Law Makers Research Articles

Causes and Consequences of Drug Addiction among Male Adolescents: A Case Study in Chapainawabganj

The teenage (adolescent) period of life is considered very crucial in a person’s life, as it is the time when a lot of physical as well as psychological changes occur. Drug addiction among male adolescents is one of the most concerning problems in Bangladesh. The aim of this study was to investigate the condition of drug-addicted male adolescents in Shibganj municipality, Chapinawabganj district. This research was conducted through the techniques of social surveys and used quantitative data. This study selected 50 respondents through the snowball sampling method, and the data were classified and analyzed through SPSS software. 4% of male adolescents started taking drugs at the age of 12–13, 46% of male adolescents started taking drugs at the age of 14–15, 42% started taking drugs at the age of 16–17, and the rest of the 4% started taking drugs at the age of 18–19. The male adolescents’ respondents mostly take weed, and this rate is 84%. About 30% of adolescents are involved in crime for arranging money for drugs. The most important thing was that drug addiction affected their study. 34% of male adolescents are indifferent to the study, 22% drop out, 5% study break, and 18% drop out of school because of drug addiction. Therefore, all stakeholders, including guardians, teachers, education institute authorities, law makers and law-enforcing agencies, researchers, civil society, NGO's, and the state, must come forward together to prevent drug addiction among adolescents.

VI. Zur ambivalenten Rolle des Telefons beim Waren-Terminhandel

Summary This contribution discusses the ambivalent role of the telephone in commodity futures trading. On one hand, the telephone proved to be useful in commodity futures trading since it was easier to use than the telegraph; on the other, it helped to spread prejudices about the commodity futures business. Indeed, this became a political issue in the 1890s as reforms were demanded. The large agrarians of Prussia in the East were particularly interested in these reforms. Above all, the marginal trading deriving from commodity futures was accused of being ‘unfair business’ and provoked great controversy among jurists before 1891. The prevailing view was that marginal trading ‘was the equivalent of a lottery contract’ and thus could not be litigated in court. Max Weber argued forcefully against this view in his work on stock markets, and the view was eventually rendered obsolete by a judgement from the Supreme Court of the Reich, which prompted law makers to act. Although the telephone benefited commodity trading, it also aroused perceptions of unproductive activity which were easy to associate with the view of commodity futures trading as a form of lottery. This was particularly the case because the self worth of workers rested at the end of the 19th century on ‘hard physical labour’, so that the impression of idleness was not tolerated. This is supported by Popitz’s essay “Was tun wir, wenn wir spielen” from 2000: ‘The actions of gamblers do not [leave behind] a product. [Rather], when they play, they are being creative in an unproductive way.’ As such, the telephone helped commodity futures trading to communicate quickly, but at the same time it was also a symbol of unproductive activity and thereby fed the widespread mistrust of the commodity futures business and its associated marginal trading.

European cybersecurity standardisation: a tale of two solitudes in view of Europe’s cyber resilience

Cybersecurity resilience as a concept and EU policy approach encompasses, in broad terms, the preparedness of organisations against and the ability to recover from cyber-attacks. Policy and law makers in the European Union have started endorsing strategies moving both towards reactive measures mitigating the consequences of cybersecurity incidents and proactive measures geared towards prevention. Recently, a political agreement was reached on a new horizontal Regulation addressing cyber resilience of products with digital elements. An essential aspect of the Cyber Resilience Act is technical standardisation to support its goals. How appropriate is however the European Standardisation system for such a role in EU cybersecurity law? The paper argues that for European standards to be conceptualised as a building block of cyber resilience in the European Union, their development process must be inclusive and open, and a prerequisite for that is that the ESOs jointly work towards the common goal of developing and adopting European standards in support of the EU cyber resilience policy and law. This collaborative approach is mandated both by the nature of cyber resilience and cybersecurity as regulated fields, but also the changing nature of standardisation aspiring to contribute to areas pertaining to societal interests and fundamental rights.

Emerging post-Dobbs liability concerns for providers handling embryos.

This review outlines novel, emerging legal risks for in-vitro fertilization (IVF) providers and patients. This article reviews recent antiabortion legal developments that create novel legal risks to IVF. This article examines new potential liability for the handling or managing of embryos, and threats to safe, efficient, standard-of-care practice of IVF. It reviews established US and international judicial and regulatory frameworks based on scientifically grounded recognition of IVF embryos as deserving of 'special respect', and finds this approach to be an alternative for law and policy makers. Defining life as 'beginning at fertilization' (or 'conception') or otherwise embracing 'embryonic personhood' creates emerging legal vulnerabilities and concerns for IVF patients and professionals who handle embryos and threatens standard-of-care IVF. Internationally and domestically established, scientifically grounded understandings of IVF embryos, rather than religious beliefs, should be the basis for legal frameworks that accord appropriate - but not unlimited - protections to IVF embryos. This article presents this framework as an alternative to the current path being embraced by some US policymakers and courts, as a means of protecting the rights of patients, providers and the families they create.

Implementation of Community Participation in the Process for Forming Responsive Regional Regulations in Bandung City

Community participation in the formation of local regulations is very important, because local regulations that are formed must be in accordance with the wishes and needs of the community. Implementation of community participation in the formation of local regulations will determine the quality, have an impact on the local regulations that are formed. However, community participation in the city of Bandung in the formation of local regulations is lacking. The problems raised by the author are: (1) how is the basis for the implementation of the formation of local regulations in the city of Bandung number 2 of 2013 concerning social institutions 2) how the implementation of public participation in the formation of local regulations in the city of Bandung, 3) how the process of forming a participatory and responsive local regulations in Bandung. The purpose of this study is to find out, study and analyze regarding: (1) the basis of the implementation of the formation of local regulations in Bandung City number 2 of 2013 concerning social institutions, (2) implementation of community participation in the formation of local regulations in the city of Bandung, and (3) the process the formation of participatory and responsive local regulations in the city of Bandung. This study uses a sociological juridical approach, with descriptive research specification analysis. The data used in this study are primary and secondary data, obtained through interviews and literature studies, which are then analyzed qualitatively. The results showed that: (1) community participation in the formation of local regulations can improve the quality of local regulations because the community is the object of the local regulations and the people who run the local regulations. Community participation produces input to improve the quality of decisions, and the implementation of local regulations will run more optimally; (2) The process of forming local regulations in Bandung is less participatory and not responsive, so that the resulting decisions are not yet of quality and not in accordance with the needs and expectations of the community, other than that it can not be minimized public turmoil or dissatisfaction and in the end the implementation of regional regulations is not running properly; and (3) the causes of the lack of quality community participation in the formation of local regulations in the city of Bandung are: (a) lack of understanding of the community in the process of establishing local regulations, (b) lack of decisive efforts from local governments in capturing the aspirations of the community, (c) the regulations are not made based on the interests of the community and the socialization of local regulations have not been maximized, and (d) the community is less involved. The solutions needed include: (a) a commitment from the law makers in the regions to involve the community in any discussion of the Peraturan Daerah, (b) a clear and transparent socialization and enforcement of the Peraturan Daerah is needed, (c) a more accurate study of the problems faced community, and (d) involving all elements of society. Keywords: Community Participation and Responsive Local Regulations

The Global ESG Stewardship Ecosystem

Institutional investors are increasingly pushing their investee companies to address environmental, social and governance (ESG) issues—a phenomenon commonly called ESG stewardship. Scholars have put forward various reasons for investors’ enthusiasm for ESG stewardship. They include the financial materiality of ESG issues, a desire to appeal to ESG-conscious customers, and the scope for fund operators to charge higher fees for funds that pursue ESG strategies. There is, however, another critical factor at play. ESG stewardship is also underpinned by a transnational development—what this article calls the ‘global ESG stewardship ecosystem’. This global ecosystem is comprised of various ESG-focused actors, including United Nations agencies, institutional investors, investor networks, service providers to institutional investors, and NGOs and activist organizations. These actors operate in a highly networked manner at the transnational level to develop and disseminate norms of ESG stewardship throughout global markets, and encourage and coordinate investors’ ESG stewardship activities on the ground. This article highlights the scale, complexity and influence of the global ESG stewardship ecosystem, revealing it to be a significant facilitator of institutional investors’ ESG stewardship. This insight calls into question important contemporary assumptions and theories about institutional investors, including claims that they are ‘rationally reticent’, under-invest in corporate governance activities, and are incapable of overcoming collective action challenges. The global ESG stewardship ecosystem is also a remarkable example of the transnational influences shaping contemporary corporate governance. The ecosystem underpins the development and dissemination of norms of ESG stewardship and also assists institutional investors to undertake ESG stewardship ‘on the ground’ in the various markets in which they operate. The transnational influence of the ecosystem has important implications for national law makers and regulators who are focused on ESG investing and investor participation in public company corporate governance.

PEMAKNAAN REZIM PEMILU PASCA PUTUSAN MK NOMOR 55/PUUXVII/2019

The legal basis for transferring regional head election dispute resolution is regulated in article 236C of Law no. 12 of 2008 concerning amendments to Law no. 32 of 2004 concerning Regional Government. This is based on the transfer of election status from the Regional Government regime to the Election Regime. The change in status from Pilkada to Election regime has implications for the transfer of authority in resolving disputes from the Supreme Court to the MK. As regulated in article 1 point 4 of Law no. 22 of 2007 concerning General Election Organizers which states that the Election of Regional Heads and Deputy Regional Heads is an election to elect regional heads and deputy regional heads directly in the Unitary State of the Republic of Indonesia based on Pancasila and the 1945 Constitution of the Republic of Indonesia. From this statement there is an important question regarding the alleged norm dispute between Law no. 22 of 2007 concerning Election Organizers with the 1945 Constitution, because article 22E paragraph (2) of the 1945 Constitution states that General Elections are held to elect members of the People's Representative Council, Regional Representative Council, President and Vice President, and Regional People's Representative Council. So from these two articles it can be seen that there is an indication of inconsistency in the law makers regarding election terminology as regulated in the 1945 Constitution. In the Constitutional Court decision no. 55/PUU-XVII/2019, the Constitutional Court presented a number of other examples of new simultaneous elections which include regional elections in the simultaneous flow. In the Constitutional Court decision no. 55/PUUXVII/2019 was not included in the election regime because it can be seen from the Constitutional Court Decision No. 48/PUU-XVII/2019 and Constitutional Court Decision No. 55/PUU-XVII/2019 where the Constitutional Court did not respond to the theory of regime segregation initiated by the Constitutional Court in Constitutional Court Decision No. 97/PUU-XI/2013. In Constitutional Court Decision No. 55/PUU-XVII/2019 does not want to be trapped in using the regime separation line of thinking again and instead provides a new idea, namely the simultaneity of elections, namely National Elections and Local Elections (which include Regional Elections).

The impact of law on moral and social norms: evidence from facemask fines in the UK

We measure the extent that a prevailing law can affect moral and social norms. We use variations in facemask fines in the UK during the COVID-19 pandemic as a case study, as it presents us with many features of a natural experiment. Our analysis provides two important findings. First, we find that the legal status of a behaviour, that is whether the behaviour is illegal or not, is important in influencing stated compliance and moral and social norms. In contrast we find no evidence that a variation in penalties has any effect on stated compliance or moral or social norms. We consider these results are important for law makers and society, as both moral and social norms are known to be important drivers of social change, and our results show that legality influences both—thus highlighting an endogenous relationship between the law—and moral and social norms.

‘I was going into it blind’: Nearest Relatives, legal literacy, and the Mental Health Act 1983

Eligible relatives are given rights and powers in the compulsory treatment of people with mental health problems in several international jurisdictions, including within England and Wales. However, little attention has been given to whether relatives feel legally literate or competent to fulfil such roles. This article examines this issue through focussing on the experiences of Nearest Relatives, who are given rights and powers during Mental Health Act 1983 (MHA) assessments for compulsory admission in England and Wales. Interviews with nineteen Nearest Relatives in England were conducted and were thematically analysed. Three themes were identified. First, NRs spoke about their awareness and knowledge of the role. They predominantly reported negative experiences in which they received no or little information. They also reported that professionals assumed they possessed legal knowledge, and their legal knowledge was largely self-taught. Secondly, NRs reported uncertainty about their own rights and powers, noting the role lacked status or informational or emotional support. Third, NRs highlighted areas for legal reform, stating that the NR role was important, but required specialist support systems for NRs. The findings of this study indicate greater attention needs to be given by law and policy makers to support relatives' understanding of their rights and powers under the MHA, if the NR role is to be effective in helping to safeguard patient rights under the European Convention on Human Rights. These include the right in Article 5 not to be arbitrarily deprived of one's liberty and the right to a private and family life in Article 8. Legislators also need to take account of these factors when considering proposals to reform mental health law in England and Wales.

Criminalizing Nazism and Neo-Fascism: East German Anti-Racial Discrimination Law, Socialist Legality, and Human Rights

Abstract: The East German criminalisation of fascism was about more than atonement for Nazism. While its law makers certainly focussed on outlawing Nazism after the foundation of their state in 1949, they also opened up to international law and new human rights norms in the 1960s. This was not a mere diplomatic move to garner international support for the GDR's existence as a sovereign state —especially in the Third World—but also became part of an attempt to build a new kind of international legal order grounded in socialist law. As such, East German legal reform efforts, until the 1980s, formed part of a wider socialist project of defining universalist meanings of law in the international sphere. Shorter Abstract: The East German criminalisation of fascism was about more than atonement for Nazism. While its law makers certainly focussed on outlawing Nazism after the foundation of their state in 1949, they also opened up to international law and new human rights norms in the 1960s. This was not a mere diplomatic move to garner international support for the GDR's existence as a sovereign state —especially in the Third World—but also became part of an attempt to build a new kind of international legal order grounded in socialist law.

A Painful Divorce: Law vs Digital Technologies

Abstract In this article we wish to point out – using the metaphor of a marital crisis – some of the reasons behind the growing conflict between digital technologies and the law. We identify various causes: a)Over the last years there has been a radical change in roles: once one looked at the law for solutions, now they are searched in digital technologies, seen as very efficient instruments of governance. b)Legal instruments are inadequate to cope with a phenomenon in constant evolution, and whose economic and socio-political weight is immense. c)Digital actors have become the most effective law makers, with rules not only prescriptive but directly executable. Our conclusions are that: a)The digital has changed international relations. We see “digital empires” and “digital colonies”: the EU has gradually fallen in the latter category. b)The EU approach, expressed by thousands of normative provisions, is ineffective and will be counter-productive in respect of its objectives. c)It would be preferable to adopt a “general principles” model able to govern not only the present issues but also the changes expected in the next years.

Factors associated with successful In-Vitro Fertilization Treatment at Lusaka IVF and Fertility Clinic in Zambia

Background: The considerable emotional, physical and financial burden associated with infertility and its treatment in general, demands that factors strongly associated with the outcome should be identified and regulated prior to embryo transfer. This will improve the outcome of IVF and provide a patient centered approach to treatment.
 Methods: This was a cross sectional study at the Lusaka IVF and fertility clinic. The study aimed to identify factors associated with successful IVF treatment. 414 women had undergone IVF treatment and were eligible. The data was collected from patients’ files and entered in excel then exported to Stata V13.1.for analysis. The participant’s characteristics were compared using the Chi square. The success rate was calculated and associations measured using univariate and multivariate logistic regression.
 Results: The success rate of IVF treatment was 31% in the study period. Factors associated with successful IVF treatment include age, number of embryos transferred and the sperm factor. These were statistically significant. It was noted that post-menopausal women were 3 times more likely to have a successful IVF than those less than 35 years.
 Conclusion: The success rate of IVF treatment at LIVF clinic was 31%. The factors associated with successful IVF treatment were age of the woman, order of embryos transferred and use of donor sperm. There is need to engage the law makers to come up with a legal framework that will guide on the handling of gametes which will include sperm and oocyte donation and receiving, freezing, transportation and surrogacy.

Cybersecurity In The Age Of Artificial Intelligence – Who Should Be Culpable?

The age of the AI has come in hurtling and it has become difficult for law makers to keep pace. At the same time, unbridled by legislations, criminals in the cyber space are using these Artificial Intelligence tools. The instances of ChatGPT’s use in writing academic articles to morphing pictures of people, the degree of seriousness is high. Another incident was the use of morphed pictures of a celebrity couple’s child for disseminating fake news. The lines of reality and morphed is blurring to an extent that the line is very unclear and hence it is essential that proper laws are put in place to identify and assign culpability to the use of AI for criminal activities. Although the AI applications are guided by moral codes, the said moral codes would be guided by the developer’s morals and hence the question of standardized laws, ethics and morals would arise here. While the debate around AI and intellectual property rights have been on the round for some time and Courts in certain jurisdictions have already deliberated on it, the question has shifted to criminal culpability in case of hacking, creation of photos that falsify evidence, publication of pictures of individuals that have been digitally altered via AI, etc. The question that arises is who is in control of the actions of the AI, since the creator of the AI is not always the person who is involved in criminal activities that are affected through the AI. Also, would a standard code of ethics be able to govern the AI’s functioning successfully?

The Rationing of Essential Resources in Times of Crisis: Logan’s Run and the ‘Science-fictional’ Right to Life Under Article 2 of the ECHR

We argue that the right to life—for example under Article 2 of the European Convention—has become an increasingly fragile thing, prone to sharp rationing by domestic law and policy makers, almost to the extent seen in certain works of dystopian science fiction. The near-future novel ‘Logan’s Run’ (1967) depicts a brutally austere regime, that is ‘justified’ in law on the basis that finite, scarcening resources must somehow be preserved, to enable survival. Over—population means that human rights are now fictive however—there are neither family life rights nor privacy rights, and human dignity is in short supply. An all-powerful AI ‘being’ governs via algorithms to ration and curtail lifespans, so that no one is allowed to be older than 21. This rule is enforced via ‘voluntary’ submission to euthanasia, and the intervention of a murderous militia for those who do not comply. As ever, patriotic behaviour is key. Arguably, not dissimilar crisis thinking was seen during the pandemic, with various resources diverted or triaged towards the worthiest citizens—those with the best chances of survival—through the use of such things as ‘frailty algorithms.’ Recent UK case law is then analysed to gauge the extent to which dystopian reasoning might be encroaching upon the effectiveness of human rights protections, post-pandemic.

Tinjauan Perikatan Mudharabah Musytarakah dalam Asuransi Syariah

One of the sharia financial institutions that is experiencing very rapid development is sharia insurance. In sharia insurance there is a mudharabah musytarakah contract. The presence of this contract in sharia insurance in Indonesia is basically not explained in the Al-Qur'an and Sunnah. This research is a literature review, the reading sources consist of books, journals and fatwas relating to mudharabah musyarakah contracts in sharia insurance. This research uses a qualitative approach with descriptive methods. The analytical techniques are used to analyze the meaning contained in the data extracted through library sources. Based on fatwa Number 51/DSN-MUI/III/2006 concerning mudharabah musytarakah contracts on sharia insurance, there are no detailed arguments in the Al-Qur'an and Sunnah regarding halal, haram and syubhat laws regarding mudharabah musytarakah contracts on sharia insurance. However, its implementation must uphold the principles of Islamic law and fulfill the terms and conditions of engagement to avoid gharar, usury and maisir. This fatwa is a manifestation of the seriousness of law makers to develop contracts for sharia insurance institutions which aim to bring benefits.

Comparing effects and application of telemedicine for different specialties in emergency medicine using the Emergency Talk Application (U-Sim ETA Trial)

Telemedicine as a technology can support processes in the field of emergency medicine (EM) including therapies and diagnostics, but technically is often based on hardware solutions for local EM structures, especially when involving the field of pre-hospital EM. By developing an open-source, data protection compliant solution (EU GDPR and HIPAA) as well as using standardized web and open-source based technology the Emergency Talk Application (ETA) can be used as a technology that can connect emergency medical providers and include already available regional structures. By actively involving patients and connecting these with emergency or urgent care physicians ETA can be used not only as a teleconsultation system for paramedics and physicians, but in a wider network. Randomised simulation trial, comparing EM scenarios from the field of internal medicine, trauma and neurology. Participants were qualified as certified paramedics or emergency physicians (EP). Paramedics performed as ambulances crews and involved an EP if needed via ETA as Tele-Emergency Physicians (TEP). EP participated from a device of their choice, while being able to stay within their clinical workspace. From 141 scenarios 129 used ETA. Significant differences were found for the length of scenarios, duration of time the TEP was on scene, TEP arrival after scenario start, duration until TEP was called and the duration until a diagnosis was made. Also a strong positive and significant correlation between duration of the scenario and the time a TEP was bound could be described. Telemedicine is a technology that is increasingly used in the field of EM. Improving the use of telemedicine by using up-to date technology while allowing an integration of available technical and human resources is a challenge in the field of emergency medicine especially with its regional but also broad medical variety. When using one technical solution, understanding that different cases need a different medical and also telemedical approach can help in the understanding and improving therapies, diagnostics but also the involved processes and solutions. Such results are not only relevant for healthcare providers but especially by law and decision makers as to which type of solution could be introduced in each regional setting.

Child Labors in Ganjam District of Odisha: Exploring Livelihood

Child labor is a critical and sensitive issue globally. In India the percentage of labour force constitutes ‘child labor’ is very high. Serious attention is given to contentious issue of child labour by the Government, social activists and voluntary organizations. The Indian Constitution also guarantees protection of the rights of children. Regardless of several stringent dealings, in India the problem of child labor is gloomier and constantly increasing. Child labour cannot end overnight because its roots are very deep. Laws should be strictly implemented to prevent child labor. The intent of the current study was to learn the socio-economic condition of families whose children were engaged as child labors in major blocks in Ganjam district of Odisha. Poverty, parent unemployment, limited education resources, social backwardness and lure of cheap labor have been explored as driving factors for child labor creation. The study also assessed the working conditions and environment of child laborers and to determine their morbidity pattern if any. The child laborers were interviewed in their work places using a predesigned and pre-tested questionnaire. Data were collected and analyzed a total of 254 child laborers who participated in the study from selected blocks of the Ganjam district. As a consequence, the study can be a good example for law makers to devise better policies uplift the socio-economic lives of the children engaged as labors in the rural sectors nationwide.

The Present State of Artificial Intelligence in the Indian Legal System and its Monitoring

Artificial intelligence has grown to be an essential element of many companies, including the legal sector. It is critical to guarantee that AI is used safely and responsibly throughout the country, and the actions of the Indian government and business organisations are an excellent place to start. As AI becomes more integrated into the legal system and different sectors, various legislative frameworks controlling its application and use in India has been emerging. It becomes essential to understand India's legal framework for AI governance and monitoring. The study focuses on the numerous legal and regulatory frameworks in India that govern the development and application of AI. It also covers several national laws, guidelines, and regulations emphasising responsible and ethical AI implementation along with identification of countries that are encouraging regulators and law makers to implement AI Regulations.

Kebijakan Hukum Pidana Dalam Menanggulangi Tindak Pidana Pencucian Uang Melalui Gatekepeer

Criminal law policy is a science as well as an art that ultimately has the practical purpose of enabling positive legal regulations to be better formulated and to provide guidance not only to law makers and also to organizers or implementers of court decisions. Perpetrators of money laundering usually use the services of professional professionals (gatekeepers), which include the profession of Advocates, notaries, PPAT, and others. The profession is also required to take responsibility in preventing and combating money laundering. The research method used in this study is a normative juridical approach, in order to eradicate money laundering, the Government of Indonesia and the House of Representatives have established a number of legal products, one of which is Law No. 15 of 2002 which has been amended by Law No. 25 of 2003 on money laundering and last amended by Law No. 8 of 2010 on the Prevention and Eradication of money laundering.
 Keywords: policy, anti Money Laundering, Gatekeeper
 
 [1] Korespondensi : cindyamelia9863@gmail.com
 [2] Dosen Universitas Islam Negeri Sumatera Utara

Sustainability takes centre stage in public procurement

This article delineates how a shift in the priorities of EU laws can change public procurement’s current centre of gravity from its fixation on the lowest price to that of a more balanced consideration of different societal goals. There is an acknowledgement that public money can meaningfully contribute to support for social justice and the fight against climate change and environmental degradation. To this end, the present EU legal framework, together with more advanced experiences in Italy and in a few other EU Member States, are illustrated before an analysis of the many initiatives currently under consideration by the EU law makers as per the European Green Deal and the Sustainable Products Initiative. The article then highlights the need to reconsider the theory of public procurement law and practice as well as the current EU legislative framework for public procurement (and concessions).