Controversial Law Research Articles

The Political Uses of the Covid Pandemic in the Rise of Greek Neo-Authoritarianism

ABSTRACT Post-2010 economic and more recently pandemic shocks opened the path for re-invigorating Greek authoritarianism while undermining democratic institutions. This paper examines the ways in which the authoritarian conundrum reshapes progressively, on the ashes of the socio-economic and health crises, the cultural and political foundations of the rule of law in Greece. The paper consists of the following sections. First, it tries to discuss critically patterns on authoritarian rule by, first, drawing on its socio-historical origins and analyses in theoretical terms the rise of Greek neo-authoritarianism with an emphasis on COVID-19. Second, it discusses how pandemic laws and subsequent policy processes opened the path for controversial repressive law fostering neoliberal policies. Third, it sheds light on the institutional dimensions of the public health crisis, declared in March 2020 that required public authorities to establish a restrictive and mainly preventive state of emergency, while discussing the political and social consequences of the exacerbation of executive dominance. Fourth, it shows that in moving from a provisional state of emergency—which in principle is not constitutionally unconditional—to a state of (permanent) exception that defies the legal order, Greece has progressively developed an authoritarian apparatus of legal permissiveness, a new form of authoritarian legality.

UN Resolution 16/18: An Attempt to Reconstruct the Indistinctness of the Blasphemy Law in Religious Life in Contemporary Indonesia

The purpose of this article is to describe the vagueness of the concepts and the negative effects of the Blasphemy Law, which is operated in contemporary Indonesia with the law No. 1/PNPS/1965. Since its enactment in 1965, this law has been used by various intolerant groups to vilify, to discredit and to discriminate minority communities, including indigenous people, aliran kepercayaan groups (often used interchangeably with aliran kebatinan or Kejawen), and other non-conformist groups as deviant. According to the Blasphemy Law contents, opethese groups are not recognized as official religions because their religious doctrines are not allowed to be practiced and contradict those held by the majority. This article argues that the maintenance of the Blasphemy Law in Indonesia is not only detrimental to interfaith relations and harmony among the country’s diverse religious communities, but also contributes to the high number of violations of religious freedom and belief. Furthermore, a lot of researchers measure that the blasphemy law is one of two major problems in Indonesia — the other problems are related with religious conversion and proselytism. Its repeal is essential to promote religious tolerance and respect for individual beliefs. Certain doctrines are accepted on the basis of majority rather than merit, while those of minorities are often disregarded. Alternatively, this article will consider Resolution 16/18, also called “Combating Intolerance, Negative Stereotyping and Stigmatization of, and Discrimination, Incitement to Violence against Persons Based on Religion or Belief,” which was submitted by the Organisation of Islamic Cooperation (OIC) countries to the UN Human Rights Council in 2011 to address the problems caused by the controversial blasphemy law. Keywords: Blasphemy Law, Religious Freedom, and UN Resolution 16/18.

YOUTH MOVEMENT IN INDONESIA: OMNIBUS LAW DEMONSTRATION

Youth movement is crucial in Indonesia because since the beginning of Indonesia’s independence, the young generation has been one of the main actors. This article aims to examine the youth movement that occurred in 2020. University student groups held demonstrations against the controversial omnibus law in almost every major city in Indonesia. The protests against the job creation omnibus law, which originated as a bill, occurred across regions in Indonesia on February 12 and October 20, 2020. This youth movement to reject the omnibus law is proof that despite many societal groups rejecting the bill, the government continues with its decision due to differences in perspective. Yet, this action remains a right of young people to express their aspirations regarding the political situation in Indonesia. Differences in opinion may incite youth to demonstrate against government bills and judgments

Terjadi Penyempitan Ruang Demokratis Di Indonesia yang Makin Menguat Gejalanya di Masa Pandemi

Indonesia has undergone a transition towards a democratic system since the 1998 reformasi, but the quality of its democracy has significantly declined since 2013. Civil liberties have decreased, accompanied by an increase in persecution cases against minority groups and the use of the Information and Electronic Transactions Law (ITE) to restrict freedom of speech. The COVID-19 pandemic has posed additional challenges with emergency policies that limit human rights, such as freedom of assembly and movement, as well as the adoption of controversial laws that have sparked protests. Political elites play a key role in upholding democracy and civil liberties. Strengthening democracy in the future requires better political transparency, strong protection of human rights, and active civil society participation in monitoring the political process. With these steps, Indonesia can continue its journey towards a more inclusive, transparent, and resilient political system in the future.

Spain: Political Developments and Data in 2023

AbstractThe year 2023 was marked by a dense and turbulent political period. The country faced local and regional elections, snap elections and the reformulation of the left‐wing coalition government. Spain also chaired the Council of the European Union during the second semester. The victory of the right (the Partido Popular and Vox) in the local and regional elections held in May in 12 regions (Autonomous Communities), precipitated the call for general elections in July 2023. This process culminated in the renewal of the Sánchez coalition government with support from the Basque and Catalan pro‐independence parties and the exclusion of Podemos leaders from the new governing coalition. The decline of Podemos, the emergence of Sumar and the disappearance of Ciudadanos characterise the new Parliament. The reform of the law on sexual consent and the start of negotiations on a controversial amnesty law dominated the political agenda. In terms of the Spanish economy, the negotiation of an addendum to the National Recovery and Resilience Plan also stands out.

The Pancasila Ideological Direction Bill (RUU‐HIP): A Missed Opportunity?

Indonesia faces a number of acute developmental challenges, hence, there is a need for evidence-based policies to address a range of socio-political issues. This article examines the rise and fall of an ill-fated bill introduced into parliament in 2020 (the “RUU-HIP”) which sought to reshape the nation’s understanding of the state philosophy, Pancasila, while promoting “policy based on national science and technology.” The article argues that Pancasila, which mandates “Belief in the One and Only God” as its first tenet, has a number of unintended and damaging consequences; it limits freedom of religion and thought; bolsters the position of powerful mainstream religious organisations; contributes to extremist, marginalising religious stances; and acts as a potent and pervasive barrier to innovation at all levels of social and political life. As a lens through which to view Indonesia’s national ideology, the article examines the RUU-HIP and takes account of the historical roots of the state ideology and the pivotal role of its main progenitor, Soekarno. It examines some of the deleterious effects of Pancasila outlined above and concludes that the first sila, along with a controversial Blasphemy Law, ought to be amended and repealed respectively, to allow for greater freedom of religion and thought. The article concludes that while amending Pancasila may, contrary to prevailing legal thought, be theoretically possible, in the current socio-political climate this would be unthinkable for most Indonesians.

Humanitarian discourse as racism disclaimer

Abstract Roma communities remain Europe’s most marginalized and disadvantaged population, facing increasing discrimination, especially after the 2015 refugee crisis. European media often portrays them as criminals or anti-social, furthering misunderstanding and social exclusion. This article examines Swedish news media’s representation of Roma, which, at a surface level, appears much less negative. Using Multimodal Critical Discourse Analysis, we analyze two Swedish newspapers’ coverage of the controversial law which sought to criminalize begging, which targeted Eastern European Roma migrants. Our findings reveal that ‘Swedish exceptionalism’–a discourse of human rights, equality, colorblindness, characterized by limited racial literacy–serves to obscure and act as a disclaimer for anti-Roma sentiment and government actions which in fact resemble those criticized in other EU countries.

Discursos parlamentares, economia política e as Leis do Trigo (1839-1846)

ABSTRACT Debates in the British House of Commons between 1839 and 1946 revealed four distinct positions on the controversial Corn Laws. The Radicals, led by Richard Cobden, fought for overall free trade. The moderate Whigs, headed by Lord John Russell, leaned toward a fixed duty on imported corn. The Conservative Peelites, rallied behind Robert Peel, supported the prevailing sliding-scale system, while the landed Tories, who coalesced around Lord George Bentinck, wished protection all around. This article analyzes how the principles of political economy got entangled with political considerations in the speeches delivered by the leaders of each parliamentary faction. It concludes by highlighting the crucial role of political economy, especially the free trade doctrine, along with material evidence and historical precedent, as the key concurring factors in the repeal of the Corn Laws in 1846.

Agricultural Marketing in India: Challenges, Policies and Politics

This article is an attempt to provide a critical review of the present process of agricultural marketing in India in the wake of the recent discontent amongst the farmers that took place with the passing of the three controversial farm laws in September 2020 and giving respite to the agrarian community of the country by repealing of these new laws in November 2021. The old agricultural system of India needs to be changed. The three farm laws that were passed were of the intention to modernize the Indian agricultural market by encouraging investment and increasing competition. However, there was a country-wide protest from the farmers as they were sceptical that these laws would ultimately withdraw or reduce the security net provided by the states and put them in a vulnerable position. The present review takes a deeper dig into the present agricultural marketing situation of India in the context of the new farm laws and tries to critically evaluate the situation. JEL Classification: Q13 Q15 Q18

Indonesia’s anti-extramarital sex legislation: why and how should policymakers respond to prostitution

On 6 December 2022, Jakarta passed a controversial law criminalising extramarital sex within Indonesian territories. In this policy article, in response to Indonesia’s recent criminalisation of extramarital sex, the author problematises how such legislation compounds domestic sex workers’ encounters with poverty. Then, the author visits Indonesia’s minimum tolerance of prostitution, arguing how such an impractical policy hinders Jakarta from eradicating the socioeconomic root causes of prostitution. Next, the author suggests policy directions that Jakarta should take into account in order to deconstruct the problems of underprivileged, marginalised and impoverished women and girls entering the sex industry. Here the author emphasises that Indonesia can deny the recognition of prostitutes, but it has to recognise prostitutes as local citizens. Therefore, social protection schemes designated for domestic citizens should be made accessible on a gender-blind basis, regardless of beneficiaries’ socioeconomic backgrounds.

Dancing with Anthems, Godzilla and Laser Pointers: Performance as Protest in the Post-Umbrella Movement Era and the 2019 Anti-Extradition Law Amendment Bill movement in Hong Kong

In this paper, I explore public performances in protest as a form of civic participation, especially for performances that aim to challenge and critique two controversial laws in Hong Kong, the Anthem Law and the Anti-Extradition Law. I focus on how arguments presented in the protest are performed in public, particularly on how participants make use of their voices and bodies in improvised and choreographed ways. I focus on two examples. The first is a series of “flash mob” events organized by the pro-democracy political party, Demosistō, who performed and parodied the national anthem, “March of the Volunteers”. The second example is a public assembly during the Anti-Extradition Law movement, where protestors used laser pointers to transform a protest space into a disco-like dance floor. I read these cases in dialogue with scholarship on performativity by Judith Butler, Richard Schechner, Jorge Cadena-Roa and Cristina Puga. I focus on how protestors navigate identity through performing with music in public space, where civic engagement manifests as bodily movements, sound and voices.

Pacific media freedom since the pandemic

Commentary: This article discusses the status of media freedom in the Pacific region and the impact of the unprecedented COVID-19 pandemic. It primarily draws on informed comments made by experienced Pacific journalists of an online discussion in December 2021. Further, it updates the situation in several Pacific countries, based on reflections made by the same journalists in March 2023. There have been two major developments in 2023: the newly elected government in Fiji has repealed the country’s controversial media law while the government of Papua New Guinea considers introducing a media law. The article highlights the importance of ongoing vigilance with regard to media freedom in Pacific Island countries.
 It also considers the impact of media freedom in Pacific Island countries during the unprecedented health crisis.

Platform regulation and “overblocking” – The NetzDG discourse in Germany

Abstract This paper analyzes the internet policy discourse regarding the German Network Enforcement Act (NetzDG) in different media settings. We examine the conversation about this highly controversial anti-hate speech law on IT blogs, websites, and in daily German newspapers. We compare the positions brought forward in these different media environments concerning one of the most important topics within the discussion about the NetzDG, specifically the question of whether or not the law will result in censorship, limiting users’ freedom of expression. We employ pretrained transformer-based language models to detect and quantify recurring arguments in the debate.

Montenegro’s Contentious Politics: How Clerical Protests brought Down the Government

Parliamentary elections in Montenegro in 2020 marked an end of Milo Đukanović’s ruling Democratic Party of Socialists, DPS. The defeat was an outcome of clerical protests led and organized by the Serbian Orthodox Church, SOC. This paper explores the contentious politics used by SOC to bring down the DPS-led government over the controversial Law on Freedom of Religions. SOC used its well-rooted repertoires of contention in nonviolent religious processions and channeled the discontent that was present among the people in Montenegro to its advantage. Montenegro’s democratic deficits and systemic corruption helped mobilize the people against Đukanović and DPS. First part contextualizes the evolution of relations between SOC and the government in the past thirty years, to determine the internal dynamics that would define religious re- volt in 2020. Second part looks specifically at religious processions traditionally used by SOC as a type of modular collective action for achieving its political aims. Finally, we dis- cuss how the strategy of non-violent protests of 2020, changed discourse and general mo- nopolization of anti-government sentiments led to a successful outcome at the elections. SOC not only accomplished its goal of terminating the Law, but continues to behave as a state above the state.

H06 Beauty is pain: symmetries in the cosmetic practices of ancient Rome and the modern day

Abstract In the 21st century, the application of toxins, hair removal and skin bleaching are just a small part of an industry standard set by an influential few. There is a surprising degree of symmetry between modern-day practices and those of our ancient ancestors. Although the first use of cosmetics can be traced back to ancient Egypt, the Roman Empire developed such intricate practices that they affected fashion, law and public health. Paleness of skin indicated higher social status in the Roman Empire (625 Bc–Ad 476): it suggested one could afford to remain indoors. Cerussa—sugar of lead—was used to this end. Firstly, vinegar was applied to white lead shavings. Once the lead had dissolved and dried, it was ground and formed into tablets. Despite popular belief, the Romans were aware of the dangers of lead just as we are aware of the toxic nature of mercury and other harmful bleaching agents used by people in modern times. Just as modern influencers are able to shape beauty trends, it is likely that ancient writers held similar sway. In Ad 77, Pliny the Elder wrote that one’s eyelashes fell out from excessive sex and, understandably, the affluent Roman would not want to be regarded in such a light. Eyeliner created from soot and ash was applied with a needle or stick to increase the appearance of thickness of eyelashes. The Italian word for makeup is trucco (trick), and this viewpoint was reflected in several accounts. The poet Juvenal recorded that ‘A woman buys scents and lotions with adultery in mind’. Unfortunately, there is an absence of accounts by women delineating the female attitude towards cosmetics at the time. The modern desire to remove bodily hairs is mirrored by ancient Roman practice. Romans in high society would normally remove hairs, using anything from tweezers to ancient razors made of flint, but they also used hair as a distinctive feature. The emperor Augustus grew his beard and hair out on hearing the devastating news of the defeat of Varus, to reflect his mental state. Much like the $380 billion-dollar cosmetic industry, luxury cosmetics attained by high society had economic consequences. In 189 Bc, when Rome experienced economic strain, the controversial law of LexOppia was introduced, limiting the maximum wealth of women and subsequently their use of these luxury cosmetics. A surprising number of similarities exist between modern cosmetic practices, trends and harms and ancient Roman ones.

Constitutional parasitism, camouflage, and pretense: Shaping citizenship through subterfuge

Abstract Constitutional rights or values are sometimes used by governments to disguise, mask, or misdirect attention from the true nature of their actions. Such strategies of subterfuge are, by their nature, difficult to identify and prove. This article responds to the challenge of identifying and proving subterfuge by demonstrating three types of strategies of subterfuge governments may deploy. To that end it uses a close study of three strategies deployed in the Indian government’s defense of a controversial citizenship law. The first strategy is the introduction and incubation of nationalist versions of constitutional values, exemplified by the Indian government as it planted an alternative nationalist vision of secularism in legal and public discourse about citizenship. The second strategy is the appropriation of constitutional rights to serve as camouflage to deflect criticism of the government’s true aims; the Indian government illustrated this strategy as it used religious freedom to camouflage its goal of removing “infiltrators.” The third strategy is the appropriation of human rights precedents for state action which in fact breaches human rights. The article demonstrates how we might prove, identify, and establish each of these strategies, when they are at work.

Politicisation of Islam and a Culture of Atrocities against Religious Minorities in Modern-Day Pakistan

Abstract Since independence, the politicisation of Islam in Pakistan has fostered a culture of atrocities against religious minorities. This explains why Pakistan tops the list of countries at the risk of mass killings. The Islamic revivalist movement that emerged under the military dictatorship of General Zia-ul-Haq during the 1970s-80s is often equated with Pakistan’s descent into religious intolerance. The controversial blasphemy laws modified under his regime continue to abet atrocity crimes across Pakistan. This article reflects on the constitutional and legal frameworks to understand the prevalence of hate speech and incitement in the country. Through case studies of recent episodes of violence, it sheds light on the state’s complex governance structures, its struggle to counter episodes that incite violence, and the barriers to implementing rule of law. Furthermore, the article highlights the need for key reforms on both national and international level to push for the implementation of atrocity prevention frameworks.

Contesting Indonesian Plain vs Legal Languages: Analysis of Effectiveness on Indonesian Controversial Law

This study is motivated by the difficulty of laypeople to understand the language of law. The study aims to analyze the high complexity of the Indonesian legal language and to generate alternatives that are more effective and easier for the general public. This study has tried to offer a simpler legal language formula, especially in the controversial articles of the Job Creation Law. The data in this study are in the form of text obtained through the official website of the State Secretariat, namely: https://jdih.setneg.go.id/Produk. This study uses a text analysis framework developed by Bivins (2008) as the framework used to apply plain language to legal language. This study shows that the application of plain language in controversial articles of the Job Creation Law is quite effective, especially in the components of sentences, cross-references, voice, and word choice.

Democratic Regression and Environmental Politics in Indonesia

ABSTRACT For more than a decade, the quality of democracy around the world has been declining, but we still know little about the diverse impacts of this democratic recession on environmental politics. This article provides new insights about the implications of democratic regression for environmental politics in Indonesia, which is Southeast Asia’s largest democracy, a globally important biodiversity hotspot, and an example of democratic decline. Based on an analysis of academic literature, international and Indonesian media reports, as well as survey data, this article argues that in Indonesia, democratic decline has had several detrimental consequences for environmental politics. In particular, we argue that the nationalist framing of infrastructure development, along with controversial new laws and tightening restrictions on both activists and academics are undermining prospects for environmental protection. The article also highlights some silver linings that provide hope for both Indonesia’s democracy and its embattled environment.

DATA PROTECTION AND PRIVACY LAWS CURRENTLY IN INDIA WITH CONTRAST TO EUROPE

Data protection is the process of safeguarding important information from corruption, compromise or loss. It covers three broad categories: traditional data protection, data security, and data privacy. Data privacy defines who has access to data, while data protection provides tools and policies to restrict access. The Personal Data Protection Bill is a controversial draft law that aims to implement similar provisions as the General Data Protection Regulation into data protection law in India. The PDP Bill has been referred to a Joint Parliamentary Committee for further debate and examination which lays down various recommendations and modifications to the report. This paper analyses how India lacks a stand-alone data protection law. Even though the Information Technology (IT) Act of 2000 governs the use of personal data, this has been found to be insufficient for ensuring its protection. A Committee of Experts on Data Protection was established in 2017 to look into matters pertaining to data protection in the nation. The Personal Data Protection Bill, 2019 was presented in Lok Sabha in December 2019 and withdrawn from Parliament in August 2022. The Draft Digital Private Data Protection Law, 2022 was released by the Ministry of Electronics and Information Technology in November 2022 for public comment. These amendments need to be done to protect people from fraud and ensure fair and justice for the people.