Legislative Process Research Articles

Legal nature and signs of the international legal order

Characterizing the international legal order as an object of criminal law protection, it is possible to single out the following social relations that are under the protection of criminal law: 1) relations to ensure friendly relations between nations based on the principle of equality and self-determination of peoples; 2) relations to ensure the effectiveness of the prohibition of war as a means of state policy; 3) relations regarding international cooperation in the field of common interests of mankind. On the basis of the above, it can be concluded that the international legal order as an object of criminal law protection is a complex and multifaceted phenomenon that also encompasses the peace and security of mankind, although it is narrower in content than the international legal order as an international legal category. Based on the above, it can be concluded that the international legal order is a complex and multifaceted phenomenon that encompasses the principles of international legal personality and the international law-making process, international relations, international cooperation, human rights protection systems and means of resolving international disputes, as well as the principles international legal responsibility. In this context, the question arises as to whether all the specified aspects are covered by the international legal order as a category of international law, and by the international legal order as an object of criminal law protection. In particular, if we assume that the international legal order as a category of international law and as an object of criminal legal protection coincide in content, then in this case the international legal order will actually absorb other meaningfully related objects of criminal legal protection - the peace and security of humanity, which, as follows from the provisions of the UN Charter, are integral parts of the international legal order.

Computer Network Design and Applications for West Java Legislative Elections

Legislative elections or Pileg are an annual schedule that is routinely held in Indonesia for five years. The concept of technology 4.0 has a huge opportunity to be applied in the legislative election process in this modern era. Legislative elections that use digital devices connected in such a way have more advantages than legislative elections that use conventional methods. The application of technology 4.0 in legislative elections has advantages in terms of effectiveness, data processing speed, and costs. The design of the legislative election system is made using a network where each polling station will be provided with one server to accommodate votes at the polling station. Then the server synchronizes the data to a central server to calculate the final results obtained. The server is built using the text-based Ubuntu Linux operating system. The application used is web-based, with the programming languages used being HTML, PHP, CSS, and Javascript. The test data shows that the time required for the system to complete each stage of the legislative election process is relatively faster than conventional legislative elections. So it can be concluded that the design of the legislative election system has met the requirements to accelerate the legislative election process. This research uses an SDLC system with a prototype model. Tests are carried out using BlackBox testing to test the suitability of the application with application access.

The Right to Oncological Oblivion: A Legislative Response to Cancer Survivor Discrimination in Italy.

Despite the increasing efficacy of modern medicine in diagnosing and treating cancer, survivors often face discrimination in employment, economics, insurance, and society. Law no. 193/2023, also known as the "Oncological Oblivion Law", aims to provide an initial legislative response to discrimination against cancer survivors in Italy. After defining oncological oblivion in Article 1, the Law provides, in Articles 2, 3, and 4, directives to prevent discrimination against cancer survivors in the area of access to banking and insurance services, adoption procedures and access to or retention in employment. The aim of this work is to illustrate the content and the critical aspects of the recent Law 193/2023 in the landscape of European directives. The legislative process at the Chamber of Deputies and the Senate of the Italian Republic has been retraced through the consultation of preparatory works and bills registered on institutional databases. Law 193/2023 represents the first initiative in Italy aimed at the recognition of the right to oncological oblivion, not only in access to banking and insurance services as in other countries, but also in adoption, employment, and re-employment. Our opinion piece highlights the need for further clarification and expansion to prevent discrimination and protect the social-work-relational rights of people who have been affected by oncological diseases.

Passing the Sexual Violence Crime Law in Indonesia: Reflection of a Gender-Sensitive Parliament?

After a decade of deliberation, the draft sexual violence eradication bill was finally passed by the Indonesian parliament on 12 April 2022, enacted as the Sexual Violence Crime Law (<em>Undang-Undang Tindak Pidana Kekerasan Seksual</em>). The draft, which was first initiated by the National Commission on Violence Against Women (<em>Komnas Perempuan</em>) and later adopted as a parliamentary initiative, sparked controversy both inside and outside parliament. This article aims to describe the law-making process and identify the critical actors and acts as well as institutional responses that led to the passing of the law. It considers whether the experience can be interpreted as a reflection of a gender-sensitive parliament. Using a qualitative research approach, we identified critical actors and various responses from the parliament as an institution in responding to the dynamics of resistance and encouragement for the draft law to be passed. Our research material consists of interviews, news articles, and official document data. We found that critical actors and actions are key in the law-making process along with strong political will and collaboration between lawmakers, government representatives, civil society organizations, and the media, but the passage of this legislation alone does not fulfill the full requirement of a gender-sensitive parliament.

Revitalising Indigenous Rights Participation in Mining Lawmaking Process: Evaluation and Proposal for Indonesia

Revitalising Indigenous Rights Participation in Mining Lawmaking Process: Evaluation and Proposal for Indonesia

Reform proposal "Occasional surgical oncology" : Medical strategic analysis and ramifications of the draft bill within the framework of the Hospital Treatment Improvement Act (KHVVG) from the perspective of a university hospital

Cancer remains the second most common cause of death in Germany. Performance management and specialization concepts in medicine have the potential to positively influence the care and chances of survival of patients. From the perspective of the University Hospital Freiburg (UKF), the legislative initiative within the framework of the Hospital Treatment Improvement Act (KHVVG) results in anumber of medical strategic implications. This article explains and discusses the background, objectives and contents of the reform project "Occasional surgical oncology" and provides perspectives on strategic fields of action. Analysis and interpretation of the draft of the Act for improvement of the treatment quality in hospitals and on the reform of the remuneration structures (Federal Government draft act). From the point of view of the UKF hospitals should engage in cooperative discussions with neighboring hospitals at the earliest opportunity to shape regional healthcare with the goals of mapping the local allocation of oncology patients for optimal treatment, mitigating the loss of patients at affected locations and preparing for patient growth at facilities that will continue to provide treatment in surgical oncology. The ongoing legislative process and the fact that areliable analysis of relevant treatment areas will be possible for hospitals in the first half of 2025, presents particular challenges for hospitals and the strategic planning of activities. The gaps in the bill presented in this article should be urgently addressed to avoid undermining the project's goals and to support the hospitals remaining in the healthcare system in their preparations.

Fungsi Legislasi Dewan Perwakilan Daerah dalam Pembentukan Undang-Undang

Legislation function owned by DPD is still limited, it shows the weak position and role (position and function) of DPD when compared with DPR. DPD does not have the authority to form laws together with DPR and the President and has no authority in setting the state budget. The formulation of the problem in this study are: (1) How is the legislative function of the House of Regional Representatives in the formation of the Act? (2) What is the ratio of the legislative function of the House of Regional Representatives that is different from the House of Representatives? This research is a normative juridical research which can be interpreted as a library legal research conducted based on literature or secondary data. In other words, this research is library research (library reseach), meaning that this research is conducted by reading works related to the issues to be studied and then containing a study of the research. The results of research and discussion show that: (1) The legislative function of DPD has a major role in the formation of the Act at the stage of discussion and ratification. At the discussion stage, although its participation is limited to level 1, DPD provides input and consideration of the bill relating to regional autonomy, central-regional relations, and management of economic and natural resources. Furthermore, at the stage of ratification, a joint agreement between DPR and the President strengthens the status of the bill into law. Although DPD can provide input and consideration of some bills, the final decision remains in the hands of DPR. This confirms that the main role of DPD is more as an advisory body in the legislative process. DPR has greater power than DPD in the formation of the Act, with the authority to take the final decision. Thus, although DPD has an important role in certain aspects of the formation of the Act, the main power and final decision remains with DPR. (2) Comparison of legis ratio between DPD and DPR has different representation. DPD represents the interests of the region directly, while DPR represents the interests of the people through political parties. DPD is present to accommodate regional aspirations that are not always represented by DPR. This reflects that the legislative role of DPD has significant limitations. DPD should function as a mechanism of checks and balances in Indonesia's bicameral system. However, due to its limited authority, the implementation of this function has not been optimally realized. Thus, although DPD has an important role in representing regional aspirations, the differences in authority and rights between DPD and DPR cause their position to be unbalanced in the legislative process.

Enforcement of international sanctions as the third pillar of the anti-money laundering framework. An unannounced effect of the AML reform and the Sanctions Directive

The recently adopted Sanctions Directive harmonises definitions and penalties for violations of restrictive measures with the aim of ensuring that criminal law can be used to enforce international sanctions in the European Union. It has also made violations of restrictive measures a predicate offence of money laundering. In parallel, the anti-money laundering (AML) framework is undergoing a significant reform, which includes the adoption of the first AML Regulation (previous legal acts being directives) containing AML duties of obliged entities as well as the establishment of an EU AML Authority. Also, for the first time, due diligence obligations as regards international sanctions will be included among these duties. The combined reading of the Sanctions Directive and the AML Regulation indicates that those duties will be even greater, which will have an outstanding impact on obliged entities, in particular of the financial sector. In fact, the extent of those obligations would justify calling enforcement of sanctions the third pillar of the AML framework. Yet, this aspect – and its consequences – remained fully under the radar of the legislative process. The objective of this article is, first, to examine the role of the AML framework in the enforcement of international sanctions, especially after the Sanctions Directive and the AML Regulation start to be applied and, second, to analyse the impact of including enforcement of international sanctions in the AML framework, on the entities subject to its duties and other actors affected by this framework.

Legal mobilization dilemmas in the Nordics - an autoethnographic reflection on the role of scholars in the asylum commission.

The present article investigates key dilemmas in collective legal mobilization initiatives in the field of asylum and migrants' rights. Focusing on my own experiences from working in the Asylum Commission - a trans-sectional mobilization initiative that ran in Sweden from 2019 to 2022, involving researchers, civil society representatives, and professionals - I analyze two central dilemmas that characterized our work. First, I consider how we collectively struggled for the legal right to asylum and through this struggle also reproduced injustices and potential border control harms which are embedded in asylum regulations. Second, I analyze how the Commission strived to provide a knowledge-based account of the consequences of legislative changes post the long summer of migration in 2015 that would have an impact on future legislation, while simultaneously taking an open stand in solidarity with people who were excluded from the legislative process; i.e., asylum seekers. The article underlines the need for sociolegal research that highlights ways to address dilemmas in legal mobilization work and offers empirical insights from collective mobilization for migrants' rights in a Northern European country.

Cross-Border Data Transfer between the gcc Data Protection Laws and the gdpr

Abstract This article explores the procedures related to data protection laws in the Gulf Cooperation Council States (gcc) and the European Union (EU) regarding the General Data Protection Regulation (gdpr). It draws conclusions about the rules governing the transfer of personal information outside of a country. Transfers of personal data to foreign countries or international organizations are discussed, specifically, transfers based on an ‘adequacy’ judgment, or transfers subject to suitable protections. The article also highlights the primary modifications made to safeguard the outbound transmission of personal information in the EU and the gcc states. The article shows that the gcc nations are concerned about protecting citizens and residents’ personal information and that there is room for development in the legislative process regarding the improvement of personal data protection regulations.

Critical Actors and the Challenges in Mainstreaming Gender in Taiwan’s Parliament

Taiwan is currently Asia’s leader in gender equality on three indicators: Its national legislature comprises 42 percent women, the largest proportion among all Asian countries; it was the first Asian country to legalize same-sex marriage; and it has a popularly elected woman president not from a politically established family. Despite these advances, efforts to make Taiwan’s parliament gender-sensitive has encountered constraints. While new institutions were created to make the parliament a more gender-friendly workplace, little progress was made regarding gender mainstreaming in the legislative process. This article points out that parliamentary parties are missing actors in gender mainstreaming. The article concludes that unless all constitutional branches practice it, gender mainstreaming as a state strategy to promote gender equality remains challenging.

Способствуют ли новеллы УПК РФ укреплению авторитета судебной власти?

The article is devoted to the study of novelties in normative regulation of judicial activity in criminal proceedings. The period from the end of 2022 to the end of 2023 is taken. The issues of drafting and pronouncing a verdict, the digitalisation of judicial activity, and the timing of judicial response to violations of the law are being considered. The study confirms the tendency in the legislative process to replace the legal essence with procedural formality and concludes that a threat to the authority of the judiciary is hidden in the novels.

The moral accounting of debts: productivity, deservingness and the consensual creation of Chapter XIII bankruptcy

Abstract Chapter XIII’s wage-earner payment plans are now the default form of personal bankruptcy in the USA. During the Great Depression, it was created as a voluntary choice and enacted with unanimous legislative support. Absent conflict between creditors and labor and social reformers, legislators agreed that Chapter XIII was for the benefit of both honorable insolvents and their fair creditors. How did wage-earner payment plans emerge out of a consensual legislative process? Employing a computational abductive approach on a wide range of legislative, media and bankruptcy records, I show that Chapter XIII’s creation was facilitated by a ‘moral accounting’ that, based on their race and gender identities, positively evaluated most White men bankruptcy petitioners as ‘deserving’, even as it recognized occupational variations in their economic ‘productivity’. This study highlights how racial discourses of ‘deservingness’ are central to the construction of credit markets as part of America’s submerged welfare state.

Overview of the legislative process regarding telework

Overview of the legislative process regarding telework

CRIMINAL LAW REFORMS IN RECENT TIMES: ISSUES AND CHALLENGES

Criminal law is basically a fundamental part of the judiciary system, which protects society and upholds justice. The main purpose of this law is to maintain social order and rehabilitate offenders. Ensures to protection of the rights of individuals and maintains rules regarding illegal and legal behaviour. In India criminal law protects citizens and improves overall justice delivery. The new criminal laws especially emphasize the human rights of the citizens and provide effective outcomes for victims. The modification and introduction directly contribute towards reducing the crime rate and ensuring India's justice system becomes more robust and simple. The importance of reforms and changes in the proper legislation process highlighted the fact that the existing laws are specially backdated. A certain colonial Era is directly reflected in the Justice system. Several old laws in the section have become irrelevant and undoubtedly delay the overall justice system. However, there is a certain concern which can reflect the criminal law reforms in India. Misuse of power by certain authorities and inappropriate implementation can cause severe consequences. The criminal law has been amended many times which enables a legal framework to maintain societal changes and emerging challenges along with technology advancement. When the criminal justice system came to deliver justice by mitigating delay and compliance it created a fair justice system for communities and people. The idea of reform of criminal law mainly emphasizes victim empowerment, modernized evidence rule and many more. Also, certain areas needed to be addressed such as accountability, transfer, privacy, freedom of speech, the potential for abuse and interpretation and implementation challenges. Recent significant criminal law reforms in India here will be discussed and challenges or issues will be identified properly. Bharatiya Nyaya Sanhita (BNS) replaced the Indian penal code (IPC) and mostly aimed to influence the severity of punishment and criminal offences. Bharatiya Nagarik Suraksha Sanhita (BNSS) is a modified version of the Code of Criminal Procedure (CrPC) which focuses on victim protection and streamlining investigations. The Latest version of the Indian Evidence Act is Bharatiya Sakshya Adhiniyam (BSA) which incorporates forensic advancements and digital evidence. Those laws have been implemented with several challenges and issues but they also foster the judiciary system of India. These new laws effectively prioritize victims' rights and developed Updater support mechanisms for them also simplify the legal processes by reducing delays.

Payment Methods for Palliative Care in China: Current Status, Challenges, and Countermeasures

With the accelerated aging of the population and the subsequent increase in cancer incidence, the development of palliative care services has gradually become a societal hotspot. By analyzing the existing issues in payment methods for palliative care in China, such as unreasonable division of payment standards, incomplete coverage of beneficiaries and services, and difficulties in ensuring equity in palliative care benefits, this paper further proposes that the government should expedite the legislative process, improve top-level design, promote the inclusion of palliative care within the scope of long-term care insurance, enhance the cross-regional settlement system, and increase auxiliary services and social support.

The importance of physician engagement in healthcare policy and advocacy

Advocacy is a key component to a physician's practice; we advocate on behalf of our patients daily. As important as those efforts are, it is equally important that physicians are engaged in health care policy and advocacy on the state and federal level, where decisions are made that can directly impact a physician's ability to care for patients. This article summarizes the importance of physician engagement in these activities, looking at both the legislative and regulatory processes. It reviews how both interact with one another, and the impact it has on the patient-physician relationship. Finally, this article reviews ways in which physicians can easily get involved with advocacy, including providing resources available to assist those who never participated in these efforts before.

Digitizing Law-Making at Federal Executive Agencies

With digital technologies gaining ground in all spheres of life across the world, the digitization is becoming especially relevant, only to require in-depth technical and legal analysis. Current digital development of public administration in Russia calls for a change of approach to drafting and фadoption of regulations. Today’s technologies are expected not only to make sure that regulation is timely and complete, but that it is as efficient as possible in view of an enormous and ever growing number of tasks, as well as non-controversial and comfortable for all those involved in the law-making process. Annually the Justice Ministry and its territorial offices receive about 1 million draft regulations for anti-corruption and legal review and state registration at the relevant level. It is exactly for this reason that this paper purports to conduct a comprehensive analysis of digitization processes affecting law-making at federal executive agencies using the example of the state information system “National shared environment for collaboration between the parties to the law-making process” (SIS Normotvorchestvo) and to identify operational problems. The study aims to explore the current operational status of the system, analyze issues and constraints related to digitization of law-making, identify potential advantages and benefits to be gained via digitization, and to discuss further prospects. The methodological basis of the research includes formal legal method of inquiry as well as logical method allowing to present findings and draw conclusions; methods of analysis and synthesis; comparative legal method.

Gender politics in Costa Rica: from descriptive to substantive representation

ABSTRACT Costa Rica is a democratic exemplar, having maintained a critical mass of female legislators over two decades and approached gender parity in political offices; thus, it is a useful context for examining theories of change for gender representation. We use process-tracing to track the evolution of descriptive representation and examine when and how critical actors affect the legislative process in Costa Rica. We evaluate the extent to which critical mass representation has advanced substantive gender representation—the adoption of legislation favorable to women’s interests—through case studies of the 2020 law on street sexual harassment, and the 2022 law on violence against women in politics. We find that greater descriptive representation provides a pivot point for substantive representation, although critical actors in the form of key legislators and women’s organizations provide the necessary agency for legislative successes. The case study contributes to both theories and methods for understanding how descriptive representation and substantive representation interact in the democratic legislative process.

The doctor vote: Interactions between political ideological preferences and healthcare reform strategies among U.S. physicians

IntroImproving the American healthcare system has consistently predominated the domestic policy agenda in the United States for decades. However, physicians have traditionally played a small role in the U.S. legislative process despite their direct observations of the obstacles that cost, access, and quality can have on their patients and their care. The goal of this study was to examine the relationship between physician political ideological preferences and health policy reform options. MethodsWe conducted a cross-sectional survey of 3,001 currently practicing U.S. physicians to predict how self-identification as liberal, moderate, or conservative impacted a physician’s policy preferences under the domains of cost, access, and quality. ResultsA total of 536 (18.8%) out of 3,001 physicians responded to the survey. Overall, 32% of physicians identified as liberal, 43% as moderate, and 22% as conservative. ConclusionLiberal-identifying physicians favored traditionally liberal reform ideas (a national health plan or public option), while conservative physicians preferred conservative policies (free market optimization). However, variation within political groups and domains of healthcare suggest that no single reform policy will be unanimously supported by every physician within a political group. Nonetheless, physicians are unanimously dissatisfied with the state of our current system, and physician-supported healthcare reform should be a national priority.