Incomplete Regulations Research Articles

ESG Practice of Domestic Listed Companies

This article conducts in-depth research on the uniformity of the ESG (Environmental, Social, and Governance) information disclosure framework. The article points out that in order to ensure horizontal comparability of ESG information, a standardized disclosure framework similar to financial information must be implemented. The article emphasizes the importance of establishing a unified disclosure framework by analyzing the current situation of ESG information disclosure both domestically and internationally, especially the relevant laws, regulations, and guidelines in Europe and America. At the same time, the article also points out the problems in the ESG development of listed companies in China, including incomplete regulations, inconsistent disclosure frameworks, and insufficient information comparability. Based on these analyses, this article proposes suggestions for constructing a unified ESG disclosure framework in China to promote effective comparison and evaluation of ESG information among enterprises.

Aksesibilitas Pelayanan Publik bagi Penyandang Disabilitas pada Pemerintah Daerah Kabupaten Tangerang

In this study, there is an identification of a gap between what is expected and the actual reality in the efforts of the Tangerang district government in fulfilling the rights of persons with disabilities. This gap, which is called das sein and das sollen, encouraged researchers to make a thesis on the issue. The purpose of this study is to provide a detailed description of the level of accessibility of public services available to individuals with disabilities within the Tangerang Regency local government. Zeithaml, Parasuraman, and Berry (as cited in Hardiansyah, 2018: 63) propose that to assess the quality of service actually perceived by consumers, there are specific indicators of service quality that can be categorised into five categories of service quality, namely tangible, reliability, responsiveness, assurance, and empathy. The results of this study have several points 1) Incomplete regulations or technical implementation standards for public services for persons with disabilities in the form of Tangerang Regent regulations as guidelines for the implementation of Tangerang Regency PERDA No. 11/2018 concerning the protection and fulfilment of the rights of persons with disabilities; 2) The attitude of government officials towards persons with disabilities The government is one of the important actors in the successful implementation of public service accessibility for persons with disabilities. 3) Attitudes of non-disabled people towards people with disabilities and people with disabilities towards non-disabled people In addition to the government as an important actor in the successful implementation of accessibility of public services for persons with disabilities, non-disabled people have an important part in the successful implementation of public service accessibility for persons with disabilities. Suggestions for the Tangerang Regency Government, especially public service providers from the executive branch, to immediately make a Tangerang Regent Regulation (PERBUP) regarding the fulfilment of the rights of persons with disabilities so that it can become a guideline and technical guidance for all public service providers.

The Enigma Implementation of Predictive Algorithms in Indonesian Legal Perspective

Predictive Modeling is a statistical technique that can predict future results with the help of historical data and machine learning tools to see if there is a potential for criminal acts in an area using technology. If the Predictive Algorithm is applied to a system in Indonesia, Indonesia must first consider the mechanism for using the system and the risk impact of the system. This research uses normative juridical research. This study uses several approaches, namely the statutory and conceptual approaches. What needs to be considered if this system is implemented in Indonesia is that there is currently no law on personal data, so there are still norms in the regulation of personal data, incomplete regulations regarding Indonesian cyber crime, violations such as the presumption of innocence, and Indonesia must revamp the system. Judiciary in Indonesia, considering there are still areas lacking internet signal. The use of Predictive Algorithms in certain sectors has a good impact. Still, the implementation of Predictive Algorithms in the government sector, especially the Criminal Justice System, violates the human rights of the suspects or suspects related; before the performance of the Predictive Algorithm system, Indonesia must prepare a special law with Personal Data and Reform of the Justice System in Indonesia.

Cross-Laminated Timber: A Survey on Design Methods and Concepts in Practice

Cross laminated timber (CLT) is becoming increasingly popular in timber construction due to its versatility. However, its structural anistropy requires the application of particular concepts and design methods. The article on hand presents the results of a worldwide survey conducted among engineers working with this product. Thus, it presents the current state of knowledge and practice on CLT construction: an overview of the experience of engineers working with CLT design, the commonly used verification methods, and the implementation of the material properties and different required assumptions in the software. An outlook to design problems in complex design situations relevant for multi-storey buildings and potential research fields is indicated additionally. The general picture is quite heterogeneous, with little consensus on the assumptions, design methods or applied tools. A wide repertoire of different approaches based on a large range of literature is found in practice. This is in part the result of the current lack of standardisation and currently incomplete regulations. Future efforts should focus on these two aspects to increase the applicability of CLT globally and strengthen its competitiveness.

Emission pricing, emission rebound, and the coverage scope of incomplete regulations

This paper studies the emissions pricing of incomplete regulations when accurate firm-level information is unavailable. In an economy with monopolistically competitive heterogeneous firms, the equilibrium can be sufficiently characterized by an aggregate statistic, which we call the “coverage scope”. Given the coverage scope, emissions leakage to the unregulated firms results in a “U-shaped” relationship between the aggregate emissions and emissions price. As the coverage scope expands, the second-best emissions price increases. Firm heterogeneity and market power, the two defining features of the monopolistically competitive economy, affect emissions pricing differently. While both of them affect the second-best emissions price indirectly through coverage scope, market power has an additional direct effect. As a result, the optimal emissions price does not always decrease in market power, which contrasts the traditional wisdom on emissions pricing under complete regulations. A multi-sector model is numerically simulated using parameters for five Chinese manufacturing sectors to be incorporated into a proposed national carbon emissions pricing program. Quantitatively, the second-best price varies substantially with coverage scope and market conditions.

Indonesia Construction Service Law Relating to MRT Development Contracts: A Legal Review with Fidic International Contract

This research was very important because of incomplete regulations related to Late Payment Arrangements and Variation Procedure Arrangements which are regulated in the Construction Services Law because this was very necessary considering the complexity of problems that occur in the construction world in Indonesia. The amendments to the Implementing Regulations also needed to be improved as regulated in Article 51 of Presidential Regulation N0. 54 of 2010 concerning lump sum contracts, there were no price adjustments and additional work, because in fact any construction work for price adjustment and additional work almost always occurred and almost impossible to avoid. So that these regulations could not be applied in the field and could hinder the implementation of construction project work in Indonesia. It was because most of the construction projects in Indonesia required cooperation with foreign investors.

URGENSI PEMBAHARUAN HUKUM AUTOPSI DALAM PROSES PENYIDIKAN TINDAK PIDANA PEMBUNUHAN UNTUK MENCAPAI KEBENARAN MATERIIL

The functions of forensic autopsy in murder investigation process is to examine the victim’s body and provide definite informations about the victim’s death. Forensic autopsy results will be used by Investigators as an evidence that can prove causal verband between the actions of the suspect and the death of the victim. But there are problems, incomplete autopsy regulation which results in uncertainty along with irregularities in the autopsy process in practice and the second problem is the autopsy function in the process of investigating the crime of murder in an effort to find and achieve material truth. Unclear and incomplete regulations related to autopsy caused unclear interpretation of the regulations regarding autopsy also differences in relation to application in investigation practice. The rule of forensic autopsy will affect the function of autopsy as the main examination standard to examines cause of death to achieve the truth of victim’s death. The renewal rule of forensic will be first step to optimize the development of forensic autopsy according to field requirements and to optimize the function of autopsy, so it will have the effect of reducing doubts on the disclosure of murder cases.

Farmers’ attitude towards the policy of remediation during fallow in soil fertility declining and heavy metal polluted area of China

Numerous countries and regions face soil fertility decline and heavy metal pollution, and China implements a policy of remediation during fallow (PRF) to deal with such challenges. In this study, we examine the evolution of PRF and surveys of farmers’ attitudes in China. We present suggestions which can be used as reference for other countries and regions. The Chinese government implemented the policy of remediation during production (PRP) to control the heavy metal pollution of land in 2014. The effect was unsatisfactory due to the lack of cooperation amongst farmers. Therefore, the Chinese government implemented PRF in 2016. Our investigation of 247 farmers shows that farmers’ comprehensive assessment of PRF is positively influenced by the cognition of government implementation, the cognition of policy function and the evaluation of value perception, and the PRF still faces several problems, such as low cognitive level of policy function, incomplete regulations of supervision and poor supporting system. Hence, we suggest that government should educate and train farmers, improve the supervision and set up the supporting system of PRF.

Constitutional Reviews of Incomplete Regulations in Poland

The Polish legal order distinguishes between two types of incomplete regulations: legislative omissions and oversights. Omissions take place when a regulation (required because of the need for the application of the Constitution or for the performance of specific constitutional obligations) is missing in the system of law. Legislative oversights occur when a normative act is in force but, from the constitutional point of view, it is formulated fragmentarily. The former are not subject to Constitutional Tribunal (CT) control, whereas the latter are embraced by its competence. The existence of incomplete regulations is one of the most important yet still unresolved problems faced by the CT. Therefore, it constitutes a permanent source of discrepancies in CT judgments. The article posits that all incomplete regulations – both omissions and oversights – should be controlled by the CT. However, for the CT to do so, the Constitution should be amended, a special control procedure should be established and a new type of judgment should be introduced, which would consist of finding a statute unconstitutional without derogating it from the system of law. The expansion of the CT’s competence corresponds with the function and axiology of the operation of a contemporary constitutional court that should effectively and completely eliminate all violations of the Constitution arising from inactivity by the legislator.

Escapism FDI from developed economies: The role of regulatory context and corporate taxation

In this paper, we extend the conceptualisation of escapism Foreign Direct Investment (FDI) holding for emerging economies to developed economies that face specific institutional failures, such as weak or incomplete regulations, along with high taxation. We combine this literature with the recent development of Dunning’s eclectic paradigm, which includes institutional aspects regarding location factors. We argue that in developed economies with problematic regulations and high taxation, sound institutions and lower tax rates abroad are extremely significant for domestic firms’ internationalisation. A central result regards the moderating effect of host regulatory quality on taxation, which highlights the crucial role of institutions for firms originating in developed economies that lack sound institutions. Additionally, the results challenge the available theorising and evidence on the moderating role of institutions in the prior experience of a firm at a location. We instead provide evidence that once firms establish a subsidiary abroad, they acquire substantial knowledge about the host institutional environment, which translates into an Ot advantage, providing an additional motive for further expansion. This work uses a unique database of the total population of Greek MNEs – released for the first time – for an extended time period, 2001–2010. The results could be generalised to similar developed economies facing analogous regulatory failures and high taxation, such as the southern European Union countries, as well as even for northern European Union countries, such as Germany, according to Bundesbank’s report.

Some Notes on The Supreme Court Regulation Number 13 of 2016 Regarding the Handling Procedures for Criminal Case by Corporation

In modern law, criminal liability does not only refer to the human being, but also to a corporate. Following the universal law development, corporate criminal liability has been regulated in some Acts in Indonesia and actually there is no legitimate reason for law enforcer not to enforce it. One of the crimes that can involve a corporation is corruption, as stated in Indonesia Act Nr. 31 of 1999 Jo. Act 20 of 2001 regarding the combating of corruption. There is no corporation that be brought by Commission against Corruptions to the court until now. Although it is not entirely true, the incomplete regulations are often blamed by some people for the absence of criminal cases involving corporate taken to the court. They blamed that the corporation’s examination as the defendant of the crime in the criminal process of law is still unclear. With the spirit to complete the corporate criminal liability regulation, the Indonesia Supreme Court published its Regulation Nr. 13 of 2016. This Supreme Court Regulation is actually expected to be the guideline of handling procedure for the corporate criminal case for the law enforcer. Unfortunately, there are some notes that can reduce the quality of that regulation.

A Brief Discussion on Legal Risks of Beijing Winter Olympics

Beijing Winter Olympics organizing committee is the risk subject. Incomplete laws and regulations, contractual risks and operational risks are the sources of legal risks, and legal risk identification, legal risk assessment and legal risk response are risk prevention and control procedures of the legal risks of Beijing Winter Olympics. On a macro level, comprehensive prevention and control in protection of laws and regulations, formulation of emergency plans, personnel training and introduction of professional legal services should be taken in.

Combining membrane proteomics and computational three-way pathway analysis revealed signalling pathways preferentially regulated in human iPSCs and human ESCs

Owing to the clinical potential of human induced pluripotent stem cells (hiPSCs) in regenerative medicine, a thorough examination of the similarities and differences between hiPSCs and human embryonic stem cells (hESCs) has become indispensable. Moreover, as the important roles of membrane proteins in biological signalling, functional analyses of membrane proteome are therefore promising. In this study, a pathway analysis by the bioinformatics tool GSEA was first performed to identify significant pathways associated with the three comparative membrane proteomics experiments: hiPSCs versus precursor human foreskin fibroblasts (HFF), hESCs versus precursor HFF, and hiPSCs versus hESCs. A following three-way pathway comparison was conducted to identify the differentially regulated pathways that may contribute to the differences between hiPSCs and hESCs. Our results revealed that pathways related to oxidative phosphorylation and focal adhesion may undergo incomplete regulations during the reprogramming process. This hypothesis was supported by another public proteomics dataset to a certain degree. The identified pathways and their core enriched proteins could serve as the starting point to explore the possible ways to make hiPSCs closer to hESCs.

Umowa przelewu wierzytelności a podatek dochodowy od osób prawnych

Taxation of assignment of receivables with corporate income tax does not have the legislation applied in a uniform manner. Situation is variable due to the subject. The Act of Corporate Income Tax forms different regulations for objects whose assignment of receivables is a subject of business activity and for those whose not. This subject matter become an object of contrary judicial decision and tax interpretations due to incomplete regulations in Polish legal system.

건설공사 공기단축으로 인한 추가비용의 산정규정에 관한 연구

본 연구는 건설 공사도중 계약상대자의 책임 없는 사유로 인하여 공사기간이 단축되는 경우 발생하는 추가비용과 관련하여 계약 당사자 사이에 발생하는 분쟁을 예방하는 방안의 연구를 목적으로 하였다. 공기단축으로 인한 추가비용에 대한 클레임 사례 및 법원의 판결 사례등을 검토한 결과 추가비용 산정에 대한 규정의 미비가 대표적인 문제점으로 나타났다. 이러한 문제점에 대한 연구의 결과로 1단계에서 추가비용을 처리하는 절차를 제시하였고, 절차 중 공기단축 계획 및 승인과정을 거치도록 하여 계약 당사자 사이의 추가비용에 대한 다툼을 예방하도록 하였다. 2단계로 추가비용 산정과 관련된 현행 규정의 미비한 문제점을 해소하는 규정의 제정 및 개정 방안을 제시하였다. 본 연구에서 제시한 절차 및 규정의 제 개정 방안을 통하여 공기단축과 관련한 현행 규정이 미비한 문제점을 해소하고 분쟁을 예방하며 이로 인한 손실 등을 방지하는 등 선진화된 계약관리의 기초가 되도록 하고자 한다. The study is concerned with doing research on the plan to prevent the dispute occurring between contract parties regarding the additional cost generated when the construction period is shortened during construction work. After the review of the claim cases and the judgment cases of the court regarding the additional cost caused by the shortened construction period, the representative problem is the incomplete regulations on calculating the additional cost. In the 1st stage of the results of the research on the problem, the procedure handling the additional cost is presented, and the process of planning and approving the shortening of the construction period is gone through in the stage of the procedure to prevent the dispute on the additional cost between contract parties. In the 2nd stage, the plan on enacting and revising the regulations on removing the incomplete problems of the current regulations relating to the calculation of the additional cost. The basis for the advanced contract management is provided by resolving the incomplete problems of the current regulations relating to the shortening of the construction period with the prevention of a dispute and the resultant loss.

Present state, problems and development trends of urban underground space in China

The status, problems and trends of China’s underground space development are presented in this paper. In association with the features of use of China’s underground space, such as the large scale, rapid development, high speed subway, various forms are summarized. Five problems in the use of underground space in China are put forward, including the uncoordinated solutions, unintegrated management system, incomplete regulations, incomplete planning, and unclear policy. Four use trends of underground space are also presented, together with (1) the integrated planning, construction and management relating to the development of underground space in central business district (CBD) of Beijing, after World Expo in Shanghai and the business district in south Ningbo; (2) introducing the urban underground complex with an integrated transport hub as its center relating to the cases of Hongqiao Transport Hub and Beijing South Railway Station; (3) the development of underground subway, road and logistic system; (4) the scientific utilization of underground water storage space and aeration of “sponge city”. In this study, some institutional perspective on the use of underground space is also given.

Information and Communication Technology in Small and Medium Enterprises: Factors affecting the Adoption and use of ICT in Nigeria

The study investigates the factors affecting ICT adoption by SMEs in Nigeria. The structured questionnaire was used to collect data from seventy (70) respondents. The method of analysis is that of correlation coefficient and multiple regressions while the method of estimation is Ordinary Least Squares (OLS) with aid of STATA software. The result indicates that infrastructure is one of the most factors that inhibit ICT adoption by SMEs in Nigeria with highest mean followed by government policies, management support, level of security, maintenance cost skills and training, and investment cost respectively. It is concluded that SMEs in Nigeria have been slow in adopting ICT as they face major constraints such as poor telecommunication infrastructure, limited ICT literacy, inability to integrate ICT into business processes, high costs of ICT equipment, incomplete government regulations for e-commerce, legal and regulatory issues, weak ICT strategies, lack of research and development, excessive reliance on foreign technology and weaknesses in ICT implementation. The study recommends that management should plays an important role in guiding and completing projects relating to ICT adoption, by providing resources for the purchase of the infrastructures required for the new ICT.

Kegiatan Yayasan Setelah Berlakunya Undang-Undang Nomor 16 Tahun 2001 tentang Yayasan di Daerah Istimewa Yogyakarta

This research is meant to examine the foundations activities, especially the ones concerning with the implementation of the adjustment of the foundation’s statutes and their constraints as well as their entries which are in accordance with the aims and purposes of the foundations as written in the statutes. The answers of the problems were taken from the library and field research. The library research was done by perusing primary, secondary, and tertiary law materials with documents as their instruments. The field research was conducted by distributing questionnaire to the staff of the foundations and interviewing Notaries as the resource persons. After the research was done and conclusion was taken, it was founded that; the adjustment of the statutes of foundations has only been implemented by 27% of the respondents. The constraints of the adjustments of statutes of the foundations include the internal constraints, covering: the poor understanding upon the statutes, financial matters, the reluctance of the committee to the adjustments they should make, and the external constraints, which include the incomplete regulations, and the poor support from the involved parties. The foundations which establish Universities and Hospitals, or which hold Art Performing do not comply with Article 3 about foundation; whereas Foundations which run enterprises as indicated by Chapter 3 jo. Chapter 8 of the statutes of the foundations does not exceed 33.33 %.

Study on barriers of policy and regulation of traditional Chinese medicine accessing international markets and its countermeasures

We analyzed and sorted the policies and regulations of traditional medical management in international markets which also affecting traditional Chinese medicine and summaried current situation of barriers of policy and regulation of Ttraditional Chinese medicine.After thoroughly analyzing the reasons of barriers of policy and regulation of traditional Chinese medicine,we found that the reasons lied in culture difference between China and western countries,quality of traditional Chinese medicine,low level of R&D and manufacturing,incomplete domestic laws and regulations of traditional Chinese medicine,lack of anti-technical barriers to trade service system.In the end of this paper,we came up with some countermeasures of barriers of policy and regulation when traditional Chinese medicine accessing international markets. Key words: Traditional Chinese medicine; International markets; Barriers of policy and regulation; Strategies

Une logique modale pour raisonner sur la cohérence et la complétude de réglementations

In this paper, we deal with regulations that may exist in multiagent systems in order to regulate agent behaviour. More precisely, we discuss two properties of regulations, consistency and completeness. After defining what consistency and completeness mean, we propose a way to consistently complete incomplete regulations. This contribution considers that regulations are expressed in a first order deontic logic.