Legal Reform Research Articles

Legal Transformation for the Achievement of SDGs: Integration of Multidisciplinary Approaches towards 2030

This research aims to investigate and analyze the transformation of law in an effort to achieve Sustainable Development Goals (SDGs) through the integration of a multidisciplinary approach. Along with dynamic global changes, the challenges in achieving the SDGs require innovative and adaptive legal strategies. This dissertation focuses on two main problem formulations: first, how the integration of multidisciplinary approaches in legal reform can support the achievement of SDGs; second, how the evaluation and monitoring of legal policies implemented can ensure the achievement of SDGs targets. Through literature review and case analysis, this research reveals that incorporating various disciplines-such as economics, sociology, environmental science, and politics-in the legal policy-making process is key to creating comprehensive and responsive regulations. A multidisciplinary approach not only broadens perspectives in the legal field, but also ensures that the resulting policies are able to address the complexity of sustainable development issues. The research further proposes that an effective evaluation and monitoring system is an essential element to ensure legal policies can be optimally implemented and contribute to the achievement of the SDGs. Suggested measures include the development of relevant performance indicators, stakeholder engagement, and the use of information technology to increase transparency and accountability. With this approach, it is expected that legal reform can adapt to changing conditions and make a positive contribution to the achievement of sustainable development goals, creating a more inclusive and sustainable future for all. This research makes important theoretical and practical contributions to the development of legal policies that are in line with the global agenda for sustainable development.

Kesaksian Orang Bisu dalam Perspektif Hukum Indonesia dan Fikih: Tantangan, Peluang, dan Implikasi Terhadap Keadilan

This article examines the testimony of mute individuals from the perspectives of Indonesian positive law and the comparative fiqh of the four major Islamic schools of thought (Hanafi, Maliki, Shafi’i, and Hanbali). The study aims to understand the challenges and opportunities in recognizing the testimony of mute individuals in court and its implications for justice. The research employs a normative approach with doctrinal analysis. The findings indicate that Indonesian positive law provides room for the testimony of mute individuals, but there are still obstacles in its implementation, such as the lack of adequate accommodations and qualified interpreters. On the other hand, Islamic fiqh presents varied views on mute testimony, with the Maliki school being more inclusive than others. The article also discusses opportunities for legal reform to create a more inclusive and just judicial system for persons with disabilities. In conclusion, the testimony of mute individuals requires special attention within the legal system to ensure that the principles of justice and equality are upheld.

THE UNSEEN GUARDIANS OF LAND: INDIGENOUS COMMUNITIES, ENVIRONMENTAL LAW AND THE PATHWAY TO SUSTAINABLE COEXISTENCE

Indigenous communities have since long been stewards of the land, possessing a deep understanding of their local ecosystems and practicing sustainable ways of resource management. However, their role as unseen guardians of the environment is often overlooked by mainstream society. This article delves into the crucial role of indigenous communities in environmental stewardship and explores how integrating indigenous knowledge with contemporary environmental law can pave the way for sustainable coexistence between humans and nature. Key legal instruments, such as the International Labour Organization (ILO) Convention No. 169 and the United Nations Declaration on the Rights of Indigenous people (UNDRIP), recognize Indigenous rights, yet inconsistent implementation continues to pose challenges. This paper examines the global significance of Indigenous-managed lands, which cover 22% of the Earth’s surface, and how international agreements, like the Paris Climate Accord, acknowledge their contribution to environmental preservation. National legal frameworks, such as India’s Forest Rights Act (FRA), 2006, and the Panchayats (Extension to Scheduled Areas) Act (PESA), 1996, highlight both opportunities and obstacles for Indigenous communities in protecting their lands. Case studies from Yellowstone National Park (USA), the Amazon Rainforest (Brazil), and the Great Bear Rainforest (Canada) are explored to demonstrate the successes and ongoing struggles in collaborative conservation initiatives. The paper argues that environmental laws must respect Indigenous sovereignty, safeguard their traditional lands, and incorporate Indigenous knowledge systems. By emphasizing the importance of legal reforms and environmental justice, this research advocates for inclusive decision-making processes that ensure Indigenous communities can actively participate in sustainable coexistence efforts. Overall, the paper concludes that empowering Indigenous communities through stronger legal protections and collaborative conservation strategies is crucial for both environmental sustainability and cultural preservation.

LEGAL ANALYSIS OF EU ARTIFICIAL INTELLIGENCE ACT (2024): INSIGHTS FROM PERSONAL DATA GOVERNANCE AND HEALTH POLICY

Background: This study correlates the up-to-date ethical, functional and legal evaluations related to the management and governance of artificial intelligence (AI) under European Union (EU) law, particularly impacting the health data sector and medical standards as provided by the Artificial Intelligence Act within the Regulation adopted by the European Council in May 2024. The initial proposal for the management and governance of the AI sector was submitted in April 2021. Three years later, on 13 March 2024, the European Union Artificial Intelligence Act (EU AIA) was adopted by the European Parliament. Subsequently, on 21 May 2024, the Council adopted an innovative legislative framework that harmonises the standards and rules for AI regulation. This framework is set to take effect in May 2026, with the central objective of stimulating and motivating a fair, safe, legal single market that respects the principles of ethics and the fundamental rights of the human person. Methods: The current legal analysis focuses on the European Union’s new institutional governance involving a multistage approach to managing health data, ethical artificial intelligence, generative artificial intelligence and classification of types of AI by considering the degree of risk (e.g. artificial intelligence systems with limited risk and systems with high risk) and medical devices. It outlines the legal framework for AI regulation and governance in the EU by focusing on compliance with the previously adopted legislation in the Medical Devices Regulation (2017) and the In-Vitro Diagnostic Regulation (2017). The paper also examines the application of the newly adopted EU Artificial Intelligence Act in relation to national justice systems, previous EU regulations on medical devices and personal data protection regulation, and its correlation with the European Court of Human Rights jurisprudence. This opens up complex discussions related to judicial reform and access to justice. For this purpose, as a research objective, the legal analysis includes an innovative perspective following an integrative discussion on the latest legal reforms and regulations of the AI sector in Eastern Europe launched in 2024 with a special focus on the latest developments in the EU Candidate Countries namely Ukraine and the Republic of Moldova. Results and conclusions: The present research facilitates the exploration of the real benefits of managing innovative AI systems for medical data, research, and development, as well as within the medical technology industry.

CONSENSUAL TERMS MODIFYING CONTRACTUAL LIABILITY IN THE LIGHT OF UAE LAW: A COMPARATIVE STUDY WITH FRENCH LAW

Background: In the context of UAE law, this study explores the legitimacy and application of terms that modify contractual liability, drawing a comparative analysis with French law. Contractual terms are essential in shaping agreements, reflecting the parties' expectations and strategies for managing future risks. Since the 19th century, these terms have evolved significantly due to industrial growth and an increase in civil liability disputes. They are designed to limit or exclude a party's liability in the event of a contract breach, offering a mechanism for risk management and economic cost estimation. The paper differentiates between terms that directly address liability and those pertaining to the initiation of liability lawsuits. It examines various clauses, including guarantee clauses, terms that reduce liability, and penal clauses that establish fixed compensation amounts to incentivise contract performance. Additionally, contemporary legal frameworks, including both French and UAE laws, increasingly impose restrictions on contractual freedom to protect vulnerable parties, such as consumers and employees, by prohibiting certain terms and granting judges the authority to invalidate unfair clauses. The study analyses UAE legal texts in comparison with French jurisprudence to clarify the UAE legislator's perspective on the legitimacy of terms. Methods: This study aims to conduct a comparative analysis of Emirati and French laws on modifying contractual liability by analysing primary and secondary sources such as legal texts, judicial decisions, and commentaries. It examines legislative approaches and judicial interpretations, aiming to identify similarities, differences, and areas for UAE legal reform. Inductive reasoning is used to derive broader principles, assessing the effectiveness and fairness of both legal frameworks and considering key differences and guiding principles. Results and conclusions: To define the parties' rights and responsibilities, the parties must agree upon clear and explicit terms that define the damage scope, compensation limits, and exceptions to the contract. Even though these terms are common and regulated, the courts play a significant role in interpreting them, posing legal challenges when unclear. In the UAE, the Civil Transactions Law permits such terms under contractual freedom but lacks clarity on their legality, leaving judicial discretion under Article 206. Other UAE laws explicitly invalidate these terms, aligning with international standards. Post-2016, French law also invalidates terms that remove essential obligations. It is recommended that the UAE legislator clarify its stance on these terms within civil transactions, aligning with other UAE laws, to clearly specify what conditions are acceptable.

Evaluating the Effectiveness of South Africa’s Prevention of Domestic Violence Act in Reducing Gender-Based Violence in Cape Town

This study evaluates the effectiveness of South Africa’s Prevention of Domestic Violence Act (PDVA) in reducing gender-based violence in Cape Town. The research examines the key provisions and objectives of the PDVA, its impact on reported cases of domestic violence, and the roles of law enforcement and community organizations in its implementation. Despite increased reporting and awareness following the Act’s introduction, significant challenges remain, including resource limitations, training gaps, and societal attitudes that hinder effective enforcement. The study identifies gaps in public awareness and societal support as critical barriers to the PDVA’s success, suggesting that legal reform alone is insufficient without broader social and institutional changes. Recommendations are made to enhance law enforcement capacity, improve community support mechanisms, and strengthen public education initiatives to achieve a more comprehensive and effective response to domestic violence.

A Critical Analysis of Medical Crimes: From the Perspective of the Penal Code of Afghanistan

Aim: This study explores the phenomenon of medical crimes within the context of the penal code of Afghanistan, focusing on how legal frameworks address illegal activities in the healthcare sector. Medical crimes, such as revealing medical secrets, using expired medicine, refusing to offer treatment by medical personnel, negligence, carelessness, non-observance of medical regulations by medical personnel, and patient rights violations. These medical crimes pose significant risks to public health and patient safety and are punishable under the Penal Code. The Afghan penal code discusses these crimes in detail, specifically from Article 886 to Article 892. The importance of this study lies in removing ambiguities in the recognition of medical crimes and clarifying the position of the Afghan penal code regarding their classification and punishment. Methods: By examining legislative texts, judicial practices, and real-world case studies, the research highlights gaps and challenges in the current criminal justice system. This work employs the doctrinal research methodology along with descriptive, explanatory, and analytical research approaches. It is worth mentioning that this research study is entirely based on library sources. Most of the sources are textbooks, scholarly published and unpublished journal articles, law reports, and online websites related to the research area. Results: The findings underscore the need for enhanced legal reforms, improved judicial capacity, and greater accountability to ensure a safer and more equitable healthcare environment. This research contributes to the ongoing discourse on healthcare and legal reform in Afghanistan, offering insights for policymakers, legal professionals, and healthcare practitioners aiming to strengthen the intersection of law and medicine.

A Comparative Analysis of Remedies and Challenges in the Protection of Stakeholders Rights: OHADA vs. English Corporate Law

This article provides a comparative analysis of the remedies and challenges in the protection of stakeholder rights under OHADA (Organization for the Harmonization of Business Law in Africa) and English corporate law. The study focuses on key legal remedies available to stakeholders, including the derivative action model, the unfair prejudice remedy, personal right of action, remedies for breach of contract and torts, representative actions amongst other remedies. Under OHADA, the uniform legal framework aims to harmonize business laws across member states, promoting legal certainty and economic growth. In this context, the derivative action model allows minority shareholders to seek redress for wrongs committed against the company, while the unfair prejudice remedy protects stakeholders from actions that harm their interests. Personal right of action and remedies for breach of contract and torts provide additional avenues for stakeholders to seek justice. Representative actions further enable collective redress for affected parties. In contrast, English corporate law, rooted in a common law tradition, offers flexibility and judicial interpretation in protecting stakeholder rights. The derivative action model in English law allows shareholders to bring claims on behalf of the company, while the unfair prejudice remedy addresses situations where minority shareholders are treated unfairly. Personal right of action and remedies for breach of contract and torts are well-established, providing robust protection for stakeholders. Representative actions in English law facilitate collective litigation, enhancing access to justice. In tandem with the foregoing, this paper explores challenges in the practical enforcement of these remedies, including differences in legal culture, enforcement mechanisms, and jurisdictional issues. By comparing OHADA and English corporate law, the study provides insights into the effectiveness of various legal frameworks in protecting stakeholder rights and offers recommendations for enhancing stakeholder protection through legal reforms and policy initiatives. Through a content analysis of primary and secondary data, we uphold that this article contributes to the discourse on corporate governance and stakeholder theory, offering valuable perspectives for policymakers, legal practitioners, and scholars interested in the protection of stakeholder rights in diverse legal environments.

Gender Justice and Legal Reforms: A Review of Women's Rights Legislation in India

Gender Justice and Legal Reforms: A Review of Women's Rights Legislation in India

LEGAL EDUCATION IN INDIA

Legal education plays a crucial role in shaping the future of any country. The legal education imparted in various institutions helps to promote more awareness and civic sense in the citizens of any nation. In India, legal education helped in the proper and just development of Indian society. After the independence of India, various regulatory bodies involved in improving the status of legal education made several reforms, keeping in mind the needs of present stakeholders. In this research paper doctrinal approach is used to gain a proper understanding of current issues and concerns in legal education in India at higher education. The aim of the study is to highlight the importance of legal education in India. Furthermore, it also examines recent legal education reforms in the light of New Education Policy, 2020. Moreover, it also discusses various issues and concerns in legal education in India.

‘The Doctor in Search of Herself’: women doctors’ autobiographies, second wave feminism, and the feminist women’s health movement, 1976-1987

Second wave feminist legal and educational reform contributed to the fourfold rise in the number of women doctors in the United States between 1970 and 1990, challenging the hierarchical medical...

Addressing the Impact of Legal and Judicial Reforms on Addressing Police Brutality in India

Addressing the Impact of Legal and Judicial Reforms on Addressing Police Brutality in India

Islamic Piety, Corporeality and Agency: Young Mappila Women’s Dissensus Over the Notion of Ideal <i>Muslimah</i> in Malabar

Occupied with the discourse of legal reformation of the Muslim community since the Shah Bano controversy in 1978, statist narratives of liberating Muslim women from Muslim patriarchy are conspicuous in India. However, Muslim leaders propose internal reforms and expect women to be good mothers. This article analyses the role of traditional <i>ulema</i> in Kerala in shaping the corporeal notions of pious Mappila women. The study also analyses the contestations and multiple discourses among pious young Mappila women toward the <i>ulema</i>’s preaching. The findings of this study are framed through the concept of piety and the embodiment of ethical self by Saba Mahmood and Talal Asad’s notion of Islam as a discursive tradition. Semi-structured interviews, participant observation, digital ethnography with a sample of thirty respondents and secondary sources are the methods used. While the conception of an ethical self and piety among the pious elder Mappila women hinges on the respectful compliance of <i>ulema</i>’s preaching of the qualities of a ‘good <i>Muslimah</i>’, the pious young Mappila women focus on the deliberative aspects of discourses around ‘the good <i>Muslimah</i>’. This has opened up the possibilities of contestation, argumentation, and cross-checking references from the Islamic tradition to pursue a dignified and pious living.

Advancing Justice Through Technology: A Comparative Analysis of Data-Driven Approaches to The Burden of Proof in Criminal Cases in The USA and Pakistan

In this paper, the burden of proof in criminal justice is examined concerning technological innovations: The United States and Pakistan A Comparative Analysis. This paper looks at how digital evidence, much like forensic technologies and AI have impacted the legal proceedings, especially on aspects of discovery up come to scrap for proof. The research uses a mixed methods approach through case analysis and interviews with legal professionals to illustrate some of the benefits and barriers on deploying technical solutions in criminal justice. The study concludes that these innovations improve the reliability and efficiency of legal processes while posing significant challenges for developing legals frameworks, reliable evidencing practice or regulations, as well as clear ethical standards. The findings illustrate the divide between digitally rich and poor law systems, highlighting that effective legal reforms must be accompanied by sustained training for justice sector officials with a nuanced approach buttressing core human rights such as data privacy or presumption of innocence. This research adds to the rich literature on technology in justice and provides important lessons for policy makers, legal professionals, academics who wish to transform the criminal justice system of the future by leveraging digital technologies.

A Legal Appraisal of the Application of the Death Penalty in Cameroon

This paper provides a comprehensive legal appraisal of the death penalty’s application in Cameroon, evaluating its constitutional, legal, and human rights dimensions. Despite the global trend towards abolition, Cameroon continues to implement capital punishment, sparking intense debate regarding its alignment with international human rights standards and constitutional guarantees. The study examines the statutory framework governing the death penalty in Cameroon, including relevant provisions of the Cameroonian Penal Code and the Constitution. It assesses the recent legal reforms and international treaties on the death penalty’s application. Through a critical analysis of judicial practices, and case law, the paper highlights inconsistencies and challenges in the implementation process. The appraisal further explores the socio-political and ethical implications of capital punishment in Cameroon, considering public opinion and the role of civil society. The study adopts a qualitative research methodology which makes use of empirical methods such as observation. It also makes use of the doctrinal method which entails content analysis of primary and secondary data. Ultimately, the study advocates for a reassessment of the death penalty’s role in the justice system, emphasizing the need for reforms to align with evolving human rights norms and ensure fair and equitable application of justice.

Litigation politics: social movement activity in campus sexual assault litigation

AbstractCritics point to increasing private lawsuits filed by students accused of campus sexual assault as evidence that Obama-era Title IX guidance overcorrected and favored victims at the expense of the due process rights of the accused. This overcorrection narrative powerfully reshaped the debate surrounding campus sexual assault and ultimately contributed to the rescinding of the guidance. Existing analytical tools from legal mobilization scholarship – emphasizing the deployment of litigation by social movement actors – are not equipped to identify the origins and dissemination of this political narrative. Drawing from legal complaints, media coverage and interviews with lawyers, we show how private practice attorneys with no visible movement ties helped craft the overcorrection narrative from individual lawsuits by (1) embedding political claims in legal filings, (2) amplifying the narrative in media and (3) collaborating with advocates in quantifying the litigation trend. We extend prior scholarship and illustrate how lawsuits can be both a vehicle of political storytelling and the story itself. We further argue that the ideology of liberal legalism can mask the politics of private lawsuits, making litigation a useful tool for social movement efforts to mobilize support for legal reform.

The Interplay of Banking Development and Legal Reforms

The enforcement of mortgage rights plays a pivotal role in ensuring economic stability and protecting citizens' financial interests. Within the broader context of economic governance, the banking sector acts as a fundamental pillar, driving economic growth and safeguarding financial certainty. This study examines the regulatory framework governing the enforcement of mortgage rights in Indonesia, emphasizing its impact on financial security and the reduction of Non-Performing Loans (NPL). Through a normative juridical approach, this research analyzes the existing legal provisions in Indonesia and explores avenues for enhancing the mortgage enforcement process. In addition to legal analysis, philosophical discourse is employed to understand the practical challenges in enforcing mortgage rights. A comparative approach focuses on the Indian legal system, where mortgage rights can be executed without court intervention. India’s approach has effectively reduced Non-Performing Assets (NPA), offering valuable insights into Indonesia’s legal reform efforts. The study suggests adopting a comparable framework in Indonesia could streamline mortgage enforcement procedures, reduce litigation, and enhance financial stability. This research aims to contribute to Indonesia’s broader economic management and governance strategies by proposing legal reforms and promoting a more efficient, competitive, financial security, and equitable financial system.KEYWORDS: Legal Reform, Banking, Morgage Rights, Indonesia, India.

예비군법의 법정책적 검토

The Reserve Forces system, which originated as the Homeland Reserve Forces with a limited role in regional defense, has evolved to include broader responsibilities, encompassing national defense. However, there has been insufficient discussion on whether these changes are appropriate for the legal status and role of the Reserve Forces. It is necessary to examine whether the Reserve Forces should function merely as a supplementary organization to the regular military or if they should be assigned an independent role. Moreover, there is a concern that the expansive definition of the Reserve Forces' duties has led to ambiguity in their role and their relationship with the regular military. This study aims to explore the direction for improving the Reserve Forces Act. There is a need to clarify the duties of the Reserve Forces, focusing on military tasks during wartime and restructuring the organization accordingly. The Reserve Forces should be mobilized only for military needs in wartime, excluding non-military tasks such as civil defense or riot control from their primary duties. The Reserve Forces must be able to concentrate on their fundamental military role. Furthermore, it is essential to enhance the legal status and treatment of reservists to match that of regular soldiers. Currently, reservists do not receive the same legal protection as regular soldiers during duty, and the compensation provided is inadequate. Therefore, it is necessary to ensure that reservists have the same legal status as regular soldiers during their service, with clear regulations on their treatment and compensation. By referencing examples from countries such as the United States, Germany, and Taiwan, the legal status of reservists should be clearly defined, and the state must fulfill its responsibility for their duty performance through legal and institutional reforms. In conclusion, the Reserve Forces system must play a more crucial role as the pool of military personnel decreases. To achieve this, it is essential to reform the legal framework. By clarifying the duties and roles of the Reserve Forces through the Reserve Forces Act and enhancing the legal status and treatment of reservists, a system must be established in which the Reserve Forces can make a substantial contribution to national security. This will enable the Reserve Forces to be operated in line with the modern security environment, thereby more effectively ensuring national security.

Improvement of the Carrier Delivery Rules in China's Maritime Law from an International Perspective

This paper examines the impact of carrier delivery rules on China's Maritime Law in the context of international maritime cargo transportation. It identifies significant issues such as the imbalance of interests between carriers and consignees, the challenges in carrier identification, and the inconsistencies in the duration of carrier responsibilities. Drawing on international conventions such as the Hague Rules, Hamburg Rules, and Rotterdam Rules, this study provides comprehensive recommendations for refining China's Maritime Law. Key proposals include improving the legal definitions and criteria for carrier identification, harmonizing liability periods for container and non-container cargo, and strengthening the fulfillment of carrier obligations through robust inspection and supervision mechanisms. These improvements aim to align China's Maritime Law with international standards, enhance the efficiency and reliability of maritime transport, and support the sustainable growth of China's maritime industry. The findings underscore the necessity for ongoing legal reforms to maintain China's competitive edge in global maritime trade.

Iddah Sebagai Instrumen Perlindungan Perempuan Dalam Hukum Islam

This research examines the concept of iddah in Islamic law, focusing on its provisions, criteria, and impact on the rights and welfare of Muslim women. Iddah is a waiting period that a woman must undergo after divorce or the death of her husband, which aims to ensure the certainty of lineage and allow time for emotional healing and social adjustment. This study analyzes the various provisions of iddah, such as the duration and conditions that must be met, as well as the criteria that affect the iddah period, such as age, state of pregnancy, and previous marital status. The impact of iddah on women's rights, including the right to maintenance during iddah (nafkah iddah) and the right to mut'ah, is also discussed in depth. The research also explores the psychological and social well-being of Muslim women during the iddah period, as well as the legal and social implications of its provisions in the modern context. Based on an analysis of classical Islamic law and contemporary practices in various countries, the study concludes that while iddah aims to protect women's rights, its implementation often presents challenges, particularly in relation to women's financial and emotional well-being. Therefore, legal reforms that take into account the current social context and women's needs are needed to ensure that iddah provisions can be applied fairly and provide maximum protection for Muslim women