Legal Framework Research Articles

Regulatory Approaches to NFT in Indonesia: Considering the Implementation of the French Droit De Suite System?

The development of Non-Fungible Tokens (NFT) has significantly impacted global economic trade. However, in Indonesia, the regulation surrounding NFT remains insufficient, particularly concerning law enforcement and equitable royalty distribution for commercialized artistic works. This research adopts a normative juridical approach, employing statutory, comparative, and conceptual analysis methods. Findings indicate that NFT, as three-dimensional artistic creations, fall under the protection of the Copyright Act. While Indonesia has addressed NFT regulation in various laws and government regulations, detailed provisions regarding digital transactions involving three-dimensional artworks are lacking. Moreover, inadequate legal safeguards for NFT sales underscore the pressing need for legal reform. Therefore, the adoption of Droit De Suite through legal transplantation is proposed as a prudent strategy for legal modification, offering numerous normative and operational benefits. Droit De Suite is a principle born from the Berne Convention, where the requirement to apply Droit De Suite is that the state must give permission or legally recognize that the state has been regulated in its legislation. In addition, Droit De Suite is the right given to the artist or creator and his heirs to resell copyrighted works that have been produced previously, so that the creator's heirs are entitled to a share of the resale of a work. This approach holds promise for enhancing the legal framework surrounding NFTs and promoting fair treatment of artists and stakeholders in Indonesia's digital economy landscape.

Exposing Discrepancies in Indonesia's Legislative Processes

This study critically examines the application of Indonesia’s Law Number 12 of 2011, which governs legislative processes with principles aimed at ensuring clarity, justice, and accountability. Utilizing a normative research method, the analysis synthesizes relevant literature and legal documents to explore the practical implementation of these principles. The findings reveal significant discrepancies between the theoretical framework and its practical execution, suggesting that while the law establishes a robust basis for legislation, its effectiveness is hindered by gaps in application. This research underscores the need for policy refinement and offers actionable insights for enhancing the functionality and integrity of legal systems globally.
 Highlights:
 
 Theory vs. Practice Gap: Reveals discrepancies between legislative principles and their real-world application.
 Legal Framework Effectiveness: Discusses how implementation gaps impact legal integrity.
 Policy Improvement Suggestions: Provides recommendations for enhancing legislative processes.
 
 Keywords: Policy Implementation, Legal Integrity, Principles, Concepts, Legislation

THE CONSEQUENCES OF RECEIVING SOCIAL INSURANCE ONCE IN VIETNAM

Objective: Social insurance policies have played a crucial role as a cornerstone in the social security system, contributing positively to social stability and the realization of goals for a prosperous, strong, fair, democratic, and civilized society. The current legal framework on social insurance in Vietnam stipulates provisions to ensure the rights of workers in all cases, including regulations regarding one-time social insurance cases. Although the significance of receiving one-time social insurance aligns with the legal provisions for each case, the lack of understanding among workers regarding the significance of social insurance policies or their deliberate acceptance of one-time social insurance can have unpredictable consequences for society, the social insurance system, and the workers themselves... The study builds on the situation of receiving social insurance in Vietnam and makes a case study of consequences for once workers receive social insurance suggesting solutions to mitigate the situation.   Method: The study is based on a method to collect secondary data on the status of social insurance once received in Vietnam through data channels. This data is presented and analyzed by the descriptive statistical method (mainly in the form of tables and charts) that will see the situation for receiving social insurance once in Vietnam over time. In order to conduct the research, the method applied in this article is a qualitative method including: The systematic approach to the research materials, legal regulations related to the research; The integrated analysis method is used to analyze and synthesize the situation of receiving social insurance once in Vietnam; The objective methodology is used by the author to argue, the views of the individual, along with the combination of perspectives of other studies of nature to make a broad consensus about a particular problem.   Results: The results of the study show that although social insurance policies were established to protect workers from income risk, they can lead a stable future life. Rules on one-off social insurance regimes can help resolve many special cases of workers. However, research shows that the number of people who choose to receive social insurance in Vietnam in the period of 2014-2023 has increased greatly. The increase of the number of people who receive social insurance once means the increase in the number of people leaving the system, making it difficult to achieve the goal of universal social insurance coverage in the spirit of resolution No. 28-NQ/TW of the XII Central Committee. Actual data suggest that on average 1 new person is entering social insurance, there is 1 old person leaving the system. The number of people withdrawn the following year was always higher than the previous year with an average annual increase of about 10%. The proportion of workers that have returned from social insurance benefits to continue their low participation in social insurance. In the period of 2016-2022, the country had more than 4.8 million workers requesting and resolving social insurance once. After receiving social insurance coverage once, approximately 1.3 million people returned to continue the social insurance penetration. Thus, the proportion of workers who have been remarried to social insurance benefits is 26%, and the remaining 74% of those who have received social insurance benefits once, corresponding to about 3.5 million who do not return to social insurance contributions, meaning that they are not guaranteed short-term benefits in the process of continuing labor such as sickness, maternity, occupational accidents, unemployment and long-term retirement.   Conclusion: Receiving one-time social insurance benefits of workers will have some consequences for the social insurance system, for Society and Workers in the current context of Vietnam population aging trends lead to the number of people who do not have a monthly pension in Vietnam accounting for a large proportion of approximately 10 million people, this shows that the lack of sustainability of the Social Security system in general creates pressure for the community and the workers themselves will not be protected from the immediate benefits and long-term social insurance system.

A JURIDICAL REVIEW OF INFORMED CONSENT BASED ON LAW NUMBER 17 OF 2023 CONCERNING HEALTH AS A REPLACEMENT FOR LAW NUMBER 36 OF 2009

In contemporary times, with the increasing legal awareness among the general public, the aspect of legal protection has become a focal point in the healthcare legal framework in Indonesia. The Law Number 17 of 2023 concerning Health, replacing Law Number 36 of 2009, illustrates significant changes in the healthcare legal structure in Indonesia. One of the primaries focuses in the implementation of this law is informed consent, which serves as a legal protection tool for patients. Therefore, this study aims to explore the regulation of informed consent in Law Number 17 of 2023 and its implementation among healthcare professionals or facilities. This research employs a normative juridical analysis method by examining the document of the Republic of Indonesia Law Number 17 of 2023 concerning Health, which replaces Law Number 36 of 2009 concerning Health. Legal reviews are conducted by referring to various legal sources and expert opinions. The research findings indicate that Law Number 17 of 2023 establishes a stronger foundation compared to the previous law for the implementation of informed consent. Informed consent is emphasized as both a medical duty and a patient's right, with an emphasis on providing comprehensive information. These changes reflect responses to the unequal access to healthcare services and the need to strengthen the national healthcare system, particularly in the context of emergencies, extraordinary events, or outbreaks. The study notes that there is still a need for adaptation and thorough understanding from healthcare professionals and facilities to maintain a balance between patient rights and the public health interest. Further issues to be addressed include aspects of informed consent that are not elaborated in detail in this new law, such as medical expansion procedures and decisions regarding life-sustaining treatment cessation or postponement. Keywords: Healthcare Law; Informed Consent; Legal protection.

The legal framework of the European Union in the field of combating environmental crimes

The article focuses on the activities of the European Union regarding the development of an effective legal framework for combating environmental crimes considering modern realities. It is noted that the existing norms on combating environmental crime in the EU are based on the provisions of the Treaty on the Functioning of the EU which sets the competence of the EU to define criminal offenses and sanctions in the spheres of EU policy to which harmonization measures apply (Article 83(2)). Attention is paid to the provisions of the following directives: Directive of the European Parliament and of the Council on the protection of the environment through criminal law and replacing Directive 2008/99/EC, which supplemented the list of illegal acts with new categories of crimes, established a deterrent level of sanctions, which ensures a more consistent application of conditions for enterprises in the EU; Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, which sets rules based on the «polluter pays» principle and related directives 2000/60/EC, 2008/56/EC, 2009/147/EC and 92/43/EEC. It is noted that the EU constantly works on improving the provisions of the acts adopted by it in the specified area, as evidenced by the directives, on the basis of which changes and amendments were made to the above-mentioned directives, regarding safety issues, waste management, simplification of reporting obligations in the field of environmental legislation (Directives 2006/21/EC, 2009/31/EC, 2013/30/EC, Regulation (EC) 2019/101).
 Attention is focused on acts related to the protection of certain objects, including: 1) acts aimed at combating pollution from ships: Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties, including criminal penalties, for pollution offence (as amended), Council Framework Decision 2005/667/JHA of 12 July 2005 to strengthen the criminal-law framework for the enforcement of the law against ship-source pollution; 2) acts on combating trade in wild animals: Regulation (EC) No 338/97 (as amended), Commission regulation (EC) No 865/2006 (as amended), Commission Implementing Regulation (EU) No 792/2012 97 (as amended), Revision of the EU action plan against wildlife trafficking of 2022.
 It is noted that EU legislation is based on international universal acts adopted within the UN in the relevant field (International Convention for the Prevention of Pollution from Ships (MARPOL) of 1973, United Nations Convention on the Law of the Sea (UNCLOS) of 1982, Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) of 1975), which simplifies law enforcement and the introduction of measures to combat environmental crime.
 The importance of strategic acts adopted by the EU, including the Agenda and Action Plan on Drugs 2021–2025 and the Biodiversity strategy for 2030 is emphasized. Relevant conclusions have been drawn. 

[Nationally standardized broad consent in practice: initial experiences, current developments, and critical assessment].

The digitalization in the healthcare sector promises asecondary use of patient data in the sense of alearning healthcare system. For this, the Medical Informatics Initiative's (MII) Consent Working Group has created an ethical and legal basis with standardized consent documents. This paper describes the systematically monitored introduction of these documents at the MII sites. The monitoring of the introduction included regular online surveys, an in-depth analysis of the introduction processes at selected sites, and an assessment of the documents in use. In addition, inquiries and feedback from alarge number of stakeholders were evaluated. The online surveys showed that 27of the 32sites have gradually introduced the consent documents productively, with acurrent total of 173,289 consents. The analysis of the implementation procedures revealed heterogeneous organizational conditions at the sites. The requirements of various stakeholders were met by developing and providing supplementary versions of the consent documents and additional information materials. The introduction of the MII consent documents at the university hospitals creates auniform legal basis for the secondary use of patient data. However, the comprehensive implementation within the sites remains challenging. Therefore, minimum requirements for patient information and supplementary recommendations for best practice must be developed. The further development of the national legal framework for research will not render the participation and transparency mechanisms developed here obsolete.

The right to health care in the system of social human rights

In the current academic literature, the right to health is considered in the context of a wide range of disciplines, including medical law, international law and social sciences. An important step in the formation of the legal framework for the right to health was the adoption of the WHO Constitution in 1946, which proclaimed that «the enjoyment of the highest attainable standard of health is a fundamental right of every human being». This declaration became the basis for the further development of international health standards, including the 1966 International Covenant on Economic, Social and Cultural Rights, which in Article 12 recognises the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.
 Research and scholarship on the right to health covers various aspects of this issue, including analyses of national health systems, examination of international standards and their impact on national legislation, and development of recommendations to ensure equal access to health services. Despite the significant achievements in the development of international norms and standards, there are challenges related to their implementation at the national level, including the need to adapt national legislative and institutional frameworks to international obligations.
 Ukraine, like many other countries, is striving to meet international standards in the field of the right to health, while facing a number of challenges that require a comprehensive approach to reforming the national healthcare system. Scientific research plays an important role in this process, helping to identify gaps in legislation and practice, as well as to develop sound recommendations for their elimination.
 Given these aspects, this article aims not only to analyse the theoretical foundations of the right to healthcare, but also to highlight the practical steps and challenges that Ukraine faces on the way to its full implementation.

Legal bases of the information policy regarding the protection of the rights of air passengers

The article is devoted to the justification of the need to unify the national legislation of Ukraine with the acts of the European Union in the field of human rights, in particular, the rights of air passengers. The article summarizes the analysis of the effectiveness of existing legal acts and mechanisms aimed at ensuring a high level of protection of the rights and safety of air passengers in specific situations. It is claimed that Ukraine undertakes to bring national legislation in the field of air passenger rights protection into full compliance with EU acts, despite the biggest challenge on the way to building democracy in Ukraine - the full-scale invasion of the Russian Federation and the closure of Ukrainian airspace for today. The development of legal mechanisms to protect the rights of air passengers is determined not only by the desire to ensure their safety during travel, but also contributes to the development of the aviation industry in general. The need to pay attention to the protection of the rights of air passengers in the process of implementation of EU acts is emphasized, since human rights standards require proper study and implementation for the effective use of common air space, restoration of air navigation infrastructure. The main attention is focused on the peculiarities of the harmonization of national and European standards, which requires significant efforts and a large number of measures on the part of the state, in particular, the proper implementation of EU acts regarding the rights of air passengers and the protection of consumer rights. Next steps regarding further obligations of Ukraine were also analyzed. Increasing attention to the protection of the rights of air passengers is of practical importance for increasing the effectiveness of cooperation between Ukraine and the EU in the field of human rights and creating a modern legal framework for aviation regulations regarding the rights of air passengers in the country. Tasks that need to be completed for the successful integration of Ukraine into the common aviation space of the EU are highlighted. The experience of law enforcement for the protection of the rights of EU air passengers will contribute to the restoration of our state’s capabilities for the safety of civil aviation flights. Conducting research in this direction is a relevant and necessary scientific search.

Deceased Donor Liver Transplantation in India: First Report of 5-Y Outcomes.

Paucity of deceased donor livers has resulted in a 10-fold rise in living donor liver transplantations (LDLTs) performed in India over the past decade. Nonetheless, number of deceased donor liver transplantation (DDLT) performed has improved with the establishment of simplified legal framework for certification of brain death and organ donation. In this study, we present our outcomes of DDLT performed at various centers, comparing their outcomes and provide a snapshot of the increasing number of DDLT across the state over the years. All consecutive patients who underwent liver transplants from January 2010 till December 2019 by our transplant team in the state of Tamil Nadu, India, were included in the study. The program was established initially at the primary hospital in the year 2010 and with the evolution of the initial experience, transplant programs were expanded to the others hospital from the year 2015. Preoperative clinical data, intraoperative characteristics, and posttransplant outcomes of DDLT were analyzed from our prospective database. A total of 362 DDLTs (331 adults, 31 children) were performed at 11 centers. Median (range) model for end-stage liver disease score was 16 (6-39). Forty-eight split, 11 combined liver kidney, and 4 auxiliary DDLTs were performed. One-, 3-, and 5-y survival was 87.2%, 80.4%, and 76.6% in adults and 80.6%, 80.6%, and 80.6% in children, respectively. In a country where over 80% of the LTs are performed as LDLT, we provide the first report of a heartening trend of increasing number of DDLT programs being established with excellent 5-y outcomes.

A Conceptual Approach on Disaster Response Management and The Legality of Disaster Response: A Case Study of February 6 Kahramanmaras Earthquakes in Türkiye and Presidential Decrees Under the State of Emergency

This article aims to critically analyze the legal and democratic framework of disaster response within the context of the Republic of Türkiye Presidential Decrees (PDs) issued during the state of emergency (SOE) declared following the earthquakes in Kahramanmaras on February 6th. This research analyzed the PDs issued during the SOE in ten provinces using content analysis techniques The published PDs’ have been analyzed by dividing them into three groups: operational, organizational, and psychological response, and thus a conceptual approach to disaster response management has been put forward. It is concluded that actively pursuing legal remedies during disaster response enhances the effectiveness of interventions and provides a valid, democratic, and legal basis for processes, thereby optimizing disaster response and crisis management. As such, the article pointed out that the proactive policy in disaster intervention strategy during the Kahramanmaras Earthquakes offered valuable lessons for handling future disasters.

French national survey on breast cancer care: caregiver and patient views.

To improve the quality of care for patients with breast cancer, an analysis of the health-care pathway, considering feedback from both health-care practitioners (HCPs) and patients, is needed. Between 2020 and 2022, we conducted a survey at French breast cancer centers and analyzed information from questionnaires completed by HCPs and patients. We collected information on center organization, diagnostic processes, treatment decisions and modalities, supportive care, patient advocacy groups, and work issues. Twenty-three breast cancer centers were included and questionnaires completed by 247 HCPs and 249 patients were analyzed. The centers closely followed the legal French framework for cancer treatments, which includes formal diagnostic announcements, multidisciplinary tumor boards, personalized treatment summaries, and supportive care access. HCPs and patients were satisfied with the time to diagnosis (≤ 2weeks as evaluated by 75% of patients), time to surgery (mean 61days), time between surgery and chemotherapy (mean 47days), and time between surgery and radiotherapy (mean 81days). Fertility preservation counseling for women under 40years of age was systematically offered by 67% of the HCPs. The majority (67%) of the patients indicated that they had received a personalized treatment summary; the topics discussed included treatments (92%), tumor characteristics (84%), care pathways (79%), supportive care (52%), and breast reconstruction (33%). Among HCPs, 44% stated that reconstructive surgery was offered to all eligible patients and 57% and 45% indicated coordination between centers and primary care physicians for adverse effects management and access to supportive care should be improved, for chemotherapy and radiotherapy, respectively. Regarding patient advocacy groups, 34% of HCPs did not know whether patients had contact and only 23% of patients declared that they had such contact. For one-third of working patients, work issues were not discussed. Twenty-eight percent of patients claimed that they had faced difficulties for supportive care access. Among HCPs, 13% stated that a formal personalized survivorship treatment program was administered to almost all patients and 37% almost never introduced the program to their patients. Compliance to oral treatments was considered very good for 75-100% of patients by 62% of HCPs. This study provides an updated analysis of breast cancer care pathways in France. Overall, the initial processes of diagnosis, announcement, and treatment were swift and were in agreement with the best care standards. No barriers to accessing care were identified. Based on the study findings, we proposed several strategies to improve the quality of care for patients in supportive care, coordination with primary care physicians, reconstructive surgery, and fertility preservation access.

Legal Analysis of Rising Divorce Cases: Impact of COVID-19 in Bandar Lampung, Indonesia

Objective: This study aim to analyse  the legal implications of increase in the divorce rate as a result of the Covid-19 pandemic at the Tanjungkarang Religious Court in Bandar Lampung, Indonesia. Additionally, the study seeks to identify the underlying factors that contributed to the occurrence of divorce at the Tanjungkarang Religious Court during the pandemic.   Theoretical framework: Literature in this study was based on the phenomena that several regions in Indonesia have experienced an increase in the divorce rate as a result of the Covid-19 pandemic; the Tanjungkarang Religious Court in Bandar Lampung, Indonesia, is one example. From January to June 2020, the Tanjungkarang Religious Court in Bandar Lampung, Indonesia, documented 699 divorces amid the COVID-19 pandemic.   Method: This study employs a qualitative methodology and conducts field research. In the interim, both primary and secondary data, acquired through field observation, documentation, and direct interviews, are included in the collected information. In order to facilitate the process of verifying the data, the researcher employed the triangulation method to ascertain its validity.   Results and Conclusion: this study found that During the Covid-19 pandemic, the Tanjungkarang Bandar Lampung-Indonesia Religious Court witnessed a surge in divorce petitions. June brings the highest volume of divorce cases. Divorce filings experienced a surge during the months of April, May, and June, as well as throughout the shutdown period. Second, divorce cases during the Covid-19 pandemic were precipitated by a variety of factors, with economic factors ranking highest. According to report data from the Tanjungkarang Religious Court, the factors of physical disability, imprisonment sentence, and coerced marriage account for the smallest number of divorce cases.   Implications of the research: In order to promote resilience and well-being among families amidst the uncertainties of the current pandemic, it is possible for policymakers, legal practitioners, and community stakeholders to acknowledge the difficulties presented by the disease and devise focused interventions to assist individuals navigating the process of marital dissolution.   Originality/value: Studying how COVID-19 has affected divorce rates in particular areas, such as Bandar Lampung, Indonesia, could shed light on the ways in which the pandemic has impacted socioeconomic variables, legal frameworks, and family dynamics there. Policymakers, attorneys, and social service providers can be more informed about the difficulties that families may encounter in times of crisis by having a better understanding of these effects. This knowledge can also help to shape the creation of support networks and laws that deal with these problems. Such studies can also add to the body of knowledge in academia regarding how significant crises affect legal systems and family structures.

A Global Phenomenon and Chinas Emerging Role

This article offers a comprehensive examination of the present and future states of impact investing in China, an emerging domain where financial capital is strategically utilized to address societal and environmental challenges. The study commences with a historical review, outlining the global rise of impact investing and its transition within the Chinese economic framework. It meticulously differentiates between impact investing, Environmental, Social, and Governance (ESG) investing, and venture philanthropy, thereby elucidating their distinct roles and objectives. The paper then delves into the unique characteristics of the Chinese context, focusing on the early stages of the impact investing market, the cultural and legal challenges encountered, and the distinctive roles of family offices and high-net-worth individuals. It emphasizes the increasingly significant role of family offices in the Chinese impact investing arena. Additionally, the article critically assesses the current frameworks and methodologies for evaluating impact investments, discussing their limitations and the complexities involved in quantifying social and environmental impacts. Through policy recommendations, the study advocates for the strengthening of regulatory frameworks, the enhancement of standardization, and the promotion of educational initiatives to cultivate a more robust impact investing ecosystem in China. The paper concludes by recognizing the untapped potential of impact investing in China, suggesting that advancements in legal frameworks, market transparency, and public awareness could significantly propel the sector forward. This research contributes to a deeper understanding of impact investing in China, offering insights and guidelines for policymakers, investors, and scholars interested in the intersection of finance and social good.

An Analysis of the Obligations of COMESA Public Procurement Regulations: The Case of Zimbabwe’s Public Procurement Regulatory Framework

With the coming into force of the new Constitution in 2013, public procurement was given a constitutional status in Zimbabwe. The Constitution sets out vital principles that public procurement legislation must comply with. Moreover, it is a requirement of the Constitution that the governance of Zimbabwe must be pursued in accordance with Zimbabwe’s international law obligations. Zimbabwe is a founding member of the Common Market for Eastern and Southern Africa (COMESA). To accelerate interstate trade, COMESA promulgated Public Procurement Regulations (PPR) for regional competitive bidding across member states. The viability of the regional trade agreements is hinged on mutual cooperation. Pursuant to the foregoing, member states are required to domesticate international agreements into their municipal laws. In 2017, the Zimbabwean legislature passed the Public Procurement and Disposal of Public Assets Act 5 to give effect to the provisions of section 315(1) of the Constitution (Amendment No. 20), 2013. The public procurement reform agenda in Zimbabwe occurred close to a decade after the adoption of the public procurement regulations by COMESA in 2009. This article explores the obligations imposed on Zimbabwe pursuant to the public procurement regulations. This is done by identifying the public procurement principles enumerated in public procurement regulations, which are binding on member states. This article endeavours to answer the question: To what extent does the Zimbabwean legal framework conform to public procurement regulations? This article notes that the legal framework underlying public procurement in Zimbabwe, by and large, conforms to the bar set in the public procurement regulations. Nonetheless, it highlights Zimbabwe’s public procurement shortcomings. The article concludes by making possible legislative recommendations.

Legal Regulation Risks and Insights Related to Cross-Border Flow of Data

The primary objective of this research is to ensure the secure and compliant transmission of personal information from China. To this end, the Chinese government has implemented the "Standard Contract Measures for the Export of Personal Information." This study employs both literature review and factor analysis methods to meticulously examine the potential risks in the practical implementation of these measures, and further suggests strategies to address the current challenges. Additionally, the study introduces foreign systems for reference, aiming to guide Chinese enterprises in circumventing legal risks associated with cross-border data flows and ensuring the security and compliance of personal information departing from the country. The findings of this research reveal that the existing legal framework for cross-border data flows in China has certain shortcomings, providing valuable insights for the improvement of China's legal framework and related regulatory systems. Furthermore, it offers practical cautionary value for Chinese enterprises in their operations.

The Essence of Restorative Justice in the Development of Indonesian Law

Objective: This study aims to explore the essence of Restorative Justice within the framework of Indonesian legal development. It seeks to understand how Restorative Justice principles are integrated into the Indonesian legal system, assess their impact on law enforcement and justice outcomes, and provide policy recommendations for enhancing their implementation.   Theoretical Framework: The theoretical framework of this research is rooted in Restorative Justice principles, emphasizing the repair of harmed relationships and the involvement of all stakeholders in conflict resolution. By adopting a normative legal approach and utilizing a case law methodology, this study analyzes the compatibility of Restorative Justice principles with Indonesian legal norms and evaluates their application in resolving legal cases.   Methodology: This research delves into Restorative Justice within Indonesian law by analyzing judicial decisions, legislative reforms, and historical precedents. It employs normative legal analysis, utilizing Restorative Justice principles to examine applicable norms and their implementation in resolving legal cases. Through a case law approach, the study aims to uncover the essence of Restorative Justice in Indonesian legal development. By scrutinizing judicial decisions, legislative reforms, and historical precedents, it seeks to demonstrate how Restorative Justice principles can be effectively integrated into the Indonesian legal system and assess their impact on law enforcement and justice outcomes. The research aims to contribute to a deeper understanding of Restorative Justice and provide evidence-based policy recommendations to enhance its implementation, considering both normative aspects and empirical observations from the field.   Results and Conclussion: Restorative Justice as an approach can realize legal compliance, justice and legal expediency simultaneously, therefore it is important for Indonesia to establish a special law regulating Restorative Justice. This will provide a solid and clear legal framework for the application of this concept in the justice system. With a specific law, there will be more detailed guidance on how Restorative Justice can be implemented effectively and equitably across law enforcement agencies In addition, this law can also strengthen Indonesia's commitment to making Restorative Justice a mainstream approach in law enforcement, creating a justice system that is not only fair, but also equitable for all parties involved in the process. Thus, by regulating Restorative Justice through a separate law, Indonesia affirms its position as a leader in building a justice system based on human values and universal justice.

Legal Frameworks Upholding Deceased Individuals’ Rights and Enabling the Use of Cadavers in Anatomy Education and Research: A Systematic Review

Legal Frameworks Upholding Deceased Individuals’ Rights and Enabling the Use of Cadavers in Anatomy Education and Research: A Systematic Review

Carbon Credits and Offsetting: Navigating Legal Frameworks, Innovative Solutions, and Controversies

Carbon Credits and Offsetting: Navigating Legal Frameworks, Innovative Solutions, and Controversies

Climate Guardians: Navigating the Future in the 2021 German Climate Verdict and Constitutional Landscape

In the realm of intergenerational justice, green constitutionalism underscores the necessity for present generations to make choices that do not jeopardize the capacity of future generations to fulfill their needs independently. The climate verdict defending the rights of future generations by the German Federal Constitutional Court (Bundesverfassungsgericht) of March 2021 was a game changer in that regard. For the first time in Germany’s climate litigation, the fundamental rights of future generations were subject to constitutional claim and enforceable. They were no longer just a normative claim. Constitutional courts can be seen as defenders of the fundamental rights of future generations where constitutions include such normative perspectives. While the Court upheld the infringement of the fundamental rights of the adolescent plaintiffs in the future, the representation of not-yet-born generations remains unclear. This article examines how the 2021 German climate verdict and constitutional provisions address the representation and protection of the interests of future generations represented by the plaintiffs concerning climate change on the one hand and discusses the potential of protecting the fundamental rights of not-yet-born future generations. The article considers the implications for intergenerational justice and explores how these legal frameworks provided by the Constitution may contribute to the formulation of sustainable policies aimed at ensuring the long-term well-being of future generations. There is an urgent need to develop an institutional regime where the needs and rights of future generations are being considered and included in decision-making processes.

The African Court’s Jurisdiction over the Crime of Unconstitutional Change of Government and the African Union’s Sanctions Regime: A Comparative Analysis

This paper provides a comparative assessment of the criminalisation of unconstitutional change of government before the proposed African Court of Justice and Human Rights (African Court), and the African Union’s sanctions regime, which is part of its legal and policy framework to respond to unconstitutional change of government. Using Niger and Gabon as case studies, the paper examines the efficacy of the African Union (and the Economic Community of West African States, in the case of Niger) sanctions regime in response to the recent military coups in these selected countries. It is argued that the African Union’s policy and legal framework in response to unconstitutional change of government and the sanctions regime have not been effective in countering the scourge of unconstitutional change of government on the African continent. The paper then examines the potential of Article 28E of the Malabo Protocol, which criminalises unconstitutional change of government, to effectively address the problem of recurring unconstitutional change of government in Africa. It concludes that this Article has the potential to effectively address the problem of unconstitutional change of government when the African Court becomes operational.