Current Institutional Arrangements Research Articles

KELEMBAGAAN DAN KEWENANGAN PENGADILAN NIAGA TENTANG UPAYA HUKUM KEBERATAN TERHADAP PUTUSAN KOMISI PENGAWAS PERSAINGAN USAHA

Article 24A (5) of the 1945 Constitution regulates the composition, position, membership, and procedural law of the Supreme Court and subordinate judicial bodies. Initially limited to bankruptcy, postponement of debt payment obligations (PKPU), and commercial matters by Law Number 37 of 2004, the jurisdiction of the Commercial Court has expanded through other laws. This expansion raises two key issues: (1) The need for legal remedies for objections to decisions of the Competition Supervisory Commission (KPPU), and (2) The competence of the Commercial Court to address these objections. This research uses a normative juridical method, suggesting that legal remedies for objections to KPPU decisions should be regulated in a separate law, addressing decisions from institutions beyond the judiciary’s jurisdiction. The procedural aspects for contesting KPPU decisions, outlined in Article 45 of the Omnibus Law Number 6 of 2023, should first be determined within the competence of the Commercial Court as regulated by law. The current institutional arrangements and authority of the Commercial Court, as outlined in the Bankruptcy and PKPU Laws and laws on Intellectual Property Rights, should be revised through a dedicated Law on Commercial Courts. This law should define the court's structure, powers, procedural rules, and set time limits and sanctions for case resolution at both the Commercial Court and the Supreme Court.

Impact of institutional overlapping on water governance of Himalayan City, Nainital, India

ABSTRACT This article investigates the current institutional arrangement concerning water governance in Nainital, India, located in the Western Himalayas. It assesses the availability of water resources, the functioning of the supply system, and sheds light on the role of institutions in managing water resources, supply, and distribution. Through qualitative methods (such as focus group discussions and key informant interviews with officials from water management institutions, citizens, etc.) supplemented by a literature review, the study reveals a complex network of institutions and stakeholders involved in water management. This complexity results in overlapping jurisdictions, leading to accountability gaps and various issues. The study identifies that in Nainital, existing institutions operate independently, impacting water governance in terms of water supply, resources, and environmental aspects. Considering the fragile biophysical environment of Nainital, the study also recommends integration of nature-centric approaches into institutional frameworks, which can be helpful in improving the resilience of water systems and promoting sustainable water governance

Public Policy and Governance Issues in Multi-Ethnic Society: The Predicaments of Policy Agenda Setting in Nigeria

It is an indisputable fact that Nigeria is a multi-lingual, multi-ethnic, and multi-religious country. It is also widely recognized that the country has an abundance of material and human resources due to its diverse population. But what was once seen and considered as a blessing has turned into a serious problem for governance and politics in Nigeria. This is because the determination of ethnic entrepreneurs to invoke the common consciousness shared by individuals who identify with a specific ethnic or religious group lies at the heart of a lot of governance and policy challenges in the country. Symbolic ethnic pluralism has been an element in conflictual group relations whenever there is socioeconomic and political competition in the country. The objective of this paper is to examine how public policy agenda-setting and ethnoreligious consciousness intersect in Nigeria. The study used a qualitative approach, collecting data from the author’s observations as well as a comprehensive analysis of the body of existing literature. The findings imply that the overlapping roles of power, perception, potency, and proximity in political mobilization and policy-making in Nigeria have an impact on the intersection of ethnicity and religion as well as the reduction of complex geostrategic and historical conflicts to ethnic strife. The study recommended that the country’s current institutional arrangements and social norms be drastically altered.

Challenges and Institutional Barriers to Forest and Landscape Restoration in the Chittagong Hill Tracts of Bangladesh

Preventing, halting, and reversing ecosystem degradation is now a global priority, partly due to the declaration of the United Nations (UN) Decade on Ecosystem Restoration by the UN General Assembly 2021–2030 on 1 March 2019. Apart from the most recent global target to protect 30% of the natural planet by 2030 as part of the Kunming-Montreal Global Biodiversity Framework agreed during COP15, there are several other global goals and targets. The Government of Bangladesh (GoB) has also pledged to restore 0.75 million hectares of forests as part of the Bonn Challenge. The Chittagong Hill Tracts (CHT) of Bangladesh contain almost one-third of the country’s state-owned forests and are home to 12 ethnic communities, whose livelihoods are dependent on forests. Although once rich in biodiversity, the majority of the forests in the region are highly degraded due to faulty management, complex institutional arrangements, and land disputes with locals. The CHT, therefore, represent the most promising region for ecosystem restoration through forest and landscape restoration (FLR). Here, using the secondary literature, we examine the current institutional arrangements and drivers of deforestation and forest degradation in the CHT region and potential benefits and modalities to make FLR successful in the region. Based on our study, we suggest that institutional reform is essential for successful FLR in the CHT. We also discuss key interventions that are necessary to halt ecosystem degradation and to secure community participation in natural resources management in the region.

The Importance of Institutional Arrangement to Safeguard Maritime Security and Safety in Indonesia: The Case of Marine Security and Safety Agency

Introduction: Multiple agencies approach has been adopted by the Indonesian government to ensure maritime security and safety. The involvement of multiple actors potentially leads to overlapping authorities and an uncoordinated operation. For stakeholders at sea, such approach is inefficient, ineffective and creates confusion. The situation needs to be addressed to make more a coordinated, efficient, and effective method. This paper tries to address such an issue through institutional law lens.Purposes of the Research: This paper aims to answer three important questions (1) How is the enforcement of security and safety at sea so far? (2) What are the implications as the many institutions involved in the enforcement of safety and security at sea? and (3) What kind of institutional arrangements to be made in the future so that law enforcement at sea becomes effective and efficient?.Methods of the Research: This study utilizes a normative legal approach. It exercises legal doctrines, relevant laws and regulations. It is also suplemented by relevant literatures, books, journals, and media coverages.Results of the Research: This paper finds that the enforcement of security and safety at sea adopts multi agencies where many institutions involved in maintaining security and safety at sea. The fact that multiple institutions simultaniously participate in law enforcement at sea, potentially create overlapping and lack of coordination among them. This also creates confusion and disadvantage to the stakeholders. Therefore, it is necessary to reorganize the current institutional arrangements to minimize the problems on the ground.

The Importance of Institutional Arrangement to Safeguard Maritime Security and Safety in Indonesia: The Case of Marine Security and Safety Agency

Introduction: Multiple agencies approach has been adopted by the Indonesian government to ensure maritime security and safety. The involvement of multiple actors potentially leads to overlapping authorities and an uncoordinated operation. For stakeholders at sea, such approach is inefficient, ineffective and creates confusion. The situation needs to be addressed to make more a coordinated, efficient, and effective method. This paper tries to address such an issue through institutional law lens.Purposes of the Research: This paper aims to answer three important questions (1) How is the enforcement of security and safety at sea so far? (2) What are the implications as the many institutions involved in the enforcement of safety and security at sea? and (3) What kind of institutional arrangements to be made in the future so that law enforcement at sea becomes effective and efficient?.Methods of the Research: This study utilizes a normative legal approach. It exercises legal doctrines, relevant laws and regulations. It is also suplemented by relevant literatures, books, journals, and media coverages.Results of the Research: This paper finds that the enforcement of security and safety at sea adopts multi agencies where many institutions involved in maintaining security and safety at sea. The fact that multiple institutions simultaniously participate in law enforcement at sea, potentially create overlapping and lack of coordination among them. This also creates confusion and disadvantage to the stakeholders. Therefore, it is necessary to reorganize the current institutional arrangements to minimize the problems on the ground.

Examining Institutional Challenges of Land Value Capture: The Case of Implementing Land-based Taxes in the Philippines

Leveraging the increase in property values emerges as an innovative financing method, enabling property owners and developers to contribute to collective benefit. The special assessment tax or special levy is a land value capture tool used to recover the costs of government infrastructure projects. Despite its long-standing existence in the Philippines’ Local Government Code, it is underutilized and its potentials as revenue sources have not been realized. This qualitative study combines extensive literature reviews and semi-structured interviews, including a self-assessment scoring of government staff in the cities of Metro Manila, citing perspectives and experiences in land taxation to examine institutional challenges in utilizing the special assessment tax. Findings reveal that institutional, financial, and technical capacity problems have prevented its utilization despite existing legal mechanisms. Moreover, there is a noteworthy gap in understanding and application at the local level, as the concept of land value capture is yet to be mainstreamed in local public finance. The discussions aim to inform cities and municipalities about the untapped potential of the special assessment tax as a viable revenue source for local development and the regulation of urban growth. Additionally, the study advocates for the importance of building capacities in land-based financing. It emphasizes the need for support and improvements in the current institutional arrangements of land valuation to address socio-economic inequalities.

The Effectiveness of Bangladesh’s Current Legal and Institutional Arrangements for Combating Violence Against Women: A Qualitative Study

Violence against women (VAW) remains a significant issue in Bangladesh. This paper examines the effectiveness of Bangladesh’s effort to develop and reform its legal and institutional arrangements to combat VAW and improve access to justice. Qualitative data were collected through in-depth interviews of 19 stakeholders, 3 focus group discussions in three districts, and content analysis of primary and secondary data. Thematic analysis was employed to identify and analyse patterns within the data. Findings from the study suggest that Bangladesh has made significant strides in legislating against violence and implementing institutional frameworks, but the efficacy of these efforts is compromised by deep-seated societal norms, systemic deficiencies within the justice system, and inadequate support structures for survivors. We argue that addressing these multifaceted challenges requires sustained commitment, enhanced collaboration across sectors, and targeted reforms to ensure that legal protections translate into meaningful outcomes for women and children affected by violence. The findings of this study have global importance in that the lessons learned from Bangladesh’s efforts can guide similar countries in improving their own frameworks, contributing to global efforts towards gender equality and justice.

Funding and financing the zero emissions journey: urban visions from the 100 Climate-Neutral and Smart Cities Mission

Cities play a critical role in delivering emission-free futures, yet the financial capacities, together with the unprecedented estimated capital requirements represent substantial barriers to climate action. In this study, we use data collected through the European Mission on 100 Climate-Neutral and Smart Cities to investigate how 362 ambitious, yet differently prepared cities are fostering climate investment, under three aspects of (i) financial readiness, (ii) financial proactiveness, and (iii) financial innovation. On one hand, according to their self-assessment, over 70% of the cities have not yet estimated—not even roughly—the total investment needed to become climate neutral and the majority (i) have experience in financing only a few specific climate projects, (ii) are ill-equipped to tap capital markets, (iii) have developed only marginally co-financing with the private sector, and (iv) have taken no steps to establish an investor-ready pipeline of projects contributing to climate neutrality. On the other hand, cities are at the forefront of financial innovation, creating blueprints and business models that are being tested under a learning-by-doing approach, creating deep and long-lasting transformative change, and establishing coordinating mechanisms with new critical players. In this context, current financial management, regulation, and institutional arrangements are key barriers to unlocking access to financing and creating an enabling environment for investment at the city level. The different levels of maturity in terms of financial readiness and institutional arrangements are discussed as the catalysers of climate financing at the city level.

The legitimacy work of institutional disruption and maintenance: examining the rivalry between LIV golf and the professional golf association

ABSTRACT Research Question Research has shown those within sport organizations engage in legitimacy work when innovation is introduced and/or when current institutional arrangements are challenged. However, both legitimacy work and emotions have received limited attention within sport management research. This study sought to answer two questions: How do actors in dominant sport organizations frame messages to influence perceptions of legitimacy? And, how are messages crafted to evoke emotional responses from evaluators of new endeavors? Research Methods Using framing theory to guide the analysis, the researchers conducted emotional discourse analysis of 38 mainstream sport media articles to understand how PGA members framed messages to evoke emotional responses from audiences to influence how they perceived LIV Golf. Results and Findings The findings showed that the PGA framed itself as true golf and used emotional discourse to show how LIV Golf undermined the PGA’s conception. Actors suggested that LIV was eroding the legacy and traditions of golf, destroying the game, and negating the meritocratic structures of golf. The discourses within these themes were rife with emotional syntax that became a means of legitimacy work to maintain the dominant positioning of the PGA. Implications This research extends current understandings of legitimacy and institutional work within sport management by showing how emotion can be used as a means of legitimacy work to address/hinder institutional field dynamics, like innovation and competition. This work also shows how subjects of legitimacy work can change from the introduced practices to the introducing actor. Finally, this work shows how challenges can induce institutional evangelism.

Mutuality as a method: advancing a social paradigm for global mental health through mutual learning

PurposeCalls for “mutuality” in global mental health (GMH) aim to produce knowledge more equitably across epistemic and power differences. With funding, convening, and publishing power still concentrated in institutions in the global North, efforts to decolonize GMH emphasize the need for mutual learning instead of unidirectional knowledge transfers. This article reflects on mutuality as a concept and practice that engenders sustainable relations, conceptual innovation, and queries how epistemic power can be shared.MethodsWe draw on insights from an online mutual learning process over 8 months between 39 community-based and academic collaborators working in 24 countries. They came together to advance the shift towards a social paradigm in GMH.ResultsOur theorization of mutuality emphasizes that the processes and outcomes of knowledge production are inextricable. Mutual learning required an open-ended, iterative, and slower paced process that prioritized trust and remained responsive to all collaborators’ needs and critiques. This resulted in a social paradigm that calls for GMH to (1) move from a deficit to a strength-based view of community mental health, (2) include local and experiential knowledge in scaling processes, (3) direct funding to community organizations, and (4) challenge concepts, such as trauma and resilience, through the lens of lived experience of communities in the global South.ConclusionUnder the current institutional arrangements in GMH, mutuality can only be imperfectly achieved. We present key ingredients of our partial success at mutual learning and conclude that challenging existing structural constraints is crucial to prevent a tokenistic use of the concept.

Assigning Financial Stability Role to Central Banks: The Case of Bank of Sierra Leone

After the great financial crisis of 2007/8 and its contagious effects on economies across the world, many countries including Sierra Leone began focusing more attention on their financial systems stability. The key question for policy makers was which institution could be best assigned the financial stability role, given the current institutional arrangement? This paper attempts to present a clear case on why the Bank of Sierra Leone was best suited for financial stability role as enshrined in the Bank of Sierra Leone Act 2019 and the level of framework necessary for the effective execution of this new objective. In addition, Calvo <i>et al</i> (2018) revealed that of the jurisdictions surveyed, 78 percent allocated financial stability responsibility solely to their central banks, and increasing number of jurisdictions have dedicated inter-agency committee in which the central bank plays an important role. Interestingly, for the case of the West African Monetary Zone (WAMZ) region, the central banks are solely responsible for financial stability and prudential guidelines. From the analysis, we also discovered that while the current institutional arrangement may not be sufficiently adequate for sound financial stability implementation, the process of developing a strong financial stability framework was at an advanced stage. The study thus concludes that assigning this role to the Bank of Sierra Leone was the right move as it was already charged with banks’ prudential guidelines and no other institution in Sierra Leone was better placed for it. The study therefore recommends the need for more financial sector reforms to mitigate risks emanating from financial imbalances and destabilising interaction among various key markets, payment and financial institutions.

Integrating Rangeland Fire Planning and Management: The Scales, Actors, and Processes

Research continually adds to our understanding of the ecological factors and biophysical processes driving frequent, large-scale fires on Great Basin rangelands in the western United States. Yet even with advances in forecasting rangeland fire probabilities and likely ecological outcomes of fire, it remains difficult for individuals, communities, or organizations to coordinate their actions across jurisdictions and at an ecologically relevant scale to address collective wildfire risk. In this forum, we discuss current institutional arrangements that perpetuate scale mismatches in this system; that is, institutional objectives, authorities, and capacities that limit coordinated actions to mitigate collective wildfire risk. We make a case for fireshed-scale coordination via rangeland Fireshed Councils, proposed rangeland and fire planning and management units that have both biophysical and social relevance to individuals and organizations engaged in fire risk mitigation. A rangeland Fireshed Council offers a venue for diverse group members to mix and match their respective rules and tools to navigate institutional barriers and capacity challenges in new ways. Operating in a collective arrangement at this scale aims to ensure that an individual's or entity's activities transcend traditional modes of planning (i.e., parcel-scale), complement concurrent management activities, and translate to fire-resilient landscapes and human communities. Rangeland Fireshed Councils will require resources and support from high governance levels for sustainability and legitimacy and relative autonomy to determine how best to support local needs.

Some Failings of Consumer ADR Policy

The promotion of consumer alternative dispute resolution (ADR) has been a consistent policy of the UK Government and appears to be well used. This article addresses two issues. The first is institutional arrangements for consumer ADR policy. The second is the availability of information about the performance of consumer ADR schemes. The argument is that the current institutional arrangements are flawed and that although there is some useful information publicly available to assess the performance of consumer ADR as a whole, it is not easily accessible and has not been used very much. Until these matters are addressed, it is not possible to evaluate the performance of consumer ADR properly and to develop appropriate policies.&#x0D; Keywords: consumer; alternative dispute resolution; Ombudsman; information; complaints.

20대 북한이주여성들의 연애, 성과 사랑에 관한 연구

The purpose of this study was to explore the perception and experience of love, sex and love of North Korean immigrant women by using qualitative case study methods. Six North Korean immigrant women were participated in-depth interview and five themes with 15 subcategories were derived. First, the participants experienced many changes and confusion in their perception of sexuality after entering South Korea. Second, although the participants are getting used to South Korean sexual culture, but still clumsy in emotional expressions related to love. Third, the study participants recognized that Korea's love culture is calculated and fast with clear psychological boundary between lovers compared to North Korea, Finally, the study participants prefer the men with sense of gender equality, abundant emotional expression, and caring and good manners. Along with the limitations of the current study, institutional arrangements and programs were proposed to promote North Korean immigrant women's adaptation to love and marriage in South Korea.

Integrating Rangeland Fire Planning and Management: The Scales, Actors, and Processes

Research continually adds to our understanding of the ecological factors and biophysical processes driving frequent, large-scale fires on Great Basin rangelands in the western United States. Yet, even with advances in forecasting rangeland fire probabilities and likely ecological outcomes of fire, it remains difficult for individuals, communities, or organizations to coordinate their actions across jurisdictions and at an ecologically relevant scale to address collective wildfire risk. In this forum, we discuss current institutional arrangements that perpetuate scale mismatches in this system (i.e., institutional objectives, authorities, and capacities that limit coordinated actions to mitigate collective wildfire risk). We make a case for fireshed-scale coordination via rangeland Fireshed Councils, a proposed rangeland and fire planning and management unit that has both biophysical and social relevance to individuals and organizations engaged in fire risk mitigation. A rangeland Fireshed Council offers a venue for diverse group members to mix and match their respective rules and tools to navigate institutional barriers and capacity challenges in new ways. Operating in a collective arrangement at this scale aims to ensure that an individual's or entity's activities transcend traditional modes of planning (i.e., parcel-scale), complement concurrent management activities, and translate to fire-resilient landscapes and human communities. Rangeland Fireshed Councils will require resources and support from high governance levels for sustainability and legitimacy, as well as relative autonomy to determine how best to support local needs.

Integrated long‐term care partnerships between government social care and health agencies in Brazil: The Belo Horizonte model

AbstractThe article sets out key elements of the policy agenda for enhanced integration between health and social care for older people in high‐income countries and demonstrates its wider relevance to low‐ and middle‐income countries (LMICs). The article then explores the context for this agenda in Brazil, including growing demand for long‐term care (LTC) and current institutional arrangements. It goes on to discuss a case study project of partnering for LTC between local social assistance and health agencies in the Brazilian city of Belo Horizonte. It identifies challenges and potential benefits of this partnership model, offering policy insights for LTC policy in Brazil and other countries.

Policy coherence between climate change adaptation and urban policies in Ghana: implications for adaptation planning in African cities

ABSTRACT African urban areas and cities are primarily seen as vulnerable to climate change. Apparent attempts to get required policies have led to the widespread proliferation of overlapping and duplications of policies. Using a policy coherence framework, this study aims to synthesise the coherency of climate adaptation and urban policies in Ghana. The study used content analysis of existing policy documents to understand if specific variables are explicit, implicit or not mentioned in four urban and climate change policies in Ghana. It was found that there is a minimal degree of coherence only in the adaptation measures, but there is a general lack of coherence in the motivation and implementation. This can be attributed to radically different current institutional arrangements for urban planning and climate change, inconsistent use of data and terminologies, and lack of embracement of innovations in urban planning in African cities. The findings suggest that attention must be given to integrated collaborative adaptation planning to address these impediments in urban planning context of African cities.

The Dismantling of Growth Management in Florida?: The Consistency Mandate, Policy Change, and Institutional Realignment

In 1985, Florida established a groundbreaking approach to growth management and intergovernmental relations, which the state’s 2011 Community Planning Act is widely described as ending. This paper presents a history and institutional analysis of policy changes for the State’s core consistency doctrine. It concludes that the CPA did not end growth management since Florida retains the mandate for local planning consistent with state growth management criteria and subject to state review. However, it does formalize diminished state authority over local planning. Florida’s current institutional arrangement for planning involves an assertive state rule-making stance, but shifts planning responsibility to local governments.

Examples of transport policy formulations: Japanese institutions and organisations from ancient times to the present

This descriptive and interpretative paper illustrates Japanese institutions and organisations that are related to transport at different points of time, and what specific internal and external innovations in transport technology or policy processes were introduced. The New Institutional Economics defines institutions as the “rules of the game” that consist of both the formal legal rules and the informal social norms that govern individual behaviour and give structure and meaning to social interactions of institutions and organisations. The research methodology includes site visits and interviews, and the interpretation of historical literature in English and in Japanese. People are the driving force behind policy and research events and this is illustrated with seven Japanese case studies: administrative practices in the ancient port of Naniwa; canals constructed by merchants in 17th Century Osaka; early railways and the 1964 bullet train (shinkansen) and the Chuo Maglev railway under construction early 20th Century aviation, autonomous driving vehicles under development, and research into private financing initiatives (PFI). An understanding of the history of change, and the dominant actors involved, is essential when analysing current institutional and organisational arrangements and how they may change under internal or external pressures, as illustrated by the future Japan Society 5.0 and the transformation to “agile governance” and what this means for transport policy development.