Law Reform Research Articles

Social Reintegration after the Implementation of Restorative Justice in the Indonesian Criminal Code

The current criminal code has been in force in Indonesia since 1918. Indonesia formulated criminal law reform in 1963 and in 2023, a law on the national criminal code was issued. The spirit of the Indonesian criminal code is reformative, progressive, and responsive to changes to the law. One of the strengths of criminal law is regulating criminal law from the perspective and achievement of justice to repair and restore the situation after the event and judicial process known as restorative justice. The desire to strengthen restorative justice programs takes a long time and is complicated. This research aims to analyze the development of the concept of social reintegration through the application of restorative justice in the criminal justice process. This research was conducted qualitatively using secondary data and doctrinal legal study methods. The results showed that changes in criminal law arrangements caused opinion differences since restorative programs are widely used as a substitute for traditional and retributive approaches. The application of restorative justice in national criminal law must be implemented. Social reintegration in the implementation of restorative justice as regulated in the Criminal Code can be successful through commitment and collaboration between the community, government and law enforcement officials

Judges, Out-Of-Court Rewards, and In-Court Behavior: Evidence From an Italian Legal Reform

We empirically assess how out-of-court monetary rewards influence related in-court judicial behavior. In Italy, before a legal reform, Council of State judges were chosen by big law firms to serve as arbitrators in out-of-court arbitrations involving big law firm clients. Drawing on case-level data on Council decisions and using a difference-in-differences approach, we establish three central findings. First, before the legal reform, and consistent with the argument that judges strove to compensate big law firms for afforded out-of-court earning opportunities, big law firms were more likely to win Council cases when those cases were presided over by judges with prior arbitration experience. Second, as a result of a 2010 announcement of an anticorruption law reform that banned judicial participation in arbitrations, big law firms’ winning prospects in Council cases presided by judges with prior arbitration experience decreased by 33.4 percentage points. Third, following the law’s enactment, the success rate of big law firms in these cases converged to the success rate of big law firms in analogous court cases presided by judges without prior arbitration experience. Our analysis provides evidence of the importance of extrinsic motives for judicial behavior.

Slovakia's departure from strong labor protection of employees as a consequence of the pandemic and the transposition of european directives

This scientific paper delves into the notable shift in Slovak labor law, which has departed from its historically strong emphasis on safeguarding the rights of employees, traditionally seen as the weaker party in labor relations. Until recently, this emphasis served as a substantial barrier against the globalizing and standardizing influences of employers. The paper identifies two key factors driving recent legislative "reforms" in Slovakia's labor regulation. These changes are rooted in the transposition of European labor law directives while also embracing a more liberal political perspective regarding the nature of labor relations. This shift involves moving away from rigid employee protection and adopting the concept of "increased flexibility" in employee work as a remedy for addressing the post-Covid-19 economic challenges. The previous emphasis on employee or employee representative involvement in defining working conditions, wages, and important employer decisions regarding work organization has shifted. This shift allows employers to act unilaterally, contingent on fulfilling new information obligations towards employees. However, the recent labor law reforms run counter to this historical legal tradition. Taking into account the wage levels in the Slovak Republic compared to the majority of other European Union member states, these reforms establish an unsettling level of labor law protection pro futuro of Slovak employees.

The Proprietary Consequences of Customary Marriages: Challenges in the New Regime(s)?

The law governing marriage in South Africa is in transition. There are currently two proposals to reform the proprietary consequences of marriages in South Africa, namely a Marriage Bill [B43-2023], and a South African Law Reform Commission Discussion Paper to review aspects of matrimonial property law. This article assesses the effectiveness of the proposed reform in addressing the current regulatory challenges related to the proprietary consequences of customary marriages. It argues that the piecemeal jurisprudential development of the law has not been effectively reconciled, and this must be addressed in any future reform. However, the Marriage Bill proposed by the Department of Home Affairs is not an answer. The Bill ignores customary notions of property and creates several conceptual difficulties such as potentially leaving customary law marriages without a matrimonial proprietary regime. The South African Law Reform's Discussion Paper, which reviews aspects of matrimonial property law, holds great promise because it proposes a change in the default matrimonial proprietary system and the exclusion of family property from the marital estate. The proposals must be reconciled and informed by living customary law practices to deliver the much-anticipated law reform.

Locating a queer regional imaginary through media framing of male same-sex criminalisation in Newcastle, Australia, post WWII to 1989

Media framing of the political, professional, and personal dynamics of criminal law in regional areas can illuminate the reach of arbitrary moral arguments used to criminalise marginalised populations. Drawing on analysis of media articles from post-Second World War up to 1989, this case study contextualises criminalisation processes of male same-sex offences in the regional New South Wales city of Newcastle. The cases and issues documented provide insight into the legal and social symbiosis between the regions and the metropole, and the role of place in defining regional identity. At the same time, they show a diversity of male same-sex sexual and gender expression often considered incongruous in an industrial centre that has signified the ‘raw masculinity’ of the Australian male. The case study emphasises the risks of cross-sectional analyses that can sever processes of criminalisation from stigma that persists beyond decriminalisation, and the integral role of social movements in achieving law reform.

Expert ignorance: the law and politics of rule of law reform

Expert ignorance: the law and politics of rule of law reform

“The Law is too Grey”: Liminal Legality and Moral Injury in Encounters with Drug Law Enforcement

Overdose mortality and the legitimacy crisis facing policing have propelled momentum for drug law reform. Yet, resulting reforms and associated protections are often functionally undermined by enforcement practices and the legal environment faced by people who use drugs. To explore this tension, we conducted a community-based study in Ontario, Canada. Our findings show that people's experiences of policing at overdose events reflect a legal regime characterized by their ambiguous legal status and uncertain protections. We argue that the resulting state of liminal legality is enacted in large part through police discretion and the uneven distribution of enforcement practices across spaces and populations; individuals compensate for this legal environment by mobilizing their knowledge of legal risks. Together, these expressions of law and drug enforcement generate substantial moral injury among people who use drugs.

Criminal Law Reform of The Existence of Article 378 of The Criminal Code in Land Cases

There is the criminalization of handling land disputes in Indonesia, such as in the case of Decision No. 1154/Pid.B/2021/PN. JKT.SE, namely Ir. Burhanuddin, who owns land with justifiable rights in the form of a Certificate of Ownership as a defendant and sentenced to imprisonment for 3 (three years), shows the need for criminal law reform against the existence of article 378 of the Criminal Code. With the normative juridical research method of the statutory approach, the author finds that the Criminal Act of Fraud 378 of the Criminal Code in the perspective of the Indonesian Criminal Law is connected with land regulations, explaining that Fraud, according to article 378 of the Criminal Code anyone who uses fraud or a series of lies to make someone give something, blame him, or cancel a debt but according to the legal principle lexes specialist systematic derogate lex generalis. While juridically, both the Civil Code and the Basic Agrarian Law do not specifically regulate if there is an error fraud in the sale and purchase of land rights, the sanction given by law is to cancel the sale and purchase deed with a claim for compensation because fraud in the deed of sale and purchase of land rights is not a criminal/criminal act that should be threatened with criminal sanctions but becomes Depenalization. The legal considerations in Decision No. 1154/Pid.B/2021/PN. JKT. SEL, reviewed in the renewal of the Indonesian Criminal Law, that the elements of fraud in the Criminal Code, namely objective and subjective elements of a person, can only be considered to have committed a criminal act of fraud as mentioned in Article 378 of the Criminal Code if all aspects are met. In this case, the perpetrator can only be sentenced according to his actions. Article 378 of the Criminal Code stipulates that someone who commits fraud must deceive the victim in a certain way, but in this case, the Civil Code and the Basic Agrarian Law does not explicitly regulate if there is an error.

Population Checks and Natural Laws: Malthus, Climate Determinism and Emigration

Through the lens of emergent laws of climatology developed to advance the scientific foundations and popular reach of practical meteorology in the nineteenth century, this article examines the checks on population and the global movement of people linked to reoccurring climate patterns and abnormal climatic events. Meteorological research contributed to debates within political economy and the public health movement, and to the disputed moral rationale for poor law reform. Scientific authority for this new analysis rested on a network of personal, religious, and professional links between T.R. Malthus, Thomas Chalmers, Francis Jeffrey, David Brewster, James D. Forbes, James Stark, Edwin Chadwick and William Pulteney Alison. The work of climate determinists argued that several causations were simultaneously affecting the nation’s vital statistics. The potential advantage to health from moving on a permanent basis to a more salubrious climate was explored. Adding further to the conundrum of colonisation, and the case for assisted migration, the laws of climatology offered reasons why any migrants pulled into parts of urban and Highland Scotland by freed resource – the vacuum effect – would still experience a positive Malthusian check on their life chances.

Criminal Law Policy (Penal Policy) in the Formulation of Criminal Sanctions Against Narcotics Crimes in Indonesia

Criminal Law Policy (Penal Policy) in the Formulation of Criminal Sanctions Against Narcotics Crimes in Indonesia

Implementation of Community Service Order Based on Law Number 1 of 2023 In The Perspective of Justice And Legal Expediency

This research is related to the reform of criminal law in Indonesia through community service order as an alternative to imprisonment. The type of research used in this study is normative legal research. The specifications used in this legal research are descriptive analytical, with a statute approach and a conceptual approach. The types of legal materials used in this research are primary and secondary legal materials. The method of collecting legal materials used by the author in this research is literature study. The method of legal material analysis conducted in this research uses qualitative analysis. The results of this research show that based on Law Number 1 of 2023 concerning the Criminal Code (KUHP), community service order is one of the main types of penalties that also serves as an alternative to short-term imprisonment, specifically for criminal offenses with a potential penalty of less than five years and where the judge imposes a maximum prison sentence of 6 (six) months. It also serves as a substitute for fines that do not exceed category II. This is an implementation of community service order to achieve the objectives of punishment and with the perspectives of justice and legal expediency.

RENEWAL OF ATTORNEY GENERAL REGULATION NUMBER 15 OF 2020 CONCERNING TERMINATION OF PROSECUTION BASED ON RESTORATIVE JUSTICE IN CORRUPTION CASES THAT PRIORITIZE SAVING STATE LOSSES

The current handling of corruption cases emphasizes punishing the perpetrators and recovering state financial losses caused by corruption. Since 2010, the Attorney General's Office has issued internal regulations for resolving corruption cases through a restorative justice approach. These internal regulations allow for the resolution of corruption cases in a non-punitive manner that prioritizes the saving of state losses. The problems were addressed: (1) what is the possibility of resolving corruption cases prioritizing saving state losses through the renewal of Attorney General Regulation Number 15 of 2020 concerning the Termination of Prosecution Based on Restorative Justice? (2) What is the influence and obstacle if Attorney General Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice is applied to Corruption Cases? The type of research used in this thesis was normative legal research. The research results show that: (1) Theoretically and juridically, the concept of restorative justice in corruption cases could be implemented to realize one of the objectives of punishment, which provided a deterrent effect and maximized the return/safety of state losses oriented toward the national economy and were in line with the ultimum remidium principle which could streamline the implementation of the principles of simple, fast and low-cost justice. (2) The factor that influenced and obstructed when Attorney General Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice was applied to Corruption Cases was that the process of termination of prosecution based on restorative justice in Attorney General Regulation No. 15 of 2020 did not specifically explain the termination of prosecution in corruption cases. Keywords: Law Reform, Corruption, Restorative Justice, State Losses

Mapping the Bounds for Integration of Blockchain Titles in a Torrens System

  As land becomes increasingly expensive in Australia fewer people can afford it, with consequences for wealth distribution and housing. Real estate, in particular the family home, has formed a foundation for Australians’ wealth over many decades, but the possibility of home ownership has been deteriorating in recent years. Alternative proposals for property investment include issuing fractions of land title on blockchain with parallel registration in the land registry. While such proposals are technically feasible, they are silent as to the means of integrating the blockchain ledger with the land administration system. As the land administration system comprises multiple statutory processes, this article uses the Queensland system as a case study, to analyse the relevant statutes in terms of the integration of a fractionalised blockchain titles system. The aim is to identify the law reform necessary to achieve a high level of integration of fractionalised land titles on a blockchain, within an existing land administration system — without detracting from the policy goals of that system.  

The Dynamics of Family Law in Indonesia: Bibliometric Analysis of Past and Future Trends

Family law is a branch of law that regulates relationships and interactions between family members. Because underlying family law are a number of factors that reflect the complexity and diversity of societies as well as different cultural values throughout the world. This research aims to carry out an indepth analysis of certain aspects of family law, such as regulations on marriage, divorce, child custody or family inheritance. This analysis can include a study of legal developments, comparisons with other legal systems, and evaluation of the effectiveness of implementing regulations, then understanding how social changes and changes in values in society affect family law. The method used is bibliometric analysis with a systematic literature review approach, there are 72 documents originating from Scopus metadata. Family law publications have increased from year to year over a period of 20 years, in 2011 there were 39 publications regarding family law, then they fell again in line with little attention to aspects of family law, from 2015 to the peak in 2020 there were 77 publications which has been published. Factors that cause this are due to social change, technological progress, and the evolution of societal values, social change. Increased awareness of individual rights, especially the rights of women and children, has encourage interest in change and reform of family law and Globalization brings new ideas and cultural influences that can influence the way family law is viewed. Research findings may have limitations in terms of applicability or relevance if laws or policies change. Family law is subject to continuous change and adaptation, particularly in response to changes in society and values. Research may not always be able to capture or respond quickly to changes.

Deconstructing the Laissez-Faire Legend: A Critical Analysis of the 1834 Poor Law Reform and Its Legacy

This research paper critically examines the 1834 Poor Law Reform in Britain, a seminal event that is often heralded as a triumph of laissez-faire economics. The study delves into the historical context of the Old Poor Law system, established in 1601, which mandated legal support for individuals unable to sustain themselves. The paper scrutinizes the perceived problems of the Old Poor Law and the subsequent radical reforms introduced by the New Poor Law. It challenges the conventional narrative that the Poor Law Reform was a necessary corrective to an inefficient and market-distorting welfare system. Through a detailed analysis of the Poor Law Commission Report of 1834 and its criticisms, the paper reveals significant gaps in the arguments presented. The study also considers the impact of the Industrial Revolution, the Napoleonic Wars, and the gold standard restoration on the Old Poor Law system, arguing that these external factors played a crucial role in shaping the economic and social landscape of the time. This study offers insights into the complexities of policy marking and the interplay of economic theories and social needs. It underscores the enduring impact of historical decisions on contemporary economic and political dynamics and challenges the notion of post-WWII liberal order as a perpetuation of the laissez-faire myth.

Joint enterprise in England and Wales: why problems persist despite legal change

ABSTRACT The law in England and Wales (as in Australia and other jurisdictions) enables a person to be convicted of an offence committed by another using complicity liability, sometimes termed ‘joint enterprise’. In England and Wales, 'joint enterprise' has been widely criticised for: failing to distinguish between the moral and legal culpability of the person who commits the substantive offence and those on the periphery of it; being disproportionality applied in cases involving young men from black and mixed ethnic backgrounds; and for lacking legal legitimacy. Thus, it was hoped that the decision of the Supreme Court in England and Wales in 2016 to abolish the extended form of complicity liability, known as Parasitic Accessorial Liability (PAL), would resolve these issues. Reporting on interviews with police detectives, and prosecution and defence lawyers in England involved in cases of serious youth violence, this paper argues that the problems associated with ‘joint enterprise’ in England and Wales remain, despite the change in the law. This is due to there being only ‘subtle shift’ in practice and a continued reliance on racialised inferences about young men from black and mixed ethnic backgrounds. To reduce problems with disproportionality and improve the fairness of the law related to complicity liability, changes to police and prosecutorial practice are required, alongside meaningful law reform.

Identifying the Most Important Strategies for Development Health Tourism in Affiliated Regions of Abadan University of Medical Sciences

Background: Since Abadan University of Medical Sciences is situated near Arabic Countries and has similar cultural and linguistic characteristics to these countries, it must improve its health infrastructures to compete in this highly profitable market. Objectives: This study aimed to identify strategies for the development of health tourism at Abadan University of Medical Sciences. Methods: This was a qualitative study carried out in 2022. Study participants included all (22 person) experts and thinkers from Abadan University of Medical Sciences. The research tool was a checklist made by the researcher. The data collection tool consisted of several questions regarding health tourism development strategies. The interviewing process continued until saturation had been reached. The content analysis method was then used to analyze the data. Results were categorized and analyzed using MAXQDA version 2021 software. Results: Abadan tourism development strategies for health tourism included five major themes such as (administrative and executive, economic, law and regulation reform, marketing, and information) with 46 sub-themes. The most important administrative and executive strategy was encouraging travel agencies that are active in attracting foreign patients. The most important economic strategies were to reduce customs tariffs on medical equipment and attract direct foreign investment in the medical sector. The most important strategies were to amend and revise the laws and regulations of the nations and peoples of the valley. Conclusions: It is recommended that policymakers and decision-makers in the health tourism industry of Abadan University of Medical Sciences take steps to strengthen and develop health tourism based on the priorities set.

The CRPD and mental health law reform in Scotland

Scotland's mental health and capacity legislation and its implementation is underpinned by European Convention on Human Rights (ECHR) informed principles, and such legislation and its implementation has remained largely ECHR compliant. It is designed to protect individuals' autonomy from inappropriate and disproportionate nonconsensual intrusions but its scope is largely limited to this. However, since the legislation was enacted at the start of the twenty first century the UK subsequently ratified the UN Convention on the Rights of Persons with Disabilities (CRPD) which requires the law and related practice to focus on giving effect to all the rights of persons with mental disabilities (people living with psychosocial, cognitive and intellectual disabilities) on an equal basis with others and to actively support such equality in rights enjoyment.The Terms of Reference of the independent Scottish Mental Health Law Review (2019–2022) included considering and making recommendations to align Scotland's mental health and capacity legislation with the CRPD. After engaging widely with stakeholders its recommendations sought to strengthen the voice of persons who use services and of those who care for them, reduce the need for non-consensual measures and secure rights to the help and support necessary to live a good life. In order to achieve this, it recommended, amongst other things, a refocusing on mental health and capacity law together with a Human Rights Enablement, Supported Decision Making and Autonomous Decision Making framework.

European Integration and the Labour Law Reform in Georgia. Achievements and Challenges

European Integration and the Labour Law Reform in Georgia. Achievements and Challenges

The effect of tax‐based price increases on cigarette and fermented liquor consumption: Evidence from tax reform laws in the Philippines

The effect of tax‐based price increases on cigarette and fermented liquor consumption: Evidence from tax reform laws in the Philippines