Protection Enforcement Research Articles

CHALLENGES AND PROBLEMS IN LABOUR LAW FROM THE PERSPECTIVES OF INDONESIA AND MALAYSIA

This study provides a critical comparative study of the labour laws of Indonesia and Malaysia, two of the most prosperous economies in Southeast Asia, but with different legal systems due to their respective political, socio-economic and colonial legacies. A wide range of topics were discussed, covering almost all major issues related to the laws affecting practise, namely historical development and legal reforms, current challenges related to wage inequality, migrant workers and enforcement of labour protection. A qualitative comparative analysis was conducted based on primary legal documents, including the Indonesian Omnibus Law on Job Creation and the Malaysian Employment Act 1955 as amended, supplemented by secondary sources such as policy papers and academic articles. The findings suggest that decentralisation in Indonesia leads to uneven enforcement across regions, while Malaysia's centralised administration falls short in protecting migrant workers. In both countries, economic growth clashes with labour rights, with Indonesia struggling with a largely informal sector and Malaysia with a very high dependence on migrant workers. The discussion emphasises the fact that while recent legislative reforms have taken place, weak enforcement and problematic dispute resolution reflect the persistent problems. The study concludes by outlining policy implications that support strengthening enforcement mechanisms, formalising the informal sector and adhering to international labour standards to promote good employment practises. The results obtained with such a methodology contribute to the discourse on labour law and provide insights for policy makers, academics and other stakeholders concerned with the dynamics of the labour market in Southeast Asia.

HUMAN RIGHTS OF PERSONS WITH DISABILITIES: INDIAN PERSPECTIVE

The human rights of persons with disabilities (PWDs) are integral to the global agenda for equality and justice. The adoption of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) marked a transformative step towards acknowledging the rights of PWDs worldwide. However, despite international recognition, the realization of these rights remains inconsistent, particularly in developing countries like India, where socioeconomic challenges further hinder accessibility and inclusion. The objectives of the paper are to examine the national human rights frameworks concerning PWDs, to identify key barriers faced by PWDs in accessing their rights and propose solutions, to assess the challenges and opportunities for enforcing disability rights in India. The literature highlights that despite the CRPD’s widespread ratification, the enforcement of disability rights varies significantly across regions. In higher-income countries, more comprehensive systems support PWDs through inclusive education, healthcare, and employment. In contrast, in developing countries like India, the implementation is constrained by socio-economic factors, inadequate infrastructure, and limited awareness. Indian literature, in particular, discusses the advancements made through the Rights of Persons with Disabilities Act (2016) but emphasizes the need for greater enforcement and societal change to address pervasive stigma. The current paper focuses on several studies on human rights of persons with disabilities. To examine the aforementioned objectives, the necessary secondary data is collected from both published and unpublished sources. To improve the study, books, journals, and seminar papers, content analysis, newspapers, publications, and websites are used. The findings reveal that globally, countries with robust social protection systems exhibit better outcomes in securing disability rights. In India, despite progressive legal frameworks, PWDs face significant barriers in education, employment, and healthcare due to insufficient infrastructure, stigma, and poverty. Enforcement of rights is hindered by bureaucratic inefficiencies and resource constraints. The study suggests that governments should strengthen the enforcement of disability rights through legal reforms, capacity-building for public institutions, and targeted advocacy campaigns. In India, the focus should be on improving infrastructure accessibility, increasing public awareness, and ensuring stricter enforcement of legal protections.

Ensuring the safety of healthcare professionals: A review of current challenges and legal frameworks in India

Healthcare professionals, particularly doctors, face significant safety challenges in India. Workplace violence, harassment, inadequate infrastructure, and the absence of appropriate legal protections worsen their vulnerability, especially during night shifts. Recent incidents of violence have drawn attention to the urgent need for reforms to ensure their safety. This review aims to critically evaluate the current safety concerns for doctors in India, analyse the effectiveness of the existing legal frameworks, particularly the newer BNS (Bhartiya Nyaya Sanhita) and BNSS (Bhartiya Nyaya Suraksha Sanhita) systems, and propose practical strategies for improving workplace safety, focusing on night shifts and high-risk environments.This review article synthesises data from multiple sources, including published surveys, legal reports, and recent studies on workplace safety for healthcare professionals in India. The literature review focused on legal frameworks, hospital infrastructure, and psychosocial impacts affecting doctors. Inclusion criteria for the review included studies and reports on workplace safety, particularly those relevant to night shifts, emergency departments, and rural healthcare settings. Exclusion criteria included articles not directly addressing the safety concerns of healthcare professionals or those focused exclusively on non-clinical staff. The review revealed that over one-third of Indian doctors' report feeling unsafe during night shifts, with female doctors and junior staff particularly vulnerable. Key factors influencing perceptions of safety included inadequate security, lack of duty rooms, and insufficient legal enforcement under the Central Protection Act. The implementation of the BNS and BNSS systems is promising, but enforcement stays inconsistent across regions. Psychosocial impacts, including anxiety and burnout, were common, leading to lower job satisfaction and compromised care quality.Addressing the safety concerns of doctors in India requires a comprehensive approach, including stronger enforcement of legal protections under the BNS and BNSS systems, improved hospital infrastructure, and targeted psychosocial support. Future reforms should prioritise the establishment of secure environments and more robust legal accountability to mitigate workplace violence.

Breaking the Silence: Fighting Injustice with Anti-Marginalization Advocacy

This article delves into the persistent issue of human rights violations against Scheduled Castes SC and Scheduled Tribes ST in India, despite the country’s celebration of its 75th anniversary of independence from British rule. It critically examines the historical and ongoing suppression of marginalized communities through the lens of modern - day slavery under the rule of law, with a focus on the legal and societal frameworks that perpetuate such atrocities. The author, a law student, employs a multidisciplinary approach to explore the gaps in the enforcement of legal protections and the stark inequalities that exist within Indian society. Drawing on reports, legal statutes, and the Constitution, the article highlights the increase in crimes against SC and ST communities, underscoring the need for stringent enforcement of laws and a coordinated effort among various stakeholders to address these violations. It proposes remedial measures aimed at systemic transformation, including building capacity, streamlining processes, and sensitizing the public. The article concludes with a call to action for every citizen to contribute to the fight for equality and dignity for marginalized communities, embodying the principles enshrined in the Indian Constitution.

Data Sharing in Deutschland: Theorie, Empirie und europäische Gesetzgebung

Abstract Based on empirical surveys on the use and sharing of data in the German economy in 2021, 2022 and 2023, a number of current European laws, such as the General Data Protection Regulation of 2018, the Digital Markets Act of 2023, and the Data Regulation of 2024, are presented as instruments for increasing legal certainty in the transfer of data and the enforcement of protection of costly acquired data.

The effect of investor protection on forced CEO turnover

PurposeThis paper aims to analyze the direct and indirect effects of investor protection on forced CEO turnover.Design/methodology/approachThe authors investigate 5,175 firm-year observations from 16 European countries over 2012–2018, collect data on four national investor protection indicators, identify 196 forced CEO turnovers and use multiple logistic regression models.FindingsThe results show that a reduction in the degree of investor protection significantly increases the probability of a forced change of the company’s CEO. Furthermore, when the degree of investor protection increases, directors are attributed a lower degree of responsibility in the event of a decline in earnings performance. Therefore, the relation between a decrease in profitability and a forced change of CEO is reduced.Research limitations/implicationsThe research is focused on countries belonging to the European Economic Area and most of the investor protection indicators are derived from surveys. Concerning policy implications, the findings suggest that regulators should focus on the effective enforcement of investor protection mechanisms.Social implicationsThe results confirm that characteristics at the country level have an impact on corporate decisions, highlighting the importance of increasing the degree of investor protection as a means of mitigating agency conflicts and improving stewardship.Originality/valueTo the best of the authors’ knowledge, this study explores a relatively underinvestigated topic as it uses investor protection indicators to jointly evaluate both direct and indirect effects on forced changes of CEO through cross-national research.

Benefits of North Korea's Membership in the New York and ICSID Conventions

This article contends that North Korea should accede to the New York Convention and the ICSID Convention to provide more robust legal protections and dispute settlement mechanisms for foreign investors. While North Korea has enacted various domestic laws and established special economic zones to attract foreign investment, these measures have proved insufficient to fully assuage investor concerns, particularly regarding the enforcement of arbitral awards and protections against expropriation. Joining the New York Convention would mitigate uncertainties surrounding the enforcement of foreign arbitral awards by obligating North Korean courts to recognize and enforce such awards, subject only to limited, internationally accepted grounds for refusal. Accession to the ICSID Convention would enable aggrieved foreign investors to bring claims against North Korea before a neutral, depoliticized arbitral tribunal, providing an additional layer of protection against discriminatory or expropriatory state conduct. Membership in these conventions would significantly enhance North Korea's credibility in the eyes of foreign investors, demonstrating a commitment to upholding the rule of law and aligning its investment framework with global norms. While accession alone is not a panacea, it represents a crucial step toward building investor confidence, facilitating greater FDI inflows, and fostering North Korea's economic development and international engagement.

Village fund management and reporting systems: are they accountable?

PurposeThis study aims to address fundamental questions surrounding accountability within village fund management (VFM) and reporting systems in Indonesia by comparing the number of anomalous data entries with the actual village funds using the VFM data for all Indonesian villages during the period 2018–2020.Design/methodology/approachThe research presents a pioneering methodology for assessing village fund accountability by analyzing data from all Indonesian villages and using investigative journalism and qualitative analysis. It integrates data from various sources, including government regulations, previous investigations, literature, interviews, etc.FindingsThis research highlights global challenges in development and governance, revealing common issues such as poor management of village funds and the need for strengthened institutional protection enforcement. Referring to the institutional theory, the authors demonstrate how institutional structures influence community behaviors, emphasizing the importance of regulatory frameworks to prevent misuse of public resources and maintain transparency and accountability across various socio-economic and political contexts.Practical implicationsThis study emphasizes the necessity for more transparent and accountable fund management practices and calls for broader consideration of implications beyond government impact.Social implicationsThis research provides insights for international stakeholders to strengthen their public financial systems, through rigorous monitoring and comprehensive reporting systems.Originality/valueThis study provides the most comprehensive sample comprising all villages in Indonesia that receive village funds and measures the use of village funds based on all village-level disbursements, representing unprecedented research using this form of data.

Tinjauan Yuridis Terhadap Putusan Bebas Pelaku Pemerkosaan Anak di Lubuk Basung

J.E. Sahetapy argued that crime is a product of culture, evolving to become more modern and complex. Children, as future leaders, require guaranteed rights and protection as regulated in Indonesia's laws, including the Criminal Code and the Child Protection Law. However, violations like sexual violence by those closest to them, such as parents, persist. This research examines cases of sexual violence against children by biological parents, focusing on Supreme Court decisions. Using normative juridical methods and a statutory approach, the study analyzes the legal aspects of these cases. Findings reveal that despite evidence, defendants were acquitted due to the judge's doubts about witness statements and existing evidence, applying the in dubio pro reo principle. This decision has sparked debate for potentially setting a harmful precedent and hindering child protection enforcement. The study underscores the need for more responsive and appropriate legal implementation to achieve justice and optimal protection for child victims of sexual violence.

Personal data protection enforcement under GDPR—the Slovak experience

Personal data protection enforcement under GDPR—the Slovak experience

Extraterritorial application of China’s Marine Environmental Protection Law: Towards effective marine environmental protection enforcement

In 2023, China’s Marine Environmental Protection Law was secondly revised, in which the extraterritorial provisions in marine environmental protection were evolved and highlighted. Through enforcing the extraterritorial provisions, it is possible for China to pay attention and control marine pollution or ecological damage that occurs beyond the territory and safeguard the national marine environment. However, China has not carried out any enforcement practices based on the extraterritorial provisions of the Marine Environmental Protection Law. As a responsible participant in marine environment governance and driven by the need to address marine environmental threats posed by foreign countries, China has a sufficient rationale for introducing extraterritorial enforcement in marine environment protection from a broader perspective. However, given that extraterritorial enforcement in the marine environmental protection field is not adopted universally, China’s future extraterritorial enforcement activities will face risks of excessive use, and a series of dilemmas may inevitably arise during the enforcement practices. Analyzing the potential dilemmas of China’s extraterritorial enforcement in marine environment protection, corresponding suggestions are provided to avert excessive extraterritorial enforcement and promote the effectiveness of extraterritorial enforcement activities to protect essential national marine environmental interests.

Intellectual property protection, infringement disputes, and, corporate innovation investment persistence

AbstractTo examine the important role of regional intellectual property (IP) protection, we empirically check the impact of infringement disputes on corporate innovation investment persistence. We document that IP protection enforcement can significantly and negatively mitigate the infringer's innovation investment persistence but positively enhance that of the infringed firm. This effect is more pronounced for non‐high‐tech or non‐state‐owned firms. Moreover, IP protection mainly reshapes a firm's perceptions of innovation investment persistence through the efficiency and fairness of law enforcement. Our findings provide insights into optimizing the IP protection environment, especially for emerging economies.

Perlindungan Hukum Anak Korban Perkosaan Inses dalam Sistem Peradilan Pidana

This article discusses the legal issue of protecting the rights of children who are victims of incest rape after abortion in the law enforcement process. The crimes that occur should be resolved by the criminal justice system. In fact, child victims of incest rape have not received protection at every stage of the examination, from the investigation, prosecution to court decision. The importance of protecting child victims can be seen as a form of protection by the state in the form of administering justice. Apart from the completeness of statutory regulations regarding the protection of child victims, (the Witness and Victim Protection Agency), law enforcement officials, related government agencies and other relevant parties, the function of the judiciary plays an important role. This article aims first, to analyze the regulations regarding forms of protection for victims of incest rape in the criminal justice system. Second, it aims to analyze the enforcement of legal protection for child victims of incest rape in the judicial system. The method used in this article is a normative juridical research type using a statutory approach, conceptual approach and case approach. Analysis of legal materials, namely legal materials and literature that have been collected through systematic methods and then analyzed by inventorying, systematizing and interpreting all legal regulations and concepts according to the problems discussed. Substantially, from a regulatory perspective, a lot has been regulated regarding legal protection for child victims of incest, but in law enforcement it has not been able to provide protection, because the regulations for victim protection are still partially regulated. Studies of court decisions have not been able to accommodate the values of legal efficacy and the value of legal justice in providing legal protection to child victims of incest rape, especially in the criminal justice system. This study is important to carry out so that in the future there will be legal harmonization regarding legal protection for child victims of incest in the future.

Environmental Policy Overlays and Urban Pollution and Carbon Reduction—Evidence from China

The in-depth promotion of environmental pollution prevention and control is a must for China to move towards green development, and the effectiveness of urban environmental pollution control largely depends on the selection of these environmental policies and the synergistic application of these policies. This paper empirically tests three environmental policies’ mixed and synergistic effects using Chinese urban data from 2000 to 2017. This study found that (1) the three environmental policies significantly curb urban environmental pollution and show synergistic effects. (2) The three types of environmental policies can have a superimposing effect by strengthening financial inputs and increasing environmental concern, as well as a complementary effect by improving the efficiency of environmental protection enforcement and the institutional environment. The synergy between the central environmental protection inspection policy and the environmental information disclosure policy is more of a superposition effect than a complementary effect due to the similarity of the policy objectives. (3) The synergistic effect of environmental policies is affected by factors such as the age of the principal officials and financial pressure. The younger the age of the principal officials and the cities with less financial pressure are more capable of utilizing the synergistic effect of environmental policies to form a situation where the market, the government, the public, and the enterprises work together to govern the city. This paper provides new ideas for exploring the synergies and mechanisms of environmental policies and theoretical references for the design, implementation, and effects of environmental policy portfolios in the 14th Five-Year Plan period.

Potable intellectual property: WTO TRIPS and EU geographical indication wines

AbstractThe World Trade Organization (WTO) protects geographical indication (GI) wines such as Bordeaux and Chianti. However, there is scant empirical evidence on the effectiveness of this protection. Our triple difference panel data analysis of EU wine exports from 1995 to 2019 finds a significant effect. When countries join the WTO, their import of GI wines increases by about 25% more than non‐GI wines, compared to non‐joiners. Our findings suggest that specific trade provisions matter and that the EU policy of also including wine GIs in bilateral agreements is an attempt to further improve enforcement of GI protection in third countries.

Personal Data Processing by Online Platforms and Search Engines: The Case of the EU Digital Services Act

The new EU Digital Services Act (DSA) is intended to regulate intermediary service providers, with particular attention to online platforms and search engines. The core activity of such platforms and engines is personal data processing, pursuant to the tasks of content moderation and recommendations. This means that regarding personal data, there is an interconnection between the GDPR and the DSA, and it is a matter of law to determine how they interact in the EU digital space. This paper endeavours to draw a comprehensive picture of how the GDPR and the DSA seek to provide better guidance on the adequacy and enforcement of personal data protection. It is argued that their relationship is best described as the DSA being the lex specialis vis-à-vis the GDPR, but this is somewhat blurred by instances where the latter is mostly complementing the former, such as 1. specific legal basis for data processing in compliance with new legal obligations for platforms; 2. a new articulation between both regulations concerning dark patterns; 3. new prohibitions on personal data processing ; 4. new duties for the protection of personal data; and 5. a new ancillary institutional framework to regulate data protection by online platforms in collaboration with national data protection authorities.

ANALISIS PUTUSAN PENOLAKAN PEMBATALAN MEREK “PIERRE CARDIN”

Well-known trademarks are crucial to be protected because they are susceptible to infringement by third parties. Disputes concerning well-known trademarks are quite prevalent in Indonesia. One case involving a well-known trademark in Indonesia that is the focus of this research is the "PIERRE CARDIN" trademark case. Therefore, this research aims to investigate and analyze the "PIERRE CARDIN" trademark case based on Decision Number 15/Pdt.Sus-Merek/2015/PN.Niaga.Jkt.Pst, Decision Number 557 K/Pdt.Sus-HKI/2015, and Decision Number 49 PK/Pdt.Sus-HKI/2018. The research methodology employed is descriptive-analytical, involving an examination of legal documents and literature in the field of law. The analysis results indicate that there were inaccuracies in the judge's decision-making. The judge ruled that there was no evidence of bad faith in an individual's registration of the "PIERRE CARDIN" trademark, even though the registered trademark was the same as another individual's name and well-known trademark. The judge also made an inaccurate decision regarding the distinctiveness of the trademark. This inaccuracy in the decision could have implications for trade and investment due to the uncertainty surrounding the enforcement of protection for famous trademarks in Indonesia.

Medical Information Protection in Internet Hospital Apps in China: Scale Development and Content Analysis.

Hospital apps are increasingly being adopted in many countries, especially since the start of the COVID-19 pandemic. Web-based hospitals can provide valuable medical services and enhanced accessibility. However, increasing concerns about personal information (PI) and strict legal compliance requirements necessitate privacy assessments for these platforms. Guided by the theory of contextual integrity, this study investigates the regulatory compliance of privacy policies for internet hospital apps in the mainland of China. In this paper, we aim to evaluate the regulatory compliance of privacy policies of internet hospital apps in the mainland of China and offer recommendations for improvement. We obtained 59 internet hospital apps on November 7, 2023, and reviewed 52 privacy policies available between November 8 and 23, 2023. We developed a 3-level indicator scale based on the information processing activities, as stipulated in relevant regulations. The scale comprised 7 level-1 indicators, 26 level-2 indicators, and 70 level-3 indicators. The mean compliance score of the 52 assessed apps was 73/100 (SD 22.4%), revealing a varied spectrum of compliance. Sensitive PI protection compliance (mean 73.9%, SD 24.2%) lagged behind general PI protection (mean 90.4%, SD 14.7%), with only 12 apps requiring separate consent for processing sensitive PI (mean 73.9%, SD 24.2%). Although most apps (n=41, 79%) committed to supervising subcontractors, only a quarter (n=13, 25%) required users' explicit consent for subcontracting activities. Concerning PI storage security (mean 71.2%, SD 29.3%) and incident management (mean 71.8%, SD 36.6%), half of the assessed apps (n=27, 52%) committed to bear corresponding legal responsibility, whereas fewer than half (n=24, 46%) specified the security level obtained. Most privacy policies stated the PI retention period (n=40, 77%) and instances of PI deletion or anonymization (n=41, 79%), but fewer (n=20, 38.5%) committed to prompt third-party PI deletion. Most apps delineated various individual rights, but only a fraction addressed the rights to obtain copies (n=22, 42%) or to refuse advertisement based on automated decision-making (n=13, 25%). Significant deficiencies remained in regular compliance audits (mean 11.5%, SD 37.8%), impact assessments (mean 13.5%, SD 15.2%), and PI officer disclosure (mean 48.1%, SD 49.3%). Our analysis revealed both strengths and significant shortcomings in the compliance of internet hospital apps' privacy policies with relevant regulations. As China continues to implement internet hospital apps, it should ensure the informed consent of users for PI processing activities, enhance compliance levels of relevant privacy policies, and fortify PI protection enforcement across the information processing stages.

Medical cost of environmental pollution: evidence from the Chinese Social Survey.

Environmental pollution impairs residents' health, while the pursuit of health is highly correlated to medical costs. Understanding how environmental pollution affects medical costs is closely linked to the welfare of society. Based on theoretical analysis, this paper uses data from 5112 households of the Chinese Social Survey (CSS) in 2019, constructs a composite indicator to quantify environmental pollution using respondents' evaluations, and empirically investigates the causal effect of environmental pollution on household medical cost and the mechanism. The conclusions are shown as follows. First, environmental pollution can increase household medical costs, and this estimation result still holds after dealing with the endogeneity problem and other robustness tests. Second, there is heterogeneity in the impact of environmental pollution on household medical costs, households in the upper socioeconomic class, with heavy pension burdens or with strong health insurance coverage are more sensitive to environmental pollution and incur relatively higher household medical costs. Third, environmental pollution reduces residents' satisfaction with their spiritual life, which adversely affects their physical and mental health and can increase household medical costs. Residents' satisfaction with their spiritual life is an important mechanism for environmental pollution to affect household health care expenditures. Therefore, governments should enhance the enforcement of environmental protection and governance, strengthen the awareness of green issues and health education, and increase the supply of facilities for leisure and sports, thus reducing medical costs due to environmental pollution and easing the medical burden of residents.

Is Centralised General Data Protection Regulation Enforcement a Constitutional Necessity?

Protection of personal data as a fundamental right – GDPR’s enforcement dilemma in cross-border cases – “One-stop-shop” model’s inadequacies highlighted – Distinction: regular cross-border enforcement versus cases of common European concern – Proposal: centralised enforcement mechanism for cases of common European concern – Union supervisory authority as a solution – Insufficiencies of the harmonisation proposal of the European Commission – Centralisation’s advantages: uniform enforcement, better coordination, and curbing forum shopping – Implications: fundamental rights protection and EU’s constitutional obligations – Constructive critique of the one-stop-shop model, not a dismissal – European constitutional law mandates effective data protection enforcement.