Legal Transparency Research Articles

Introduction to the Issue on Artificial Intelligence in the Public Sector: Risks and Benefits of AI for Governments

Artificial Intelligence (AI) is increasingly adopted by public sector organizations to provide better public services and to transform their internal processes. AI is now considered a key enabler for digital innovation and transformation in the public sector. However, AI is still relatively a new research area in the field of digital government. The term, AI, captures a wide range of technologies, techniques, and tools such as machine/deep learning, natural language processing, robotics, computer vision, and more recently Generative AI. While these AI technologies afford different applications and benefits in the government context, they also create social, ethical, and legal challenges. These challenges require solutions combining both technical (e.g., data and algorithmic solutions to minimize bias) and institutional (e.g., governance structures and processes) mechanisms. The special issue is a collection of articles that contribute to a better understanding of the issues associated with AI deployment in different areas of government operations. They cover AI applications in the areas of emergency response, policy analysis, public bids, and citizen participation. The contributions also address the challenge of realizing a legal transparency regime for AI in government and the effect of AI in bureaucratic decision-making.

Democratic Legal Principles in the Election of the Governor of NTB, Indonesia

This study critically examines the mechanism of appointing the Acting Governor of Nusa Tenggara Barat (NTB), focusing on its alignment with the principles of a democratic legal state. Utilizing a normative legal research methodology, the study employs legislative and conceptual approaches, drawing from primary and secondary legal materials. The analysis incorporates descriptive analytical, prescriptive, and argumentative data analysis techniques. Findings reveal that the current mechanism, governed by the Ministry of Home Affairs Regulation No. 4 of 2023, mandates adherence to democratic legal state principles. However, it faces significant challenges in ensuring optimal public participation and safeguarding human rights (HAM). Although the process involves multiple stakeholders, including optional non-ministerial government agencies, the final decision remains centrally with the president. This centralistic tendency undermines direct public participation in political decision-making, a core tenet of democracy. Additionally, the mechanism lacks clear legal procedures for termination, posing a risk of violating HAM principles and affecting the legitimacy and continuity of the appointed official. The study recommends enhancing public and representative body involvement to better reflect democratic participation principles. It also suggests regulatory changes to mandate broader stakeholder involvement and establish clear termination mechanisms, thereby improving transparency, accountability, and legal certainty while upholding human rights protection. These improvements are crucial for bolstering the mechanism's democratic legitimacy and efficacy in NTB's governance.Highlights
 
 Centralized Authority: The president's ultimate decision-making power limits public involvement.
 Public Participation Gap: Insufficient societal engagement in the appointment process.
 Human Rights Risks: Unclear termination procedures pose legal and legitimacy concerns.
 
 Keywords: Democratic Legal Principles, Public Participation, Human Rights, NTB Governor Appointment, Legal Transparency

Cultural, trust, and transparency effects on the use of anchoring in mergers and acquisitions

AbstractAlthough price anchoring is a global phenomenon, we find that country cultures, trust levels, and information/legal transparency affect its use in determining target offer prices. Price anchoring is associated with cultures that deemphasize long‐term orientation, uncertainty avoidance, and personal indulgence. Acquirers from countries with low levels of trust in people or the legal system are more likely to anchor their bids. Anchoring is more frequently observed in countries where information and legal transparency is poor. We find that the use of anchoring can result in reduced long‐term performance by acquirers.

Deterrence and Eradication of Gratification Crime

This study examines the principles that can deter and eradicate gratification as part of the corruption crime. This study uses a normative juridical research method. The data was collected using literature study techniques on primary, secondary, and tertiary legal materials. The collected legal material is then analyzed using qualitative data analysis methods, which will conclude the research's object. The results show that the deterrence and eradication of gratification crime have been regulated in Article 12 B and Article 12 C of Law No. 20 of 2001. In addition, this provision contains an encumbrance of reverse proof, which aims to simplify the process of proving illegal receipts and indications as a bribery crime for civil servants or state administrators. The principles in deterrence and eradication of gratification crime include legal certainty, transparency, accountability, public interest, proportionality, and respect for human rights. Therefore, it is recommended to CEC, civil servants or state administrators, and the community to practice the principles of deterrence and eradication of gratification crime. In this case, Indonesia can be released from the shackles of criminal acts of corruption in the future.

IZAZOVI I KAPACITETI JAVNOG UPRAVLjANjA U ZEMLjAMA BRIKS-A

In the last decade, the BRICS countries have undoubtedly become the epicenter of global economic growth. However, dissatisfaction with the modernization process has led to the emergence of a new concept: public governance. Politically, BRICS is made up of three democracies (including the largest in the world, India), a totalitarian regime (China) and a nation characterized by significant authoritarian tendencies (Russia). Several issues that are important to the BRICS member states for the coming period concern the stability of constitutional systems, anti-terrorist efforts, accounting for corruption and security. The BRICS countries have relatively well-developed institutional and legal frameworks necessary to foster the rule of law regime. However, strong corruption and political indulgence have led to erosion in political, economic and legal institutions, a weakening of judicial independence and a lack of democratic accountability. For the success of the BRICS countries, strengthening the rule of law is more critical than ever for further economic progress, which is a long-term process and requires adequate measures to be taken to ensure respect for the principle of superiority of law, equality before the law, responsibility under the law, fairness in the application of the law, division of power, participation, legal certainty in decision making, avoidance of arbitrariness and procedural and legal transparency.

PROCEDURE FOR RESOLVING CONSUMER DISPUTES THROUGH CONSUMER DISPUTE SETTLEMENT AGENCY (BPSK)

The establishment of the Consumer Dispute Settlement Agency (here and after, we will use the acronym BPSK) is to protect consumers and entrepreneurs by designing a Consumer Protection system that contains legal certainty and transparency. The purpose of this study was to determine the procedure for resolving consumer disputes through BPSK. This research uses doctrinal and non-doctrinal approaches. The result of the research is that the procedure for resolving consumer disputes carried out by BPSK is through 2 (two) processes or paths that must be passed if consumers want to resolve consumer disputes with business actors, namely: Dispute Resolution outside the court, namely the process of making a complaint or claim for losses carried out by business actors to BPSK or Non-Governmental Consumer Protection Agency (LPKSM). From these complaints, BPSK is obliged to issue a decision no later than 21 (twenty-one) working days after the claim is received and Dispute Settlement Through the court, namely the process Consumers who feel aggrieved report to the authorities, namely to the police for follow-up as in the dispute resolution process in court. There are 3 (three) ways to settle consumer disputes, namely conciliation, arbitration, and mediation.

Do transparency mechanisms reduce government corruption? A meta-analysis

This article presents a meta-analysis of empirical studies to examine the role of transparency mechanisms for curbing corruption. The analysis reveals that transparency has an overall significant, though small, effect size in reducing corruption. Transparency is more effective for reducing subjective than objective corruption measures. While legal transparency mechanisms with freedom of information laws are important, fiscal transparency and e-transparency play a stronger role in fighting government corruption. Accountability and publicity add to transparency mechanisms for reducing corruption. Points for practitioners This meta-analysis study confirms a significantly negative association between transparency and corruption. Transparency advocates can champion transparency mechanisms as significant tools for reducing corruption. Different transparency mechanisms and good governance mechanisms are needed to reinforce transparency for reducing corruption.

Legal rules, information transparency and Islamic bank capital decisions

ABSTRACT To what extent does the formal institutional environment influence Islamic bank capital decisions? We answer this question by assessing the effect of the legal rule index on a sample of 100 Islamic banks in 28 countries from 1999 to 2013. Our econometric analyses show that legal rule index positively and significantly influences capital ratios. The results can be explained by the idea that effective legal rules incentivize Islamic banks to hold higher capital ratios to signal better monitoring to depositors and regulators. In addition, we find that this positive association can be enhanced through strong information transparency channels, democratic and stable political institutions. These results provide insight into how a formal institutional environment can shape Islamic bank capital ratios. It further suggests that the formal institutional environment serves as a constraint on policymakers, as any given capital guideline may function very differently depending on the complexity of the formal institutional environment.

Juridical review of the comparison of remuneration policies in omnibus law with labor law number 13 of 2003

Demand is growing rapidly, but the economy is still weak, employment is limited, unemployment continues to increase. Effective regulation is needed in the recovery of various sectors of the economy. The government formed the Omnibus Law to face the challenges of the times, reduce unemployment and attract new entrepreneurs. The research method is empirical law. The research characteristic is descriptive analysis with qualitative research. The research shows that the omnibus law was formed because the government felt there was a lack of implementation of policies by Law Number 13 of 2003, especially the provision of severance pay so that there were still widespread differences in interests between workers and employers. As a result, many people do not dare to start a business. The difference in remuneration arrangements in Omnibus Law is arrangements for workers' severance pay and compensation for contract workers. The time limit for contract workers is a maximum of 3 (three) years of work being changed to 5 (five) years and extended to a maximum of 5 (five) years. The advantages of Omnibus Law are mobilization of the investment climate and employment opportunities, providing compensation for workers, increasing overtime wages. Lack of public participation in the formation of laws, and weak legal transparency make rejection of workers who feel disadvantaged by the lack of severance pay, the elimination of district/city minimum wages, and wages during leave. Hope that government will form regulations openly and pay attention to workers' rights without prejudice to common interests.

Whole-genome sequencing for TB source investigations: principles of ethical precision public health.

BACKGROUND: Whole-genome sequencing (WGS) of Mycobacterium tuberculosis allows rapid, accurate inferences about the sources, location and timing of transmission. However, in an era of heightened concern for personal privacy and science distrust, such inferences could result in unintended harm and undermine the public´s trust.METHODS: We held interdisciplinary stakeholder discussions and performed ethical analyses of real-world illustrative cases to identify principles that optimise benefit and mitigate harm of M. tuberculosis WGS-driven TB source investigations.RESULTS: The speed and precision with which real-time WGS can be used to associate M. tuberculosis strains with sensitive information has raised important concerns. While detailed understanding of transmission events could mitigate harm to vulnerable patients and communities when otherwise unfairly blamed for TB outbreaks, the precision of WGS can also identify transmission events resulting in social blame, fear, discrimination, individual or location stigma, and the use of defaming language by the public, politicians and scientists. Public health programmes should balance the need to safeguard privacy with public health goals, transparency and individual rights, including the right to know who infects whom or where.CONCLUSIONS: Ethical challenges raised by real-time WGS-driven TB source investigation requires public health authorities to move beyond their current legal mandate and embrace transparency, privacy and community engagement.

Zur Bundestagswahl 2021: Die Wahlzulassung von Parteien und der Reformbedarf des Verfahrens

If a political organization is not yet established (i .e ., represented in federal or regional parliaments), it needs to go through a formal application process, led by the federal returning officer and the federal election committee, to prove the sincerity of its participation in the election and its status as a political party. As documented here the preparation process for federal elections is based purely on habits and lacks legal security and transparency. As a remedy, the author suggests multiple measures. For example, the president of the federal statistical office could be officially nominated as federal returning officer, as has been common practice without legal basis for the last 100 years. Furthermore, it is recommended to reform the proportional representation of the established political parties in the federal election committee. The number of members could be increased to include experts with interdisciplinary expertise. The undefined process for the formal application of non-established political parties ought to be improved by providing a clearly defined framework for the information and documents that are to be handed in for the application.

Navigating Through Uncertain Waters—The Importance of Legal Certainty, Predictability, and Transparency in Future Antitrust Enforcement

Navigating Through Uncertain Waters—The Importance of Legal Certainty, Predictability, and Transparency in Future Antitrust Enforcement

Current perspectives on video and audio recording inside the surgical operating room: results of a cross-disciplinary survey

The availability of intraoperative multimedia recording is increasing. Considering the growing call for physicians’ accountability, it is inevitable that multimedia will play an important role in aiding quality control by improving the adequacy of operative reporting. However, the perspectives of medical professionals on this matter are poorly known. In this cross-disciplinary survey, we aimed to investigate the current viewpoints concerning the use of multimedia recording in the operating room. We conducted an electronic survey among all affiliated members of the Association of Surgeons of the Netherlands, the Dutch Urological Association and the Dutch Society of Obstetrics and Gynecology containing questions regarding current use of intraoperative recording and the level of likelihood or objection for certain scenarios. The response rate was 27.8%. The survey encompasses 370 (54.5%) surgeons, 71 (10.5%) urologists, 80 (11.8%) gynecologists, and 158 (23.3%) residents in training. 52.4% of respondents feel that the currently used operative report is insufficient for future quality requirements. 58.5% think it is unlikely they would behave differently during surgery when intra-operative video recording is applied. 82.8% think it is unlikely that their surgical methods would be altered. 63.8% of respondents preferred only video registration when intraoperative recording is implemented. The majority of respondents agree that the current method of operative reporting is insufficient for future quality requirements. There is support for intraoperative video recording, however, legal transparency is needed before either intraoperative video or audio recording could be implemented to protect not only the patients, but also the healthcare providers.

Study of football social responsibility in Iran with Fuzzy cognitive mapping approach

Considering the increasing importance of social activities in sports, the aim of this study was to design a model of football social responsibility in Iran with a fuzzy cognitive mapping approach. For this purpose the data was collected by 13 in-depth interviews with experts in the field of football social studies in Iran selected through purposive and snowball sampling. By substantive and theoretical coding of interviews, the concepts of football social responsibility were identified and defined. The results showed football social responsibility in Iran includes 8 dimensions of moral, cultural, legal, socio-economic, transparency, benevolently, knowledge and socio-environmental responsibility. Examining the causal relationships between the blocks indicates that moral responsibility has the highest number of effective relationships. Also, the effect of moral responsibility on legal responsibility and transparency responsibility was more important than other relationships. Thus the concept of social responsibility of football can be considered from a broader perspective.

Conservation Policy: Helping or hindering science to unlock properties of plants and fungi

Societal Impact StatementBiodiversity loss is happening at an unprecedented rate. Understanding and protecting biodiversity has never been more urgent, and scientific research is key to this. Fair and transparent access and benefit sharing policies enable research to take place, whilst supporting sustainable livelihoods of communities and ensuring benefits are shared. Current national legislation has been unevenly implemented and, in this article, we recommend frameworks be developed to standardize the provision and use of genetic resources for non‐commercial research.Summary Access to genetic resources for scientific research is vital to support and promote the conservation and sustainable use of the world's biodiversity. The regulatory framework for research is stipulated by Access and Benefit Sharing (ABS) legislation at a national level, but other elements – legal transparency, respect, cooperation, and trust – are essential for its effective and sustainable implementation. Despite the intention of this “ABS regime” to protect natural resources and associated knowledge from misappropriation, several studies have questioned whether national regulatory approaches have led to constraints on research and conservation. We analyse evidence and provide case studies on how these regulations are affecting research. We find that the number of Internationally Recognized Certificates of Compliance (IRCC) of the Nagoya Protocol (NP), the key compliance mechanism of the ABS system, doubled in the six months prior to February 2020 and analyse why this may be the case. Additionally, a survey of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Authorities in 28 countries, found differences in the way the Registered Scientific Institute scheme is interpreted and used to facilitate scientific research. Our results suggest while the regulatory systems are perceived as hindering research and conservation, regulatory mechanisms enabling responsible research are becoming increasingly functional. We argue that functional and transparent systems are needed for both regulators and researchers, to ensure that non‐commercial research can continue smoothly, and present conclusions to support research for the benefit of all countries and partners involved, through appropriate frameworks for implementation and reporting.

Can Visual Design Provide Legal Transparency? The Challenges for Successful Implementation of Icons for Data Protection

Design is a key player in the future of data privacy and data protection. The General Data Protection Regulation (GDPR) established by the European Union aims to rebalance the information asymmetry between the organizations that process personal data and the individuals to which that data refers. Machine-readable, standardized icons that present a “meaningful overview of the intended processing” are suggested by the law as a tool to enhance the transparency of information addressed to data subjects. However, no specific guidelines have been provided, and studies on privacy iconography are very few. This article describes research conducted on the creation and evaluation of icons representing data protection concepts. First, we introduce the methodology used to design the Data Protection Icon Set (DaPIS): participatory design methods combined with legal ontologies and machine-readable representations. Second, we discuss some of the challenges that have been faced in the development and evaluation of DaPIS and similar icon sets. Third, we provide some tentative responses and indicate a way forward for evaluation of the effectiveness of privacy icons and their widespread adoption.

Are Governments Complying with Transparency? Compiled Findings from 15 Years of Evaluation

How well do governments comply with legal transparency obligations? Alarmingly, no good answers to this basic policy question exist because of patchy comparative data on transparency compliance. This study presents an initiative to address this gap. Analyzing an exhaustive compilation of 265 transparency evaluations (i.e. audits) authored by NGOs, academics, and governmental oversight authorities across Latin America between 2003 and 2018, we aggregate data on patterns of evaluation and public sector compliance with transparency obligations. Overall, data indicate modest increases in compliance over time. Most relevant for policymakers and scholars, however, are the gaps in evaluation efforts illustrated by the data. Evaluators tend to focus far more on active transparency (i.e. website-based disclosure) than passive transparency (i.e. governmental responses to citizen requests), more on national level governments than subnational governments, and preponderantly on the executive as opposed to legislative or judicial branches of government. Textual analyses show that education is the most evaluated policy theme, with financial policies and social services close behind. Finally, data reveal that governmental oversight agencies assign significantly higher compliance scores in evaluating subject agencies than non-governmental evaluators. In presenting the first large-scale cross-national assessment of transparency compliance, the current study brings to light trends in the effectiveness of transparency regimes across Latin America, as well as patterns and limitations of transparency evaluation.

Análisis comparativo de la legislación iberoamericana en materia de transparencia y derecho de acceso a la información

La implementación de la legitimidad constitucional para la credibilidad y confianza en los sistemas democráticos iberoamericanos se desarrolla a través de la transparencia legal e institucional. Su consolidación como derecho constitucional impide el menoscabo de las garantías de otros derechos fundamentales conexos como la participación o la libertad de información. El análisis de las deficiencias regulativas de la transparencia desde un prisma territorial, subjetivo, objetivo y con relación a los límites, plantea retos jurídicos a su aplicación en el contexto iberoamericano.

Challenges in regulating priority setting in healthcare: A Finnish perspective on the lawmaker’s dilemma

Healthcare rationing presents multiple problems for the lawmaker. This article examines them through two legislative projects concerning Finnish healthcare and the scope of professional discretion awarded to physicians in priority setting. In attempting to enact norms to steer decision-making in priority setting, the lawmaker has to balance tensions between individual and community rights; for example, relating to legal safeguards, equal access, clinical autonomy, individual need, and transparency. Physicians exercise significant discretion over rationing in a context of rising pressure to contain costs, without support from precise decision-making criteria set in legislation. This raises concerns over the long-term legitimacy of priority setting in Finland. The article argues that legal research should provide analyses of legislative measures and the wider regulatory mix to ensure that priority setting frameworks are compatible with the right to health, and that best practices presented in international priority setting research are operationalized in legislative reforms.

Monetary Fines in EU Mergers: In Need for More Regulation

Monetary fines represent an important instrument to address violations of Competition Law. The European Commission (EC) and the EU Courts have been primarily engaged in imposing fines in cases of breach of the first pillar, and have rarely dealt with cases of abuse based on the fining guidelines issued in accordance with Article 23(2) of Regulation 1/2003. Compared to the first two pillars, mergers have not received similar scholarly attention.1 2 Since 2017, the EC has expressed a growing interest in investigating and imposing significant fines to mergers and acquisitions in breach of procedural matters. Therefore this article addresses the application of Article 14 of the European Union Merger Regulation (EUMR) in imposing fines to mergers with European Union (EU) dimension. The EC decisions and EU Courts’ judgments related to fines on mergers in breach of procedural matters are discussed in four specific sections. The first section analyses article 14(1) of the EUMR, which empowers the EC to impose a fine of up to 1% of the total turnover in the preceding business year on undertakings for breach of procedural matters, including, among others, for providing incorrect or misleading information. This section will address the case of Facebook as the first case in which the EC imposed fines based on the new EUMR. In this case, although the undertakings mislead the EC, based on the offered cooperation, the Authority decided to reduce the fine. In addition, it is also important to address the legal basis applied by the EC in accepting the offered cooperation as a mitigating factor and whether this may develop into a guiding “precedent” in the future. The second section deals with five cases of violations of articles 4(1) and 7(1) EUMR related to fines prescribed in article 14(2) EUMR. With regards to four of them, judgments of EU Courts and decisions of the EC and National Competition Authority (NCA) are analysed. The fifth case, the one on Ernst and Young, provides for the first preliminary ruling on the notion of “gun-jumping”. The third section deals with Article 14(3) and the fining methods on mergers. By reviewing each of these five cases, it is important to address factors taken into consideration when imposing fines. An obvious deficiency is the absence of a legal basis, regardless of whether manifested in hard or soft law. Here it is relevant to inquire in what manner the EC imposes fines and why it occasionally mirrors the fining guidelines applicable to other pillars of EU Competition Law. The last point to be addressed is the one of policy and the need to balance EC discretional powers and relevant legal principles such as legal certainty, equal treatment, transparency, and consistency.3 The fourth section provides for concluding remarks.