Legal Strategies Research Articles

Untangling the Tangle of Revenge Porn in the United States: A Comparative Study

This research examines the phenomenon of revenge porn in the legal context of the United States and identifies important lessons for Indonesia. Using a multifaceted approach, this research explores legal definitions, sentencing, and protections for victims in various US states, as well as exploring the psychosocial impact of revenge porn on victims. This research utilizes normative legal methods by adopting statutory, conceptual, comparative, and futuristic approaches. The nature of this research is descriptive-prescriptive. The data that has been collected is analyzed using the content analysis method. The study found that there is significant variation in laws and approaches to handling revenge porn among states, reflecting differences in social values and legal priorities. For example, states such as California, New York, and Texas feature different definitions and penalties, as well as varying levels of protection for victims. Indonesia can draw valuable lessons from formulating its own legal strategy for this phenomenon. This research suggests the importance of specific legislation that clearly defines revenge porn, a flexible sentencing system that considers the context of individual cases, and strong psychosocial support for victims

Access to Work for Those Seeking Asylum: Concerns Arising from British and Swedish Legal Strategies

Abstract This article seeks to probe the controversial relationship between seeking asylum and the permission (or obligation) to work. In doing so, we recognise the concurrent claims that can be made for asylum and access to the labour market, problematising the concept of ‘work’ and its relationship to freedom and dignity from the perspective of international refugee law and European human rights norms alongside European Union (EU) law. We examine how British and Swedish legal systems have reflected two starkly opposed policy stances. The UK has long denied asylum seekers the financial and psychological benefits that come with work usually until refugee status is formally granted, but the Swedish system has facilitated a complementary pathway for asylum seekers whose labour can make (what is determined politically to be) a sufficient contribution to the economy. We identify the perceived benefits and failings of each strategy. In this context, we observe that the status quo in both countries is changing and even arguably converging around an illiberal consensus regarding the relationship between asylum and work, which will demand further attention and potentially legal challenges in the years to come.

The Contemporary Foster Care Legislative Framework in Greece: A Review of its Assets and Weaknesses

This review comprehensively analyzes the contemporary Greek legislative foster care system according to N4538/2018, exploring all the relevant international agreements such as the United Nations Convention on the Rights of the Child and the European Union's Charter of Fundamental Rights, that influenced its enactment. It highlights the rights and protection afforded to children in foster care, detailing provisions from the Hague Convention on the Rights of the Child and European legislation. It explores thoroughly the recent legislative reforms in Greece, including the establishment of the National Council for Foster Care and Adoption. It emphasizes the development and adherence to National and Special Registers for minors in the modern Child Protection System, as well as the implementation of Individual Family Rehabilitation Plans. It reveals that the recent legislation framework has many advantages but also a few weaknesses that could be amended. The legal procedures and criteria for placing minors in fostering in Greece, and the required criteria to ensure that foster parents meet the necessary guidelines to protect the best interests of children are discussed. This paper also examines the legal and procedural steps required to link children to foster families, the arrangements for supervision of foster parents and the consequences of fostering in cases of non-compliance. It is also proven that social workers play a key role in all stages and procedures of the application of the institution of foster care since they have taken up the main responsibilities for its implementation, prior, during and after the children are placed in foster parents. The article concludes that there is an imperative need for informed policies and practices that will ensure the adequate care and protection of minors in the foster system, recommending a synergy of legal, institutional, and educational strategies to optimize the welfare of foster children and support foster parents.

Paths Towards LGBT Rights Recognition in Brazil

IntroductionThis article addresses the processes that led to the recognition of LGBT rights in Brazil, the role played by civil society mobilization, and the interaction between the Federal Supreme Court and the National Congress in these processes.MethodsThe study’s primary method is document analysis. Our sample was established in 2021 and includes four court decisions and 93 law proposals presented from 2011 to 2020 by 83 legislators whose profiles are also analysed (data collected in 2021). Moreover, the article references secondary source interviews conducted in 2017 and 2018.ResultsThe Federal Supreme Court was responsible for all the LGBT rights recognized at the federal level in Brazil. Our data shows that federal legislators, on the other hand, have been unable to make bills focused on LGBT rights (pro or against) pass. Some highlights from the results show that 46.2% of the proposals on the matter are contrary to those rights, and 48.2% of the legislators who mobilize the matter are affiliated with the Evangelical Bench, an influential conservative institution in the Brazilian National Congress. Although not yet able to make law proposals pass, those legislators with a conservative profile tend to use LGBT rights as political currency by presenting bills or making speeches against these rights. They also play a role in not allowing pro-LGBT rights achievements in the legislative arena. Aware of the legislators’ profile, civil society organizations tend not to focus all their efforts on this arena and to take or create legal opportunities, even though the path through courts still represents several obstacles. Moreover, although the Brazilian Federal Supreme Court has shown a willingness to decide on LGBT rights, the outcomes of the rulings depend on the composition of the body, which is influenced by nominations made by the president. That is, the same court Brazil has relied on to recognize LGBT rights could be responsible for denying them had it had the same powers but different members.ConclusionsWhile the deadlock in the Federal Congress persists, and the judicial decisions that recognized LGBT rights remain effective, LGBT persons continue to exercise their conquered rights. However, the conservative wave in Brazil places the country in a context of uncertainty and vulnerability with regard to LGBT rights.Policy ImplicationsThis study’s contribution lies in showing why Brazil is an unpaired case when it comes to LGBT rights recognition and how vulnerable these conquered rights are in the country. The article provides an overview of the recognition processes taking multiple arenas and actors into account. Therefore, the analyses and the database of law proposals fill a gap in the literature and can contribute to future work from both scholars (for example, other studies from the database) and practitioners (for example, the development of legal mobilization frames and strategies).

Legal Strategies for Protecting Intellectual Property Rights in Business A Case Study Creative Industry in Indonesia

This research delves into the multifaceted landscape of intellectual property protection within the Indonesian creative industries. Through qualitative analysis, interviews with 10 key informants elucidated the challenges faced by businesses, including rampant piracy, inadequacies in legal frameworks, and enforcement issues. Businesses responded with diverse legal strategies, encompassing copyright protection, trademark registration, industry collaboration, and technological solutions. Case studies provided tangible examples, showcasing the effectiveness and challenges of these strategies. Recommendations for legislative reforms, strengthened enforcement mechanisms, industry collaboration, and technological innovation are proposed. This research contributes valuable insights into the dynamic interplay between legal challenges and strategic responses in safeguarding intellectual property within the vibrant Indonesian creative industries.

Legal Regulations Pertaining to Product Safety and Quality Standards in MSMEs Business in Indonesia

This research delves into the multifaceted landscape of intellectual property protection within the Indonesian creative industries. Through qualitative analysis, interviews with 10 key informants elucidated the challenges faced by businesses, including rampant piracy, inadequacies in legal frameworks, and enforcement issues. Businesses responded with diverse legal strategies, encompassing copyright protection, trademark registration, industry collaboration, and technological solutions. Case studies provided tangible examples, showcasing the effectiveness and challenges of these strategies. Recommendations for legislative reforms, strengthened enforcement mechanisms, industry collaboration, and technological innovation are proposed. This research contributes valuable insights into the dynamic interplay between legal challenges and strategic responses in safeguarding intellectual property within the vibrant Indonesian creative industries.

Evaluation of strategies in teaching legal discourse in “Professional Kazakh language” course

Relevance. Legal terminology and professional discourse acquisition are a part requirement set for law students when learning the Kazakh professional language. Purpose. The present paper aims at investigating and evaluating the effective strategies of teaching the Kazakh legal discourse to pre-service law students in the “Professional Kazakh language” class. This study also attempted to identify students' attitudes towards the course “Professional Kazakh language” the subject content of teaching Kazakh professional legal discourse and effective strategies of teaching legal discourse to develop communicative and professional competence of law students. Moreover, this paper has studied and analyzed the criteria for evaluating students learning outcomes, and stages of teaching legal discourse in “Professional Kazakh language” courses. The present study was done during the academic year 2020-2021 at the Faculty of Philology and Pedagogy, Sh. Ualikhanov Kokshetau University. “Professional Kazakh language” course took place twice a week and each class lasted 50 minutes. The participants had different ethnic backgrounds, Kazakh, Russian and Tatar. Methodology. The present study applied mixed methods to identify the effectiveness of the teaching strategies and students' performance. Data was collected from 52 volunteer participants, namely law students, both genders, of the course “Professional Kazakh language” by means of Google forms. Results. The results of the analysis showed that developing communicative skills and legal discourse for law students is considered one of the key requirements, and studying the Kazakh professional language course may provide future law specialists with necessary linguistic and communicative skills. The data collection was done through questionnaires and observation. Conclusions. The results showed that the participants perceive “Professional Kazakh language” courses to be very important for their study and future career and there seemed to be considerable motivation and interest in taking “Professional Kazakh language” courses and strengthen knowledge in the legal Kazakh language.

RIGHT TO DISCONNECT: COMPLEXITIES OF LEGALIZATION (IN THE CONTEXT OF INTERNATIONAL REGULATORY EXPERIENCE)

Objective: Issues of legalization of new digital rights are the subject of current discussions. To date, the need to consolidate the human rights, inextricably linked to the process of digitalization of society, is recognized in many international agendas. The right to disconnect is one of these rights, and the inclusion of it in the Loi Travail was the first step towards incorporating new digital human rights into national law. Despite the fact that the regulation of the right to disconnect is being discussed at the international level, countries are very cautious about this category in their national labor laws. Purpose: to identify the problematic aspects of the legalization of the right to disconnect in labor relations through the prism of the analysis of the legislative experience of states of various legal jurisdictions. Theoretical framework: The study of the regulatory landscape of foreign states in relation to the right to disconnect contributes to the consolidation of expertise about approaches to the legal protection of employees. Based on the above, when analyzing the literature, the list of sources under study included research papers, articles, and reviews related to the legalization of the right to disconnect in labor relations based on labor legislation at the national level, as well as at the level of collective agreements and corporate culture. Methods: The research methodology is based on the main method of legal science – legal hermeneutics. When reviewing the research literature on the topic and including sources in the scope of the study, we were guided by the criteria of a systematic literature review using the Preferred Reporting Items for Systematic Reviews and Meta-Analyses method. The study also used the clustering method to determine the jurisdictions being studied. Result & Conclusion: This knowledge will help to identify the main difficulties of direct legalization, the reasons for the implicit recognition of the right to disconnect and will help to identify effective methods of law-making in the future. As a result of an inductive analysis of specific examples of the legal regulation of the right to disconnect in the national laws of various jurisdictions, we have identified the main obstacles to legal consolidation and strategies for the legalization of the right to disconnect. Implications of research: The research identifies the main factors influencing the legalisation of the right to disconnect at the legislative level. It also categorises the strategies adopted by countries in different jurisdictions to regulate the right to disconnect in legal relations. Originality/value: Increased knowledge of work-life balance through the legal entrenchment of the right to disconnect in the employment relationship. The findings of the study can serve as a basis for reorienting not only the legal policies of states in the area of the right to time off, but also the strategies of companies to improve the situation of workers. Funding: This study was supported by the Science Committee of the Ministry of Science and High education of the Republic of Kazakhstan (grant no. fund this research AP19676064).

Legal guidelines for identifying online illegal fund-raising crimes in China

Purpose This paper aims to elucidate the responsiveness of China’s judicial system in addressing the challenges of identifying online illegal fund-raising crimes that have emerged in recent years. This study systematically evaluates the efficacy and potential pitfalls of legal guidelines contained in judicial interpretations, such as holistic determination, sampling verification and presumption of the nature of funds. In addition, the research endeavors to propose pertinent recommendations for refining the existing judicial rules. Design/methodology/approach This research mainly uses a doctrinal methodology, focusing on the principal judicial interpretations formulated by the Supreme People’s Court and other central judicial entities in China. The scope encompasses the realm of online illegal fund-raising crimes as well as other cybercrimes. The analytical framework involves a comprehensive examination of these authoritative judicial documents, coupled with a theoretical and critical analysis of relevant academic materials. Findings This research underscores that while judicial interpretations serve as an effective legal strategy to confront the challenges posed by online illegal fund-raising crimes, their implementation introduces a nuanced landscape. These legal guidelines, often emanating from diverse judicial departments and tackling specific issues, carry the inherent risk of giving rise to new complexities and fostering inconsistency. Judicial authorities shall exercise prudence in both the formulation and application of these guidelines, ensuring their harmonization with existing legal norms and fundamental legal principles. Originality/value This research constitutes a critical and comprehensive examination of judicial interpretations in China pertaining to online illegal fund-raising crimes. It offers valuable insights into the country’s judicial interpretation system and its legal responses to financial crimes. The paper serves as a valuable resource for academics, law enforcement professionals, policymakers, legislators and researchers.

Relationship between Tax Incentives and Corporate Tax Avoidance Strategies in Kenya

Purpose: The aim of the study was to assess the relationship between tax incentives and corporate tax avoidance strategies in Kenya.
 Methodology: This study adopted a desk methodology. A desk study research design is commonly known as secondary data collection. This is basically collecting data from existing resources preferably because of its low cost advantage as compared to a field research. Our current study looked into already published studies and reports as the data was easily accessed through online journals and libraries.
 Findings: The relationship between Tax Incentives and Corporate Tax Avoidance Strategies in Kenya has been a subject of research. Findings indicate that while tax incentives are intended to promote economic growth and investment, they can also create opportunities for corporate tax avoidance. Companies in Kenya have sometimes leveraged these incentives to reduce their tax liabilities through legal but aggressive tax planning strategies, potentially leading to reduced government revenue.
 Implications to Theory, Practice and Policy: Agency theory, resource dependence theory and political economy theory may be use to anchor future studies on assessing relationship between tax incentives and corporate tax avoidance strategies in Kenya. For practitioners, understanding how tax incentives and avoidance strategies vary across industries is essential. Policymakers should actively engage in global collaboration to address tax avoidance by multinational corporations. International tax policy reforms and coordinated efforts are needed to create a fair and transparent global tax environment that discourages aggressive tax avoidance.

Sosialisasi Hukum Akibat Hukum Dan Upaya Pencegahan Judi Online Pada Remaja

This study aims to investigate the role of legal socialization at Vocational High School (SMK) Taman Siswa Kisaran in preventing online gambling practices among adolescents, as well as to understand the legal implications that adolescents may face when involved in such activities. The research method employed is a qualitative approach, gathering data through interviews with teaching staff, students, and legal experts, along with observation of the legal socialization activities conducted at the school. The findings indicate that SMK Taman Siswa Kisaran has implemented various legal socialization activities, including workshops, seminars, and extracurricular activities, to enhance students' understanding of the legal consequences of online gambling. However, challenges in the implementation of legal socialization were identified, such as resource constraints and lack of support from relevant parties. Potential legal repercussions for adolescents include criminal penalties, fines, and long-term consequences related to criminal records. Therefore, this study highlights the importance of the school's role in disseminating information about the laws related to online gambling to adolescents, emphasizing the need for greater support from the school, government, and other relevant institutions to enhance prevention efforts. The implications of this research include the development of more effective legal socialization strategies and the necessity for collaborative efforts among various stakeholders to address the issue of online gambling among adolescents. Thus, this study underscores the urgency and relevance of prevention efforts against online gambling practices among adolescents through legal socialization approaches in the educational environment.

Analysis of Survival Strategies for Illegal Indonesian Workers in Malaysia

The increase in illegal Indonesian workers (TKI) every year is a polemic in itself; the opportunity to become an illegal TKI can be detrimental to the state and individual TKI because they will not get their rights and are vulnerable to problems with inappropriate labor administration. The Indonesian government must immediately resolve this problem to ensure that there are no more illegal Indonesian migrant workers coming to Malaysia. This research uses a qualitative method by collecting data through interviews, observation, and documentation from three sources on the survival of illegal migrant workers working in Malaysia. The analysis uses spatial and narrative analysis. This is a novelty in this research and direct observations in the field by the author. The research results show that the main factors for illegal migrant workers going to Malaysia are the availability of jobs, high wages, and the lure of families working there. The workers chose to be illegal because they did not have a valid visa, did not want to renew their advanced visa or a tourist visa, and switched to becoming workers in Malaysia. As for surviving as an illegal worker, the survival strategy for surviving as an illegal worker is to carry out economic, social, legal, and political survival strategies. This research is important to follow up on because many Indonesian citizens are still interested in working abroad illegally and not complying with established regulations, which can harm various parties.

Local business environment and firm innovation: evidence from China

PurposeThis paper aims to investigate the influence of the regional business environment on local firm innovation, considering various dimensions such as administrative, financial and legal environments.Design/methodology/approachMultiple regression analysis is employed to analyze archival data for firms listed on Chinese stock markets.FindingsWe find that the optimizations of the administrative and financial environments positively affect firm innovation, whereas the legal environment does not exert a similar impact. Our analysis also reveals that the business environment’s optimization significantly influences innovation in firms that are small, non-state-owned and operating in high-tech industries. Furthermore, the business environment acts as a moderating variable in the relationship between firm innovation and firm value.Research limitations/implicationsThis study contributes to a more comprehensive understanding of institutional-level determinants of firm innovation, highlighting the nuances of the legal environment and the importance of context-specific analysis, especially in emerging markets like China.Practical implicationsDeveloping countries can significantly enhance firm innovation by improving the business environment, including the optimization of administrative and financial systems, reducing transaction costs and ensuring capital supply. Tailored legal frameworks and alternative institutional strategies may also be explored.Social implicationsThis study explicitly emphasizes the governmental role in promoting firm innovation, shedding light on policy formulation and strategic alignment with local administrative policies.Originality/valueTo the best of our knowledge, this paper is the first to explore the relationship between the business environment and firm innovation using World Bank indicators in an emerging market context, providing novel insights into the unique dynamics of legal, financial and administrative sub-environments.

Legal and Ethical Conundrums in the AI Era: A Multidisciplinary Analysis

The article embarks on an investigative journey into the complex legal and ethical landscape shaped by the advent of Artificial Intelligence (AI). The research problem centres on the urgent need to understand and address the gap between evolving AI technologies and the existing legal and ethical frameworks. This gap poses significant challenges to societal norms, legal systems, and ethical principles, warranting a comprehensive multidisciplinary analysis.
 
 The research objectives are twofold: firstly, to dissect the legal implications AI poses to existing regulatory structures, and secondly, to explore the ethical dilemmas emanating from AI's pervasive influence across various societal sectors. The study employs an eclectic research method, integrating doctrinal analysis with a qualitative examination of case studies and existing literature across disciplines like law, ethics, technology, and sociology. This approach facilitates a holistic understanding of the AI era's legal and ethical intricacies.
 
 The key findings of this research underscore a dissonance between rapid technological advancements in AI and the slower evolution of legal and ethical norms. This disjunction leads to legal loopholes and ethical ambiguities in AI governance, privacy, accountability, and human rights. Furthermore, the study identifies a pressing need for adaptive legal frameworks and ethical guidelines that can keep pace with AI's transformative impact.
 
 Implications of these findings are profound for both theory and practice. Theoretically, the article contributes to an enriched understanding of the intersection between law, ethics, and technology. Practically, it offers actionable insights for policymakers, technologists, and ethicists to collaboratively formulate responsive legal and ethical strategies. These strategies are essential for safeguarding societal values while embracing technological progress, ensuring AI's development is both legally sound and ethically responsible.

Abolitionist Decrees in Ethiopia: The Evolution of Anti-Slavery Legal Strategies from Menilek to Haile Selassie, 1889–1942

AbstractSlavery and the slave trade were fundamental institutions in Ethiopian history. Their abolition was a protracted process that involved developing, debating, passing, and applying multiple anti-slavery and anti-slave trade edicts and decrees under successive rulers. While slavery existed in various societies that were later integrated in the Abyssinian empire since the second half of the nineteenth century and took different forms based on different legal traditions, this article focuses specifically on the Christian kingdom and its successor empire. It analyzes changes and continuities in legal approaches to slavery and its suppression through consecutive Ethiopian governments starting with a discussion of slavery's regulation in the ancient Christian law code, the Fetha nagast (“The Law of the Kings”). The article then considers how successive Christian emperors developed anti-slavery policies in response to both local and global dynamics.

Improving Legal Framework for Telemedicine between Physicians and Patients

This paper explores legal strategies for introducing telemedicine between physicians and patients. It thoroughly explored the definition and significance of telemedicine, scrutinized regulations pertaining to remote healthcare embedded in the Medical Service Act, and meticulously dissected proposed amendments to the Medical Service Act aimed at incorporating telemedicine between physician and patient. Specifically, it sheds light on the repercussions of the evolving medical landscape attributed to COVID-19 on the legal infrastructure of telemedicine. Focal points of discussion encompassed challenges in interpreting the Medical Service Act, regulatory frameworks for telemedicine platforms, and incremental legal enhancements. By drawing from recent government pronouncements on enhancement measures of pilot initiatives, this paper underscores the imperative for rigorous validation of safety and efficacy, presenting an exhaustive institutional analysis to foster the implementation of telemedicine.

Alternative Legal Strategies and Ninik Mamak Authority: Dual Administration of Malay Marriage in Koto Kampar Hulu, Riau

Alternative Legal Strategies and Ninik Mamak Authority: Dual Administration of Malay Marriage in Koto Kampar Hulu, Riau

Traumatic spinal cord and peripheral nerve injuries: correlation of trauma type with subsequent disability

BackgroundTraumatic spinal cord and peripheral nerve injuries may lead to neurological deficits and fatal consequences. This study aimed to evaluate the characteristics of traumatic spinal cord and peripheral nerve injuries, examine the relationship between the type of injury and the affected nerves, and discuss appropriate prevention measures.ResultsOf these, 236 were males and 63 were females, and the mean age was 35.56 ± 15.10 years. Traffic accidents (56.9%) were the most common etiological factor. This study included 288 peripheral nerve injuries and 82 spinal cord injuries. The fibular nerve (n = 49) and cervical spinal cord (n = 35) were the most frequently injured areas. Permanent functional and sensorial losses associated with traumatic nerve injuries were observed in 239 (79.9%) cases, of which 171 exhibited loss of muscle strength, 114 presented with neuro-sensorial symptoms, 37 had urinary/faecal incontinence, and 1 demonstrated erectile dysfunction. And, the incidence of permanent loss of function was significantly higher following traffic accidents (χ\\documentclass[12pt]{minimal} \\usepackage{amsmath} \\usepackage{wasysym} \\usepackage{amsfonts} \\usepackage{amssymb} \\usepackage{amsbsy} \\usepackage{mathrsfs} \\usepackage{upgreek} \\setlength{\\oddsidemargin}{-69pt} \\begin{document}$$\\chi$$\\end{document}2 = 50.095, Adj. p < 0.001).ConclusionsPeripheral and spinal nerve injuries play a crucial role in forensic investigations, providing valuable insights into the circumstances surrounding a crime or injury. Their significance extends to both criminal and civil proceedings, influencing legal strategies, determinations of liability, and the quantification of damages. In this study, especially traffic accidents were significantly associated with nerve injuries leading to permanent loss of function, and the type of trauma was associated with the nerves injured. Therefore, this study will contribute to criminal and civil proceedings.

Guideline of Management Strategy to Develop Fitness Center in University, China

Background and Aim: Currently students in China are paying more attention to exercise. With the rising cost of living and increasingly hectic lifestyle in China, there are still relatively few universities with fitness centers and is not yet widespread. In addition, there is a lack of clear management in the fitness center and this does not cover this causes university students to lack support in exercising. The purpose of this study was to construct guidelines for management strategies to develop fitness centers at the university. Materials and Methods: This study is a survey type and it is qualitative research. The sample group is divided into two groups: the first group was 10 people with stakeholders to be used in interviews to find problems in the current management of fitness centers. Using questions created by the researcher that are based on the 4M and POLC theories; the second group was 15 experts with specialized knowledge including Fitness center managers, University administrators, Fitness center coaches, and Fitness center customers. The researcher will bring the draft strategy to the second group of experts to screen and evaluate to obtain a final strategy that is of high quality and can be used. The researcher took the problems obtained from interviews with stakeholders and analyzed them on a side-by-side basis which includes Policy, Economic, Social, Technology, Environment, and Legal. Results: The result of this research shows: It was found that 48 draft strategies were consulted and opinions were sought for evaluation and screening from experts. Obtained 31 strategies that have quality and efficiency in actual use which include: 5 Policy strategies, 5 Economic strategies, 6 Social strategies, 5 Technology strategies, 5 Environment strategies, and 5 Legal strategies, and all strategies were accepted by a total of 15 experts. Conclusion: (1) Fitness management has problems in every aspect and the collected problems are similar. It can be seen that there is a problem of insufficient staff and insufficient equipment in the fitness center to meet the demand. In the matter of budget allocation, there is still no clarity. (2) Management strategies are designed according to problems encountered, such as increasing the number of employees. Using technology helps alleviate responsibility. Including recording the use of the budget. Operating under the policies and laws of China.

Model of Legal Approach to Pandemic Disease Control in Indonesia

Objective: The research intends to offer a prescription or model for a legal strategy that balances the objectives of health and human welfare to limit disease pandemics in the future. Method: The legal approach model was created by examining the achievements, failures, and variables affecting the execution of policies in the provinces of East Java and West Sumatra utilizing effective and responsive legislation. The research method used is empirical research with a socio-legal approach to see the effectiveness of law enforcement in society. Data were collected from organized research subjects through interviews and literature studies on COVID-19 control regulations, then analyzed qualitatively. Results and Conclusion: As a result, policies in the Provinces of East Java and West Sumatra, apart from synergizing with central government policies, also make additional efforts and innovations according to specific local characteristics and involve all elements of the Pentahelix community, as well as regional jargon. The harmonious legal approach model is composed of legal effectiveness based on (1) the substance of the regulations, including clear rules, rewards, and sanctions; (2) the institutional structure of the COVID-19 task force, which was formed down to the micro level, including the addition of law enforcement groups and teams; and (3) legal culture or community compliance forms through communication, law enforcement, the involvement of community leaders, and legal pluralism. Responsive law is a means of public aspirations, namely: (1) mainstreaming people's safety without neglecting economic interests, welfare, or human rights violations; (2) law is state-centered in an emergency context but is limited by human rights and the legal system; (3) the principle of openness to public aspirations and participation; (4) complying with the principle of forward fulfillment; (5) preventing moral hazard, abuse of authority, and corrupt acts taking advantage of crises; 6) active community involvement, involvement of community leaders, and upholding Indonesian values. The implementation of the COVID-19 countermeasures policy in the Provinces of East Java and West Sumatra has succeeded in controlling the transmission of the virus effectively Research Implications: The research results can provide valuable input for public policy makers, especially in the development of more effective regulations and policies in controlling pandemic diseases. It can help the Indonesian government to update and strengthen the existing legal framework.