Enactment Of Law Research Articles

Legal Certainty of the Meaning of the Parties' Agreement on the Authorized Capital of a Limited Liability Company

The impact of changing the amount of PT capital to an agreement between the parties has led to a lack of legal certainty for the involved parties. A significant legal conflict exists between Article 32 paragraph (1) of Law Number 40 of 2007 concerning Limited Liability Companies and Article 109 paragraph (1) of Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation. The changes allow the amount of PT capital to be determined based on the agreement of the company's founders, leading to ambiguity in legal certainty. This research aims to examine and analyze the legal consequences of these regulations on the basic capital requirements for Limited Liability Companies in Indonesia, and to assess the legal certainty surrounding the agreement between parties regarding PT capital. The research employs a normative juridical method, utilizing statutory, comparative, and conceptual approaches. The analysis is grounded in the Theory of Legal Certainty (Grand Theory), Development Law Theory (Middle Range Theory), and the Theory of Good Corporate Governance (Applied Theory). The research found that changes in the regulation of basic capital, following the enactment of Law No. 6 of 2023, have contributed to legal uncertainty. This study aims to provide legal clarity on the consequences of these regulatory changes and their impact on corporate governance and legal compliance in Indonesia.

Data Breach Notification Laws and the Cost of Private Debt

We examine the effect of state-level data breach disclosure mandates (DBN laws) on the cost of private debt. Using the staggered passage of DBN laws across the U.S., we document an increase in the cost of private debt for firms affected by these laws. These findings suggest that DBN laws increase lenders’ anticipation of cash flow risk from potential future costs related to data breach disclosures. We further document that the increase in the cost of private debt is more pronounced for firms that (i) belong to industries that are susceptible to data breaches, (ii) report internal control weaknesses, or (iii) disclose cyber security risks in their risk factor disclosures. Additionally, we find that the increase in the cost of private debt is less pronounced in firms that focus on cyber security measures, such as investing in cyber security or appointing a technology officer on their board. We contribute to the debt contracting and disclosure literature by focusing on the proactive response of private lenders after the passage of DBN laws to mitigate ex-ante the risk resulting from potential future data breach disclosures while also shedding light on the cost (financing cost) associated with mandatory disclosure practices.

Analysis of Legal Verbiage in State Legislation for Insurer Coverage of Early Eyedrop Refills in the United States

State laws on early eyedrop refills, implemented to help patients obtain their medications when they run out early, have many inconsistencies possibly impacting their efficacy and functionality. This study sought to examine different state laws and elucidate unique features and commonalities that may influence their effectiveness. A review of all state legislation to date regarding early eyedrop refills was performed. All 50 states were included, with an in-depth review of the 33 states that had early eyedrop refill legislation. The law database Nexis Uni (formerly LexisNexis) and each state's individual law code site were used to identify relevant laws (or proposed legislation) using keywords such as "eyedrop," "eye," "refill," and "early." Political data based on the year these laws were passed was obtained from the National Governor's Association and National Conference of State Legislatures. This data was aggregated and analyzed using descriptive statistics. State law wording was analyzed for percentage of dosage period passed, days passed, and other requirements. Of the 33 states with early eyedrop refill laws, 14 were only days based, 8 were only percentage based, 4 had both, 4 had neither percentage nor days criteria, and 3 had neither but cited CMS guidelines. These laws were passed between 2009-2023, with a notable increase from 2014-2018, rising from 10 to 29 states. Regionally, the Northeast had the highest adoption rate (88%), followed by the West (77%), the South (56%), and the Midwest (50%). Political climates varied: 14 states had Republican control, 2 had Democratic control, and 17 had mixed party control. Of the 17 states without an early eyedrop refill law 4 attempted passage but were not put into law for various reasons with the other 13 not appearing to have had any attempts at law passage. State laws providing coverage for early eyedrop refills vary in terms of verbiage and requirements necessary to obtain a covered early eyedrop refill. Region, political climate, and year appear to play minor roles in early eyedrop refill verbiage and passage.

How Effective Are Civil Society Promotion Laws? Mixed Patterns from 3 Mexican States

Abstract Policies constraining nonprofit and civil society activity have been documented in multiple countries. A less widespread phenomenon, but one that is also worth exploring, is the enactment of laws intended to promote civil society. What happens when laws are enacted to promote these organizations? How effective are these laws? Building on insights from the literature on nonprofit formation and organizational ecology, this paper adopts a quasi-experimental approach, to analyze the effect of passing a state-level law of Civil Society (CSO) sector promotion on the number of newly-constituted CSO organizations. Using data from Mexico, between 1990 and 2018, the paper uses the synthetic control method to examine this effect, separately, in 3 Mexican states, against a pool of 13 states which had not enacted a law of this kind during the period under study. The results show quite different effects across states, and point to the need of exploring in depth the policy process surrounding the passing of the law. These mixed patterns also call for further examination of the broader context where CSO laws take effect, and the incentives and disincentives local actors may perceive in the content of the laws.

LEI GERAL DE PROTEÇÃO DE DADOS (LGPD) E O DIREITO DO TRABALHO

The general data protection law, as amended by Law No. 13,853 of 2019 and in force since September 2020, has brought about changes in the way companies handle data, but also has repercussions on labor law. This is because the primary focus of the law was on the protection and privacy of data subjects, who are mainly affected by the sharing of their private data. However, this also includes company employees themselves, and to what extent there is legitimacy in companies sharing this data. Therefore, this article aims to promote a legal study on the General Data Protection Law and its possible consequences for labor law and labor relations. To this end, the article seeks to present the main points addressed by the General Data Protection Law and to promote an analysis of how labor relations may be affected by the enactment of the General Data Protection Law. The methodology used was the literature reference, based on books and articles that deal with the subject. As conclusions, it can be said that it is therefore of utmost importance that there be a creation or amendment of the Code of Ethics and Conduct and the Internal Regulations of the Company, in accordance with the Privacy and Personal Data Protection Policy. In addition to a confidentiality and confidentiality agreement between the employer and the employee, and a means of communication that facilitates the exercise of the rights of the holders. Finally, adjustment of labor agreements with specific provisions on the LGPD. As well as investment in cybersecurity, both in the business context and in remote work.

Legal Review of Ship Certification After the Issuance of Law Number 11 of 2020 Concerning Job Creation

This research examines the shift in authority and processes related to the certification of fishing vessels in Indonesia after the enactment of Law No. 11 of 2020 on Job Creation. The primary objective of this study is to analyze the legal force and implications of the transfer of authority from the Ministry of Transportation to the Ministry of Marine Affairs and Fisheries (KKP) in issuing fish vessel certifications. Using a normative juridical approach, this study investigates the procedural changes, challenges, and impacts of the new regulatory framework on fishing vessel safety and compliance. The findings show that the Job Creation Law simplifies licensing procedures while ensuring the safety and seaworthiness of fishing vessels. However, the study also highlights the challenges posed by a shortage of qualified inspectors, leading to delays in the certification process. This research underscores the need for regulatory adjustments and additional inspector training to align the maritime sector with the law’s goal of promoting safety and business efficiency.

Determinants and patterns of self-medication: A comprehensive literature review

Background- Self-medication is a major public health concern practiced worldwide. Research indicates that improper self-medication leads to adverse drug reactions, masks underlying diseases, results in incorrect diagnoses, escalates morbidity, contributes to drug interactions, fosters antibiotic resistance, and strains resources within the healthcare system. Many studies on self-treatment have been published for certain countries or diseases, in addition to specific demographics, including teenagers, senior citizens, and medical pupils. The issue of self-treatment and related antibiotic resistance poses a serious threat to global public health, as there has been a reported rise in self-medication practices over the past ten years. To obtain a thorough yet equivalent awareness of related issues and to make more definitive and practical conclusions for future action planning than those derived from reviews on the topic, it may be beneficial to integrate the current global self-medication data. Therefore, we set out to undertake a study to fully understand the prevalence, sample demographics, medications consumed, target ailment, and reasons for self-medication. Methods-Using the terms "self-medication, “Factors associated with it," and "non-prescription," a systematic review of the literature on self-medication practices was conducted using the databases PubMed, Medline, and Web of Science. The search was limited to cross-sectional study articles published between 2018 and 2022. Results- This analysis comprised 23 studies comprising 8,445 individuals in total. Headache, pain, and fever were shown to be among the most prevalent indications for self-treatment, followed by cold and cough. A summary of 20 studies inferred that Analgesics, antipyretics, and NSAIDs were the most self-practiced medications. Conclusion- Self-medication is widely practiced worldwide. It is critical to control and oversee appropriate self-medication practices through the enactment of strict laws and the involvement of legislators and medical experts. Large-scale public health awareness efforts on a variety of platforms, efficient medication distribution regulation, and legal proceedings against medical malpractice should all receive a great deal of attention. More cross-sectional studies employing a standard methodological framework are needed to have a deeper understanding of the incidence and practices of self-medication worldwide.

Supplemental breast cancer screening after negative mammography in U.S. women with dense breasts.

The extent and determinants of supplemental screening among women with dense breasts are unclear. We evaluated a retrospective cohort of 498,855 women aged 40-74 years with heterogeneously or extremely dense breasts who obtained 1,176,251 negative screening mammography examinations during 2011-2019 in the United States. Overall, 2.8% and 0.3% of mammograms had supplemental ultrasound or MRI within one year, respectively. Onsite availability was associated with ultrasound (odds ratio [OR]=4.35; 95%CI : 4.21-4.49) but not MRI (OR = 0.94; 95%CI : 0.85-1.04). Facility academic affiliation and for-profit status were inversely associated with supplemental ultrasound (OR = 0.53; 95%CI : 0.49-0.57 and OR = 0.83; 95%CI : 0.81-0.86, respectively) and positively associated with supplemental MRI (OR = 3.04; 95%CI : 2.86-3.46 and OR = 1.88; 95%CI : 1.66-2.12, respectively). Supplemental screening was more likely to occur after passage of state-specific density notification laws than before passage (OR = 3.56; 95%CI 3.30-3.84 and OR = 1.79; 95%CI 1.60-2.00, respectively). These results show that supplemental breast imaging utilization has been uncommon and was related to facility factors and density legislation.

The police investigation is illegal and illegitimate

The Public Prosecution Service, which is the exclusive holder of public criminal action and external control of police activity, among other duties, and the police are responsible for investigating criminal offenses. That said, the aim of this research is to demonstrate that the Public Prosecution Service has been treated as a mere opinion-forming body in criminal cases, given the understanding of criminal judges and also of the Legislative Branch, contrary to the Federal Constitution of 1988. In this regard, the Code of Criminal Procedure places the Public Prosecution Service in a situation of non-ownership in the conduct of cases, through various provisions of this code, when, notably, it allows the criminal judge to superimpose his decision on the theses of the Public Prosecution Service. As far as the legislative branch is concerned, the enactment of laws still does not respect the 1988 constitutional provision on the role of the Public Prosecution Service. In addition, external control of police activity must guarantee the constitutional legality and legitimacy of the greatest instrument for investigating crimes, the Police Inquiry, according to Article 129, VII of the Brazilian Federal Constitution. The absence of external control compromises the quality of evidence and the effectiveness of criminal justice, confirming the urgent need to implement regulatory mechanisms that ensure efficient control of police activity, resulting in improvements in public safety and, above all, in the legitimacy of the Brazilian justice system.

Animal Welfare Perspectives Against the Backdrop of Animal Cruelty in Nigeria

Knowledge is crucial for improving animal welfare. People's perceptions, attitudes, and understanding may be a hindrance to adopting animal welfare-improving ideas which is crucial for developing effective animal welfare policies and advocacy in Nigeria. This study evaluates the current knowledge, attitudes, and perceptions of animal welfare among Nigerian residents. A cross-sectional survey using a structured questionnaire distributed via emails, social media platforms, and by personal contact. The survey collected data from 694 respondents across the 36 states and the Federal Capital Territory of Nigeria over 6 months (November 2023 and June 2024). Descriptive statistics, reliability testing, and inferential statistical tests were performed using SPSS for windows. The result revealed that majority (60-87.3%) of the respondents had a good knowledge of what constitutes cruelty to animals. Also, 88.8% were aware that animals have right to freedoms that could enhance their welfare, and 96.1% agreed that freedom from hunger and thirst is reasonable for animals. The standard deviations were relatively low, suggesting consistent responses among participants. Respondents (87.3%) also supported the enforcement of animal cruelty laws and the enactment of comprehensive animal welfare laws in Nigeria. The high knowledge scores among Nigerian residents suggest a strong foundational understanding of animal welfare principles. It is recommended that despite the result continual advocacy and policy development are still necessary to shape the public attitudes, and perceptions to animal.

Pengaturan Marital Rape di Indonesia Perspektif Fiqh Jinayah tentang Keluarga

The purpose of this research is to explore the regulation related to the problem of marital rape in Indonesian legislation, especially after the enactment of the new Criminal Code Law by using the perspective of fiqh jinayah on family. This research is a doctrinal study with a conceptual approach and a legislative approach. Based on the research conducted, several conclusions can be formulated: First, marital rape that occurs in the household can be classified as a criminal offence of sexual violence. In addition, the regulation of marital rape in Indonesia is not yet specific and integrated so that it is still scattered in various regulations. Secondly, based on the perspective of fiqh jinayah, marital rape is included in the category of jarimah ta'zir because it is related to human honour. In the perspective of family jinayah fiqh, marital rape is also not justified and is an injustice according to Islam. Some sanctions in jinayah fiqh that can be applied to perpetrators of marital rape include diyat and ta'zir.

Normative Study of Law No. 27 of 2022 on the Protection of Personal Data and its Impact on the Fintech Industry in Indonesia

The enactment of Law No. 27 of 2022 on Personal Data Protection marks a pivotal moment in Indonesia’s regulatory framework, particularly for industries that handle significant amounts of personal data, such as the financial technology (fintech) sector. This study provides a normative juridical analysis of the PDP Law and examines its impact on the fintech industry. The research focuses on the law’s key provisions, including consent requirements, data breach notification, and data security obligations. Additionally, the study explores the operational challenges fintech companies face in complying with the law, such as the costs of compliance, technical requirements, and the need for employee training. While the PDP Law enhances consumer trust by offering greater protection and transparency, it also presents hurdles that fintech firms must overcome to ensure compliance. The analysis concludes with recommendations for fintech companies to balance legal obligations with innovation to maintain competitiveness in Indonesia’s evolving digital economy.

Prefectural System Practices in The Indonesian Local Government

This research aims to analyze the implementation of the prefectural system in Indonesia, examining its historical development, current application, and future trajectory in regional governance. This study employs a qualitative research design, utilizing a case study approach across several provinces in Indonesia. Data collection involved in-depth interviews, document analysis, and field observations to capture the nuances of the prefectural system's operation within different regional contexts. The prefectural system in Indonesia originated with the enactment of regional government laws and became more prominent after the New Order. It involves dividing the national territory into smaller administrative regions, with governors representing the central government, and features both deconcentration and decentralization. While previous studies have focused on decentralization and autonomy, this research highlights how these processes reinforce the prefectural system. This study provides fresh insights into the prefectural system's evolving role in Indonesia's decentralized governance. Unlike earlier works, it examines how the system balances central and local powers, anticipating its growing importance as Indonesia refines its decentralization policies.

Brazil's implementation of access and benefit-sharing and the Nagoya Protocol: Analyzing some trends and positions in the ongoing debate

Access and benefit-sharing (ABS) arising from the utilization of biodiversity’s genetic resources and traditional knowledge is the third objective of the Convention on Biological Diversity (CBD). Since its inception, some parties to the CBD have enacted ABS-national legislation and in 2014, the Nagoya Protocol came into force, providing a global standard among ABS systems. Given this, Brazil has been working to implement ABS since 2001, especially after the enactment of the national Biodiversity Law (Law 13.123/2015), which is the domestic law for the Nagoya Protocol implementation. This paper examines how the implementation of ABS and the Nagoya Protocol is viewed, discussed and debated by some stakeholders. Based on qualitative semi-structured interviews, press releases, public declarations, legislation and grey literature, the paper reveals that although ABS has faced strong criticism and delivered modest results, most stakeholders consider it strategic and important, especially in the face of the bioeconomy–biodiversity nexus. In general, positions on the implementation of ABS policies and the Nagoya Protocol in Brazil can be devised in the following categories: 1) acceptance and optimistic appreciation of ABS, 2) acceptance of ABS mechanisms but impending need for adjustments, 3) acceptance of ABS mechanisms as a ‘bad with it, worse without it’ scenario, and 4) rejection of ABS. Our research also shows that when it comes to ABS and providers of genetic resources, debates centred on the topic of biopiracy have declined, while debates characterized by compromise, institutionalization and the steering of ABS via the implementation process are on the rise.

Governance and Risk Management in Sharia Banks and Financial Performance

General Background: The financial performance of Sharia commercial banks is crucial for Indonesia's economic growth. Specific Background: This study explores the impact of Good Corporate Governance (GCG), Internal Audit, and Risk Management on the financial performance of Sharia banks, particularly after the enactment of Law No. 21 of 2008. Knowledge Gap: Existing literature shows mixed results regarding the effects of these governance factors, indicating a need for comprehensive analysis in the context of Sharia banking. Aims: The research aims to assess how GCG, Internal Audit, and Risk Management affect financial performance from 2018 to 2021. Results: Analysis of 44 Sharia banks reveals that while Internal Audit negatively affects performance, GCG and Risk Management have significant positive impacts. Novelty: This study introduces a thorough examination of Risk Management alongside GCG and Internal Audit, enhancing the understanding of their roles in Sharia banking. Implications: Findings highlight the importance of strengthening governance frameworks in Sharia banks to improve financial performance, providing insights for investors and policymakers. Highlights: Good Corporate Governance and Risk Management significantly enhance financial performance in Sharia banks. Internal Audit shows a negative impact on the financial performance, emphasizing the need for effective implementation. The study addresses a gap in literature by examining the interplay of GCG, Internal Audit, and Risk Management in the Sharia banking sector. Keywords: Good Corporate Governance, Internal Audit, Risk Management, Financial Performance, Sharia Banks

Canada's Recreational Cannabis Legalization and Medical Cannabis Patient Activity, 2017-2022.

Objectives. To estimate changes in medical cannabis patient activity after Canada's recreational cannabis legalization. Methods. I used linear regressions of interrupted times series models to analyze medical cannabis patient registrations per 10 000 residents, purchases per 100 registrations, and packages per purchase in Canada's 10 provinces between April 2017 and December 2022. I tested relationships between the recreational law's passage in June 2018, recreational sales starting in October 2018, and the arrival of edibles and vapes in December 2019. Results. Medical patient registrations initially increased; they slowed after the law passed and started decreasing after edibles became available. Medical purchasing frequencies initially decreased; they decreased further in proportion to recreational sales but stabilized after edibles became available. Medical purchase sizes were initially stable; they began increasing after edibles became available. Conclusions. Canada saw substantial decreases in medical cannabis patient registrations, but the remaining patients stabilized their purchasing frequencies and increased their purchase sizes. Public Health Implications. Other countries might see significant changes in patient usage of their medical cannabis systems after nationwide recreational cannabis legalization. (Am J Public Health. Published online ahead of print October 3, 2024:e1-e8. https://doi.org/10.2105/AJPH.2024.307721).

Oil Royalties In Brazil: Between Financial Compensation And Taxation – A Legal And Economic Analysis

This article examines the use and distribution of oil royalties in Brazil, which shifted from being treated as financial compensation to taxation following the enactment of laws by the National Congress. This change in the treatment of royalties can be explained by public choice theory, which suggests that the actions of parliamentarians reflect the interests of pressure groups. Consequently, the compensation intended for entities where oil and gas exploration takes place began to be treated as a tax, benefiting all entities within the federation. Thus, it is reasonable to admit that the law's approval overlooked some essential characteristics of the nature of royalties by modifying their distribution to subnational entities that do not have oil exploration activities. Through a critical approach, the article suggests the need for a conceptual and normative review to ensure that royalties fulfil their role as a financial compensation mechanism without harming economic growth or fiscal transparency.

Cancer genetic counseling in Chile: Addressing barriers, confronting challenges, and seizing opportunities in an underserved Latin American Community.

IntroductionDespite the rapid advancements in genomics and the enactment of a new cancer law in Chile, the implementation of cancer genetic counseling continues to face significant challenges due to limited resources and infrastructure. MethodsWe conducted a survey targeting healthcare providers who offer genetic counseling to cancer patients and possess training in genetics and counseling. Additionally, we distributed a separate survey to high-risk patients associated with an advocacy group to gather insights on their perceptions of and experiences with cancer genetic counseling. ResultsAmong the surveyed providers, 21% were non-medical professionals who developed their skills through postgraduate continuing education programs. Germline testing was not performed in 47% of cases. Among the participants, 37% considered genetic counseling important for understanding the cause of their cancer, 25% valued knowing their risk of developing future tumors, and 33% believed it would benefit their current cancer treatment. Just over half of the patients (54%) had access to genetic counseling. Among those that received genetic counseling, 85% found it beneficial. ConclusionIn Chile, barriers to genetic counseling persist, particularly in rural areas and due to a shortage of trained professionals. Public policies recognizing genetic counseling's importance are crucial, along with expanding training and infrastructure. Understanding patient perceptions and increasing the number of trained genetic counseling into cancer care, educating clinicians, and advocating for increased access are key steps for enhancing cancer treatment effectiveness in Chile.

ISLAMIC FAMILY LAW ON POLYGAMOUS MARRIAGE IN MALAYSIA: BETWEEN ROSES AND THORNS

Marriage is a way of gaining a peaceful mind and soul, be it monogamous or polygamous marriage. This is the sweetness of marriage as enshrined by Islam. To achieve this wisdom, conditions laid down by the religion and legal requirements must be observed. Otherwise, a marriage may turn into a miserable and thorny life for couples, especially in polygamy. Thus, the purpose of this paper is to disseminate legal knowledge and refine the understanding about polygamous law in Malaysia. The central arguments of this study are two-pronged: (1) to deliberate on the Malaysian legal framework for polygamous marriage and (2) to discuss a crucial legal issue related to polygamy, namely cross-border marriage and its effects. The qualitative method of doctrinal legal research was employed to obtain and analyse primary and secondary data from various sources. It included examining the statutes and decided cases of the Syariah Courts, including reported and unreported cases. The relevant statutes studied were the Islamic Family Law (Federal Territories) Act 1984 and the Enactment of Islamic Family Law (Kedah Darul Aman) 2008. In substantiating arguments, data from e-Syariah Version 3 (ESV3) was used together with existing literature. The findings revealed that refusal or failure to comply with legal requirements pertaining to polygamous marriage may lead to cross-border marriage and its aftermath effects on the legality of the marriage, jurisdiction of the court, and the rights of wives and children in the context of law. Hence, the enforcement of existing laws on polygamy should be emphasised to control any abuse of power by a man to contract a polygamous marriage. More importantly, the laws and enforcement should be strengthened to protect the rights of the wives and children. Future research may focus on issues involving the rights of the wives and children of a polygamous marriage upon the death of the husband or father according to Islamic family law in Malaysia and its implementation.

Punitive state policies targeting alcohol use during pregnancy and alcohol consumption among pregnant women

This study aimed to determine whether punitive state alcohol policies targeting pregnant women who drink alcohol are associated with decreased alcohol consumption among pregnant women over time. This study used data from the Pregnancy Risk Assessment Monitoring System (15 states) between 1990 and 2015. A difference-in-difference (DiD) approach was employed to determine whether passage of state laws changed alcohol consumption rates among pregnant women, while controlling for state and time fixed effects. The study specifically examined punitive state alcohol policies that clarify the admissibility of evidence in child welfare proceedings related to prenatal alcohol exposure, focusing on allegations of child abuse, child neglect, child deprivation, or child dependence, as well as proceedings seeking termination of parental rights. Punitive state alcohol policies were not significantly associated with decreased rates of alcohol consumption among pregnant women (+ 1.54%, 95% CI, -1.47-4.55), within 3 years of implementation. State alcohol policies that adopted a punitive stance toward pregnant women who drink alcohol did not result in the reduction of drinking during pregnancy. Given that punitive policies may not effectively reduce alcohol consumption during pregnancy, our findings highlight the need for reevaluation and potential reform to better address maternal/child health outcomes.