Legal Policy Research Articles

Implikasi Pengurangan Pemakaian Plastik Sekali Pakai Terhadap Volume Sampah di TPA Suwung

The waste problem in Indonesia is getting worse, including the problem of landfills in Bali getting full every day. The waste problem is not only a matter for the government, but also for the community. The use of single-use plastics is an important thing that must be considered to find the best solution. This research aims to find out the legal policies that can help overcome the waste problem in Indonesia in general and Bali in particular. Based on this, this research will discuss how the impact of reducing the use of single-use plastics on the environment, society and its relation to storage in Suwung landfill and how the government's efforts as a policy maker in overcoming the problem of single-use plastic waste in Suwung landfill. The research method used is an empirical legal research method that uses a fact-based approach and analyzes legal concepts through social problems. The results obtained from this research are that the reduction in the use of single-use plastics provides a solution to the waste problem at Suwung Landfill so that less waste enters and if the reduction in the use of single-use plastics is applied more widely, plastic waste generation can be minimized, and regulations made by the government emphasize solutions from various aspects of the waste problem. However, many people still violate the regulations in the field.

Perlindungan Hukum Terhadap Data Pribadi Warga Negara Indonesia Berdasarkan Undang-Undang Nomor 27 Tahun 2022

Personal data is private and must be protected. The number of personal data leakage cases in Indonesia has a detrimental impact on society. The lack of comprehensive legislation has led to a lack of legal protection for data leakage cases. As a result of the many personal data leaks, the government passed the Personal Data Protection Law Number 27 of 2022. The purpose of this research is to find out the legal umbrella that protects personal data including understanding more about the legal policies regulated in Law Number 27 of 2022. This research will discuss the formulation of problems including how is the regulation of personal data protection based on Law Number 27 of 2022 and how is the legal protection of the dissemination of confidential personal data of Indonesian citizens. The method used is normative with a statutory approach. The findings reveal that legal protection against personal data leaks is already comprehensive in Law Number 27 of 2022, preventive efforts to protect personal data do not share data from the community and society also avoid illegal platforms that occur in cybercrime. While the government will conduct a compliance test for Repressive Protection Efforts in the event of a personal data leak, the sanctions contained in the Personal Data Protection Law are Criminal Provisions Articles 67, 68 and 70 which already contain fines and imprisonment.

Implementation of Indonesian Banking Legal Policy in Consumer and Creditor Protection

This article examines the implementation of Indonesian banking legal policy in the protection of consumers and creditors. The study employs a normative juridical approach to evaluate existing banking regulations and their effectiveness in practice. The primary focus is on the legal protections provided to banking consumers and creditors in cases of loan defaults and dispute resolution. The findings reveal that although Indonesia’s banking regulations have undergone several updates to enhance consumer and creditor protection, there remains a significant gap between the policies and their practical application. The article identifies several factors contributing to this gap, including insufficient regulatory oversight, the complexity of legal procedures, and a lack of consumer awareness regarding their rights. To improve protection, the article recommends strengthening the regulatory framework, enhancing the capacity of supervisory institutions, and intensifying public education on consumer and creditor rights in the banking sector.

Blockchain Technology Application and Potential in the Global Securities Trading Market

With the rapid development of financial technology, blockchain technology is gradually permeating the global securities trading market. This paper delves into the current status of blockchain technology applications in this field, covering key aspects such as trade settlement and clearing, securities issuance and trading, identity verification, and compliance management. Through detailed case studies, it powerfully demonstrates its significant reduction in settlement cycles and intermediate links, thereby improving trade efficiency; its substantial reduction in operational costs and additional expenditures due to human errors, thereby lowering costs; and its effective resistance to cyber-attacks through data encryption and tamper-proof characteristics, thereby enhancing security. At the same time, it explores the positive role of blockchain technology in improving market trust by offering transparent transaction records and reducing information asymmetry. The paper further analyzes the challenges faced by blockchain technology in the global securities trading market, including issues with technology maturity such as performance scaling and interoperability, regulatory and compliance issues such as incomplete legal frameworks and policy uncertainties, industry acceptance issues such as conservative attitudes from traditional institutions and insufficient technology popularization education, and security risks such as emerging vulnerabilities and private key management risks. On this basis, it provides a forward-looking outlook on the potential and development trends of blockchain technology in the global securities trading market in the future, including integration trends with other emerging technologies, its role in promoting cross-border transactions and financial market integration, the possibility of innovative financial products and services, and the resulting changes in market patterns. In summary, this paper provides a comprehensive and systematic study of the current status, advantages, challenges, and future development of blockchain technology in the global securities trading market, offering valuable references and insights for further development in this field.

REFUGEE STATUS AND TRANSFER TO THIRD COUNTRY: A CRITICAL APPRAISAL

The seminar paper, Refugee Status and Transfer to Third Country: A Critical Appraisal, explores the intricacies and difficulties linked to the transfer of refugees to third countries. The text delves into these transfers' legal and ethical aspects, emphasizing the possibility of diffusing responsibility and undermining refugee protection. The paper utilizes a qualitative research methodology, incorporating a thorough literature review, case studies, and document analysis to explore the legal frameworks, policy implications, and humanitarian consequences of refugee transfers. The study's findings highlight the intricate nature of refugee transfers, which aim to offer long-lasting solutions and ease the burden on frontline states but frequently encounter substantial obstacles. This study highlights the significance of strong legal and institutional frameworks, fair distribution of responsibilities, and a focus on human rights to safeguard the well-being and protection of refugees during transfer processes. The paper also emphasizes the possibility of responsibility diffusion and the politicization of refugee transfers, which can weaken the effectiveness of the international refugee protection regime. Ultimately, the paper argues for a fairer and more balanced approach to safeguarding refugees' well-being and human rights. It emphasizes the importance of upholding the dignity of refugees and fostering global collaboration and burden-sharing. There is a need to enhance legal and procedural safeguards, tackle the underlying factors that lead to forced displacement, and promote comprehensive integration programs in third countries. The study's theoretical framework and empirical analysis provide a more profound comprehension of the intricacies of refugee transfers and offer valuable insights for policymakers and practitioners involved in refugee protection.

The Intersection of Ultra-Processed Foods, Neuropsychiatric Disorders, and Neurolaw: Implications for Criminal Justice.

Over the last decade there has been increasing interest in the links between the consumption of ultra-processed foods and various neuropsychiatric disorders, aggression, and antisocial behavior. Neurolaw is an interdisciplinary field that seeks to translate the rapid and voluminous advances in brain science into legal decisions and policy. An enhanced understanding of biophysiological mechanisms by which ultra-processed foods influence brain and behavior allows for a historical reexamination of one of forensic neuropsychiatry's most famous cases-The People v. White and its associated 'Twinkie Defense'. Here in this Viewpoint article, we pair original court transcripts with emergent research in neurolaw, including nutritional neuroscience, microbiome sciences (legalome), pre-clinical mechanistic research, and clinical intervention trials. Advances in neuroscience, and related fields such as the microbiome, are challenging basic assumptions in the criminal justice system, including notions of universal free will. Recent dismissals of criminal charges related to auto-brewery syndrome demonstrate that courts are open to advances at the intersection of neuromicrobiology and nutritional neuroscience, including those that relate to criminal intent and diminished capacity. As such, it is our contention that experts in the neurosciences will play an increasing role in shaping research that underpins 21st-century courtroom discourse, policy, and decision-making.

Analysis of Existing Problems in Chinese A-share Market and Relevant Solutions

China's A-shares have developed rapidly in recent years, with huge market volume and scale, and have become an important direction for corporate financing and mass investment. There are still many problems in the A-share market, which will affect the development of the A-share market. There is a problem of slow delisting in the A-share market, which will lead to bad enterprises not being cleared in time, and the frequency of market update is not enough, which needs to be alleviated by further improving the legal system and changing policies. Some sectors of the A-share market have the problem of downward market, resulting in financing difficulties for companies in these sectors and unable to develop normally. This problem can be fixed by increasing the proportion of companies that pay dividends to attract investors. Listed companies in the A-share market may also have goodwill problems, which will seriously affect investor confidence and reduce the amount of investment. It is necessary to improve the goodwill accounting policy, so that goodwill can be correctly measured and reflected. Finally, A-share market funds have the problem of homogeneity, which leads to vicious competition in a single sector and is unfriendly to small and medium-sized enterprises. The government can mitigate such problems by encouraging innovation and regulating the market, diversifying stock development. It is necessary to study the problems of the A-share market and give solutions of the existing problems, which can make the country, enterprises and investors have a more intuitive understanding of the market so they can make corresponding responses to market changes.

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

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

Legal Policy Recommendations for Fostering Green Business Development: A Case Study of Enterprises in Vietnam

Green growth is one of the development trends many countries worldwide aim for Vietnam; green growth is also gradually becoming inevitable. However, businesses are among the critical subjects contributing to green growth and are still not interested in this trend. Objective: The article aimed to identify the key factors affecting green business development and proposed legal policy implications for green business development. Methodology: The author applied quality and quantitative methods; based on the study goal, the author surveyed 800 managers of green enterprises in five provinces and three cities in Vietnam and used structural equation modelling based on the quantitative research method. Result: The findings explored five critical factors affecting green business development: (1) financial capacity, (2) corporate culture, (3) leadership and business management capacity, (4) mechanisms and policies of the government and localities, and (5) the interaction of components in the business ecosystem. This comprehensive set of recommendations provides a strategic roadmap for Vietnam to foster green business development through effective legal policies. Conclusion: The article's contributions proposed recommendations to management agencies in developing and implementing mechanisms and policies to support and promote businesses to build in a green direction. Implementing these legal policy recommendations can significantly enhance the development of green enterprises in Vietnam. Unique Contribution: The novelty of this study was to supplement and complete the system of criteria for evaluating green business development, which is also the basis for businesses to recognize the effectiveness of current activities. Key Recommendation: From the above results, the author proposed to establish green financing programs, including low-interest loans, grants, and subsidies for green business initiatives to make improvements in each stage of the production process to increase efficiency while minimizing negative impacts on the environment.

The Tendencies of Cryptocurrency Policies in Indonesia

Cryptocurrency has set intriguing and innovative trends in investment amidst the fluctuating global economy following government policies. This research aims to investigate the trends of policies of cryptocurrency in Indonesia, seen from the perspective of taxation and investment laws. Low tax charged in Indonesia is seen as relaxation by investors and cryptocurrency users, while the trends in legal policies concerning investment are experiencing hyper regulations in legislative products set to assure investors, in comparison to those of other countries. These trends attract some attention from investors and cryptocurrency users from abroad. This research is a unique offering that will illustrate which countries are suitable and friendly for businesspeople to carry out crypto business activities. The methodology used in this study is normative research with a conceptual approach and comparative law. The research results are expected to shed light on foreign investors wishing to invest their money in cryptocurrency businesses by considering the low tax from the perspective of current taxation law in Indonesia compared to those in Canada, the United States, and Singapore. According to the details of taxation in Canada, the United States, and Singapore, it is obvious that Indonesia gives ease to foreign cryptocurrency investors in Indonesia from the aspect of taxation law. The countries compared seem to charge very high taxes for cryptocurrency users and businesses in investment cryptocurrency. This comparison gives easier access to foreign investors to invest their assets for the development of cryptocurrency businesses and companies in Indonesia by considering the amounts of taxes imposed on cryptocurrency businesses and users. Indonesia makes it easier for foreign cryptocurrency investors in Indonesia compared to Canada, the United States, and Singapore from a tax law perspective. In terms of investment regulations, Indonesia has broader laws and regulations compared to other countries, where the investment process involving cryptocurrency businesses in Indonesia receives sufficient attention from these laws and regulations.KEYWORDS: Cryptocurrency, Investment Law, Taxation Law.

Is Motherhood; A Ladder of Success in becoming Altruistic towards Social Construction?

There have been certain situations ages immemorial; where it always been discussed to investigate the portrayal of women's experiences that she undergoes while emphasizing the substances of a motherhood. Thereafter the experience of any kind of violence in the setting of domestic or experiencing the rights of risk and the evidence that approaching towards the examination of relevant portrayals with materialistic understanding of similarities between the situation and the responsibility that a motherhood holds during process of the gamut. Even, more precariously. the mental health issue while controlling over their period of experiencing the discussion that evolves around the policy of mothering. Thereafter, it is best for the interest of the child which embeds upon the legal policies and respond and responses that renders why affecting the nature and evolution? Considering a critical personality to be reported during the policymaking of the mothering cum parenthood involving both the parents, this paper tried did emphasized upon the assessment of the risk associated with any responses that are technically determining the orientation of motherhood as a positive or a supportive action as a ladder of success. The negativity lies when the orientation talks about the potentiality of the Father, which considers to be Parenthood; thereafter, the long-term assessment to understand the framework of how it has been recommended to guide upon development of such “Mental Health” Where both positivity and supportive action on the scientific negation brings decision making process of mothering to effect on the long-term assessment of prognosis. Hence, this paper qualitatively and in explorative manner imbued to understand the development of the framework that a mother and child inclusive of their action within the womb analyses the potentiality of the adoption that the recommended environment to be a “mother” or to have a quality of potency to label as ladder of fulfilment or bodily success.

The role of the European Union and international legislation in the government of the migration crisis

This paper focuses on the over researched migrant and refugee emergency of 2015-2016, adopting a broader temporal and spatial lens. The 2015 refugee crisis shook Europe and its security and brought immigration and asylum policy to new political dynamics that are developing at a pace and with difficulty in coordination. This particular 'crisis' of 2015 gave a stronger political impetus to the migration and asylum agenda of the EU's destination and transit states. concerns about the limitations of the liberal state, including external border policy, the framing of migrants, European identity and the phenomenon of return migration security, which mainly affected Central and Eastern Europe. Through the analysis of a broad set of materials emerging from the research project, we identified several interacting features of governance in times of crisis, including a multilevel but complex actor landscape, complicated and fragmented legal systems and policy provisions that can change at the temporal level as well as at the territorial level and the current characteristics of a 'crisis governance mode'. Can we identify the specific features that form this state of crisis?

Analisis Yuridis Putusan Mahkamah Konstitusi Terhadap Pengujian Undang-Undang (Studi Putusan MK No. 29/PUU-XXI/2023, No. 55/PUU-XXI/2023, No. 90/PUU-XXI/2023)

This study evaluates the inconsistencies in the decisions of the Constitutional Court (MK) regarding the judicial review of laws, specifically concerning the decision MK No. 29-51-55-90/PUU-XXI/2023. The aim of this study is to understand the reasons behind the differing positions of the MK when reviewing the same article, namely Article 169 letter q of Law No. 7 of 2017 on General Elections. The method used is normative legal research with a descriptive nature, utilizing secondary data as the source. Data collection is conducted through literature study, data analysis is qualitative, and conclusions are drawn using the deductive method. The research findings reveal inconsistencies in the MK's decisions. In Decision No. 90/PUU-XXI/2023, the MK added a new norm by establishing alternative requirements for Article 169 letter q of Law No. 7 of 2017. In contrast, in Decision No. 29-51-55/PUU-XXI/2023, the request to review the same article was rejected on the grounds that the regulation of the minimum age is an open legal policy of the lawmakers and does not violate the 1945 Constitution. This inconsistency raises questions about the integrity of the MK and reduces public trust in the institution. The study recommends that the MK maintain consistency in judicial review decisions to preserve its authority and public trust.

The Legal Position of the Indonesian Ulema Council in Applying the Principles of Islamic Law in Islamic Banking Operations in Indonesia

National economic development through the establishment of Islamic Banks is an implementation of Article 29 of the 1945 Constitution of the Republic of Indonesia. The presence of Islamic Banking in the national economy is a strategic legal policy of the government because its operations are based on the principles of Islamic law, namely principles derived from the Qur'an, Hadith, Ijma', and Qiyas. However, in its application, these principles of Islamic law are manifested in the form of fatwas issued by the National Sharia Council-Indonesian Ulema Council (DSN-MUI) as a source of positive law for Islamic banking. Therefore, this study raises legal issues related to the legal position of the Indonesian Ulema Council in the application of sharia principles to Islamic Banking operations in Indonesia. This study aims to analyze and determine the legal position of the Indonesian Ulema Council in the application of sharia principles to Islamic Banking in Indonesia. The research method used is normative research, which provides answers to the problems raised with the perspective of what should be done. The results of the study indicate that the DSN-MUI fatwa has a crucial role as a positive legal basis in the operation of Islamic Banking in Indonesia, although formally it is not a statutory regulation. The implications of this study indicate the importance of recognizing and strengthening the role of the DSN-MUI in the national legal system to ensure compliance of Islamic Banking operations with applicable sharia principles.

ПРАВОВАЯ ПОЛИТИКА ГОСУДАРСТВ-ЧЛЕНОВ ЕАЭС В СФЕРЕ РЕАЛИЗАЦИИ ПЕНСИОННЫХ ПРАВ

The article discusses issues of legal policy of the EAEU member states in the field of implementation of pension rights of citizens using the comparative method. Based on the legislative practices of states, the author examines the models of state pension systems and highlights their specifics and common, advantageous features. In the process of the study, the essence and direction of reforms of state pension systems were established, aimed at solving a number of problems in reducing social tensions, with the gradual release of the budget from the burden of pension payments, reducing the unemployment rate, which helps to increase the interest of citizens in pension savings and stimulate the personal responsibility of citizens for pension provision for a decent standard of living when acquiring pension rights. It is noted that one of the fundamental principles and norms of international law in the system of protection of social and labor human rights is the right to pension provision, guaranteed by the constitutions of the EAEU member states and their obligations to fulfill the ILO minimum social standards to provide citizens with at least 40% of the level of pensions in relation to average salary. At the same time, states should direct efforts to implement policies to ensure employment, protection against unemployment and the development of non-state investment institutions in the field of pensions.

Миграционный процесс как фактор обеспечения финансово-правовой политики Республики Таджикистан

The relevance of the article under consideration is due to the fact that the migration process affects the political, social, financial and legal policy and security of the state. It notes that the migration process currently acts as an indicator that regulates the financial and legal policy of the state and the population of the Republic of Tajikistan. The emerging outflow of the young generation of the country, including educated and qualified personnel, indicates insufficiently high wages and living standards in the republic. Based on this, the author believes that due to the growing number of migrants from the countries of the exporter of labor resources, at the same time in the host country, new problems arise in terms of adaptation to life in big cities, mentality, legislation and labor law and order. The modern globalization of migration processes also transforms to more reasonable relations of rapprochement of peoples, legal interethnic relations, the study of history, culture, customs, traditions, customs and many other factors of national values from each other, creating friendly relations, where they unite them even more, develop friendship between peoples. All this is a sign that the host country has a positive attitude towards the migration flow. The task of the state, the exporting labor force and the country receiving labor resources is, first of all, independently, taking into account the circumstances and certain principles of public administration, to harmonize migration legislation in order to stabilize and develop it. Since public administration in this area is an independent area of activity of executive authorities, directly related to ensuring state security and socio-economic development of the country, the state faces the task of systematizing migration legislation. The author comes to the conclusion that, together with the multiplicity and sometimes inconsistency of legal acts in the field of migration, their application is significantly more difficult, which leads to inconsistency in the actions of law enforcement agencies that regulate these processes. In addition, there are barriers to providing social protection for migrants that lead to discrimination, such as labor, legal, language and cultural barriers, insufficient information about the rights of migrants to social protection and the mechanism for their implementation.

NEED FOR RECEIVING HEALTH INFORMATION THROUGH COMMUNITY RADIO SPEAKERS IN HIEP AN WARD, THU DAU MOT CITY, BINH DUONG PROVINCE

Loudspeakers are one of the state's means of communication used to propagate policies in recent times and have been very effective, contributing to propaganda and the development of legal policies. The issue of health communication has been effectively adopted through programs on health policy and health science. In order to have a scientific basis for surveying the role of loudspeakers in the new period in urban areas, creating a basis to advise industries, especially the health sector, on the satisfaction and effectiveness of loudspeakers. clear towards the people. With 7 in-depth interview samples in qualitative research conducted in Hiep An ward, Thu Dau Mot city, about the need to use and develop a quantitative assessment toolkit in the future. The results show that the rate of information reception is quite high, the age of reception increases gradually with age, the listening time per day fluctuates but still reaches a high rate, satisfaction with loudspeakers reaches a high level and the need to receive information from community loudspeakers in the future. Conclusion: Media reception from speakers is quite high, the received content is not proactive, so the incoming information does not meet the needs of today's low-tech and diverse media society. Therefore, there is a great need for a quantitative study with a more representative sample size to demonstrate the qualitative results that this study brings and at the same time, survey the content and effectiveness of health communication content from loudspeakers.

Media and policy legitimacy: A study of news coverage of the Flemish Human Rights Institute

Abstract European countries are required to establish equality bodies to combat discrimination. For the success of such bodies, informing citizens about their existence and functioning is essential. Therefore, this study conducts a thematic content analysis of news coverage (N = 129 Flemish news articles) pertaining to the recently established Flemish Human Rights Institute (FHRI) in Belgium. The analysis focuses on the subjects addressed in the news articles, the individuals or groups involved, and the interpretation of the three components of the responsiveness triangle (policy system, social perspectives, and policy environment), which collectively determine the perception of a legitimate policy. The study’s findings reveal that the articles extensively feature varying viewpoints from politicians and civil society organizations regarding the FHRI’s policy system, including its competences, institutional formation, and operation, as well as its role in protecting citizens’ rights. However, the news articles refrain from offering a conclusive assessment of the institution’s legitimacy.

Tindak Pidana Perzinahan Di Indonesia Dari Perspektif Sosiologi Hukum

The values underlying the understanding of the crime of adultery in the Criminal Code are still strongly influenced by Western values. The law that applies in society must take into account the values that are prevalent in the community where the law develops. Legal policy is an integral part of social policy, where the main objective is the safety and well-being of the community. Therefore, legal policies regarding the crime of adultery must also take into account the values, culture, and social structure that have already been established. The formulation of the crime of adultery and its renewal must be verified through sociological approaches. This type of research is normative with the characteristics of prescriptive research, and the analysis technique used is the deductive method. The crime of adultery has been revised in the new Criminal Code, which includes an expansion of the material that differs from the old Criminal Code. That the offense of adultery in the latest Criminal Code already meets and reflects the values, norms, morals, and religion of Indonesian society.

Upstream Oil and Gas Management: Legal Policy of Aceh's Special Autonomy Perspective

Upstream Oil and Gas Management: Legal Policy of Aceh's Special Autonomy Perspective