Draft Bill Research Articles

Socio-spatial dynamics of E-participation: A case study of the Mudamos app in João Pessoa (2017–2020)

Emerging civic technologies can support civil society and the state toward participatory democracy. They offer citizens alternative tools for online participation or e-participation. In this study, we explore the socio-spatial dynamics of an e-participation activity in a city's policy-making process through the artifice of the network analyses. We build upon the idea of a network conceived as an object of human action, considering its social, technical, and spatial elements. We propose a conceptual framework to translate the geographic network of an e-participation activity in the city's policy-making process constituted by six dimensions: vocation, technology, institutional design, spatiality, participation, and the deliberative system. The case study applies the framework to the Mudamos application in the city of João Pessoa, in the State of Paraíba, Brazil. This e-participation tool facilitates digital signatures for Citizen Initiative Draft Bills (CIDB). Despite initial technical, institutional, and financial support, the app did not deliver its potential value. The reasons for low adoption are the lack of economic resources, low levels of civic skills, discontinuation of citizen recruitment, and discontinuation of the partnership between the control agents. Furthermore, socio-spatial inequality was critical in users' access and participation. Our findings suggest that the development of state capacities and participatory literacy are crucial to the success of e-participation initiatives. Consequently, the proposed framework and its application serve as a valuable starting point for researchers and policymakers seeking to understand the socio-spatial relationships involved in this process, offering knowledge to address digital inequalities and increase the effectiveness of e-participation initiatives.

Reform proposal "Occasional surgical oncology" : Medical strategic analysis and ramifications of the draft bill within the framework of the Hospital Treatment Improvement Act (KHVVG) from the perspective of a university hospital

Cancer remains the second most common cause of death in Germany. Performance management and specialization concepts in medicine have the potential to positively influence the care and chances of survival of patients. From the perspective of the University Hospital Freiburg (UKF), the legislative initiative within the framework of the Hospital Treatment Improvement Act (KHVVG) results in anumber of medical strategic implications. This article explains and discusses the background, objectives and contents of the reform project "Occasional surgical oncology" and provides perspectives on strategic fields of action. Analysis and interpretation of the draft of the Act for improvement of the treatment quality in hospitals and on the reform of the remuneration structures (Federal Government draft act). From the point of view of the UKF hospitals should engage in cooperative discussions with neighboring hospitals at the earliest opportunity to shape regional healthcare with the goals of mapping the local allocation of oncology patients for optimal treatment, mitigating the loss of patients at affected locations and preparing for patient growth at facilities that will continue to provide treatment in surgical oncology. The ongoing legislative process and the fact that areliable analysis of relevant treatment areas will be possible for hospitals in the first half of 2025, presents particular challenges for hospitals and the strategic planning of activities. The gaps in the bill presented in this article should be urgently addressed to avoid undermining the project's goals and to support the hospitals remaining in the healthcare system in their preparations.

The other side of platform politics. Law‐making and online participatory democracy in the Five Star Movement

AbstractBetween 2013 and 2021, the Italian Five Star Movement implemented an advanced tool, Lex Eletti, to enhance citizens' online participation in law‐making. Elected representatives had to present their draft bills on the party's platform before introducing them in Parliament, allowing ordinary party members to discuss them and suggest modifications. This paper investigates the impact of the Lex Eletti platform on participatory democracy in law‐making using text analysis and sentence embeddings to compare draft bills and their parliamentary counterparts. Our analysis of a comprehensive dataset, also including statistics about MPs' and party members' online interactions and MPs' legislative activity in Parliament, reveals that the platform had minimal impact: only a few MPs engaged with it, and user attention for bills on Lex Eletti decreased over time. Interaction between platform users and MPs was also limited. Most bills reached Parliament with little to no modifications, irrespective of platform engagement levels. The Five Star Movement's attempt to foster democratic participation through this platform did not significantly affect law‐making activity.

A draft bill imperils Brazilian non-forest vegetation amid climate catastrophes.

A draft bill imperils Brazilian non-forest vegetation amid climate catastrophes.

'Aisyiyah's Posbakum Strategy in Optimising Legal Aid for Women and Children

This paper focused on the ‘ Aisyiyah Legal Aid Post (Posbakum) under the Regional Leadership of ‘ Aisiyah Central Java, which has been accredited by the Ministry of Law and Human Rights and has provided legal aid services to the poor, including women, children and people with disabilities. The establishment of the ’Aisyiyah Legal Aid Post was a decision of the 46th Congress in Yogyakarta , born out of ’Aisyiyah’s concern for law enforcement and justice in society and as a means of fighting for the rights of people who were violated or faced legal problems, especially women and children. This paper explains the strategies and efforts made by the Legal Aid Post ’Aisyiyah Regional Leader of ’Aisyiyah Central Java, in providing services and legal assistance for victims during and after receiving assistance. In addition, it also explains the strategy for institutional strengthening. Data were obtained through documentation studies and open interviews with informants of Posbakum Regional Leader of ’Aisyiyah Central Java Management. Data analysis was carried out using a qualitative descriptive method with a normative approach. The results showed that the Legal Aid Post ’Aisyiyah Central Java provides services to law seekers in the form of both litigation and non- litigation cases. Litigation cases included victim assistance in case settlement, court proceedings and post-litigation assistance. Meanwhile, non-litigation cases included several activities, like legal consultation, research, and community empowerment. The implementation of advocacy and assistance for women, children and disabled victims of violence aim ed to heal trauma, protect women from violence and neglect, protect the rights of women and their children and provide legal defence and protection. The victim assistance strategy used a collaborative approach involving curative and preventive. The collaborative approach is psychological and religious. After providing assistance in court, Legal Aid Posts (PosBakum) assisted victims through psychological and medical rehabilitation of victims, raising awareness of victims so that their rights can be protected, providing training on life skills for victims so that they have technical skills and expertise both in the community and family environment to earn an income that can be used to support themselves and their families. In an effort to strengthen institutions and implement the programmes carried out, the Legal Aid Post (Posbakum) built synergy between all parties to gain a good perspective from law enforcement officials in order to help women with disabilities who are victims of sexual violence get justice. This synergy was achieved through the Fogus Group Discussions with law enforcement officials, facilitators and the community. Additionally, an audience with the Central Java Regional Office of the Ministry of Law and Human Rights was offered. A workshop was conducted for accredited legal aid organisations throughout Central Java in providing legal aid with the Regional Office of the Ministry of Law and Human Rights. They campaigned for the fulfilment of disabled rights in accessing justice, such as having special legal officers trained to handle disabled issues because they need special knowledge and handling. Moreover, they submitted aspirations to provincial parliaments during recess and provided input for draft regulations and bills. Also, conducting education and training. Lastly, make Memorandum of Understanding with networks for case assistance. Keywords: ’Aisyiyah, Legal Aid Post, Victim Assistance, Women and Children, strategy

Moving toward a fairer access to land fostering agroecological transition? A decade of legal change and reframing of debates around soil and climate in France

Although farmland concentration receives narrower media coverage than land grab, it goes hand in hand with impactful environmental and demographic consequences. This article examines the case of France, one of the European countries with the highest level of farmland market control. It questions to what extent the regulation of access to land is adapted to initiate an agroecological and food transition. Its objective is to analyze why and how land concentration has been reframed in the past decade, by which types of stakeholders, building on which sources of legitimacy, and with which legal strategies and results. The theoretical framework combines the sociology of controversies and agenda-setting with a land justice-based approach. This article builds on a textual hermeneutics of 3 documental corpora encompassing a press review with 172 items, 112 documents (press releases, opinion pages, reports, notes, interviews, public speeches, amendment proposals, draft bills, laws, and decisions), and 3,409 tweets (those mentioning loi foncière or the #LoiFoncière hashtag, and those quoting, retweeting, or replying (to) them). These data were contextualized using sporadic participant observation. Since 2013, and more specifically since 2018, 2 networks of left-wing politicians, left-wing farmers’ unions, and civil society nongovernmental organizations have brought land justice concerns up-to-date to put farmland concentration on the political agenda. However, only minor progress has been made. A major factor in this is the chronological gap between, on the one hand, the successive reframings of the issue (from soil quality and climate change mitigation lenses), the proposed legal devices, the degree of projected legal change and, on the other hand, the pace at which the window of opportunity for a new land law has opened and closed. Indeed, the land imaginaries of land commons that underpin the agroecological transition are not yet sufficiently socially legitimate to be enshrined in law.

Regulation of artificial intelligence in Brazil: examination of Draft Bill no. 2338/2023

This article aims to explore the challenges faced by Brazilian Draft Bill no. 2338/2023 in its purpose to implement risk-based regulation of artificial intelligence in Brazil. Based on the inspiration received from the European AI Act, the article describes the Brazilian classification of risks and its impacts for the regulation, the governance rules, the practical application of principles of prevention and precaution, and the administrative and civil liability.

American Privacy Rights Act: A first glance at the US Congress's newest comprehensive privacy bill

The recently introduced the American Privacy Rights Act (APRA) represents the latest attempt to pass a comprehensive federal privacy law in the US that would vern privacy generally across the country. The draft bill proposes novel compromises on controversial topics such as federal pre-emption and rights of private action, which need refinement and are likely to be changed in the legislative process. The attempt to cover not-for-profit entities without accounting for their different purposes seems ill conceived and raises constitutional concerns. This paper examines the APRA in its constitutional, historical and policy contexts.

The National Competency-Based Catalogue of Learning Objectives for Medicine 2.0 for the subject Physical and Rehabilitative Medicine, Naturopathic Medicine. Consensus of Scientific Medical Societies

The learning objectives in the current cross-sectional subject "Rehabilitation, Physical Medicine, Naturopathic Medicine" have been revised as part of the further development of the National Competency-Based Catalogue of Learning Objectives for Medicine (NKLM) to its new version 2.0. Since the NKLM is designed as an interdisciplinary catalogue, a subject assignment seemed necessary from the point of view of various stakeholders. Thus, the German Association of Scientific Medical Societies (AWMF) and the German medical faculties initiated a subject assignment process. The assignment process for the subject "Physical and Rehabilitative Medicine, Naturopathic Medicine" (PRM-NHV; according to the subject list of the first draft of the planned novel medical license regulations from 2020) is presented in this paper. The AWMF invited its member societies to participate in the assignment of learning objectives of chapters VI, VII, and VIII of the NKLM 2.0 to the individual subjects to which they consider to contribute in teaching. For "PRM-NHV", representatives of the societies for rehabilitation sciences (DGRW), physical and rehabilitation medicine (DGPRM), orthopaedics and traumatology (DGOU), as well as for naturopathy (DGNHK) participated. In a structured consensus process according to the DELPHI methodology, the learning objectives were selected and consented. Subsequently, subject recommendations were made by the AWMF for each learning objective. From the NKLM 2.0, a total of 100 competency-based learning objectives of chapters VII and VIII for the subject "PRM-NHV" were consented by the representatives of the involved societies for presentation on the NKLM 2.0 online platform. In the context of the revision process of medical studies in Germany and under the umbrella of the AWMF and the German medical faculties, a broad consensus of competency-based learning objectives in the subject "PRM-NHV" could be achieved. This provides an important orientation for all medical faculties both for the further development of teaching in the cross-sectional subject "Rehabilitation, Physical Medicine, Naturopathic Medicine" according to the 9th revision of the medical license regulations, which has been valid for twenty years, and for the preparation of the corresponding subjects in the draft bill of the novel license regulations.

Legal Policy Impact on Indonesia's Geothermal Industry Development: FDI Cooperation and NDC

Geothermal significantly contributes to the state's energy industry development as a widely available low-carbon, sustainable, and strategic resource. As Indonesia is committed to achieving NZE 2060, renewable energy development is being conducted massively. Seeking Indonesia's geothermal energy potential, several regulations, policies, and schemes are implemented, including investment schemes, as financing plays a vital role in the industry's development. However, establishing a seamless procurement is highly dependent on national law regulations which govern the financing, procurement, and utilizations up to investors benefits. This article identifies international and national regulations on FDI, business schemes, and its alignment with INDC strategic programs, demonstrating Indonesia's commitment. It finds much room for improvement in national law regulation, especially the upcoming RE Draft Bill, as the implementation of established FDI schemes has not met the investor's favors. However, among AMS, Indonesia is the most committed country to achieving NZE. Therefore this article examines the Legal Policy Impact on Indonesia’s Geothermal Industry Development through FDI Cooperation and NDC. This article is conducted in Normative Legal Research and uses the Statutory Approach as its problem approach.

Generationenkapital gleich Zockerkapital? – die implizite Ziel-Performance des Referentenentwurfs

Abstract The following article shows that the objectives of the draft bill, which are being pursued with generation capital, namely the creation of foundation assets of 200 billion euros and annual distributions of 10 billion euros, are achieved without loan interest at a performance of 3.26%. If the foundation has to pay interest on the loan, the required performance increases, but the spread decreases steadily from the initial 3.26%. If the target distributions are to increase dynamically in the future, a performance of around 0.3 percentage points higher would be required as long as the federal government continues to grant loans. This performance appears to be realistically achievable in the long term. Nevertheless, its financial contribution is estimated to be low.

탐정업의 구체적 실현 방안에 관한 논의

This research was conducted to derive discussions on the concrete implementation strategies based on the consensus in the academic community about the necessity of the detective industry, which has been ongoing for a long time. To achieve the research objectives, a review of three bills pending in the current 21st National Assembly was conducted, and the case of Japan, which has implemented detective legislation ahead of us, was examined. Through this, the following conclusions were drawn. Firstly, provisions regarding the scope of business under exceptional prohibitionism; secondly, limitations on the discretion of the police chief according to the granularity and importance of violations subject to administrative disposition; thirdly, delegation of authority on committee composition; fourthly, establishment of provisions to ensure the effectiveness of refusal of registration due to physical or mental disabilities; fifthly, avoidance of excessive legislation on breaches of detective obligations. However, there are limitations to the research as specific methodologies have not been derived at the detailed level, and only rough directions for specific alternatives can be provided. Nevertheless, the significance of this research lies in the fact that it can be utilized as a reference in future bill drafting and can serve as a starting point for in-depth discussions on some of the alternatives proposed in this study.

TINDAK PIDANA PERDUKUNAN TINJAUAN PASAL 545, 546, 547 KUHP DENGAN PASAL 252 KUHP 2023

In Indonesia, the practice of black magic is not new. Although the practice is opposed to religion because it associates partners with God, it is still carried out by people who want to achieve their goals practically or harm someone. In the legal regulations in the Criminal Code, the practice of witchcraft is regulated in Articles 545, 546 and 547. In reality, this article is rarely used as a legal basis for the arrest or sentencing of black magic practitioners. The article on black magic has been discussed for a long time in the draft Bill of the Penal Code, there are many pros and cons about this article on shamanism which is called the’pasal santet’. In 2023 the new Penal Code was passed and the article on witchcraft was regulated in Article 252. with the legal research method, this research focuses on examining the normative law that applies in Indonesia with descriptive analysis until this research concludes that the act of shamanism is a disturbing thing, articles 545, 546, and 547 are considered inappropriate in dealing with this, so that article 252 is needed as legal certainty.

美 해외투자안보심사제도 도입의 주요 쟁점 및 전망

Since the inauguration of the Trump administration in 2017, it has been sensitive to foreign capital investments and mergers and acquisitions aimed at acquiring advanced core technologies in the country under the slogan “Make America Great Again”, The Foreign Investment Risk Review Modernization Act of 2018 was enacted by strengthening the authority of the Foreign Investment Commission (CFIUS). “Resurrection of U.S. leadership” since the inauguration of the Biden administration in January 2021. In other words, part of the Global Supply Chain Reorganization (GVC) with the slogan that the U.S. is the only country capable of leading the international order, The “CHIPS and Science Act of 2022”, which took effect at the end of July 2022, and the “Inflation Reduction Act of 2022”, which took effect on August 16, 2022, are representative examples, while actively cooperating with allies and restoring relations, it shows the same trend as the previous government, which prioritizes national interests.
 On June 13, 2022, the United States released a draft bill to sanction specific overseas investment reviews and business activities to respond quickly to national security risks.This is the so-called “National Critical Capabilities Defense Act of 2022 (hereinafter referred to as 2022 NCCDA or revised NCCDA)” bill. The bill is intended to replace NCCDA 2021, which was included in the U.S. Competition Act (COMPETES Act), which passed the House of Representatives in February 2022. International attention and attention are focused on the case that the state directly applies a security review to foreign investment activities of companies, except for China.
 This study analyzes the characteristics of the U.S. NCCDA bill and presents a response strategy to protect its interests from a national security perspective by synthesizing previous studies of similar international law. In particular, as the control targets and standards that the U.S. government or Congress intends to regulate are broad and include provisions for offshore application, it intends to contribute to the establishment of a response strategy for Korean companies and the government and further technical means requiring international cooperation.

Non-Educator Stakeholders and Public-School Principals' Views on the Proposed Amendments to the South African Schools Act 84 of 1996

On 13 October 2017, the Department of Basic Education (DBE) published Government Gazette No 41178 pertaining to the Basic Education Laws Amendment Bill (hereinafter BELA). The draft bill proposes to amend certain sections of the South African Schools Act 84 of 1996. The DBE gave education stakeholders a window period to make inputs on the proposed Bill. Over 5000 submissions were received.
 On 27 and 28 January 2020, Ms Angie Motshekga (Minister of Basic Education) invited the educator unions and governing body federations to further consultations on the Bill. The Bill was again circulated to the public in 2021 in Government Gazette number 45601 after further amendments.
 In this article, the authors discuss school principals’ (as education stakeholders) opinions on the proposed amendments with a specific focus on school admission and language policies.
 The research on which this article is based was located within the framework of government and management terms like the decentralisation and recentralisation of the powers of principals and school governing bodies (SGBs) and the recent phenomenon of political realism.
 The research took the form of a qualitative case study using triangulation (semi-structured interviews, literature review and document analysis) to gather data.
 The data produced mixed results. Some education stakeholders were very critical of the proposed amendments to the South African Schools Act while other groups welcomed the proposed changes. Some principals felt that the government was employing political realism in rescinding (recentralising) some of the powers that had been devolved to them in 1996 after the dawn of democracy in South Africa. They believed that the recentralisation would impede their autonomy when they carry out their professional and governance duties (the duties the school governing body delegated to the principal) in partnership with their SGBs. They believed it represented a regression to apartheid education. Other principals welcomed a more centralised governance approach where school leadership was dysfunctional and where SGBs provided no meaningful assistance to school principals.

Social Practices (Reform) Act, 2033 (1976) of Nepal in light of Jurisprudence

The paper delves and critically analyze the concept of Volksgeist in Nepali society concerning the Social Practices (Reform) Act, 2033 (1976) and conducts a comparative analysis with the proposed draft bill, tracing the evolving Volksgeist. Ultimately, the paper concludes that jurisprudentially, laws can be categorized as either obeyed or transgressed, with Savigny’s Volksgeist doctrines providing insight into the reasons for transgressions. It advocates for a self-realization approach in addressing social matters, aligning with Volksgeists perspective of law as a biological and evolutionary phenomenon.

CERTAIN APPROACHES OF LEGAL TECHNIQUE

The article discusses a brief description of word order in Kazakh and the potential interference that has developed in the practice of legal technique. Kazakh sentences have some peculiarities due to the specific word order. Numerous researchers have devoted their works to the study of issues in this field. The author refers to the opinion of the Kazakh linguist, outstanding scientist, doctor of philological sciences M. Balakaev and cites his conclusions on the stable order of words, including the order of the main members of the sentence. The article defines this order and illustrates with examples what changes may result from non-compliance. It also analyses the current legislative acts for compliance with the requirements of this literary norm. The results of comparative analysis of the texts of legislation adopted in different periods are reflected in the tables. For example, only one word "болып табылады" (is) has different ordering. The conclusion of the study is presented in the form of a specific approach, which is necessary in the development of legal acts. At the same time, existing gaps in the drafting of companion bills, for which amendments to codes are envisaged, are reflected on examples from existing legislation. The approaches to the presentation of the title and date of adoption of the code provided for in the companion legislation are tabulated, the developers are presented with its specific result-table, which is an auxiliary tool. This result can be referred to as a foundational document for developments. In order to reveal the relevance of the topic, attention is paid to the study of the problem in the practical context. In this respect, a brief overview from the practice of legal technique of a neighbouring country is presented. As one of the ways to avoid gaps, approaches are suggested for use in the development of the text of a legal act. In particular, the final conclusions can be used in law-making practice. In the article the author dwells on the conclusions of scientists who propose methods of excluding gaps in legal documents by means of their competent and correct design.

Performance Analysis of the Legislative Body of the House of Representatives of the Republic of Indonesia during the Covid-19 Pandemic 2020 – 2021

The process of harmonization and strengthening of the draft bill is the most crucial stage in the formation of legislation. The 2019 Corona Virus Disease pandemic in Indonesia caused a socio-economic crisis. Among the challenges is the delay in the Legislative Body's big agenda in drafting laws. This study uses a qualitative method with a descriptive analysis approach. The theory used is the Balanced Scorecard Organizational Performance, with 4 perspectives: Finance, Customer, Internal Business, Learning and Growth. The results of the study describe that the performance of the Legislative Body is related to the Financial Perspective, experiencing refocusing and budget reallocation to overcome the Corona Virus-2019. From the customer perspective, in absorbing the aspirations of the community, the legislative body can only conduct public hearings, seminars, and work visits with using virtual under the rules of the DPR RI. From an Internal Business perspective, the implementation is still not optimal, because it is constrained by the Legislation Board meeting schedule with the commission meeting schedule, and attending meetings online. Furthermore, in the Learning and Growth Perspective, the leadership in the Legislative Institution is quite optimal, seen from the commitment and presence of the leadership of the Legislative Institution in carrying out their duties. The absence of laws that have been ratified, is mostly due to the political process in the formation of laws that cannot be measured quantitatively.

Prawo i Sprawiedliwość wobec procedury zapłodnienia pozaustrojowego metodą in vitro

The main aim of this article is to analyze the position of Law and Justice party (PiS) towards in vitro fertilization (IVF) at the level of ideological and political agenda, results of parliamentary votes, and views of the electorate. Therefore, the following concepts were analyzed: the Law and Justice party doctrinal stereotype, the party's political stance on IVF, draft bills, the position of the party's club in the parliament towards the aforementioned and the results of parliamentary votes alongside the views of the electorate on IVF. Recognizing that human dignity begins with conception, the Law and Justice party is in favor of banning IVF and imposing criminal punishments for carrying it out, experimenting on embryos, and destroying them. These methods include: qualitative analysis of ideological and political program assumptions, institutional and legal assumptions, quantitative analysis of existing data. In order to determine the position of the party's electorate towards IVF, the announcements of the Public Opinion Research Center (CBOS) were analyzed.

Estrategias de atención socioeducativa a la conflictividad multifactorial que atraviesa la escuela. Aportaciones referenciales del Anteproyecto de Ley de Convivencia Escolar Pacífica

This research, as a result of a documentary review, proposes a series of strategies of socio-educational attention focused on reducing the implications of the multifactorial conflict that the educational institution is going through, for which the referential contributions of the Draft Bill of the Law of Peaceful School Coexistence are taken, a legislative initiative in which the purpose is to address the risk factors that make possible the emergence, permanence and systematic practice of school bullying in its various manifestations. Part of the results obtained indicate that the reduction of psychological, social, moral, emotional and physical mistreatment at school requires synergic efforts between the institutional apparatus of the Venezuelan State, the educational community and the family, who in common agreement and from a sense of co-responsibility, must promote strategic actions that strengthen coexistence based on active respect and shared reciprocity. It is concluded that guaranteeing psychosocial well-being and the full development of the personality requires the involvement of education for the exercise of citizenship, as an antidote that contributes to conflict management, acceptance of diversity and respect for the fundamental rights of others.