Legislative Revision Research Articles

Critical Analysis Of Law No. 30 Of 1999 On Arbitration And Alternative Dispute Resolution Related To The Potential Development And Implementation Of Online Arbitration

This paper critically examines the relevance of Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution in the context of online arbitration. With the rapid growth of e-commerce and the increasing reliance on technology for dispute resolution, the legal framework governing arbitration in Indonesia has become outdated. While various arbitration institutions, such as BANI and the ICC, have adopted online arbitration processes, the existing legislation fails to accommodate these developments. This research highlights the potential legal uncertainties that arise from the lack of provisions for online arbitration in the current law and underscores the need for immediate legislative revisions. By analyzing relevant legal norms and the implementation of electronic arbitration regulations, the study aims to provide insights into how the law can be modernized to better serve the needs of contemporary dispute resolution practices in the digital age.

Going beyond the Council as brake of EU energy policy: Analysing the internal process of the Council in the recast of the Energy Performance of Buildings Directive

The Council is the voice of the member states' governments in the EU policymaking process and the institutional setting where member states can enforce their national interest. The literature on Council decision-making has previously mostly used expert interviews or voting patterns. Through a detailed examination of one specific legislative file in the recent ‘Fit for 55’ climate package in which subsidiarity and varying national conditions is central, this study focus on how disagreements between member states are resolved and how strategic word framing can aid in resolving political controversies in EU energy policy. This article analyses Council working group meeting notes and revisions of the recent recast of the Energy Performance of Buildings Directive, providing a unique look behind the curtains of negotiations between member states in the Council within a deliberative intergovernmental framework. A mix of quantitative and qualitative text analysis is applied to deliberations and legislative revisions. The findings show that a fragile consensus is reached despite disagreement through enabling of national flexibility in policy decisions, indicating that the Council determines the speed of European integration in the policy domain.

Strengthening open disclosure in maternity services in the English NHS: the DISCERN realist evaluation study.

There is a policy drive in NHS maternity services to improve open disclosure with harmed families and limited information on how better practice can be achieved. To identify critical factors for improving open disclosure from the perspectives of families, doctors, midwives and services and to produce actionable evidence for service improvement. A three-phased, qualitative study using realist methodology. Phase 1: two literature reviews: scoping review of post-2013 NHS policy and realist synthesis of initial programme theories for improvement; an interview study with national stakeholders in NHS maternity safety and families. Phase 2: in-depth ethnographic case studies within three NHS maternity services in England. Phase 3: interpretive forums with study participants. A patient and public involvement strategy underpinned all study phases. National recruitment (study phases 1 and 3); three English maternity services (study phase 2). We completed n = 142 interviews, including 27 with families; 93 hours of ethnographic observations, including 52 service and family meetings over 9 months; and interpretive forums with approximately 69 people, including 11 families. The policy review identified a shift from viewing injured families as passive recipients to active contributors of post-incident learning, but a lack of actionable guidance for improving family involvement. The realist synthesis found weak evidence of the effectiveness of open disclosure interventions in the international maternity literature, but some improvements with organisation-wide interventions. Recent evidence was predominantly from the United Kingdom. The research identified and explored five key mechanisms for open disclosure: meaningful acknowledgement of harm; involvement of those affected in reviews/investigations; support for families' own sense-making; psychological safely of skilled clinicians (doctors and midwives); and knowing that improvements to care have happened. The need for each family to make sense of the incident in their own terms is noted. The selective initiatives of some clinicians to be more open with some families is identified. The challenges of an adversarial medicolegal landscape and limited support for meeting incentivised targets is evidenced. Research was conducted after the pandemic, with exceptional pressure on services. Case-study ethnography was of three higher performing services: generalisation from case-study findings is limited. No observations of Health Safety Investigation Branch investigations were possible without researcher access. Family recruitment did not reflect population diversity with limited representation of non-white families, families with disabilities and other socially marginalised groups and disadvantaged groups. We identify the need for service-wide systems to ensure that injured families are positioned at the centre of post-incident events, ensure appropriate training and post-incident care of clinicians, and foster ongoing engagement with families beyond the individual efforts made by some clinicians for some families. The need for legislative revisions to promote openness with families across NHS organisations, and wider changes in organisational family engagement practices, is indicated. Examination of how far the study's findings apply to different English maternity services, and a wider rethinking of how family diversity can be encouraged in maternity services research. This study is registered as PROSPERO CRD42020164061. The study has been assessed following RAMESES realist guidelines. This award was funded by the National Institute for Health and Care Research (NIHR) Health and Social Care Delivery Research Programme (NIHR award ref: 17/99/85) and is published in full in Health and Social Care Delivery Research; Vol. 12, No. 22. See the NIHR Funding and Awards website for further award information.

How the risk principle reduces recidivism: The impact of legislative revisions on the release and reoffense rates of individuals convicted of sexual offenses.

How the risk principle reduces recidivism: The impact of legislative revisions on the release and reoffense rates of individuals convicted of sexual offenses.

A Critical Analysis of Void Agreement Under Indian Contract Act and Navigating Its Implications

This research paper goes into the complexities of contract law, with a primary focus on Void Agreements under the Indian Contract Act of 1872. It covers the idea, legal context, and effects of void agreements, as well as how to navigate legal challenges and current legislative modifications. This study attempts to give a nuanced knowledge of void agreements and their repercussions on contractual relationships by conducting a complete examination of literature, case studies, and comparative studies with international contract law. The introduction of the article provides a summary of the Indian Contracts Act of 1872, as well as the basic definitions and features of Contracts, Void Agreements, and so on. The study design focuses on providing a concise description of the research purpose, objectives, methodology, research questions, scope, and limits. The Review of Literature analyses and describes the various websites, articles, and blogs that were used in this research to delve into the various perspectives and aspects of the main topic. It includes the key contents of each website, as well as the possible conclusion and key findings. Beginning with a review of contract law in India, it dives into the fundamentals of valid contracts, types of contracts, and invalid agreements, illuminating their definition, features, and major legal clauses. This research provides practical insights into contract nullification, restitution, and the impact on concerned parties by thoroughly examining numerous grounds for voidability and conducting individual case analyses. Furthermore, it addresses legal issues related to void agreements and offers a comparison analysis with foreign contract law frameworks. This study intends to contribute to a more sophisticated understanding of void agreements and their implications in contractual partnerships by reviewing recent legislative revisions and making relevant proposals for future legal reforms. The conclusion highlights the research's primary results and ideas, as well as all of the subsections written throughout the study. The report concludes with some recommendations for future legislative revisions regarding void agreements based on the research findings. The last section, which includes the bibliography and references, gives a list of all sources cited throughout the work, using the relevant citation style requirements.

Re-examining the compatibility of US fair use with Korean copyright law: challenges and suggestions for Korean fair use

Abstract Korea introduced the fair use provision into the Korean Copyright Act following the model of the US system. Despite its adoption into the Korean Copyright Act, it has not been significantly relied upon by the courts of Korea. This article asserts that strong and robust fair use is crucial for achieving the objectives of Korean copyright law, which is a cultivating culture through copyright protection and facilitating the fair use of copyrighted works. Particularly important in the digital era, fair use serves as a pivotal tool for adapting the copyright system to rapid technological changes. Taking a legal transplant theory perspective, this paper evaluates the process of transplanting US fair use into Korean copyright law. It contends that the oversight of essential considerations during this process has led to a lack of balance between certainty and flexibility in Korean fair use. Following this analysis, this article offers recommendations to refine Korean fair use within the context of successful legal transplants. These recommendations will cover legislative revision, the roles of the courts and the involvement of legal experts to enhance legal certainty, ensure appropriate flexibility, and ultimately, promote the widespread use of Korean fair use.

A Critical Assessment of the Effectiveness of Law of Intestate Succession in Masaka District of Uganda

This study critically assessed the law of intestate succession in Masaka district of Uganda, with the aim of inspiring Ugandan authorities to create a special legal structure to govern the law of intestate succession. The study secondarily sourced its data from textbooks, journals, online blogs and statutory books. At the end, calls for the law to specify the maximum number of executors for a given portion of the deceased's assets. Additionally, the legislative revision should empower the High Court to replace an incompetent executor with an administrator. Retraction of a probate renunciation for particular circumstances should be considered in the legislative amendment. The legislation should be amended to allow rapid remedy if a beneficiary or other interested party proves the grantee breached duty, was fraudulent, or inefficient in estate management. The legislative modification should shield the estate from distribution before letters of administration and probate. Amendments to the statute should expand the avenues for grant revocation, such as application by an interested party and Administrator General Intervention. The government and civil society should develop initiatives to strengthen the administrative system for managing the estates of deceased individuals. Finally, law penalties should be modified to reflect contemporary socio-economic situations and reflect a punitive posture. Keywords: Assessment, Intestate, Succession law, Testate, Will.

LEGAL ANALYSIS OF INDONESIA’S DECISION TO RELOCATE ITS CAPITAL TO EAST KALIMANTAN

<p>The relocation of the capital city of Indonesia from DKI Jakarta to East Kalimantan has been a major focus since it was announced by President Joko Widodo on August 16, 2019. This decision is rooted in population density, efforts for economic equality, and balanced development. This article deeply analyzes the driving factors and impediments behind this relocation, summarizes Indonesia's constitutional system perspective regarding the plan, and evaluates the feasibility of Indonesia in executing the capital city's relocation. This decision also has stirred varied responses in society, prompting the urgency for appropriate legislative revisions or even a referendum to ensure the right decision, impacting public trust. Using the literature review research method, this article extracts information from various legal sources such as books, journals, and related articles. A descriptive approach is employed to provide a systematic overview of the research object. Despite the pros and cons surrounding this relocation, the government has ratified Law No. 3 of 2022 concerning the State Capital to proceed with the plan.</p><p>Keywords: Law, Capital City, Constitutional System, Public trust, Disaster</p>

The Medicinal Phage-Regulatory Roadmap for Phage Therapy under EU Pharmaceutical Legislation.

Bacteriophage therapy is a promising approach to treating bacterial infections. Research and development of bacteriophage therapy is intensifying due to the increase in antibiotic resistance and the faltering development of new antibiotics. Bacteriophage therapy uses bacteriophages (phages), i.e., prokaryotic viruses, to specifically target and kill pathogenic bacteria. The legal handling of this type of therapy raises several questions. These include whether phage therapeutics belong to a specially regulated class of medicinal products, and which legal framework should be followed with regard to the various technical ways in which phage therapeutics can be manufactured and administered. The article shows to which class of medicinal products phage therapeutics from wild type phages and from genetically modified (designer) phages do or do not belong. Furthermore, the article explains which legal framework is relevant for the manufacture and administration of phage therapeutics, which are manufactured in advance in a uniform, patient-independent manner, and for tailor-made patient-specific phage therapeutics. For the systematically coherent, successful translation of phage therapy, the article considers pharmaceutical law and related legal areas, such as genetic engineering law. Finally, the article shows how the planned legislative revisions of Directive 2001/83/EC and Regulation (EC) No 726/2004 may affect the legal future of phage therapy.

Nurse prescribing and dispensing in South Africa: Gaps in the current legislative framework.

Nurse prescribing and dispensing are central to ensuring universal health access in South Africa. To describe the historical development of the legal enablements of nurse prescribing and dispensing in South Africa and highlight gaps in the current legislative framework. This is a discussion article. We emphasise significant deficiencies in the current legislative landscape that pose challenges to these vital nursing practices and call for urgent revisions of the legislative framework, particularly the revision of Section 56 of the Nursing Act (33 of 2005) and its related regulations, to formalise authorisation of specialist nurse prescribers in public and private practice. This will also entail an application to the South African Health Products Regulatory Authority (SAPHRA) for the scheduling of substances by authorised nurse prescribers in the defined professional nurse and specialist nurse categories by the Minister of Health. There is a necessity for prompt legislative revisions to address identified deficiencies. The contribution of this article lies in its advocacy for changes to the regulatory framework to further enable nurses to deliver safe and comprehensive health care.

Human Rights Implications Of Minimum Age For Criminal Liability Laws In Sexual Offenses: A Case Study Of India

The abuse of children sexually is a terrible worldwide problem that leaves victims with lifelong scars. In order to ensure justice and deter similar acts, legislative frameworks are essential. Balancing this objective with the evolving rights and autonomy of teenagers poses a significant challenge. With an emphasis on India's Protection of Children from Sexual Offences Act, this study examines the human rights consequences of minimum age requirements for criminal liability laws pertaining to sexual offences. POCSO establishes 18 as the minimum age of consent for all sexual activities, which has raised concerns about the possible infringement of teenage rights, such as the freedom from unjustified arrest and imprisonment, privacy, bodily autonomy, and access to knowledge about sexual and reproductive health. The conflict between teenage rights and child protection is examined in the paper. This study examines how teenagers' ability to give consent is developing, as well as how criminalising any sexual behaviour under the age of 18 may violate their right to autonomy. International comparisons show how different countries handle this complicated topic and how their minimum age regulations vary. A human rights-based strategy for POCSO reform is put out in this study. In order to distinguish between consensual sexual behaviour between adolescents of similar ages and exploitative abuse, this study involves investigating the possibility of a tiered age of consent system. Furthermore, it is suggested to prioritise preventive interventions through detailed sexual education programmes for setting explicit rules for assessing capacity to consent. The necessity of open communication, stakeholder participation, and ongoing legislative revision is emphasised in the conclusion of the paper. India may develop a more effective framework for preventing child sexual abuse while defending the rights and welfare of all young people by giving human rights a higher priority.

재난안전법에 있어서 국가핵심기반 제도 도입과정의 법적 고찰

Over the past two decades since the National Core Infrastructure legislation was introduced, substantial progress has been made in various related legislations, such as those governing Critical Infrastructure and National Infrastructure, leading to the development of a more refined legal framework. However, there are still uncertainties regarding the extent of legal completeness embodied in the current definition of National Core Infrastructure. Evaluating how well the objectives of these legislative revisions have been or can be achieved, especially in comparison to existing terms like National Infrastructure, is crucial. This necessity stems from the fact that the legislative process for the National Core Infrastructure was carried out with no discussions on its legal nature or functions at key committees like the Administrative Security Committee or the Legal Affairs and Judiciary Committee. This study aims to scrutinize the objectives underlying the establishment of the National Core Infrastructure Act and identify challenges, limitations, and potential improvements in the current operation of South Korea's National Core Infrastructure legal system.국가핵심기반, 재난안전법, 입법과정, 국가기반시설, 국가기반체계

Insight into the Digital Health System of Ukraine (eHealth): Trends, Definitions, Standards, and Legislative Revisions.

This article aims to provide an in-depth examination of the digital health system of Ukraine, focusing on the emerging trends, precise definitions, established standards, and recent legislative revisions that shape the practice and implementation of eHealth solutions within the country. The digital health landscape in Ukraine has witnessed significant transformations, especially in the wake of the COVID-19 pandemic and subsequent military conflicts. These events have catalyzed the expansion of telemedicine services, leading to innovative approaches in healthcare delivery. The national strategy underscores the necessity for human-centric and accessible telemedicine, reinforced by technological neutrality, and harmonization with global standards. A review of the current literature, national strategies, and legal documents was conducted, alongside an analysis of data usage and service provision patterns in various Ukrainian regions. Participation in the "Science for Safety and Sustainable Development of Ukraine" competition facilitated project initiatives like the development of a cloud-based platform for patient-centered telerehabilitation for oncology patients. The utilization of telemedicine has significantly increased in conflict-affected regions, demonstrating the need for, and the effective deployment of, digital health strategies under crisis conditions. Private health facilities and entrepreneurs have been pivotal in the provision of telemedicine services. Legislative efforts have been geared toward framing telemedicine as an integral component of the national eHealth system, ensuring interoperability, and aligning with international standards and the Internet of Medical Things (IoMT). The findings underscore the resilience and adaptability of the Ukrainian healthcare system in the face of adversity. There is a clear trend towards a more integrated, patient-focused, and technologically advanced healthcare model, aligning with international trends and prioritizing public health goals over private profits. This progress, however, is contingent upon continuous development, investment in technological infrastructure, and legislative support to sustain and advance digital health initiatives.

Advocacy of Criminal Justice Restrictions

Under the influence of the current positive view of criminal law, China's criminal legislation actively participates in social governance, and the activities of legislative revision in the late past have shown the characteristics and trends of misdemeanor legislation and the expansion of the crime circle. This indicates, on the one hand, the proactive nature of the initiation of state penal power and, on the other hand, the need to be alert to the potential impact of legislative expansion. Therefore, a balance must be struck at the level of criminal justice, guided by the idea of protection of legal interests, using the method of substantive interpretation to determine the elements of crime, and adhering to the principle of modesty of criminal law, in order to avoid formal criminalization, resulting in the judicial criminalization of undue expansion of criminalization.

국내 문화유산 기후변화대응 정책동향과 대응기반구축을 위한 과제

This study analyzes the current policy of responding to climate change in the cultural heritage sector and proposes a plan to establish a climate change response system for cultural heritage in Korea. First, we analyzed the existing climate change responses in domestic and foreign research. We then analyzed foreign cultural heritage climate change response policies, focusing on keywords derived from previous research, and compared them with current domestic policies. Finally, a plan for establishing cultural heritage is proposed for a climate change response system. We propose legislative revisions, management guidelines, and improved management systems to reorganize the existing cultural heritage system. To establish governance, we propose establishing a response organization, forming governance composed of various stakeholders, and advancing a cooperative system. To secure financial resources for climate change, a climate change response fund and greenhouse gas reduction recognition budget system for cultural heritage are proposed. Establishing research and technology development strategies for climate change adaptation was proposed to support research and technology development. To raise education and awareness, we propose promoting climate change education, fostering professional competencies, and spreading awareness of climate change responses to cultural heritage through publicity and participation. As the impact of climate change on cultural heritage has increased, establishing specific measures for cultural heritage to adapt to and mitigate climate change is essential. This study provides basic guidelines for future cultural heritage policy establishment in response to climate change.

Иные меры уголовно-правового характера: отражение в современной уголовной политике

Introduction: Other measures of criminal-legal nature at the present stage act as auxiliary means in relation to the main form of implementation of criminal responsibility - punishment. However, this approach is not justified and should be reconsidered. Not only the system of criminal-legal influence, but also some of its forms that have either become outdated or ineffective in the new conditions of society development, need legislative revision.
 The purpose of the study is to formulate basic proposals for improving the legislative regulation of forms of criminal legal influence in general and other measures of criminal legal nature in particular.
 The research methods are general scientific methods and methods of cognition (analysis, synthesis, induction, deduction, generalisation, comparison) and the special scientific formal-legal method.
 The results: the study of other measures of criminal legal nature in the general system of criminal legal influence provided a basis for further study of the problematic aspects of this institution. The main results of the study include proposals for: reflection of the fundamental provisions on criminal legal influence and its forms in the criminal law; revision of the system of the General Part of the Criminal Code of the Russian Federation regarding the regulation of other measures of criminal legal nature from the viewpoint of new provisions on criminal legal influence; regulation of specific issues concerning other measures of criminal legal nature in order to increase the effectiveness of criminal legal influence on persons who committed crimes.

DEVELOPMENTAL STAGES OF SPECIAL EDUCATION TEACHER TRAINING PROGRAMS IN THE UNITED STATES OF AMERICA

The article analyzes the developmental stages of special education teacher training programs in the United States of America. It was founded that for many years there were no licensing requirements or programs to train teachers to work with children with special educational needs. The civil rights movement, legislative revisions, and court cases changes in special education teacher training and service delivery models for students with disabilities. The article describes three eras of teacher training each differed from the previous one by improving conditions for children with disabilities. The first teacher training programs were started in the early 1950s and were intended for special educational and clinical institutions for children with speech and hearing impairments, mental retardation, and deaf students. In 1958, The Education of Mentally Retarded Children Act was passed and the practice of training special education teachers in colleges and universities began. In 1975, Congress passed the Education for All Handicapped Children Act. In the mid-1970s, competency-based teacher education began to operate, but scientists came to the conclusion that this practice is too mechanical and does not cover all the nuances of teacher training. In the 1990s, the Learning Behavior Specialist-1 Licensure was introduced to serve the majority of students with disabilities in state schools and the quality of teacher training was improved. As for today, every student with limited educational opportunities can be fully or partially included in general education institutions or a special school. The decision is made by the committee that develops the Individualized Education Plan or the 504 Plan.
 Keywords: special educational needs; inclusive environment; inclusion; child with special educational needs; inclusive education; state standards; special teachers; certification; licensing requirements.

주택임대차보호법상 계약갱신에 대한 입법적 고찰

In September 2020, there were amendments made to the laws related to the lease agreements. These changes include provisions that allow tenants to view the current status of their lease information. This information can be used by the lessee to claim compensation for damages if the landlord falsely refuses to renew the lease. Another change pertains to the calculation rate when converting a deposit to monthly rent. This change ensures that there is a fair and transparent calculation method that is used to determine the rent amount that should be deducted from the security deposit. Overall, these amendments aim to protect the rights of tenants and ensure that they are treated fairly under the law. These series of legislative revisions have been socially controversial, and even now, legislative debates, such as violation of the principle of private autonomy, violation of the principle of prohibition of retroactive legislation, and effectiveness, centering on the harm to the real estate market that the revised current law will cause, continue. In the case of some houses, the relationship between the tenant and the landlord has reversed as the rental price has plummeted. Even at the time of the amendment of the ｢Housing Lease Protection Act｣, from the point of view of the legislator, the lessor has always been in the position of A, but now it is changing to the position of B. From the standpoint that the harmful effects that may occur from the perspective of social equity should be removed, but if state intervention is necessary based on communal thinking, restrictions on private autonomy should be minimal to the extent necessary. This paper points out the legislative purpose of strengthening the tenant's housing right and the excessive restriction of the landlord's private autonomy due to the reverse housing lease crisis, and seeks to derive a reasonable alternative that can adjust the interests of the parties concerned. As mentioned above, except for the part that has been discussed in previous studies on the ｢Housing Lease Protection Act｣, a legislative review was conducted focusing on the matters related to contract renewal, contract termination, and win-win lessor policy under the Housing Lease Protection Act, which have recently become problematic in practice. In conclusion, contract renewal article under the current ｢Housing Lease Protection Act｣ is considered to have significantly lost the balance of rights in that unexpected damages may be caused to the lessor due to a unilateral change of the lessee. As this article is against the principle of good faith, it is necessary to delete the relevant provision.

The Right to Timely Medical Care: Mechanism of Implementation

The content of the right to timely medical care is highlighted in this article. An analysis of the national legislation in the field of timeliness of emergency, primary, and specialized medical care was carried out and its comparison was made with international standards in the specified field, as well as with the doctrinal understanding of the timeliness of medical care. While emergency medical care is built on the principle of continuity and the maximum terms for receiving this type of medical care are established, primary and specialized medical care require legislative revision with regards to establishing the maximum terms for receiving primary and specialized medical care, ensuring the continuity of primary medical care, in particular on weekends, public holidays, non-working days. The legislator should pay special attention to ensuring the timeliness of specialized medical care upon referral, as well as the patient’s right to information about the possibility of receiving timely medical care in healthcare institutions. Other deficiencies in the legal regu- lation of the right to timely medical care are identified and ways to overcome this problem are proposed.

Wind Energy Infrastructure and Socio-Spatial Conflicts

The aim of the article is to identify problems related to the siting of wind farms, both those that have arisen as a result of recent legislative revisions and those arising from social developments in Poland. In 2022 a map defining ‘exclusion zones’ around wind turbines, i.e., areas where residential development was prohibited, was released in Poland. It was only then that many territorial governments realised the scale of the problems generated by the entry into force of the 2016 Wind Farm Act. It turned out that this group of municipalities included towns that might suffer some consequences despite the fact that there are no or few wind farms in their area. The aim of this paper is to identify towns and cities where more than one quarter of the area is land within the H10 zones, where the construction of wind farms is banned, if their distance from the nearest building or from the boundary of a national park is less than ten times the height of the turbine mast. The example of the town and rural municipality of Darłowo shows that in the early phase of their construction in Poland, wind turbines were perceived positively and did not give rise to conflicts. It was only after some time, as existing wind farms started to be expanded and new ones built, that protests emerged. The arguments of the parties to the conflict focused mainly on economic considerations: profits for the municipality versus losses for the residents neighbouring the wind turbines, such as barriers to the development of agritourism. The conflicts were fuelled and prolonged by irregularities in the municipality’s planning documents and a poor flow of information about planned investments. In 2022, The Council of Ministers adopted a draft amendment to the Wind Farm Investment Act. This legislation represents a compromise between the opportunities for wind energy development and the needs of local communities.