Institutional Reforms Research Articles

Urgency of Implementing Article 1365 of the Civil Code in Addressing Tortious Conduct in Electronic Transactions in Indonesia

The rapid growth of electronic transactions has introduced new challenges, particularly concerning tortious conduct and the legal framework governing these interactions. In an increasingly digital era, electronic transactions have become a primary medium for commerce and business interactions, yet issues such as fraud and personal data violations have become more prevalent. Article 1365 provides a legal basis for individuals or entities suffering damages to file claims for compensation. This study examines the urgency of implementing Article 1365 of the Civil Code in addressing tortious conduct within electronic transactions in Indonesia. The objective is to analyze the applicability, limitations, and potential reforms needed to adapt Article 1365 to the digital context. A normative legal research method was employed, utilizing a statute and conceptual approach. Data were collected by analyzing legislative texts, legal literature, and case law. Data analysis involved qualitative content analysis to identify gaps and propose solutions. The findings reveal that Article 1365 provides a strong foundation for addressing tortious conduct, but its application in electronic transactions remains ambiguous, particularly regarding evidence collection and the definition of harm. This research introduces a novel perspective by emphasizing the necessity for specific regulations and institutional reforms to enhance legal certainty and address the unique challenges posed by electronic transactions. These recommendations aim to protect consumer rights, ensure fair business practices, and foster trust in Indonesia’s digital economy.

Juridical Analysis Of The Use Of Dna Forensic Evidence In The Indonesian Criminal Justice System

The use of forensic DNA evidence in the criminal justice system in Indonesia faces various challenges, especially related to regulations that are not fully aligned with international standards. Law No. 8 of 1981 concerning the Criminal Procedure Code (KUHAP), especially Articles 184 and 186, does not provide specific guidelines regarding the procedures for collecting, testing, and using forensic DNA evidence in the criminal evidence process. This study aims to analyze the regulations and procedures governing forensic DNA evidence in Indonesia and propose legal solutions to strengthen the regulations to comply with international standards. This study uses a normative legal research method, focusing on the analysis of relevant laws, legal doctrines, and court decisions. Discussions center on the harmonization of national regulations with international standards, strengthening the capacity of forensic institutions, and reforming legal procedures related to DNA evidence. The research findings indicate that Indonesia needs more comprehensive regulatory reforms related to the use of forensic DNA evidence, especially regarding the accreditation of forensic laboratories according to international standards such as ISO 17025 and the development of transparent and legally accountable evidence collection procedures. In conclusion, although DNA evidence has great potential to strengthen convictions in the criminal justice system, regulatory reform and strengthening of forensic institutions are needed for the Indonesian justice system to adopt higher international standards. Thus, the use of forensic DNA evidence can contribute significantly to justice in criminal law enforcement in Indonesia.

The impacts of Timor-Leste’s membership in the WTO:

The paper presents information about the significant impacts of Timor-Leste's membership in the World Trade Organization (WTO) on institutional reforms, trade policy challenges, and the prospects for ASEAN membership. The paper explores the comprehensive institutional reforms required by WTO membership, emphasizing the harmonization of over 300 economic legislations with WTO standards. The paper also acknowledges that Timor-Leste encounters challenges, including opportunities for strengthening the capacity of human resource and further development of a comprehensive trade policy framework. Additionally, trade negotiations with ten WTO member states on market access for goods and services, including the Information Technology Agreement (ITA), were carefully considered as part of Timor-Leste's WTO commitments, with the expectation of smooth implementation upon the country's membership of the WTO. The study also discusses the use of tariff protectionism as a strategy to safeguard sensitive domestic industries in Timor-Leste, while remaining in compliance with WTO rules in the future.

Mechanism of Population Outflow and Ecological Pressure Reflux in China’s Pastoral Area: S-C Gacha’s Case

In China’s rural areas, as populations flow into cities, dependence on land has significantly decreased, leading to widespread land abandonment; however, the relationship between population and land in pastoral areas differs. This study conducted a five-year tracking survey on Sunite Right Banner in Xilingol League (Inner Mongolia), where macro data and in-depth home interviews were used for the mechanisms’ analysis. The findings demonstrate that the pastoral regions’ ecological pressure has increased with population immigration. There are several factors influencing such interaction between people and rangeland: First is the cost mechanism. The increasing cost of livestock production leads herders to increase their reliance on grazing rental systems to increase the number of livestock. The grazing rental system generates income for those migrating to adjacent urban regions. Second is the institutional mechanism. The “three-separating property right systems”, a recent rural land institutional reform policy, has marketized rural individualized rangelands, leading herders to focus more on the exchange value of rangelands rather than the use value, including ecological functions. Consequently, both lessors and lessees engage in high-intensity utilization of their individualized grazing lands. Third is the natural mechanism. Climate fluctuations influence herders’ migration patterns, prompting them to leave and return to grazing lands. These ecological dynamics force herders to oscillate between survival and development, intensifying pressure on the grasslands during favorable years and preventing them from recovering while increasing the occurrence of poor years, such as droughts. Fourth is the consumption mechanism. Herders who have migrated to urban regions must continue relying on rangeland resources to sustain their livelihoods. However, lower economic outputs of livestock production hardly catch up with the higher consumption levels in urban regions, which leads migrated herders to increase their pressure on rural rangelands. The final factor is a combination of the previous four mechanisms. The interplay between these previously mentioned four mechanisms encouraged higher herder population outflow, though their reliance on rangeland resources has continued. Based on the results, we argue that these dynamic relations between rural population change and land use patterns are becoming common issues across pastoral regions in Inner Mongolia, demanding innovative solutions.

Post-War Reconciliation Process in Sri Lanka: A Unique Path to Peace Building

This study examines the unique aspects of Sri Lanka’s peacebuilding and ethnic reconciliation process following the end of its civil war in 2009. Unlike many post-conflict societies that rely on formal peace agreements, Sri Lanka's reconciliation efforts were driven by a military victory without a negotiated settlement between conflicting parties. This study discusses key milestones in Sri Lanka’s reconciliation journey, including institutional reforms such as the Lessons Learned and Reconciliation Commission (LLRC) and the Office of Missing Persons (OMP). It examines the unique challenges, including political dominance in the process, limited engagement of minority communities, and inconsistencies in policy frameworks. The study provides a comprehensive understanding of the factors that have shaped Sri Lanka's reconciliation approach by drawing on qualitative data from key informant interviews (KII) and through a comparative analysis with global post-conflict practices. Ultimately, this study offers valuable insights for policymakers and scholars on the complexities of peacebuilding in unique post-conflict settings, highlighting the need for more inclusive and sustainable efforts to achieve lasting peace.

Investment Potential in Latin America under the Belt and Road Initiative

This study analyzes the current state, influencing factors, and potential of China's investments in Latin America under the Belt and Road Initiative (BRI). Through a systematic review of China's investments in sectors such as mining, energy, agriculture, infrastructure, and manufacturing in Latin America, the research explores the impact of geographical distance, institutional quality, infrastructure level, and cultural differences on Chinese enterprises' investments. The findings suggest that despite the vast geographical distance between China and Latin America, economic ties are strengthening through overseas infrastructure investments and financial cooperation. The study proposes policy recommendations to further promote bilateral investments through institutional reforms and localized strategies. The research provides theoretical support for Chinese enterprises' investment decisions in Latin America and serves as a valuable reference for policymakers.

The impact of pension reform on employment, retirement, and disability insurance claims

We evaluate the 2011 comprehensive reform of Norwegian early retirement institutions using a parsimonious random utility choice model. Conditional on employment at age 60, we estimate a three-state conditional logit model to explain the realized labor market state at age 63 among the alternatives of employment, retirement, and disability program participation. The reform radically changed work incentives and/or pension access age for some (but not all) workers, such that the influence of economic incentives can be identified based on reform-generated variation only. We find that improved work incentives caused employment rates to rise considerably at the expense of early retirement and exit through disability insurance. Improved liquidity through a lower age to access own pension funds on actuarially neutral terms caused a small increase in employment and a large drop in disability program participation. Properly designed pension reforms thus need to take the interplay between old-age pension and disability insurance programs into account.

THE DEMOCRATIC DEVELOPMENT 0F NEW UZBEKISTAN AND TRANSFORMATIONS IN ETHNIC CONSCIOUSNESS

General Background: The article explores the political modernization of Uzbekistan during its current phase of democratic transformation. Specific Background: Under President Shavkat Mirziyoyev’s leadership, Uzbekistan has embarked on significant reforms aimed at aligning governance with democratic values and addressing ethnic consciousness. Knowledge Gap: While political modernization in post-autocratic societies is often analyzed, little focus has been given to Uzbekistan's specific context, particularly regarding its blend of Eastern evolutionary reform and Western democratic ideals. Aims: This study aims to examine Uzbekistan's approach to modernization, assessing its impact on national consciousness, ethnic identity, and democratic values. Results: Findings reveal that Uzbekistan’s approach to democratic transformation emphasizes gradual, socially attuned reform rather than abrupt change, fostering a sense of national identity that aligns with peace, cooperation, and open governance. Novelty: This research introduces a unique perspective on Uzbekistan’s modernization, merging Eastern gradualism with democratic principles, which reflects an evolving socio-political consciousness. Implications: The study provides valuable insights for understanding political transformation in post-autocratic societies, highlighting a model that prioritizes institutional reform, public accountability, and a deepening of democratic values integrated into daily life.

The Ethicality of Welfare Crowdfunding in the Context of the Neoliberal Welfare State: A Rawlsian Perspective

Despite crowdfunding platforms’ growing involvement in financing welfare, related ethical issues have received little scholarly attention. To address this gap, we focus on GoFundMe, the leading welfare crowdfunding platform in the US, to examine whether it facilitates the establishment of a just society that democratizes access to funding. Informed by Rawls’s ethics, we conduct a comprehensive analysis, arguing that GoFundMe’s modus operandi merits criticism. We advance three interrelated arguments for why GoFundMe is morally problematic. First, it distributes information and primary goods unfairly, perpetuating inequalities that disadvantage the most vulnerable. Second, it uses narratives that may distract public attention from systemic flaws in welfare provision, potentially reducing social pressure for institutional reform. Third, its emphasis on individual choice and responsibility may contribute to momentum for neoliberal policymaking. We show why scholars, policymakers, and platforms should engage in debate about regulating welfare crowdfunding activities to improve their ethicality.

Negotiating with your mouth full: Intergovernmental negotiations between transparency and confidentiality

AbstractTransparency lies at the heart of canonical theories of international negotiations and institutions—yet it is rarely directly measured or explained. This paper explores the potential downsides of transparency reforms in intergovernmental negotiations and institutions. We argue that as formal international meetings open up to the public, negotiators face incentives to shift deliberations to more informal and opaque venues, especially for sensitive and domestically contested issues. To test when and why this occurs, we present new data on three decades of intergovernmental negotiations in the Council of the European Union (1990–2019), and in particular the use of informal breaks where no minutes are taken. We find that recourse to such breaks—especially at lunch time—has increased substantially, and that ministers often take these opportunities to discuss controversial topics. We deploy quantitative and qualitative analyses to show that variations in informal breaks correlate both with institutional enhancements to transparency and with specific concerns over antagonistic political mobilization at home, notably in the form of Euroscepticism. These findings challenge received positive and normative theories about transparency in international institutions, and contribute to the literature on informal governance, negotiation studies, EU politics, and the transnational democratic deficit.

External Debt and Economic Growth of BRICS Nations: How can BRICS Integration help them?

This study examines the relationship between external debt and economic growth in the BRICS countries. It explores how BRICS integration can aid these economies and newly joined countries in solving the debt problem. Using the latest panel data techniques and country experiences, we employed the panel mean group method (PMG) and interrupted time series analysis (ITSA) for South Africa, who joined in 2010. Results show a negative relationship between external debt and economic growth at the group level, with mixed results for individual countries. Using individual country experiences, valid implications are drawn for debt-stressed countries like Ethiopia and oil-rich nations like Saudi Arabia. Integrating new member countries in BRICS can overhaul the existing system towards broader perspectives of reforms in global financial institutions. Integration into the BRICS association can benefit these countries through reforms in global financial institutions, fairer debt restructuring, joint investment projects, macroeconomic coordination, debt management knowledge sharing, innovative financing, and collective advocacy for debt relief to enhance stability and resilience.

POST-CONFLICT RECONSTRUCTION AND INSTITUTION BUILDING IN CAMEROON

Cameroon has been embroiled in prolonged conflicts, including the Anglophone Crisis and the Boko Haram insurgency, both of which have deeply impacted the nation's socio-political fabric. The central problem is the breakdown of institutions, displacement of populations, and socio-economic instability, necessitating urgent post-conflict reconstruction. This study aims to explore the key challenges and barriers to reconstruction, assess the roles of national and international actors, and analyze strategies to build institutions for sustainable peace and stability. The research draws on hybrid peace and conflict transformation theories and adopts a qualitative research design, relying on secondary data sources. Through an in-depth analysis of official documents, scholarly articles, and reports from international organizations, this study provides a comparative examination of similar post-conflict settings, such as Rwanda and Sierra Leone. Data were systematically analyzed to identify key themes related to governance, security, and institutional reform. Findings reveal that political instability, lack of decentralization, and limited financial resources significantly hinder effective reconstruction efforts. Governance challenges, including corruption and centralization of power, impede institution-building, while socio- economic issues, such as ethnic and linguistic divisions, further complicate peacebuilding efforts. International actors and NGOs play a vital role but often lack coordination, limiting the effectiveness of their interventions. The study concludes that Cameroon’s post-conflict reconstruction requires comprehensive reforms. Decentralization, inclusive governance, and accountability must be prioritized. International efforts should align with local needs, emphasizing long-term development over short-term aid. Effective security sector reform, alongside strategies for institutional capacity-building, will be essential to fostering peace and preventing future conflict.

TRENDS IN DEVELOPMENT AND DIVERSIFICATION OF EXPORTS OF THE REPUBLIC OF UZBEKISTAN

The article analyzes the dynamics of Uzbekistan's exports of goods and services from 2010 to 2023. It assesses the diversification of both the commodity structure and the geographic distribution of exports using the export product concentration index and the export diversification index. Statistical analysis of trends in Uzbekistan's exports during this period highlights the urgent need to accelerate diversification in both the structure and geography of exports. It emphasizes increasing the share of finished goods with high added value in the export portfolio, as well as diversifying and expanding services exports and enhancing regional export activities. To achieve this faster export diversification, a comprehensive set of interrelated measures is required across various areas of economic policy. This includes improvements in trade, investment, and industrial policies, along with deeper institutional reforms.

Mental Health Experiences Among Undergraduate Nursing Students in a New Zealand Tertiary Institution: A Time for Change.

Nursing students in undergraduate programmes exhibit comparable, sometimes higher, levels of poor mental health and substance use compared to the general population; however, this area remains under-researched in New Zealand. The study involved 172 nursing students enrolled in the Bachelor of Nursing programme at one tertiary institution in Auckland, New Zealand. Employing a mixed-methodology approach, a 29-question survey comprising both open and closed questions was administered to explore the students' experiences with mental health and substance use, as well as their access to support services. Quantitative data were analysed using SPSS version 29 descriptive statistics, while a general inductive approach guided the qualitative analysis. A significant proportion of participants (75%) reported experiencing emotional distress during their studies, with anxiety being the most prevalent (78.5%). A smaller percentage disclosed substance use (8.1%) including excessive alcohol use, cannabis use, nicotine use, vaping cannabis and some refusal to reveal substance use. Surprisingly, less than 1% (n = 0.6) utilised institutional support services. Three qualitative themes were identified including emotional distress and associated effects, emotional and psychological impacts on nursing students' academic journey and tertiary support systems. The findings highlight the urgent need to address the mental health and addiction challenges experienced by nursing students, given their potential adverse effects on academic success and overall well-being. Urgent action is needed to integrate mental health training into the curriculum and provide faculty support. In this study, the underutilisation and inadequacy of institutional support services signal a need for institutional reforms to provide access and personalised mental health support to nursing students. Providing essential skills and support for student success contributes to the overall well-being of the nursing workforce.

Legal Liability, Institutional Environment and Audit Pricing: Insights from China’s Securities Law Revision

This study investigates the impact of China's revised Securities Law (2019) on the audit pricing strategies of A-share listed companies. Using a Difference-in-Differences (DID) approach and a sample of 26,057 firm-year observations from 2016 to 2022, we find that the new law led to a significant increase in audit fees, especially for non-state-owned enterprises and firms in regions with stronger legal institutions. We attribute these effects to the heightened legal liability and regulatory scrutiny faced by auditors under the new regime, which incentivizes them to enhance audit quality and charge higher risk premiums. Our results are robust to a series of sensitivity tests and alternative specifications. We conclude that the revised Securities Law has achieved its intended objectives of improving market transparency and investor protection but at the cost of higher compliance burdens for listed companies. Our findings have important implications for policymakers, regulators, and market participants in China and other emerging economies undergoing similar legal and institutional reforms.

Challenging the Promises of Institutional Reform to Protect Labor Rights in Bangladesh

Challenging the Promises of Institutional Reform to Protect Labor Rights in Bangladesh

The Treaty of Amsterdam – Institutional Reform and Innovation

The Treaty of Amsterdam – Institutional Reform and Innovation

10.A. Round table: Transforming public health systems at large scale: no pain, no gain

Abstract The COVID-19 pandemic, acceleration of climate change, and geopolitical turmoil have triggered discussions about how public health systems in Europe need to transform to be adequately equipped for the so-called “permacrisis”. The challenges to policy makers, health institutions and health services have become so multifaceted, that single solutions from the health sector alone no longer work. Yet, despite the complexity, countries seek to get its own house in order whilst building on inter-sectoral and European approaches in parallel. Germany, Ireland, and Ukraine have all embarked upon ambitious public health services and institutional reforms, leading to transformative change in public health systems. WHO has been accompanying these reforms. The workshop will provide a platform to draw insights and lessons on transforming public health systems from all three countries, although their population size, their socioeconomic and political situation and their public health system design is so different. As the smallest of the three countries in population, Ireland created coherence and is aligning public health actors within “Healthy Ireland” and the Sláintecaire and the Crowe Horwath public health reforms. Germany’s “Pact for the Public Health Services” has been one of the greatest public health investment programs in Europe that was initiated following lessons from the COVID-19 pandemic. And Ukraine has undertaken important legal steps to adopt a Public Health System Law, in the middle of a war of aggression on its territory. The workshop will exhibit the process of large-scale public health system transformation in each of the three countries. The purpose is to identify the enablers that make large scale system transformation possible and addressing some of the pains and gains. The workshop will have three parts. Part one consists of three presentations on large scale system reforms from each of the participating countries. Part two consists of a moderated Q&A session. Part three will focus on the synthesis of enablers for large scale public health system reforms through interaction with the workshop participants, using a digital white board. Key messages • Disruptive times can create enabling conditions for large scale public health system transformation. • Designing and implementing large scale public health system reforms is complex, requiring passion, resilience, and collaborative leadership.

Large scale public health system transformation: Ireland

Abstract Ireland has coped comparatively well with the COVID-19 pandemic when considering excess mortality. The reasons are likely complex and multifaceted, but it may be, in part, attributable to a comparatively young population and progress on indicators related to premature mortality and preventable mortality on chronic diseases and lifestyle risk factors. “Healthy Ireland” is a national framework in place since 2013 and utilizes a settings based approach to promote health and wellbeing in communities. It aims to improve collaboration between government, institutions, local communities, and individuals. Sláintecare is an all’party long-term health reform initiative developed in 2017 aimed at delivering the right care, at the right time, in the right place by the right team. In addition, in 2018 Ireland embarked on an ambitious public health reform programme with the implementation of the recommendations of the Crowe Horwath review of Public Health. While challenges exist, including access to services and waiting times, the governments has put in place initiatives to address these and is committed to, amongst other things, promo ting the continued integration of services across a variety of domains including primary to quaternary prevention. As Ireland began to emerge from the COVID-19 pandemic it established “The Public Health Reform Expert Advisory Group” to identify learnings from the public health components of the response, with a view towards strengthening public health and health protection generally and, specifically, future public health pandemic preparedness. The group, made up of national and international public health experts, submitted its final report in September 2023 which outlined a series of recommendations focused on potential improvements to public health policy, structures and governance. The WHO analysis of the Essential Public Health Functions provided complementary results. More work is now ahead to consider and implement these recommendations and foster institutional reforms including at the Health Services Executive, the Department of Health, and at the Health Protection Surveillance Centre.

Practical Reforms in the Field of Copyright Protection in the Republic Of Uzbekistan and Their Promising Results

This article examines the ongoing efforts to enhance legal literacy, awareness, and the protection of intellectual property rights in Uzbekistan, focusing on the “Strategy for the Development of Intellectual Property in the Republic of Uzbekistan for 2022-2026.” It highlights the significant legal reforms undertaken since the 2017-2021 development strategy, including the adoption of over a thousand laws aimed at fostering transparency, civil society engagement, and human rights protection. However, several challenges persist in the legal protection of intellectual property, such as inadequate public knowledge, weak integration of intellectual property in production processes, and insufficient coordination among relevant state bodies. The research explores how collective management of intellectual property rights, inspired by international models, can address these challenges. It also delves into the institutional reforms needed to ensure efficient legal protection, prevent counterfeit products, and promote the use of intellectual activity results in the economic and social sectors. The article concludes with recommendations for improving Uzbekistan’s intellectual property framework, increasing public engagement, and positioning intellectual property as a key driver of the country's socio-economic development.