Law Amendment Research Articles

ANALISIS YURIDIS PELAKSANAAN KOMPENSASI TERHADAP KORBAN TERORISME DITINJAU DALAM PERSPEKTIF KEADILAN DISTRIBUTIF

Bom Bali I is one of the terrorist incidents that occurred in Indonesia. Government Regulation in Lieu of Law (Perppu) Number 1 of 2002 and Perppu Number 2 of 2002, which relate to the enactment of Perppu Number 1 of 2002, were subsequently issued as a result of the terrorist incident known as the Bali Bombing. The Minister in Charge of Political, Legal, and Security Matters asked the House of Representatives to amend Government Regulation in Lieu of Law (Perppu) Number 1 of 2002 into Law Number 15 of 2003, but terrorist attacks persisted until President Joko Widodo changed it into Law Number 5 of 2018 concerning the Amendment of the Previous Law. Terrorism causes significant losses, so the government is responsible for protecting victims and fulfilling their rights among which is by offering compensation. Chapter VI of Law Number 5 of 2018 on Law Number 15 of 2003 Amendments regulates the protection of terrorism victims, including information on the payment of compensation of damages to terrorist victims, ranging from economic losses, disabilities, to death. This research uses the Normative Juridical method by analyzing laws, legal documents, and other materials related to the implementation of compensation. Regulations governing the rights of victims have begun to take into consideration the protection of terrorist victims' rights. The government established the National Counter-Terrorism Agency and the Witness and Victim Protection Agency to protect and defend the rights of terrorist victims as intermediaries. The amount of terrorist compensation is also decided by the extent of the victim's loss; in this instance victims' rights terrorism crimes are fulfilled through the interdependence of justice, legal protection, and legal certainty.

Formation of Indonesian Laws Post-2022 Amendment to Law No. 12 of 2011

This study aims to analyze the evolution of legal politics in Indonesia’s legislative framework following the amendment of Law No. 12/2011 through the enactment of Law No. 13/2022. This amendment introduced the omnibus method as an innovative approach to drafting regulations. Employing a qualitative methodology rooted in doctrinal legal research and normative analysis, the study examines legal texts, judicial decisions, and other legislative materials. The methodology emphasizes the analysis of legal principles and norms to ensure alignment with constitutional directives and international legal standards. The findings indicate that the implementation of the omnibus method enhances efficiency in the legislative process by consolidating overlapping regulations into a cohesive legal framework. This approach facilitates efforts to address regulatory overload and promotes greater legal certainty. Nevertheless, the study identifies challenges such as resistance within the legislative process and the necessity for continuous oversight to maximize the benefits of this approach. In conclusion, the enactment of Law No. 13/2022 represents a pivotal advancement toward a more responsive and efficient legislative framework in Indonesia. This research provides a valuable contribution to understanding the political dynamics of legal reform and the broader implications of adopting the omnibus method in the national legislative system.

Reimagining the Legislative Framework: A Historical Analysis of Decolonization and Public Voice in India’s Law-Making

This scholarly inquiry delves into the historical trajectory of the legislative process in India, delving into its historical antecedents, the enduring influence of colonial governance, and the subsequent developments in the post-independence era. Employing a nuanced approach that integrates historical analysis and legislative case studies, the study illuminates the persistent impact of colonial rule on India’s legal framework, characterized by laws that primarily served the interests of the imperial administration rather than addressing indigenous societal needs. Through a focused examination of the Sonthal Parganas Act of 1855, this research underscores the enduring reverberations of colonial legacies within contemporary legislation and the ongoing endeavors to rectify historical injustices. Furthermore, the study scrutinizes legislative activities spanning from 2010 to 2020, offering a comprehensive portrayal of the dynamic nature of law-making in response to evolving societal challenges and aspirations. By discerning the intricate interplay between historical legacies, socio-political dynamics, and democratic participation, this investigation provides valuable insights into the formulation, amendment, and repeal of laws to address contemporary issues while upholding democratic principles in India. Ultimately, this scholarly exploration contributes to a nuanced understanding of the complexities inherent in India’s legislative landscape and underscores the persistent pursuit of equitable and just governance through legislative reforms.

Explaining civilian control of militarisation in Indonesia: The case of military law amendment

This study explores the civilian control of militarisation practice in Indonesia, which refers to the discursive politics involving citizenry in the legitimisation mechanism of the use of military force for defence and non-defence objectives. To explore the empirical manifestation of the concept, the study applies the discourse network analysis method, which combines qualitative content analysis and social network analysis to investigate the public debates over the military law amendment. Accordingly, the study collected a dataset of 227 statements from 55 actors in 118 news articles on the military law amendment from May to July 2023. The analysis reveals that, first, the discourse was dominated by actors from non-governmental organisations, think tanks, and academia. Second, the discourse was driven by several main concerns, such as the return of military dual-function doctrine, the current state of military personnel occupying civilian posts, and the urgency of public participation in the deliberation process of the amendment. This article argues that the configuration of the dominant actors and the prominent issues reflect the prevalence of inward-looking defence policy orientation issue in Indonesia.

China’s regulations on the attribution of AI-generated content: an exploration based on the open-ended approach

Abstract This article examines the issue of copyright ownership for AI-generated content under China’s current copyright law, with a particular focus on the open-ended classification system introduced by the 2020 Copyright Law amendment and its practical implications. This amendment marks a shift in Chinese copyright law from a closed-list approach to an open-ended approach, thereby extending copyright protection to non-traditional works, such as AI-generated content. Despite including catch-all provisions and refining the criteria for work classification, ambiguities persist regarding the requirements for originality and the categorical hierarchy, continuing to fuel debates on the copyrightability of AI-generated content. This article analyses representative copyright dispute cases involving AI-generated content to illustrate the adjudicative stance of Chinese courts. Significant differences exist among courts regarding standards for originality and intellectual achievement, with rulings often heavily reliant on individual judges’ interpretations of technology and the creative process, which results in considerable discretion. Additionally, the ambiguous relationship between traditional work categories and catch-all provisions facilitates the classification of AI-generated content as a new type of work, potentially leading to an undue expansion of copyright protection. This article offers recommendations from both legislative and judicial perspectives, proposing the establishment of a ‘priority application for traditional work categories’ principle in legislation, issuing judicial interpretations to clarify AI’s instrumental role in creation and advocating for a cautious and substantive assessment in court to determine whether AI-generated content meets the characteristics of a protected work.

The New Asylum Pact: Brave New World or Dystopian Hellscape?

Abstract The EU has recently agreed on the asylum pact, a comprehensive amendment of EU asylum law. This paper offers an overview and critique of the new legislation in its broader context. asylum – common European asylum system

Dual Marginalisation and the Demand for Dual Citizenship: Negotiating “At Homeness” Among Diaspora Liberians

In Liberia, identity and citizenship have long been contentious, with dual citizenship emerging as a focal point in recent decades. On 22 July 2022, former President George Weah signed an Amendment Law allowing Liberians naturalized abroad to retain citizenship and granting Liberian women the right to confer citizenship to their children, addressing a key demand from diaspora Liberians. This article, based on my doctoral thesis (Vaughan, 2022), examines diaspora Liberians’ advocacy for dual citizenship within contemporary debates on citizenship as a strategic institution. Drawing on the “post‐exclusive turn” in citizenship (Harpaz & Mateos, 2019), which suggests that individuals often prioritize a premium passport over strong ties to a homeland, the article explores how diaspora Liberians pursue dual citizenship to secure a “true home” in Liberia. This advocacy is fueled by their marginalization both in Liberia, where they face scrutiny over their Liberianness, and in their host countries, where they experience otherness as ethnic minorities. Dual citizenship, for these Liberians, is a strategic path back to belonging in Liberia. This article highlights the intricate interplay between identity and citizenship in Liberia, complicating the strategic citizenship framework by shedding light on the nuanced experiences of diaspora Liberians as they navigate dual marginalization and negotiate belonging. By focusing on these dynamics, the article contributes to the broader debate on citizenship in Africa, an area that remains understudied. Moreover, it reframes discussions on strategic citizenship, particularly in the context of growing inequalities and rising anti‐immigrant sentiments.

Bentham’s law reform association and the continuity of enlightenment in the nineteenth century

ABSTRACT The Law Reform Association came in the wake of the Catholic Relief Act of April 1829, a period of mounting opinions for further constitutional change. Through the Law Reform Association, Bentham wanted to mobilise people to support the application of his philosophy in Britain and beyond. He argued that the English legal profession had a sinister interest in manipulating other members of society, and that only codification based on utilitarianism would rectify the defects of the common law. By August 1830, 41 people had been contacted, and their attitude towards the prospect of Bentham’s Law Reform Association and his philosophy reflects the extent to which Bentham kept the hopes of the Enlightenment – for a rational basis for social organisation – alive. Although most law reformers maintained certain reservations towards Bentham’s criticism of the common law, many accepted his analytical empiricism and viewed him as an important cultural icon of the Enlightenment. They also used him to support their own versions of law reform schemes, especially in the case of Henry Brougham’s Law Amendment Society from 1844.

Effect of Qatar-based law amendment on pedestrians’ behavioral intentions: A PLS-SEM based analysis

Pedestrian violations are among the biggest concerns for administration as they contribute to increased frequency and severity of pedestrian-related crashes. Typically for ensuring pedestrian safety, law enforcement measures such as pedestrian penalties are used. To assess the efficacy of such enforcements, pedestrian sentiments towards these law enforcements need to be determined. There is a general lack of studies assessing the effect of pedestrian law enforcement on pedestrians’ behavior. Using Qatar based data, this study assessed the effectiveness of a recent law amendment in State of Qatar to improve pedestrians’ behavioral intentions. Based on 645 survey responses, a Partial Least Squares Structural Equation Modelling (PLS-SEM) approach was used to verify quantitative relationships among law amendment, risk perception, safety effectiveness perception, and pedestrians’ behavioral intentions. The results indicate that the pedestrians’ behavioral intentions are strongly influenced by law emphasis, risk perception, and safety effectiveness perception. Moderating role of respondent attributes such as their demographics, personal experiences of respondents with traffic issues, and experience regarding law enforcement are also determined. The structural path between risk perception and behavioral intentions was significantly moderated by gender and jaywalk frequency. Further, nationality and education showed moderating effects on structural path between behavioral intentions and law effectiveness and safety effectiveness perception. Findings from this study contribute to the theoretical understanding of pedestrians’ behavior and can be used for planning and implementation of targeted law enforcement to improve pedestrian safety.

Police talk in the jury room: the production of race-conscious reasonable doubt among racially diverse jury groups

Abstract A central goal of Critical Race Theory (CRT) is to deconstruct the “jurisprudence of color-blindness” that is infused with the language of equality while operating to maintain racial hierarchies. Color-blind ideology extends to the procedures governing criminal juries, ensuring they are disproportionately white while constraining diversity of perspectives, especially regarding policing issues. In this paper, we merge CRT insights about color-blindness and race-consciousness in the criminal jury context and in the Fourth Amendment law governing policing, to advance empirical socio-legal scholarship on race and jury decision-making. We analyze deliberations data from mock jury groups that decided on verdict in a federal drug conspiracy trial, focusing on how groups talked about law enforcement testimony. We find that negative discussions of the law enforcement testimony is associated with shifts toward acquittal, there are more skeptical discussions about this testimony when the defendant is Black, and that the presence of at least one Black juror in any given group is associated with more skeptical discussions of law enforcement testimony. Our qualitative analysis illustrates how Black jurors, in particular, raised concerns about policing, including unjust treatment of Black citizens, then successfully tied those concerns to the specific legal considerations at issue in the case.

To trust or not to trust? How Hong Kong protesters build and maintain trust in a leaderless movement

Protesters in leaderless movements face serious challenges when searching for reliable and trustworthy information in risky environments. Without formal structures to validate information, protestors are left to their own to evaluate the trustworthiness of information in a context where fake social media accounts and deception is possible. We interview protesters from the Hong Kong Anti-Extradition Law Amendment Bill movement to uncover how they develop trust in fellow protesters and information channels. We find that trust in collective political actions goes beyond the idea of social trust and include the concept of informational trust. Social and informational trust are intertwined with social media as well as with actual practices online and offline. In addition, the so-called ‘sentinel’ structure emerged organically. Information appears to be verified by multiple anonymous and independent sentinels for protestors to believe it. This is a sophisticated attendance to structural information source dependencies. Protestors use a mixture of social, communicative, and dependency cues to decide who and what to trust. They also use social media that has a dual role – simultaneously a community-building information space and a space for misinformation. The paper provides qualitative insight into how protesters deal with social and informational trust in leaderless movements.

Occupational Medicine Expert Witness Cooperating with Lawyers in Launch of a Proposal of Law Amendment on Compulsory Health Insurance Based on the Hairdresser Allergic Dermatitis – Case Report

Occupational Medicine Expert Witness Cooperating with Lawyers in Launch of a Proposal of Law Amendment on Compulsory Health Insurance Based on the Hairdresser Allergic Dermatitis – Case Report

Intellectual property law reform: Comparative insights and valuable lessons from the experiences of Vietnam, Malaysia, and Mexico within the CPTPP framework

The Intellectual Property (IP) chapter of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) is recognized for its extensive coverage, encompassing a broad range of innovation areas such as patents, trademarks, geographical indications, and copyright. This chapter sets a new global benchmark for IP protection, posing significant challenges to the existing legal frameworks of member countries and necessitating rapid adaptation, particularly for developing members like Vietnam, Malaysia, and Mexico. These nations have undertaken comprehensive revisions to their IP laws to align with the international standards established by the CPTPP. Despite their unique national contexts, the legal amendments reflect distinct strategies and methodologies in meeting international standards. This paper conducts a qualitative analysis of Vietnam, Malaysia, and Mexico, comparing their law amendment strategies, contents, and techniques across three dimensions. It highlights the distinctive characteristics and impacts of their legal revisions, offering valuable insights for other prospective developing members within the CPTPP framework on the practice of IP law reform.

Legal Implications of the Cancellation of Document Copies by Court Ruling on Notarial Minutes

Notaries, as public officials regulated by the Notary Law (UUJN) and the Amendment of Notary Law (UUJN-P), play a crucial role in the creation of authentic documents and have the authority to guarantee the legality of legal acts. However, the cancellation of document copies by the court raises significant legal implications for the status of notarial minutes, which need to be further analyzed to establish legal certainty in notarial practices in Indonesia. This research aims to provide a deeper understanding of the legal status of notarial minutes after their copies are canceled, as well as to offer recommendations regarding necessary regulations to create legal certainty in notarial practices in Indonesia. This study employs a normative or doctrinal research methodology with a normative legal approach to examine the relevant legal principles and written regulations concerning the legal implications of the cancellation of document copies on notarial minutes. It utilizes primary, secondary, and tertiary legal materials as sources, along with data collection techniques through literature studies and document analysis. The findings of this research indicate that the cancellation of document copies by the court renders the notarial minutes as informal documents or null and void due to the failure to meet legal requirements. Parties who disagree can file a lawsuit in court; notaries who do not withdraw the minutes risk becoming involved in legal issues and may be held civilly liable if found to have acted unlawfully, while criminal penalties may apply if false information is present in the documents.

Combating tax crimes in Indonesia: tackling the issue head-on

Taxes are undeniably the lifeblood of a country’s financing. However, tax evasion is becoming increasingly rampant in Indonesia, resulting in substantial state losses. Enhanced tax enforcement policies are necessary to combat this crime. The Organization for Economic Cooperation and Development (OECD) has established principles for fighting tax crimes; however, the Indonesian government has been unable to integrate these principles into its tax enforcement policies, leading to gaps related to strategy, investigative powers, organizational structure, resources, and cooperation, which prevent the current measures from being fully effective. This article conducts a descriptive, evaluative, and comparative study of the Directorate General of Taxes’ (DGT) current tax enforcement policy and proposed practices based on the OECD’s principles to identify and elaborate on these gaps and analyse internal and external obstacles hindering effective implementation. This study’s findings reveal a fundamental difference between tax and legal interests that must be appropriately managed within their boundaries; therefore, the key to improving tax enforcement policy in Indonesia lies in combining Primum Remedium (criminal sanctions as the initial response) and Ultimum Remedium (criminal sanctions as the last resort) strategies. Additionally, the provision of adequate investigative powers, sufficient resources, gradual policy implementation, and necessary law amendments are also crucial factors. This study aims to provide the Indonesian government with insights and recommendations to enhance the tax enforcement policy, to combat tax crimes more comprehensively.

Adaptation and Resilience: How Pro-democracy Protesters Respond to Autocratisation in Hong Kong

Since the end of the Anti-Extradition Law Amendment Bill (Anti-ELAB) protests, Hong Kong has experienced rapid autocratisation. While many pro-democracy citizens had opted for exit and emigrated, even more had stayed. How do pro-democracy citizens in Hong Kong respond to the political changes? In what ways do they adapt to the new political environment? And to what extent are they holding onto their values and beliefs? To answer such questions, this article develops the concept of adaptive resilience, compares it with other possible responses to autocratisation, and specifies an approach to empirically differentiate among the various responses. It then utilises a survey of the Anti-ELAB protesters conducted in February 2023 to demonstrate the presence of adaptive resilience among this group of pro-democracy citizens. Specifically, former protesters exhibited a significant degree of adaptation to the changing political reality. Yet, adaptation is associated with critical judgments, pro-democracy values, value-expressive behaviours, the Hongkonger identity, and intention to remember the Anti-ELAB protests. The analysis also illustrates the role of social support – represented by social trust, network homogeneity, and frequency of social gatherings – in building adaptive resilience. Implications of the findings on democratic resilience in Hong Kong are discussed.

INCLUSION OF PERSONAL DATA PROTECTION IN THE BRAZILIAN CONSTITUTION: REFLECTIONS ON FUNDAMENTAL RIGHTS AND GUARANTEES

The Constitution of the Federative Republic of Brazil of 1988, known as the Constitution of the Federative Republic of Brazil, represents a milestone in Brazilian legal and political history, establishing a wide range of fundamental rights and guarantees. This article aims, first, to analyze such rights and guarantees, discussing their importance and implications for the protection of human dignity and the consolidation of Brazilian democracy. Then, the intersection between fundamental rights and guarantees and the protection of personal data, the General Data Protection Law and Constitutional Amendment No. 115 was made. The methodological approach used was based on a review of the legal literature and constitutional provisions. Finally, it is concluded that Constitutional Amendment No. 115/2022 is a crucial step in strengthening the right to the protection of personal data in Brazil, aligning itself with international trends and reaffirming the country's commitment to defending the privacy and dignity of its citizens. With this change, the Federal Constitution begins to reflect more clearly and directly the importance of protecting personal data, establishing a solid constitutional basis for the development and application of public policies and regulations related to the topic.

Unpacking the association between social media use and support for unlawful behaviors in protests: a study in Hong Kong

PurposeExisting research has shown the role of social media in facilitating general protest participation. However, there is a noticeable gap in understanding the dynamics related to explicitly unlawful behaviors during protests, which have become increasingly prominent in recent times. Drawing upon the communication mediation model (O-S-O-R model), this study proposes a moderated mediation model to delineate specific mechanisms under which social media use influences individuals' support for unlawful behaviors in protests.Design/methodology/approachA survey of 1,121 Hong Kong residents was conducted in the context of the 2019 Hong Kong Anti-Extradition Law Amendment Bill Movement to test the theoretical model.FindingsObtaining political information on social media has a dual effect on support for unlawful behaviors in protests. On one hand, social media use increases individuals' political knowledge, which is reinforced by frequent political discussions on social media. This enhanced political knowledge tends to reduce the likelihood of supporting unlawful behaviors in protests. On the other hand, acquiring political information on social media can also generate increased anger toward politics, potentially leading to a more supportive attitude toward unlawful behaviors in protests.Originality/valueThis study contributes to the expanding field of research on digital activism by revealing the intricate mechanisms by which social media usage shapes support for unlawful behaviors in protests. It also expands our understanding of explicit unlawful behaviors within protests as a distinct form of political behavior.

THE LEGAL MECHANISMS FOR ENCOURAGING INVESTMENT IN ALGERIA UNDER LAW NO. 22-18

Objectives: The primary objective of the Algerian legislator is to create a structured and regulated environment for investments that fosters a positive climate. The focus is on establishing legal frameworks that enhance transparency and ensure equal treatment for both local and foreign investors. This approach is intended to drive growth in the investment sector and to provide a sense of security and stability for investors. Methods: To achieve these goals, the legislator has emphasized the importance of legal and judicial safeguards, grounded in clear and objective principles. These principles are intended to secure the rights of investors while encouraging a fair and consistent regulatory environment. In addition to general legal protections, the framework includes specific fiscal incentives designed to attract investors. Results: One of the significant developments in this area is the amendment of the Investment Promotion Law No. 22-18, which introduced various legislative measures to support investment. These changes encompass a range of guarantees for investors, alongside tax breaks and financial incentives, which collectively create a more appealing investment landscape. Conclusion: The revised legal framework represents a proactive step by the Algerian government to enhance the investment sector. By ensuring legal protections, promoting fiscal benefits, and fostering an equitable environment for all investors, the new law aims to strengthen Algeria’s position as an attractive destination for investment, thereby contributing to economic growth and development.

Revised Gaming Legislation and Its Implications for Economic Diversification in Macao—An Early Assessment

Abstract: This article examines the impact of Macao’s revised gaming law (Amendment to Law No. 16/2001—Legal Framework for the Operations of Casino Games of Fortune, approved in June 2022) on the gambling industry, focusing on its implications for sustainable growth and economic diversification. The approved legislation introduces innovative business practices to address the needs of the evolving industry. Through analysis of the revised law and related documents, it is evident that implementing these practices, along with industry compliance and effective government enforcement, can potentially reduce reliance on a single market and steer casino tourism towards sustainable development, stability and resilience. In an early assessment of the diversification effects of the new regulation, the article highlights the immediate impacts on the labour market, the composition of tourist flows and the revenue mix of local gaming operators and illustrates the potentially transformative effects of the law for economic diversification in Macao.