Legal Basis Research Articles

Data linkage in public health research: a scoping review of ethical, legal and societal aspects surrounding administrative data

ObjectiveThe application of data linkage for scientific research purposes in the public health sphere requires using personal and sensitive data on an individual level while results are analyzed from a population perspective. Considering this, ethical, legal and social issues (ELSI) must be considered. In this sense, our study aims to better understand how ELSI surrounding administrative data linkage use in public health has been addressed in the scientific literature. ApproachOur scoping review is based on the Joann Briggs Institute Manual for Evidence Synthesis and will be reported according to the Preferred Report Items for Systematic Reviews and Meta-Analyses – Scoping Review Guideline. Two independent authors searched for articles published between January 2013 and December 2023 in the PubMed/MEDLINE, Web of Science, EMBASE and LILACS databases, as well as in Scielo and Google Scholar platforms. Keywords used were related to ‘data linkage’, ‘administrative data’, ‘ELSI’, “public policies’ and ‘public health’ terms. Articles were screened initially by title and abstract, then by full-text read. ResultsAfter duplicate removal and articles screening, two independent authors are performing data extraction considering ethical, legal and regulatory basis as well as procedures for data access; data management process including record linkage; type of administrative data linked; data protection strategies; and data subjects rights. ConsiderationsThis scoping is underway, we intend to have our final results by April to present at the conference, in September.

The Kids’ Environment and Health Cohort: a novel administrative data resource for research on the environmental determinants of child health in England

Objective and ApproachThe environment in and around children’s homes and schools can influence their health and educational outcomes. Better understanding of how these potentially modifiable environmental risk factors can affect children is crucial in enabling the creation of healthier and more equitable places. We aim to establish the Kids’ Environment and Health Cohort, a research-ready, de-identified, national longitudinal birth cohort of approximately 11 million children born in England from 2006 to 2023, updated annually. The cohort will link vital statistics, census, health, education, and environmental data, via unique property identifiers from longitudinal health service address records for children and their mothers during pregnancy. Data on environmental exposures around schools will be linked to the cohort via education records. The cohort will be held and accessed in a secure research environment at the Office for National Statistics (ONS). All geographical identifiers will be encrypted and stored separately from the main cohort by the ONS to ensure privacy and security. ResultsWe have received ethics approval and have agreed the legal bases for establishing the cohort. We are now setting up data sharing agreements with each data provider. Delivery of the cohort is scheduled for late 2025. ConclusionThe Kid’s Environment and Health Cohort will support policy-relevant research in exploring associations between environmental factors and children's health and educational outcomes, and assessing the effectiveness of policy interventions. It will also support interdisciplinary collaboration, guiding evidence-based decision-making for environmental, planning, and public health policies aimed at promoting children’s health and well-being.

Regulatory options for integrating zero-knowledge proofs into the European Digital Identity Wallet

ABSTRACT On 30 April, Regulation (EU) 2024/1183 amending Regulation (EU) 910/2014 as regards establishing the European Digital Identity Framework, known as eIDAS 2.0, was published in the Official Journal of the European Union. This amendment introduces zero-knowledge proof (ZKP) privacy-enhancing technologies to support two key innovations: the European Digital Identity Wallet (EUDIW) and the electronic attestations of attributes ((Q)EAA). In parallel, the European Digital Identity Wallet Architecture and Reference Framework (EUDIW ARF) provide a common set of standards and best practices for the technical implementation of eIDAS 2.0. This paper analyses how the EUDIW can rely on ZKPs since neither the eIDAS 2.0 Regulation nor the EUDIW ARF does so. We propose a software product regime for the cryptographic derivation of data in a ZKP format through three mutually compatible regulatory options: zero-knowledge issuance by default through the EUDIW, through a software product extension of the EUDIW, or a private standalone wallet. These schemes provide the legal basis for the secure use of ZKPs, ensure effective compliance with the GDPR, and contribute to the debate on the value that electronic ledgers introduced by eIDAS 2.0 bring to digital identity.

ĐƠN VỊ HÀNH CHÍNH – KINH TẾ ĐẶC BIỆT THEO QUY ĐỊNH CỦA HIẾN PHÁP NĂM 2013 VÀ VIỆC TRIỂN KHAI THI HÀNH

A prominent new feature of the 2013 Constitution is that it directly stipulates special administrative and economic units. This is an important legal basis for the formation of this special type of administrative unit in our country. The article clarifies the scientific basis for special administrative-economic units, the political and legal basis for their establishment, and directions for perfecting the legal basis for administrative-economic units special economic.

Legal Aspects of the Right to Freedom of Opinion in View of Jordan’s 2023 Cybercrime Law

This study highlights the legal aspects of the right to freedom of opinion in Jordan after the issuance of Jordan’s Cybercrime Law No. 17 of 2023. First, it discusses the concept of freedom of opinion in theory. Second, it highlights the protection of human rights and its impact on States. Third, it shows how States might limit the protection of freedom of opinion by criminalising cyber activities. This study relies on descriptive and analytical approaches to describe freedom of opinion and analyse its legal basis in accordance with national and international legal rules. It uses a case study of Jordan by analysing the Jordanian Cybercrime Law and its impact on the right to freedom of opinion. This study argues that Jordan’s 2023 Cybercrime Law imposes stricter penalties on perpetrators of acts classified as cybercrime, exceeds the general rules in the penal code, and expands the scope of crimes related to freedom of opinion. The study produces several recommendations, the most important of which is that restrictions on the freedom of cyber activities in Jordan must comply with international obligations and that there is a need to amend the Cybercrime Law to conform to these obligations

Legal regulation of surrogacy: International experience, status and prospects for development in Ukraine

The use of assisted reproductive technologies in Ukraine is insufficiently regulated at the legislative level, which necessitates a study of one of the types of assisted reproductive technologies – surrogacy – and the legal basis for the use of this phenomenon in Ukraine. The purpose of this study was to clarify the status and identify the shortcomings of legal regulation of surrogacy under the national legislation of Ukraine, and to investigate the world practices of its development. To fulfil the stated purpose, the study employed general scientific and special methods of scientific cognition, specifically, the formal legal method, the comparative legal method, and the method of functional forecasting. The study focused on the specific features of consolidating the institution of surrogacy in European legislation. The study found no unified international regulation of surrogacy relations, which leads to the existence of different approaches to their regulation in legislation. The study analysed the current state of national legislation on the use of assisted reproductive technologies through surrogacy and highlighted the existing gaps and shortcomings that need to be addressed. It was found that Ukraine lacks comprehensive legal regulation of surrogacy relations, which leads to contradictory opinions on the problem of using this type of assisted reproductive technologies. Based on the study conducted, conclusions were drawn on the need to amend the legislation of Ukraine regarding the use of surrogacy as a type of assisted reproductive technology. An analysis of the regulations of Ukraine suggests the need for a unified legal regulation of the surrogacy process. This analysis of the regulatory framework is of practical significance for further legislative regulation of legal relations in surrogacy matters

Implementation of Article 45 of Law No. 1 of 1974 concerning Marriage Related to the Fulfillment of Children's Rights After Divorce Based on the Principle of Legal Certainty

This study explores how Article 45 of Law No. 1 of 1974 concerning Marriage is applied to fulfill children's rights after divorce. The main focus of this study is to understand how the principle of legal certainty, which is the legal basis in Indonesia, is implemented in divorce cases, especially related to the fulfillment of children's rights. This study uses a normative juridical method with a legislative approach and secondary data analysis. The results of this study show that although Article 45 of the 1974 UUP explicitly regulated the obligations of parents to fulfill the rights of children after divorce, in practice, there are still various obstacles. These obstacles include a lack of legal understanding and awareness from the parties, as well as gaps in the application of the law that cause children's rights to not be fully fulfilled. This study recommends improving regulations and increasing supervision in implementing existing policies. Thus, it is hoped that children's rights in divorce cases can be better protected, in line with the principle of legal certainty guaranteed by law.

Korelasi Antara Konstitusi dan Kekuasaan dalam Mempertahankan Nilai Nilai Konstitusi

Lack of adequate legal protection for people in Indonesia, social injustice, and social and economic inequality between regions and groups of people, which results in injustice in the distribution of resources and services as well as social welfare, and limited human rights. The research method is descriptive qualitative, which is commonly used in constitutional research including: Literature study, document analysis, conducting discussions with relevant political experts and actors and then conducting content analysis. The results of the brief review, namely the Study of the Constitution in Indonesia, are very important in understanding the legal and political basis of the Indonesian state. Constitutional Studies students must have 21st century skills such as an understanding of basic concepts in the constitution, the ability to analyze issues related to the constitution, the ability to identify weaknesses in constitutional documents and the ability to propose changes needed for the progress of the Indonesian state. In the controversy over choosing to return to the original 1945 Constitution or remain in the 1945 Constitution of the Republic of Indonesia, it is important for us to have a deep understanding of constitutional documents and issues related to them as well as the ability to think critically to consider the arguments of each party. It is important for us to apply and implement the current UUD in accordance with the spirit and principles contained therein for the advancement of the Indonesian state.

Efektivitas Pengelolaan Dana Desa oleh Pemerintah Desa Mekargalih Tahun 2023

This study aims to describe the effectiveness of village fund management in 2023 in Mekargalih Village based on indicators of goal achievement, integration, and adaptation as stated by Duncan in Steers (2003). The method used in this research is a qualitative method with the research object “Village Fund Management”. This research collected primary and secondary data obtained through semi-structured interviews, non-participant observation, literature study, and documentation study. The results showed that the Village Government was able to achieve the goals and objectives of using village funds, implement the applicable legal basis, carry out socialization and consensus, manage village funds according to procedures, and optimize the use of facilities and infrastructure. However, the disbursement of village funds and village fund activities are generally implemented late. Furthermore, training activities are considered not to have a significant impact to the capacity building of village officials. In addition, village governments face challenges in managing village funds in the form of limited village apparatus capacity and low levels of village independence. Overall, the village government has fulfilled most of the effectiveness indicators. Thus, it can be concluded that village fund management has been carried out effectively by the Mekargalih Village Government, but there are aspects that need to be improved to increase the effectiveness of village fund management in the future.

The Main Body and Legal Basis of American Graduate Degree Awarding Authority

The right to confer postgraduate degrees is involved a key measure to universities and its students. Nations in the world pay a very high attention to postgraduate education and play it core role. As we known, U.S. has rich resources and great influences in the field of higher education worldwide. And there are many students from all over the world to enroll American universities to study for master or doctor degree. Although the degree is divided into curriculum and paper degree, the quality of both are strictly regulated and guaranteed in the United States. The main body has become different types of universities and diversity pattern in the course of developing. The right to award degree was struggled by universities in the development of history, and it is a part of its charter. In the process, the legitimacy of awarding degree gradually was established. As so far, it is known as an important measure for the development of universities and students. There are different bodies of the right to grant graduate degrees in American universities, and the methods of obtaining graduate degrees are also different. How to ensure that the right to confer university degrees is not affected by the government and its actions? This paper will explicit from the point view of legal basis.

An Analysis of Court Decisions Regarding Applications for Interfaith Marriage (Comparative Study of Decisions Number 131/Pdt.P/2021/PN Jkt.Sel and Number 122/Pdt.P/2020/PN.PTI)

The emergence of differences in views regarding whether or not interfaith marriages are permissible in Indonesia because it has not been clearly regulated in the Marriage Law has led several people to apply for interfaith marriages. The aim of this research is to find out the legal basis and considerations of judges in handing down decisions on interfaith marriages in the District Court and the implications of the judge's decisions on these marriages. This research is normative juridical research which is based on several laws and regulations regarding marriage. The results of this research explain that (1) Decision Number 131/Pdt.P/2021/PN Jkt.Sel is an application for permission to register interfaith marriages which was granted by the South Jakarta District Court, where the judge thought there was a lack of explanation of the law because in The law does not expressly prohibit interfaith marriages. The judge's consideration in deciding this case was because he understood Article 2 paragraph 1 of the Marriage Law Number 1 of 1974, which states that marriage is valid according to the laws of each religion and belief. Meanwhile, determination Number 122/Pdt.P/2020/PN.PTI is an application for a marriage permit which was rejected because this application was deemed to contain formal defects so it could not be accepted (niet on vankelijke verklaard). (2) The legal implication of the decree being granted is that there is no problem because legally it is permissible to carry out interfaith marriages. This includes the relationship between husband and wife and their children, which is regulated in law and has permanent legal force. Meanwhile, the implication of a rejected decision regarding the validity of the marriage is that it is invalid and all legal consequences arising from the marriage are not recognized.

In-depth and Comprehensive Analysis of Divorce Cases Due to Domestic Violence from a Family Law Perspective

Domestic violence is one of the reasons that can be used to file for divorce in family law in Indonesia. However, the process of proving violence often poses a huge obstacle and becomes a very serious problem for the party applying for divorce. In this article, we will analyze in depth, thoroughly and comprehensively a divorce case based on domestic violence from the perspective of family law in Indonesia. We will examine in detail, in detail and in great detail the evidence presented, the legal basis used, and the judge's considerations in deciding this case. Apart from that, we will also look at the impact of this decision on the development of family law in Indonesia in a very deep, thorough and comprehensive manner. In its considerations, the panel of judges stated that based on the evidence presented, it was legally and convincingly proven that the Defendant had committed physical and psychological violence which was categorized as "cruelty or serious abuse that endangers the wife" in accordance with Article 116 letter (g) of the Compilation of Islamic Law and violates the provisions of Law Number 23 of 2004 concerning the Elimination of Domestic Violence.

Re St Peter, Terwick

During the course of a judgment in which the court granted a faculty for the introduction of a memorial outside the Churchyard Regulations, the court made the following observation concerning the legal basis of such Regulations:

Between Legalities and Humanities in Refugee Policy: A Comparative Analysis of Indonesia and Hungary Exit Strategy Refugee Crisis

Abstract This study compares Indonesia's and Hungary's legal and humanitarian approaches to managing the 2015–2022 refugee crisis and proposes an exit strategy for Indonesia's refugee handling. Indonesia faces challenges due to the maximum detention duration stipulated in its Immigration Law No. 6/2011, which lacks further legal basis for prolonged detention. Employing a qualitative approach with comparative literature analysis, the study reveals Hungary's emphasis on legal solutions, leading to potential human rights violations but a decrease in asylum seekers, contrasting with Indonesia's humanitarian approach, resulting in positive impacts on refugees but a surge in asylum seekers. It concludes by recommending Indonesia to conduct comparative legal research with Hungarian asylum law to develop more effective refugee policies addressing legal and political concerns. This research enhances understanding of refugee management in Indonesia and Hungary, offering insights for nations grappling with similar crises.

Transactions Using the Cod (Cash on Delivery) Payment Method: Consumer Protection Legal Perspective

The widespread use of e-commerce services by the public shows that buying and selling activities that were previously carried out conventionally have become activities that can be accessed only via smartphones, laptops/computers with an internet network. However, it is not uncommon for consumers to object because goods purchased using the cash on delivery or COD payment method do not match the order when they arrive at the delivery destination. This illustrates that one side of the consumer is the party that is seriously disadvantaged. Meanwhile, business actors still make a profit from selling the goods they make. Based on the problems above, the problem formulation is how to legally protect consumers for losses that can be suffered in transactions via COD and what measures can be taken by consumers for losses suffered in transactions via COD. This research method uses normative legal research. The approach used is the statutory and regulatory analysis approach which is used to answer the problems that have been previously formulated. The analysis technique is carried out qualitatively by describing the issues and then organizing them systematically and connecting them with the legal materials that have been found. Cash on Delivery (COD) means pay on delivery is a payment method that is in great demand in e-commerce. As the name suggests, this payment method allows buyers to make payments in cash when the order arrives at the destination address. Trading by e-commerce actually has a legal basis for ordinary trade. Or in other words, e-commerce is conventional trade that is special because the role of media and electronic devices is very dominant. Transactions using the COD payment method were initially present to facilitate online buying and selling transactions. However, this mechanism also has the potential to cause significant losses for consumers. Enforcement of consumer rights is a necessity in order to ensure legal certainty to provide protection to consumers, including in transactions that use the COD payment method as regulated in Article 4 of the Consumer Protection Law. There are various reasons for goods being returned by consumers who have used COD payments such as products. damaged, non-functioning products, insufficient products, incomplete orders, inappropriate products, and counterfeit products. For disputes that arise due to the COD system, there is a method that has been determined by each marketplace to submit an objection or request a return of goods to the business actor by attaching proof that the goods received do not meet consumer expectations. Meanwhile, consumers who feel their rights have been violated can complain and process their case legally at the Consumer Dispute Settlement Agency (BPSK) or through court.

The actual issues of mandatory labeling of certain types of medical items

Mandatory labeling of medical items plays key role in establishing uniform standards and requirements for all market participants. This promotes increasing of protection of consumer rights, excluding possibility of buying unreliable or counterfeit products. The normative documents regulating labeling of medical items set important requirements to manufacturers, importers and retailers. The unique identifiers, information about origin and other data provided for inclusion in labeling ensure product identification and control of its quality. The article considers normative legal base regulating procedure of mandatory labeling of certain types of medical items from their production and putting into use up to moment of their sale and withdrawal from market turnover. Besides, mechanism of state regulation of procedure of labeling of medical items targeted to increasing of traceability of products, reducing spread of counterfeit goods, ensuring patient safety and improving quality of medical services in general is considered.

Peningkatan Sadar Hukum Siswa di Madrasah Aliyah Tholabuddin Masin mengenai Pengaruh Media Sosial terhadap Judi Online di Kalangan Pelajar melalui Sosialisasi Pencegahan Judi Online terhadap Pelajar

In the Legislation of the Republic of Indonesia, online gambling has been strictly regulated and prohibited. However, it is unfortunate that this does not affect public awareness regarding the prohibition of online gambling games. To create a generation that has an awareness of the dangers of online gambling, it is necessary to provide the right material and direction for the community. through legal awareness raising activities regarding the influence of social media on online gambling among students as a first step in preventing online gambling for students, especially for students at Madrasah Aliyah Tholabuddin Masin. In this activity, the authors used the method of presentation and discussion related to the prevention and handling of online gambling entitled Smart Generation: Stop Online Gambling. The specific target of this activity is that Madrasah Aliyah Tholabuddin Masin students can be well educated about the meaning, legal basis and efforts to prevent and overcome online gambling cases. The main purpose of holding this activity is expected to be able to apply the values that show the spirit of state defense to the next generation of the nation in becoming a superior generation in the future. The increase in understanding and knowledge of students can be seen from the post test results which show that students are able to understand the material that has been presented in this community service.

중국 초등 미술교육과 전통 민속문화 - 미술 교과서 내용 분석을 중심으로

This study examines educational contents of folk culture in elementary school art textbooks to increase understanding of China’s traditional folk culture education. China, as a multi-ethnic nation, has established a legal basis for the preservation and protection of traditional folk culture of ethnic groups and has implemented educational policies to promote these folk cultures. The following are the results of analysis of the illustrations included in the art textbooks for all grade levels. First, illustrations related to Chinese folk culture in the textbooks are 49 in total, making up 12% of the total textbook illustrations. Second, educational areas represented are relatively evenly divided between sculpting and molding, design application, and art appreciation and criticism. Third, folk culture of 17 ethnic groups from 14 different regions are introduced in the textbooks out of 56 ethnic groups recognized in China. Fourth, educational content related to folk culture consists of folk toys, handcrafted ornaments, embroidery, dyeing and weaving, paper crafts, folk architect, sculpture, shadow puppetry, lotus paintings, rubbing, traditional holidays and traditional clothing. However, the fact that more than 70% of the images are of folk toys and handcrafted items and that some illustrations were inserted merely to arouse curiosity are areas that would need to be worked on to better

과학기술분야 정부출연연구기관의 연구사업화에 관한 이해충돌 법적 검토

This study examines the commercialization of research conducted by government-funded science and technology research institutes (hereinafter referred to as 'science and technology research institutes') and the associated legal frameworks for preventing conflicts of interest. The aim is to analyze the perceptions within the research community and propose legal improvements. Science and technology research institutes are tasked with not only conducting scientific research but also promoting technology transfer and commercialization for the dissemination and utilization of research outcomes. However, this process may involve personal interests or commercial activities, which can lead to conflicts of interest. Notably, since the implementation of the Act on the Prevention of Conflict of Interest in 2022, issues related to technology transfer and commercialization have been raised, necessitating a thorough review. The perception survey conducted within the research community revealed differences in views on research commercialization between science and technology research institutes and other organizations, with the potential for conflict of interest concerns posing a more significant barrier in the former. Additionally, research-oriented companies and researcher-founded startups reported experiencing limitations in collaboration due to conflict of interest concerns. The proposed legal improvements include: first, the establishment of explicit provisions related to researcher entrepreneurship within the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes to provide a clear legal basis for proactive efforts; second, a reconsideration of the application of the Act on the Prevention of Conflict of Interest to science and technology research institutes, with the consideration of exceptions or exclusions reflecting the unique nature of research and development; and third, the suggestion to utilize existing laws, such as the National Research and Development Innovation Act, to establish autonomous conflict of interest management systems within these institutes. These measures aim to strike a balance between the public responsibilities of research institutions and the social utilization of research outcomes, ensuring that researchers can actively commercialize their research while fulfilling their ethical responsibilities.

EHealth: digital bridges in the healthcare system

Healthcare in Germany is divided into various service sectors, which differ in terms of outpatient and inpatient care as well as the legal and financial bases. The resulting breaks in consecutive patient care are to be overcome by integrating services into cross-sectoral processes (integrated care). Digitalization and the associated use of information and communication technology (ICT) play adecisive role in this. To derive implications and benefits it is necessary to classify the technical possibilities. For this purpose, eHealth is the basic generic term for all process support and direct patient applications that are based on the electronic exchange of data. Adistinction can be made between technology for process support and technology for direct application on the patient. Applications in all categories are suitable for ensuring that interfaces in the flow of information between those involved in healthcare processes are adequately managed by eHealth. Furthermore, the allocation of specialized medicine through eHealth is independent of location and sector. New possibilities for generating and using structured data for evidence development and care research are realized through eHealth and the development of existing and new care models will be promoted.