Legal Policy Research Articles

Legal and Political Policy in Preventing of Money Politics: Case Study and Recommendations

Money politics has damaged the democratic system throughout the nation; handling the problem of money politics is not enough to be charged to law enforcement and all elements of society. The seriousness of the government and political parties in tackling the problem of money politics can be done by legal and political means. The results of this study show that political policies in preventing money politics in the 2019 elections in Banyumas Regency where political parties have made several efforts in at least three ways: 1) implementing pacta integrity and providing debriefing to cadres and legislative candidates. 2) All parties tend to follow only the existing rules, especially those issued by the KPU and Bawaslu. 3) It turns out that all parties do not require this, relating to the competency requirements of legislative candidates that are more stringent, intellectual, managerial skills, experience, and morality. Legal policies in the prevention and handling of money politics have carried out prevention strategies through legal policies, namely prevention at the level of legislation policy and judicial policy. In contrast, the execution policy has yet to be well realized.

Standard-essential patent legal protection in China’s telecommunication industry: an international trade and economy perspective

ABSTRACT Standard-essential patents (SEPs) are specific types of patents that protect the technology incorporated in a standard. China has one of the world’s largest telecommunication markets, and its legal policies and practices regarding SEP protection profoundly influence the competitive environment of the Chinese telecommunication market, international economic and trade cooperation, and global telecommunication technology innovation. Recently, frequent disputes in the communication sector surrounding SEPs in China’s judicial practice revolved around the fair, reasonable, and non-discriminatory (FRAND) principles, embodying three key issues: patent hold-up, licence fee rates, and anti-suit injunction. Regarding the patent hold-up and hold-out of SEPs in the telecommunication industry, a balance of interests between SEP holders and implementers in licence negotiations should be achieved under the guidance of the principles of FRAND from the perspective of legislation, administrative management, and the judiciary. Concerning licence fee rates, billing benchmarks should be judged based on individual cases, utilizing a comprehensive approach combining comparable licence agreement methods and top-down methods to determine a fair and reasonable licencing fee acceptable to all parties. In the conflict between anti-suit and anti–anti-suit injunctions, improving the anti-suit injunction rules and international cooperation mechanisms is necessary to achieve fair and non-discriminatory judicial processes and judgment results.

Problematic aspects of the influence of the legal system on social phenomena

The article examines the problem of the interaction of law with other social phenomena. On the one hand, law can be used to protect other social phenomena, such as moral norms, economic interests, cultural values, and on the other hand, social phenomena can influence the formation of legal norms and law and order in society. An important aspect of research is the interaction of legal norms with such social phenomena as politics, economy, culture, morality, and others, as well as the influence of legal norms on social reality and the interaction of various aspects of society’s life. The article examines the problem of the correlation of legal policy with certain social phenomena, and also determines the role of law in the formation of social reality. In addition, the author investigates the problem of regulation of social phenomena by the norms of national and international law in the context of social phenomena. Understanding the relationship between law and various social phenomena is important for the development of legal policy in the conditions of constantly changing social realities. Studying the relationship between law and other social phenomena allows us to understand the causes of such conflicts and find ways to solve problems. Understanding the relationship between law and social phenomena is important for the effective functioning of the legal system, ensuring the protection of human rights and freedoms, the development of international law and legal awareness. Knowledge of this interaction helps to understand trends in the development of law as a social phenomenon, as well as social phenomena as components of law. Also, understanding the relationship between law and other social phenomena is important for the development of the international legal system and the implementation of international legal cooperation. In connection with the growth of globalization and international cooperation, there is a need for the development of international law and legal instruments that regulate relations between different states and international organizations. Understanding legal norms and their relationship with social phenomena contributes to the formation of a high legal culture in society and ensuring the protection of human rights and freedoms.

An overview of the oil and gas pipeline safety in China

Emerging trends in digitization, intelligence, and low-carbon transition have significantly affected China's oil and gas pipeline development strategies. Emerging technology has resulted in significant cost savings but has also raised concerns about the safety of oil and gas pipelines. From the perspectives of infrastructure construction, safety assurance technology, and legal and regulatory frameworks, this study offers a survey and assessment of the current practices to identify the safety issues and challenges of oil and gas pipelines. Critical recommendations have been synthesized and discussed, focusing on the aspects of policy and technology, that is, the long-lifetime oil and gas pipeline safety assurance system with legal guidance and policy supplements, and the research and application of key technologies on the inherent safety design, resilience enhancement, intelligent safe operation and maintenance, and green and low-carbon transition. This study aims to identify the key issues addressed and challenges faced by research and development activities and to identify the gaps and opportunities for future research and development to ensure the safety of China's oil and gas pipelines.

An assessment of federal alcohol policies in Canada and priority recommendations: Results from the 3rd Canadian Alcohol Policy Evaluation Project

ObjectiveTo systematically assess the Canadian federal government’s current alcohol policies in relation to public health best practices.MethodsThe 2022 Canadian Alcohol Policy Evaluation (CAPE) Project assessed federal alcohol policies across 10 domains. Policy domains were weighted according to evidence for their relative impact, including effectiveness and scope. A detailed scoring rubric of best practices was developed and externally reviewed by international experts. Policy data were collected between June and December 2022, using official legislation, government websites, and data sources identified from previous iterations of CAPE as sources. Contacts within relevant government departments provided any additional data sources, reviewed the accuracy and completeness of the data, and provided amendments as needed. Data were scored independently by members of the research team. Final policy scores were tabulated and presented as a weighted overall average score and as unweighted domain-specific scores.ResultsCompared to public health best practices, the federal government of Canada scored 37% overall. The three most impactful domains—(1) pricing and taxation, (2) marketing and advertising controls, and (3) impaired driving countermeasures—received some of the lowest scores (39%, 10%, and 40%, respectively). Domain-specific scores varied considerably from 0% for minimum legal age policies to 100% for controls on physical availability of alcohol.ConclusionMany evidence-informed alcohol policies have not been adopted, or been adopted only partially, by the Canadian federal government. Urgent adoption of the recommended policies is needed to prevent and reduce the enormous health, social, and economic costs of alcohol use in Canada.

Tax sovereignty of the state in the context of legal policy

Tax sovereignty of the state in the context of legal policy

Environmental Safety of Sustainable Development: Strategy and Implementation Mechanisms

The paper analyzes the strategic planning system being formed in Russia, the basic principles of which are laid down in the Federal Law of June 28, 2014 No. 172-FZ «On Strategic Planning in the Russian Federation», and also examines its impact on the institution of environmental and legal policy. Using comparative analysis, logical and systemic methods, the author examines the impact of the adopted on November 8, 2021 Decree of the President of the Russian Federation No. 633 «On approval of the Fundamentals of State Policy in the Sphere of Strategic Planning in the Russian Federation» on the formation of a new architecture and methodology for strategic planning in the country, including in the field of ensuring environmental safety. The relevance of this topic is increasing in connection with the course taken to strengthen the state sovereignty of the Russian Federation, build an independent economic and technological policy during the period of the end of «globalism» of a unipolar world on the terms of Western countries. The author’s employs his formulations on the theory and practice of strategic management in the field of environmental safety, which form the base for assessments and certain recommendations.

Use of neurological criteria to declare death in children.

Accurate determination of death is a necessary responsibility of the medical profession. Brain death, or death by neurological criteria (DNC), can be legally declared after the determination of permanent loss of clinical brain function, including the capacity for consciousness, brainstem reflexes, and the ability to breathe spontaneously. Despite longstanding debates over the exact definition of brain death or DNC and how it is determined, most middle- and high-income countries have compatible medical protocols and legal policies for brain death or DNC. This review summarizes the 2023 updated guidelines for brain death or DNC determination, which integrate adult and pediatric diagnostic criteria. We discuss the clinical challenges related to brain death or DNC determination in infants and young children. We emphasize that physicians must follow the standardized and meticulous evaluation processes outlined in these guidelines to reduce diagnostic error and ensure no false positive determinations. An essential component of the brain death or DNC evaluation is appropriate and transparent communication with families. Ongoing efforts to promote consistency and legal uniformity in the declaration of death are needed.

Legal Protection in the Implementation of Personal Guarantees in Indonesia

The research aims to discuss the problem of how legal policies relate to the implementation of personal guarantees in providing bank credit in Indonesia? And what is the legal protection for customers and banks in cases of using personal guarantees in providing bank credit? The research method used is normative juridical. The research results concluded that Legal policies related to the implementation of personal guarantees in Indonesia are based on applicable laws and regulations as regulated in Article 1820, Article 1831 and 1837 of the Civil Code of the Civil Code, specifically based on the internal regulations of each bank, as recipients of personal guarantees. Legal protection in implementing personal guarantees in Indonesia is very important to prevent abuse and ensure justice for both parties. However, to ensure optimal protection, it is important for both parties to fully understand their rights and obligations and to consult with legal experts if necessary before entering into or signing a personal guarantee agreement.

The long‐run effects of temporary protection from deportation

AbstractThis paper estimates the effect of Temporary Protected Status (TPS), a temporary legalization policy, on the incomes and property ownership of Salvadoran recipients over 20 years. We compare likely undocumented Salvadoran immigrants eligible for TPS to a control group of likely undocumented immigrants ineligible for TPS in an event study design that allows us to observe the policy's effects over 2 decades. We find that earnings, homeownership, and use of a car increased considerably for at least 15 years following the granting of TPS. This suggests that even temporary and limited legal status can have substantial and sustained benefits for recipients.

The Credit Council in the US Context

Abstract The proper role of central banks – in the US the Federal Reserve – is again up for scrutiny and criticism as the consequences of the monetary policies of the Great Financial Crisis (GFC) are fully revealed. Into the debate comes the proposal of an updated version of the Credit Council, an institution that worked alongside central banks in many European countries in the adjustment from a wartime to a peacetime economy post WWII. The renovated and reconstituted European Credit Council, as conceived by Eric Monnet of the Paris School of Economics, would participate as an aid to both the legislature and central banks in developing and monitoring monetary policy. Monnet sees additional institutional oversight to be essential as central banks confront the multifaceted challenges of escaping from GFC experimental policies and dealing with emerging challenges such as the Green Transition and social inequality. Monnet’s idea has its supporters and critics in the European context. This paper attempts to assess the utility and efficacy of the Credit Council in the US context, using: (i) the EU criticisms to anticipate and respond to likely objections from US critics; and (ii) the current Fed reform debate in the US to gauge potential fit and acceptance. The conclusion, in brief, is that the Monnet CC concept could fit well within the US context and is a potentially useful mechanism for enhancing democratic responsiveness and adding to policy legitimacy as the Fed deals with existing and imminent monetary arena challenges.

СЕКРЕТНОЕ ПИСЬМО В.И. ЛЕНИНА 20 ФЕВРАЛЯ 1922 г. НАРКОМУ ЮСТИЦИИ РСФСР Д.И. КУРСКОМУ И ДАЛЬНЕЙШАЯ МОДЕРНИЗАЦИЯ СОВЕТСКОЙ ПРАВОВОЙ ПОЛИТИКИ В УСЛОВИЯХ НЭПА

The paper based on V.I. Lenin’s works, published in sources and special historical materials, explores the true meaning and content of Lenin’s letter dated February 20, 1922 to the People’s Commissar of Justice of the RSFSR D.I. Kursky. This secret letter intended to modernize Soviet legal policy under the conditions of the NEP. Lenin wanted to direct the efforts of the People's Commissariat of Justice (Narkomyust) to fight the enemies of Soviet power. In carrying out this modernization of legal policy V.I. Lenin relied on the qualified Soviet lawyer D.I. Kursky, who for ten years (1918–1928) remained the permanent People's Commissar of Justice of the RSFSR, and then the USSR. In 1922, Lenin, in a secret letter, saw the Socialist Revolutionaries and Mensheviks as the main enemies in the transformation of Russia. One of them was a prominent Russian historian, a former Bolshevik fellow-fighter who went over to the Mensheviks, N.A. Rozhkov. Renegades apostates like him aroused special hatred in Vladimir Ilyich. V.I. Lenin pursued Nikolai Alexandrovich Rozhkov until his last breath. It should be noted that the addressee of the letter D.I. Kursky generally successfully implemented Lenin's demands and instructions for modernization and justice during the NEP years. He practically created a new Soviet law, but in 1928 I.V. Stalin began to sharply curtail the NEP, and D.I. Kursky was “diplomatically” sent by the USSR plenipotentiary envoy to Italy.

Exploring the forms of parental involvement for truancy control: a scoping review analysis with stakeholder consultation

ABSTRACT Truancy is detrimental to children’s educational progress. Parents, being the first authority at home, share an equal responsibility with schools to thwart it. Unlike developed countries, many nations, e.g. India, have no legal actions or policies for truancy. A considerable gap in identifying any specific form of involvement from the parents undermines truancy control. In order to fulfil the research gap, authors conducted a scoping review and found 17 interrelating articles. Indicators from reviews were used to collect responses by interviewing 91 respondents, and overall results are presented. The PCC tool, PRISMA-ScR flowchart and SPSS V.20 aided in analysing the data. The findings indicated that volunteering and communication are adequate indicators of truancy control. Both indicators can significantly impact truancy prevention programmes, but the associated challenges in the study area require constant monitoring.

Systemic White supremacy: U.S. state policy, policing, discrimination, and suicidality across race and sexual identity.

Although suicide rates are stable or decreasing among White communities, rates are increasing among Black communities, a trend that appears to be disproportionately affecting Black lesbian, gay, bisexual, and queer (LGBQ) people. To understand the structural drivers and mechanisms of these trends, we examined associations between U.S. state-level racist and heterosexist criminal legal policies and policing, discrimination, and suicidality among White and Black, heterosexual and LGBQ, communities. We recruited 5,064 participants in 2021 using online census-driven quota sampling. Structural equation modeling estimated associations from objective indicators of racist and heterosexist criminal legal policies to self-reported police stops, discrimination, and suicidal ideation and behavior. For White heterosexual participants, racist (β = -.22, SE = 0.03, p < .001) and heterosexist (β = -.26, SE = 0.03, p < .001) policies were negatively associated with police stops. For White LGBQ participants, racist and heterosexist policies were not significantly associated with police stops. For Black heterosexual participants, racist (β = .30, SE = 0.11, p = .005), but not heterosexist, policies were positively associated with police stops. For Black LGBQ participants, racist (β = .57, SE = 0.08, p < .001) and heterosexist (β = .65, SE = 0.09, p < .001) policies were positively associated with police stops which, in turn, were positively associated with discrimination and suicidal ideation and behavior. Results provide evidence that racist and heterosexist state policies are linked to policing and interpersonal drivers of suicide inequities and suggest that repealing/preventing oppressive policies should be a suicide prevention imperative. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Legal Implications of Personal Data Misuse in Emergency Contact Information for Online Loan Services

This study investigates the legal risks associated with being an emergency contact or the absence of emergency contact in online loans. Utilizing a Normative Juridical approach, the research evaluates the effectiveness of legal policies in minimizing these risks. Findings reveal that serving as an emergency contact may lead to inconvenience due to frequent communication from debt collectors, while the absence of emergency contacts poses challenges for lenders in contacting borrowers, resulting in potential financial losses. These results underscore the importance of implementing efficient legal measures to protect both borrowers and lenders in online lending transactions. Highlights : Importance of Legal Policies: Evaluating the effectiveness of legal policies in minimizing risks associated with online loans is crucial for ensuring the protection of both borrowers and lenders. Role of Emergency Contacts: Investigating the impact of emergency contacts on mitigating legal risks sheds light on the practical aspects of borrower-creditor communication in online lending transactions. Financial Implications: Understanding the financial consequences of lacking emergency contacts in online loans underscores the need for comprehensive risk management strategies in the digital lending landscape. Keywords: Online loans, Legal risks, Emergency contacts, Normative Juridical approach, Financial implications

Churches in the 2020 elections and political protests in Belarus: raising voices at the time of uncertainties and turmoil

ABSTRACT In 2020, the religious factor turned out to gain importance to both protest mobilizations and to government repression in Belarus, where the initiatives of religious groups had fostered collective action in the state system that was punitive against any dissent. This happened for the first time in the country, which had been affected by the legacies of Soviet anti-religious policies. The forms of protest that churches could suggest fitted neatly into the non-democratic settings of Belarus, providing a necessary opportunity structure for otherwise forbidden mobilizations. Analyzing the attitudes of the Orthodox, Catholic, and Protestant Churches toward the events of 2020 in Belarus, this research note discusses why their social contract with the authoritarian regime was broken. We argue that the churches’ stance and the role they played at a time of political turmoil confirmed their status as influential non-state actors who are capable of having their say in the rough circumstances of an authoritarian and repressive political regime. At the same time, it has also confirmed the limits of the authoritarian state to influence religious institutions and the growing opportunities for clergy and laypeople from these institutions to have a common say on important issues of moral and ethical dimensions, inspired by Christian principles and values.

Advancing Environmental Sustainability: A Quantitative Assessment of Legal Frameworks and Policy Efficacy

This study conducts a comprehensive quantitative assessment of the effectiveness of environmental laws and policies in addressing global environmental challenges. Through a meticulous comparative analysis of environmental legislation across the United States, Germany, Brazil, and China, we explore the diverse legal architectures and their impacts on air and water quality, biodiversity conservation, and climate change mitigation. Employing sophisticated econometric models, including linear and logistic regression, Poisson regression, and difference-in-differences analysis, alongside system dynamics modeling, we quantitatively evaluate the relationship between policy instruments, technological innovation, and international agreements on environmental outcomes. Our findings reveal significant correlations between stringent environmental laws, effective enforcement mechanisms, technological advancements, and improved environmental quality. However, the analysis also underscores the need for adaptive policy frameworks, enhanced international cooperation, and increased policy ambition to meet global sustainability targets. This study contributes to the environmental law and policy discourse by providing evidence-based insights into the roles and impacts of legal and policy instruments in fostering environmental sustainability.

Cybersecurity Law: Challenges and Legal Frameworks for Protecting Digital Assets and Privacy Rights

Provides an overview of the complex landscape of cybersecurity law, highlighting the challenges and legal frameworks aimed at safeguarding digital assets and privacy rights in an increasingly interconnected and digital world. the evolving nature of cybersecurity threats, the legal principles underpinning cybersecurity regulation, and the tensions between security imperatives and individual rights. Cybersecurity law encompasses a broad range of legal principles, regulations, and policies designed to protect digital assets, information systems, and privacy rights from cyber threats and attacks. the multifaceted nature of cybersecurity challenges, including data breaches, malware attacks, ransomware, insider threats, and state-sponsored cyber espionage, which pose significant risks to individuals, organizations, and governments worldwide.

TRANSFER OF INTELLECTUAL PROPERTY RIGHT AS A COMPANY ASSET IN BANKRUPTCY IN INDONESIA

The transfer of intellectual property rights (IPR) as a company asset during bankruptcy proceedings in Indonesia presents a complex legal landscape. This study examines the gap between existing legal frameworks and the practical realities faced by companies undergoing bankruptcy. Specifically, the research addresses the lack of clear guidelines on the valuation, transfer, and protection of IP rights, which are critical assets in the modern economy. This study utilizes the three research methods, which are Normative Approach and Conceptual Approach. Findings indicate significant inconsistencies and ambiguities in the legal treatment of IPR in bankruptcy cases. The aim of this research is to provide an understanding of how IPR can be included in the bankruptcy estate and distributed to entitled creditors based on an assessment by the curator. In conclusion, this research found that recommendations for legal amendments and policy interventions to bridge the identified gaps, thereby enhancing the protection and transferability of IP rights in bankruptcy contexts in Indonesia.

Transforming Administrative Justice Insights Indonesian State Dispute Resolution

This study examines the role of administrative remedies in resolving state administrative disputes in Indonesia, particularly in light of Supreme Court Regulation No. 6 of 2018. It investigates the legal obligations and procedural mechanisms governing the utilization of administrative remedies, with a focus on disputes involving Civil Servants (ASN). Utilizing a juridical-normative approach, the research underscores the importance of exhausting administrative remedies before resorting to judicial measures, highlighting the potential consequences of failing to do so. Findings indicate that administrative remedies play a crucial role in safeguarding citizens' legal rights, while judicial authorities retain discretion to dismiss cases lacking administrative recourse. The study underscores the need for adherence to procedural requirements and administrative lawfulness, offering insights for legal practitioners, policymakers, and judicial authorities to enhance the administrative justice system in Indonesia. Highlights: Exhausting administrative remedies crucial for procedural fairness in state disputes. Judicial discretion vital; dismissal possible without exhausting administrative remedies. Legal practice and policy must prioritize procedural compliance and enhancement. Keywords: Administrative Remedies, State Administrative Disputes, Legal Obligations, Procedural Mechanisms