Thaksin Law Journal

Legal Problems Do Not Allow Refunds to be Subject to Judgement Execution: A Case Study of a Savings Cooperative in Songkhla Province

Konvipa Chanasit — 2025-05-16

The Research had the purpose of studying the execution and cooperative law and studying the execution in terms of average payback to suggest legal measures to protect the average payback from judgment execution. This is qualitative research that uses document research methods and then uses in-depth interviews to obtain data to analyze the research results that suggest the relevant laws be amended so that the average payback will not be subject to judgment execution.

The results of the study of documents and opinions received from the sample group found that, the execution of average payback causes various problems, such as the problem of who should have the right to average payback between external creditors or debtors, the problems of the cooperative's right to average payback because cooperatives do not have preference right in average payback, and the problems of the right to seize average payback from external creditors that had bad results for cooperative debtors and external creditors. Therefore, to solve the problem that arises from the fact that the average payback is still under the liability of legal judgment execution, the researcher recommended amending the Cooperative Act, Section 42, and related rules and regulations.

Legal Problems Concerning the Authority and Operational Format of the Justice Fund in Supporting Legal Education Projects for the Public

Thirawan Klangnarong — 2025-06-11

This research aims to study, analyze, and recommend guidelines for enhancing the efficiency of the authority and format of the Justice Fund. in supporting legal education projects for citizens to enhance access to justice. The research methodology employs qualitative research through documentary research, studying and collecting relevant data including laws, regulations, textbooks, articles, research reports, and other documents, followed by content analysis.

The research findings reveal that: 1) The Justice Fund has significant authority in providing legal knowledge to citizens to promote access to justice; however, the Fund lacks proactive implementation; 2) The Justice Fund's legal education formats remain attached to traditional methods such as organizing seminars and distributing documents, which have limitations in reaching the wider public; 3) The Justice Fund must operate proactively and develop its format by focusing on digital technology to increase efficiency in access to justice and public learning, such as developing applications, websites, and social media to disseminate legal knowledge, as well as establishing standards for quality control of published information and supporting innovative legal education projects.

This research leads to recommendations for amendments to relevant laws and regulations to enable the Justice Fund to support legal education projects for citizens more effectively, which will lead to more equitable access to justice in society.

The Right of Inheritance Right as a Statutory Heir Between a father and an Illegitimate Child

Kanyana Sripruk — 2025-06-06

Section 1627 of the Thai Civil and Commercial Code recognizes that a child born out of wedlock, if acknowledged by the father through conduct, shall be deemed a descendant and entitled to inherit from the father as a statutory heir. However, the law does not clearly define the scope of such conduct. A legal ambiguity arises as to whether a father’s oral declaration to bequeath property to his illegitimate child recorded in a video clip and publicly disseminated can be considered sufficient acknowledgment. Additionally, the law does not grant reciprocal inheritance rights to a father who has acknowledged his child through conduct, resulting in legal inequity. This research aims to propose legal reform to ensure clarity and fairness in inheritance rights between a father and his illegitimate child.

The findings reveal that while such a video-recorded declaration does not constitute a valid will under the Civil and Commercial Code, it may nevertheless be interpreted as acknowledgment under Section 1627. Despite this, the law still lacks provisions that allow
a father who has acknowledged a child through conduct to inherit from that child as
a statutory heir, which leads to unjust treatment toward the father. To address this issue, the study proposes an amendment to Section 1627 by adding a second paragraph stating that
a father who acknowledges his child as described in the first paragraph shall be deemed
a statutory heir of the child and entitled to inheritance, as are parents under Section 1629(2). Similarly, under Section 14 of the United Kingdom’s Family Law Reform Act 1969,
a biological father is entitled to a share in the estate of his illegitimate child based on blood relationship, without discrimination between a legal father and a biological father in matters of inheritance rights.

Rights and jurisdiction of coastal states to oil smuggling in exclusive economic zones in Thailand.

suphassorn siriphanpak — 2025-06-30

Oil is considered an exhaustible resource. Oil is considered essential to human life in terms of transportation. Oil is a factor that drives the economy of every country. As a result, countries that have little or insufficient oil for use must trade with countries that have a large amount of oil. It will be taxed by the coastal state. It is often found that oil smuggling is carried out in the maritime zone because they do not want to pay taxes to the coastal state, which affects the tax collection of the coastal state and creates a risk of serious maritime incidents. Impact on biodiversity and sustainability of natural resources in the sea. Considering the 1982 United Nations Convention on the Law of the Sea, it is found that the maritime zones of coastal states have been extended from the territorial sea to the contiguous zone for states that are party to it. The objective is to solve the problem of illegal customs duty evasion. But in the case of the exclusive economic zone, it is a special administrative zone that specifies the rights and jurisdiction of the coastal state, including various freedoms that every state can exercise in the exclusive economic zone. It will consider whether against oil smuggling in the exclusive economic zone is an economic activity over which coastal states have the authority to control. Including problems in claiming freedom of navigation rights. To find ways that coastal states can solve this problem without going against the principles of international law. United Nations Convention on the Law of the Sea 1982.

restorative justice, diversion Restorative Justice for Adults and Minors: A Comparative Study between Indonesia and Thailand

Rizky Juventus Simangunsong — 2025-06-30

Indonesia and Thailand, as countries that adopt the civil law legal system, also adopt the principle of Restorative Justice in their criminal law systems. This study aims to determine the comparison of the principle of Restorative Justice in the legal systems of Indonesia and Thailand. The research method used is comparative normative juridical against restorative justice regulations in handling criminal acts in Indonesia and Thailand. The results of this study indicate that: (1) Indonesia has a more assertive and detailed legal basis regarding the application of restorative justice to adult perpetrators, especially in terms of the classification of types of criminal acts that can be subject to this mechanism, compared to Thailand. This condition has the potential to cause legal uncertainty in Thailand due to the lack of clear regulations. (2) Diversion in Thailand uses more formal and procedural terminology, which reflects conformity with the applicable legal mechanisms, in contrast to diversion in Indonesia, which is generally implemented through an informal deliberation process. In addition, diversion in Thailand, known as Family Community Group Conferencing (FCGC), emphasizes the active role of the community in the process of resolving children's cases, thereby strengthening community involvement as an integral part of alternative settlement mechanisms outside the courts.

Political Participation of People in Republic of Finland

Boonruen Niempan — 2025-05-13

Political participation is very important for the development of democracy. If the people understand and are aware of and participate in politics, it will have a positive effect on the development of democracy. Political participation is an important factor in the development of the economy, society, and technology of the country and the world society to progress and be sustainable.

Currently, The Republic of Finland has been ranked as the happiest country in the world for six consecutive years, according to the World Happiness Report 2023 by the United Nations (UN). Finland is considered to have high political stability, which is due to the potential for political participation of the people in the Republic of Finland. According to the Democracy Index 2021, data from the Economist Intelligence Unit (EIU) is an average score of the countries with the most complete democracy in the world. It was found that the Republic of Finland was ranked third. Therefore, it is interesting to study how the Republic of Finland is governed, leading the country to prosperity, successfully allowing the people to participate in politics, and the people are continuously happy to this day.

Upgrading Community Products to be a “SMART Local”

Kanyapach Dulyapach — 2025-05-13

The COVID-19 crisis has resulted in community products facing challenges in the modern market. concept "SMART Local" was developed to revive the local economy through a combination of local wisdom and creative innovation. Therefore, the purpose of this academic article is to study the upgrading of community products from " One Tambon One Product" (OTOP) to a "SMART Local" business organization. The results of the study found that according to Article 43 of the Constitution of the Kingdom of Thailand B.E. 2560, communities have the right to conserve and develop local resources and wisdom, which are an important foundation for creating sustainability under the concept of "SMART Local". Therefore, communities are an important foundation for jointly developing and creating value for community products by creating a selling point of "community products" to become "Soft Power" that still retains the charm of Thainess by drawing on the uniqueness and identity of each locality by combining creative innovation to become a "SMART Local" business organization, which comes from S-M-A-R-T, which is the ultimate community product (Superlative), modern (Modern), charming, unique, and maintains Thainess (Attractive), outstanding with identity (Remarkable), and confident in the quality and reliable product standards (Trust), until becoming a strong professional entrepreneur and being able to establish a sustainable business organization under the concept of creating shared value. This is in line with the 20-year Human Resource Development Strategy of Thailand (2017 - 2036) and the 12th National Economic and Social Development Plan, which emphasizes a good life with valuable employment opportunities, according to the economic model for sustainable development, or the so-called “BCG Economy” (Bio-Circular-Green Economy). This is a concept of using science, technology, and innovation to enhance sustainable competitiveness in order to drive Thailand forward in a tangible way, distribute income to communities, reduce inequality, strengthen communities, be environmentally friendly, and achieve sustainable development, which is in line with the Sustainable Development Goals (SDGs) of the United Nations and in line with the principles of the Sufficiency Economy Philosophy (SEP), which is an important principle in developing Thailand’s economy and society together on a long-term basis that creates mutual benefits.

Preventive and Remedial Measures for Elderly Victims of Online Crime in Thailand Compared to Japan

Yutthachai Duangsawat — 2025-05-13

This academic article aims to study the problems of the elderly who are victims of online crimes, study the laws related to the rights of the elderly to receive compensation, including the Constitution of the Kingdom of Thailand B.E. 2560, the Elderly Act B.E. 2546 and its amendments B.E. 2553 and B.E. 2560, the Compensation of Victims and Compensation and Expenses for Defendants in Criminal Cases Act B.E. 2544, and the Royal Decree on Measures for the Prevention and Suppression of Technology Crimes B.E. 2566 and study measures to prevent and provide relief to the elderly who are victims of online crimes in Thailand compared to Japan.

The results of the study found that the elderly tend to fall victim to online crimes due to their behavior in using social media, with the majority using Line at 44.72 percent, using Facebook at 30.56 percent, using YouTube at 29.60 percent, using Instagram at 4.80 percent, and using Twitter at 3.44 percent. In 2565, the Electronic Transactions Development Agency (ETDA) reported data on the elderly who fell victim to scams. Through online media to 22%, an increase of 16% from 2021, the channels where the elderly are deceived the most, according to the Consumer Council, are using Facebook 44%, Line 31.25%, and Instagram 5.25%. In addition, when considering the Act on Compensation of Victims and Compensation and Expenses for Defendants in Criminal Cases B.E. 2544 and the Royal Decree on Measures to Prevent and Suppress Technology Crimes B.E. 2566, it shows that Thailand's laws do not cover the victims of online crimes of the elderly. The said laws only stipulate crimes related to sex, life, and body. However, when comparing with the laws of Japan, where one-third of the country's population is elderly, it was found that Japan has enacted a law on compensation for victims of crimes in criminal cases. The state provides protection for victims of crimes in cases of serious mental damage, which covers the elderly who are victims of online crimes.

Recommendations suggest that the state enact concrete measures to prevent and provide relief to the elderly who are victims of online crimes.

SUPPORTING LAND DEVELOPER OCCUPATION

siwaporn saowakon — 2025-06-05

The study on supporting land developer occupation aims to investigate (1) the concepts on land developer occupation, and (2) laws related to land developer occupation through documentary research and related research and analyze the data and present the results according to the research objectives.

The findings revealed that land developers are responsible for doing several aspects of duties consisting of planning development, request for development, quality audit and control, as well as specifying the environmental impact assessment. Although Thailand issued several laws to control land developer occupation including land allocation, building control, urban planning, environment, registering property and rights, it lacks the specific law to support land developer occupation.

In order to build standard and credibility among land developer occupation, the laws supporting land developer occupation would be an important mechanism in supervising and promoting sustainability of land developer occupation. Therefore, the researcher would like to support the establishment of the specific law related to land developer occupation.