of China's Maritime Law in over three decades directly responds to the practical demands of digitalization and green transformation in the shipping industry. Focusing on institutional innovation, this revision undertakes systematic adjustments. Through analyzing legal provisions, comparing different laws, and assess...
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Research Article
Judicial Perspective Special Dispute Resolution Management of Damage, Pollution, Climate Change, and Conservation of Sustainable Environmental Preservation in Indonesia
Marulak Pardede*
Issue:
Volume 9, Issue 2, June 2026
Pages:
174-188
Received:
6 April 2023
Accepted:
27 April 2023
Published:
7 April 2026
Abstract: Ecological systems are formed from reciprocal relationships between living things and their environment. The relationship between humans and their environment is an ecosystem in the concept of sustainable development in the Environmental Law system, but if there is a change in interaction between components resulting in a disturbance that exceeds the capacity of the ecosystem (Environmental Carrying Capacity and Resilience), then environmental problems will arise. Pollution and destruction of the environment are caused by human actions in fulfilling their needs without regard to the preservation of natural resources. At the implementation level, it seems that there are still various obstacles. Therefore, the main problem in this research is: to what extent can government policies in the field of environmental management prevent economic activities that lead to environmental destruction and pollution? This study uses a normative juridical method based on literature studies to obtain secondary data sourced from primary, secondary and tertiary legal materials. Specifications of analytical descriptive research. The data analysis method used is qualitative juridical. The results of the study show that overall government policies on environmentally friendly management have not been able to overcome the conflicts that often arise between the goals of environmental preservation and the goals of economic development. Pollution and destruction is still going on today, due to many obstacles in enforcing administrative law: the absence of environmentally friendly community behavior; weak environmental law enforcement; not effective in dealing with various cases of pollution and environmental destruction. As a solution to overcome these obstacles, it is necessary to enforce criminal law, in addition to imposing material punishments (requiring proof) for crimes which are genetic crimes, it is also necessary to apply formal offenses (no need for proof) for crimes which are specific crimes. The process of enforcing environmental law from the aspect of criminal law will be more successful if it is handled by agencies that technically and institutionally deal with environmental issues. In addition, the concept of sustainable development must be implemented in the legal system for environmental management. In the future, it is necessary to develop coordination between law enforcement officials who are assembled.
Abstract: Ecological systems are formed from reciprocal relationships between living things and their environment. The relationship between humans and their environment is an ecosystem in the concept of sustainable development in the Environmental Law system, but if there is a change in interaction between components resulting in a disturbance that exceeds t...
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Research Article
Religious Statecraft and the Governance of Insecurity in Nigeria: Strategic Pathways for Peace, Security, and Sustainable Development
Paul Andrew Gwaza*
Issue:
Volume 9, Issue 2, June 2026
Pages:
189-197
Received:
13 February 2026
Accepted:
27 February 2026
Published:
20 April 2026
Abstract: Contemporary trends and dynamics of insecurity in Nigeria is shaped by a complex interplay of religion, law, and governance, yet the strategic role of religion within security management remains insufficiently theorised in legal and policy scholarship. This article advances the concept of religious statecraft to examine how religious identities, narratives, and institutions are deliberately mobilised by state and non-state actors to influence security outcomes in Nigeria. Drawing on doctrinal legal analysis, institutional review, and documentary evidence, the study interrogates how constitutional secularism operates in practice amid persistent violence, including Islamist insurgency, ethno-religious crises, and farmer–herder conflicts. It demonstrates that religion functions dually as a source of legitimacy and mobilisation as well as a potential catalyst for polarisation when politicised or selectively engaged. The article analyses the insurgency of Boko Haram, recurrent Middle Belt conflicts, and related communal violence to illustrate how religious narratives intersect with structural grievances such as governance deficits, inequality, and weak rule of law. It argues that state responses have largely prioritised militarised and ad-hoc approaches, while failing to institutionalise constructive engagement with religious actors despite constitutional guarantees of freedom of religion and equality. This gap, the study contends, has undermined public trust, reinforced perceptions of bias, and limited the effectiveness of conflict prevention strategies. Conversely, evidence from interfaith councils, mediation initiatives, and grassroots peacebuilding programmes demonstrates that positive religious statecraft that is anchored in constitutional neutrality, human rights norms, and institutional accountability can mitigate violence, foster reconciliation, and strengthen social cohesion. The article concludes that embedding structured engagement with religious actors within Nigeria’s legal and security frameworks is essential for effective security governance. By aligning religious authority with constitutionalism and human rights obligations, religious statecraft can be transformed from a source of insecurity into a strategic asset for peacebuilding, conflict prevention, and sustainable development.
Abstract: Contemporary trends and dynamics of insecurity in Nigeria is shaped by a complex interplay of religion, law, and governance, yet the strategic role of religion within security management remains insufficiently theorised in legal and policy scholarship. This article advances the concept of religious statecraft to examine how religious identities, na...
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Research Article
The Ethical Dilemma of the Advocates Profession vs. the Ideal Model of the Advocates Profession Court in Indonesia
Sumarsih,
Maroni,
Hieronymus Soerjatisnanta,
Fathoni*
Issue:
Volume 9, Issue 2, June 2026
Pages:
198-202
Received:
29 March 2026
Accepted:
9 April 2026
Published:
28 April 2026
DOI:
10.11648/j.ijls.20260902.15
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Views:
Abstract: The legal profession in Indonesia is normatively positioned as a noble office that upholds justice and client protection. However, advocates face ethical dilemmas exacerbated by a multi-organizational (multi-bar) system, fragmented regulations, and weak coordination in ethics enforcement. Advocates sanctioned by one organization may move to another, weakening the credibility of the sanction and public trust. This normative-empirical research analyzes the ethical dilemmas of advocates and designs a model for an ideal professional court. Data were collected through legislative reviews, case studies, comparisons of the Malaysian, Dutch, German, and US systems, and interviews with the Supervisory Commission and Honorary Council of PERADI Bandar Lampung. The findings show that ethical dilemmas arise at three levels: (1) individual—price pressures and competition encourage deviations from ethical standards; (2) organizational—conflicts between upholding ethics and protecting members; (3) institutional—the absence of a single authority triggers a shopping forum and inconsistency of sanctions. The proposed solution is a professional tribunal under a single national ethics regulator with comprehensive jurisdiction, transparent procedures, tiered sanctions, and client redress mechanisms, while maintaining organizational plurality. This model is expected to increase accountability and effectively protect clients' legal interests.
Abstract: The legal profession in Indonesia is normatively positioned as a noble office that upholds justice and client protection. However, advocates face ethical dilemmas exacerbated by a multi-organizational (multi-bar) system, fragmented regulations, and weak coordination in ethics enforcement. Advocates sanctioned by one organization may move to another...
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Research Article
Civil Protection of the Environment from Climate Change:
A Comparative Study
Issue:
Volume 9, Issue 2, June 2026
Pages:
203-216
Received:
5 March 2026
Accepted:
18 March 2026
Published:
29 April 2026
DOI:
10.11648/j.ijls.20260902.16
Downloads:
Views:
Abstract: The purpose of this research was to identify to identify climate change, its causes, and how to address it to achieve a green climate, as well as the pollutants that cause climate change and how to avoid them. Also to identify the preventive and procedural role played by relevant authorities in combating pollution. And to investigate the most important sources of pollution that causes climate change and the factors contributing to its spread. The problem of environmental pollution has become increasingly prominent due to temperature changes. As temperatures rise, the rates of negative climate change also increase. And the research searches the literature on the social, economic and physical to protect under the civil, environmental and labour laws, civil protection of the environment. Also it deals the conditions of health protection for all under one comprehensive law for all, which climate-related environmental damage, compensation. Clarify the type of Securing and protecting the environment in numerous facilities, and addressing this legislatively, remains threatened by numerous risks stemming from the excessive use of technological equipment and tools, among other things. On the other hand, this research traces out the objectives and reasons the civil protection of the environment still raise numerous issues regarding research and regulation, especially concerning climate change. The interest of most positive legal systems in enacting legislation to protect the environment is relatively recent due to the multitude of negative impacts affecting it. These impacts vary according to human activity, particularly those resulting from evolving climate changes. This interest has manifested in attempts to find various solutions for environmental protection and mechanisms for implementing them. Accordingly, it is advisable to keep pace with environmental protection through legislation that includes clear and tangible procedures and guarantees to ensure this protection. All these questions, and others, make the study of civil protection of the environment from climate change a fertile and vital field for research and study. So, this research addresses civil protection of the environment from climate change by explaining and clarifying climate change, its causes, and its mitigation. It also examines the positions of the American and Egyptian systems regarding procedures and measures to address these changes, as well as the rules for safety, security, and civil compensation for environmental damage.
Abstract: The purpose of this research was to identify to identify climate change, its causes, and how to address it to achieve a green climate, as well as the pollutants that cause climate change and how to avoid them. Also to identify the preventive and procedural role played by relevant authorities in combating pollution. And to investigate the most impor...
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Research Article
The Legal Framework of Land Regulation in Mongolia and Issues of Territorial Security
Ankhbayar Erdenebaatar*,
Gantugs Gankhuyag
Issue:
Volume 9, Issue 2, June 2026
Pages:
217-223
Received:
6 April 2026
Accepted:
17 April 2026
Published:
30 April 2026
DOI:
10.11648/j.ijls.20260902.17
Downloads:
Views:
Abstract: This article examines the relationship between the legal regulation of land in Mongolia and territorial security from doctrinal, historical, and systemic perspectives. In modern legal theory, territorial integrity constitutes a fundamental element of statehood and a core component of national security. However, the legal regulation of land in Mongolia is often approached primarily as a matter of property and resource management, with limited attention to its implications for sovereignty and territorial security. The purpose of this study is to analyze the existing legal framework governing land relations in Mongolia and to assess its impact on territorial security. The research applies a qualitative legal methodology based on doctrinal analysis of primary legal sources, including the Constitution, land-related legislation, and national security policy documents, complemented by historical analysis and elements of comparative and systemic reasoning. The findings reveal that, although Mongolia has established a comprehensive legal framework regulating land relations, the coexistence of multiple laws and administrative acts has resulted in overlaps, inconsistencies, and regulatory gaps. These deficiencies weaken the effectiveness of the unified land fund system and may undermine coherent land governance. Furthermore, the expansion of private land ownership, while reflecting economic and legal development, raises challenges in balancing individual property rights with the protection of territorial integrity and national security interests. This article contributes to the literature by conceptualizing land regulation not merely as a domain of property law, but as a strategic legal mechanism directly linked to sovereignty and territorial security. It argues that improving the coherence of land legislation, strengthening the governance of the unified land fund, and aligning land ownership policies with national security objectives are essential for safeguarding Mongolia’s territorial integrity and long-term national interests.
Abstract: This article examines the relationship between the legal regulation of land in Mongolia and territorial security from doctrinal, historical, and systemic perspectives. In modern legal theory, territorial integrity constitutes a fundamental element of statehood and a core component of national security. However, the legal regulation of land in Mongo...
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