Review Request Research Articles

Renewal of an active substance found in an insecticide: How to articulate risk assessment and risk management?

In Pesticide Action Network Europe v Commission (Case T-536/22), Pesticide Action Network Europe (PAN Europe) contested the renewal by the European Commission of the active substance cypermethrin. This substance is used or is marketed as an insecticide in large-scale commercial agricultural applications as well as in consumer products for domestic purposes (ant and cockroach killer). PAN Europe sought the annulment of the European Commission's decision of 23 June 2022 by which the latter rejected the request for internal review made by PAN Europe in accordance with Regulation (EC) No. 1367/2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters. The applicant argued, in essence, that where a risk is established with sufficient certainty by the European Food Safety Authority (EFSA), the Commission could not disregard the conclusions of the scientific assessment by relying on its powers as risk manager. In stressing the discretion enjoyed by the Commission, the General Court dismissed the action of PAN Europe. This casenote suggests that the General Court applied the precautionary principle too formally.

Multifaceted Interventions to Enable Elimination of Clinician-ordered Blood Smear Reviews: A Rural Academic Medical Center Experience

Abstract Introduction/Objective Blood smears (BS) evaluate a variety of clinical disorders. At Geisinger, clinician ordered pathologist review of blood smears (CBS) have increased despite usage of highly sophisticated hematology analyzers and automatic blood smear (ABS) review criteria. We hypothesized that CBS impact pathologists’ and technologists’ workloads and increase costs and turn-around times, with rare improvement in value-based patient care. This study aimed to analyze CBS ordering practices and improve the utilization of BS review. Methods/Case Report In October 2020, a prospective CBS utilization study was completed by 8 clinical pathologists for 172 CBS. Subsequently, a clinical question was required for CBS orders from January 1, 2022, to January 1, 2023, to investigate clinician ordering practices based on campus, department, and indications. Findings were used to support new interventions including: clinician education; cancellation of repeat BS ordered within 24 hours, creation of alternative tests (schistocyte technologist smear review, clinician order for independent slide review), standardization of morphology reporting, ABS audits, and elimination of orderable CBS replaced by an electronic BS review request, that is reviewed by a clinical pathologist prior to determine if a BS is indicated. Results (if a Case Study enter NA) Part of the Conclusions section for Lab Practice abstract. Conclusion Prospective utilization audit of 172 CBS orders showed 17% changed clinical management. Audit of 3,693 CBS orders demonstrated common reasons for review included tick-borne illness, hemolysis, erythrocytosis, thrombocytosis, and iron deficiency anemia. Systematic implementation of multiple interventions enabled the elimination of CBS, with no known adverse effect on patient management to date. The streamlined BS review guidelines allowed for better-allocation of resources, appropriate patient turn-around times, empowerment of laboratory technologists and reduced hospital costs. We propose maximizing the incorporation of technologist skills to improve the utilization and efficiency of BS reviews and establishing standardized, evidence-based, and institutional- specific guidelines to determine BS reviews.

Juridical Analysis of Constitutional Court Decision Number 20/PUU-XXI/2023 Concerning Judicial Review by the Prosecutor's Office in Criminal Cases in Indonesia

In the practice of criminal justice in Indonesia, judicial review efforts are an interesting problem to study because, in the development phase, there is a tug-of-war of interests between the defendant or his heirs and the public prosecutor. The presence of Constitutional Court Decision Number 20/PUU-XXI/2023 ends the debate and legal uncertainty for justice seekers. In this research, the author used a normative juridical approach. The approaches used were the Law approach, Case Approach, and Conceptual Approach. There are several problem formulations in this research: 1) what is the rationale for the decision of the Constitutional Court Number 20/PUU-XXI/2023?; 2) What are the arrangements for judicial review after the Constitutional Court decision Number 20/PUU-XXI/2023. Research Results of problem formulation number 1). According to the Court's consideration, requests for judicial review in criminal cases are the right of the defendant and his heirs, and the addition of the authority of the prosecutor to carry out judicial review efforts does not provide legal certainty and justice. Previously, the court in 2016 decided on a case regarding judicial review efforts, in which the court considered that the essence of a judicial review is the rights of the defendant and his heirs. 2) After the Constitutional Court Decision Number 20/PUU-XXI/2023, the public prosecutor cannot submit a judicial review effort in a criminal case; legally, when the prosecutor makes a judicial review effort in a criminal case, it is invalid/abash. With the decision of the Constitutional Court number 20/PUU-XXI/2023, it is reaffirmed that only the defendant and his heirs can submit a judicial review effort.

Term of Office of Constitutional Judges and Its Implications for the Independence of Judicial Power

This paper analyzes the implications of the term of office of constitutional judges in relation to the principle of independence of judicial power. Constitutional justices have a five-year term of office and can only be re-elected for one further term. This provision has been tried to be corrected through a request for judicial review of the Constitutional Court (MK) Law, but there is no Constitutional Court decision stating that the term of office of constitutional judges is contrary to the 1945 Constitution of the Republic of Indonesia. Determining the term of office of constitutional judges has implications for the independence of judicial power. The existence of a second period or renewable term will open up opportunities for political influence in the appointment of constitutional judges for the second period, thereby reducing the independence of judicial power. The elimination of the second period as approved by the legislators has positive implications for the independence of judicial power, but needs to be accompanied by improvements to the selection and supervision mechanism for constitutional judges. The Third Amendment to the Constitutional Court Law also regulates the selection process, but only states the principles and leaves further regulations to each state institution.

Implementation of Investigations and Prosecution by the Corruption Eradication Commission Based on Law of the Republic of Indonesia Number 19 of 2019 concerning the Corruption Eradication Commission

Law of the Republic of Indonesia Number 32 of 2002 concerning Broadcasting (Broadcasting Law) explains the definition of broadcasting in Article 1 paragraph (2) with the words "Broadcasting is the activity of broadcasting broadcasts through broadcasting facilities and/or transmission facilities on land, at sea or in outer space with using the radio frequency spectrum via air, cable, and/or other media to be received simultaneously by the public and the receiving device. The definition of broadcasting in the Broadcasting Law does not mention broadcasting via internet networks/infrastructure or over the top, thus broadcasting via social media platforms is still a question of whether it is subject to the Broadcasting Law or other laws. Regarding this matter, RCTI and iNews TV (MNC Group) submitted a material review to the Constitutional Court which essentially requested that the definition of broadcasting as mentioned in Article 1 paragraph (2) of the Broadcasting Law include providers of over-the-top (OTT) audiovisual services, or internet-based digital platforms such as YouTube, Instagram, or Facebook. RCTI and iNews argue that the request for judicial review of the Broadcasting Law for equality and moral responsibility of the nation is motivated by the desire to provide equal treatment and protection for all Indonesian people. Broadcasting is the activity of broadcasting broadcasts through broadcasting facilities and/or transmission facilities in the air, at sea, or in outer space using the radio frequency spectrum via air, cable, and/or other media to be received simultaneously and simultaneously by the public and broadcast receiving devices. This type of research is Normative research. The approaches used are a statutory approach and a conceptual approach. The data source used is secondary data. Data analysis was carried out descriptively and qualitatively. Concluding is carried out using a deductive method from general to specific to those related to the research issue. Legal Review of Media Broadcasting Activities in the Perspective of Law no. 32 of 2002. This research shows that if we look more closely, Law No. 32 of 2002 concerning Broadcasting has two important spirits, firstly, a broadcasting structure that is free and used solely for services to the community, not the interests of media owners. Second, the spirit of strengthening local entities which includes the spirit of regional autonomy by covering a comprehensive network system extending to the outermost areas. Broadcasting operations in several countries in the world are regulated by the laws and regulations in force in that country. Indonesia regulates broadcasting in Law Number 32 of 2002 concerning Broadcasting (Broadcasting Law).

Politik Hukum Kedudukan KPK Sebagai Lembaga Pemberantasan Korupsi di Indonesia

The corruption in Indonesia is increasing day by day. This is because there are still weaknesses in law enforcement agencies that are part of the problem of law enforcement. Therefore, institutional reform is needed through the formation of the KPK as an independent state institution. However, the KPK institution's journey is not easy. Various judicial examinations to the Constitutional Court regarding the position and authority of the KPK have been carried out. These decisions included: the Constitutional Court decision on number 012-016-019 / PUU-IV / 2006, number 19 / PUU-V / 2007, number 36 / PUU-XV / 2017, and number 37 / PUU-XV / 2017, and the most recent decision rejecting the request for formal and material review of Law Number 19 of 2019. According to several decisions made by the Constitutional Court, the development of the position of the KPK is a politics of law in eradicating corruption.

A study of the mechanism of the types of emotions in retailers' review request text on consumers' reviewing intention

PurposeThis study aims to delve into the varying impacts of different types of emotions conveyed through retailers' review request texts on consumers' intention to write a review.Design/methodology/approachTo verify the relationships between these variables, two laboratory experiments were conducted in this study.FindingsThe findings indicate that when accompanied by an objective statement, texts that evoke empathy and favor have a positive influence on consumers' inclination to write a review. Moreover, by examining the underlying mechanism, this study uncovers two interconnected mediators, namely persuasive intent and cognitive (affective) resistance, along with empathy and helping intention. Additionally, the study explores the moderating role of customer satisfaction with the product, shedding light on the contextual factors that influence the effects of emotional cues in review texts.Originality/valueThis research contributes to the literature and practice by focusing on the process of retailers' generating online reviews. This is one of the first studies to systematically examine the effects of emotional text in retailers' review request on consumers' reviewing intention from the perspective of emotional evocation. The experimental findings and the underlying mechanisms emphasize the impact of different types of emotions in retailers' review requests texts on consumers' reviewing intentions. It can help retailers better understand the psychological reactions of consumers when they ask reviews, which provide theoretical support for retailers to design more reasonable asking texts.

Statistical Estimation Of Value Range

This paper presents a statistical model of Value Range based on Triangular Distribution which adapts the concept of Control Limits in the Control Chart Theory. It is the purpose/aim of the paper to contribute on the methodological issue of Uncertainty which takes the probabilistic nature of uncertainty into account. 
 Using market comparable data from two cases of commercial land valuation in East Jakarta and Tangerang County, the analytical results of the model suggests that Coefficient of Variation is a key aspect to consider whether the Value Range should be constructed at ± 1s or 2s. The sensitivity analysis indicates that the model works well with less data and data set with narrower variation is generally more favourable.
 The practical value of the model is its potential use as a method for valuers to self-examine their valuation output. The model may as well be used as a method to complement fairness analysis, especially when there is a request for external review or even an appeal.

Using existing pediatric cancer data from the Gabriella Miller Kids First Data Resource Program.

Childhood cancer and birth defects are leading causes of childhood mortality, and studies suggest that birth defects increase pediatric cancer risk. The Gabriella Miller Kids First Pediatric Research Program (Kids First) seeks to alleviate these conditions by building an expansive resource of genetic and clinical data from patients with pediatric cancer and birth defects and their families. This article describes the data and support provided by the Kids First Data Resource Center and the Kids First Data Resource Center Data Resource Portal, which enables the public to review Kids First studies and request access to individual data. The Kids First Portal contains data from more than 34 000 participants and connects with CAVATICA (Seven Bridges Genomics, Inc, now part of Velsera), a cloud-based analysis and sharing platform. Researchers have used Kids First data to investigate a variety of cancers and further funding opportunities are available. The Kids First Portal is a unique resource that unites pediatric cancer and birth defects to uncover their genetic etiology and improve patients' lives.

QUANTIFYING THE NEED FOR A BEST SUPPORTIVE CARE CLINIC

Abstract AIMS Patients newly diagnosed with high-grade primary brain tumour and poor performance status discussed in the Multidisciplinary team (MDT) may not be felt to benefit from active treatment and their uptake in clinic is poor. We aimed to explore the volume of patients not being treated in our region, their survival rates, and the reasons for the limited requests for clinical review. METHOD Data was obtained from medical records of identified patients from April 2021 to April 2022. This included demographics, presentation, diagnosis date, clinic visits, and date of death. RESULTS 78 patients were referred for suspected high-grade primary brain tumours and selected for best supportive care by the MDT. Only 73 (64% male) were diagnosed radiologically with a high-grade primary tumour and the rest were excluded. Median age was 79 years (range 74 – 84). The commonest presenting symptoms were confusion (53%), falls (29%), and dysphasia (25%). Median survival time after diagnostic scan was 67 days (range 34 – 107). Survival rates at 1, 3, 6, and 12 months were 82%, 33%, 8%, and 1%, respectively. 28 patients (38%) were seen in clinic. 13 had been provided with the option to attend by letter. The median duration from referral to clinic was 9 days (range 7 – 14). CONCLUSIONS Only a third of non-treatable patients with newly diagnosed high-grade primary brain tumours are being seen in the clinic. Communication between the MDT and the patient offering this service is poor. Longer term survivors suggest an incorrect diagnosis who may benefit from further review.

1004 Assessing Appropriateness of Referrals to the Trauma and Orthopaedic Department

Abstract Background The Trauma and Orthopaedic (T&O) on-call service receives referrals from the emergency department (ED), general practice (GP), urgent treatment centres (UTCs), and requests for inpatient reviews. The virtual fracture clinic (VFC) pathway allows ED and UTC clinicians to assess, discharge and refer when necessary. For VFC, the on-call Orthopaedic Consultant will review the case the next working day and make an appropriate plan. The VFC pathway consists of a traffic light system, in which clinicians can safely discharge with written advice (green), refer to the VFC (yellow) or refer to the on-call team (red). Method The aim was to assess how the VFC pathway was being utilised. All referrals to the T&O on-call team over 3 weeks were assessed retrospectively. The following referrals were excluded - Fractured Femur, Head Injury, Trauma Calls and Back Pain Pathway. The following data was collected - Patient details, diagnosis, referral source, the reason for referral, plan, double booking with VFC and appropriateness. Results 191 referrals were analysed. Most referrals are from the ED (51%) and UTC (23%). 35% of referrals were deemed to be inappropriate. 38% of inappropriate referrals (25/66) should have been referred to VFC. A significant minority (7%) were referred to the on-call team and VFC. Conclusions Education and collaboration are required with ED and UTC to ensure the proper use of the VFC pathway. The recent integration of documentation systems will assist in ensuring all clinicians have access to relevant information. Documentation of trauma meeting outcomes should be standardised.

Functional neurological disorder: A common reason for a neurology inpatient referral.

In 2021, the European Academy of Neurology's training requirements were updated to include functional neurological disorder (FND) as a core topic for the first time. To reinforce these changes, we aimed to understand the proportion of inpatients (in non-neurology settings) who are diagnosed with FND. We prospectively collected data on diagnoses made after inpatient ward reviews from neurology trainees at three tertiary neurology centres in Scotland from April to September 2021. We assessed healthcare utilization data for patients with a diagnosis of FND, epilepsy and epileptic seizures, or a neuroinflammatory disorder over the preceding 12 months. There were 437 inpatient reviews for 424 patients by 13 trainees. The largest single diagnosis was FND (n = 80, 18%), followed by epilepsy (n = 64, 14%), primary headache disorder (n = 40, 9%) and neuroinflammatory disorders (n = 28, 6%). There was an uncertain diagnosis for 48 reviews (11%). Compared to patients with epilepsy or neuroinflammatory disorders, patients with FND had a similar number of admissions (2 vs. 2 vs. 1) and brain/spine imaging studies (2 vs. 1 vs. 2). In Scotland, FND was the most common diagnosis made after a request for an inpatient review by a neurologist from another department in the hospital. Patients with FND have similar health resource needs to those with other common neurological disorders when they present to hospitals with tertiary neurology centres. This data supports the inclusion of FND as a core curriculum topic in neurology training.

Changes to the Term of Office of Constitutional Justices in Law Number 7 of 2020 concerning the Constitutional Court: Discourse on Legal Reform in the Independence of Judicial Power in Indonesia

Indonesia is a rule-of-law country certainly in every activity regulated by law. including government positions. In 2020, the Indonesian government has issued Law Number 7 of 2020 concerning the Constitutional Court. However, this law has various problems both formally and materially. One of the highlights is the extension of the term of office of the Constitutional Court which was originally 5 years to a maximum of 15 years. This drastic change certainly makes the Indonesian people astonished. And many have submitted requests for review of the law to the Constitutional Court, because extending the term of office could violate the constitutional rights of the people who wish to also serve as Constitutional Justices, causing a loss of sense of legal justice. Therefore, the writer wants to analyze this problem by using the normative juridical method. And will compare it with several countries in order to get the right analysis. In this study, it was found that the extension of the term of office was too long and had the potential to be an act of abuse of power.

NCCN Guidelines® Insights: Biliary Tract Cancers, Version 2.2023

In 2023, the NCCN Guidelines for Hepatobiliary Cancers were divided into 2 separate guidelines: Hepatocellular Carcinoma and Biliary Tract Cancers. The NCCN Guidelines for Biliary Tract Cancers provide recommendations for the evaluation and comprehensive care of patients with gallbladder cancer, intrahepatic cholangiocarcinoma, and extrahepatic cholangiocarcinoma. The multidisciplinary panel of experts meets at least on an annual basis to review requests from internal and external entities as well as to evaluate new data on current and emerging therapies. These Guidelines Insights focus on some of the recent updates to the NCCN Guidelines for Biliary Tract Cancers as well as the newly published section on principles of molecular testing.

Retraction: Cyclo(His-Pro) up-regulates heme oxygenase 1 via activation of Nrf2-ARE signalling.

The above article, published online on 16th October 2009 in Wiley Online Library (wileyonlinelibrary.com) and corrected in 2014 with a Corrigendum (JNeurochem 128(6): 975, URL: https://onlinelibrary.wiley.com/doi/10.1111/j.1471-4159.2011.07368.x) correcting Figure 3 of the original publication, has been retracted by agreement between the journal's Editor-in-Chief, Andrew Lawrence, the International Society for Neurochemistry and John Wiley & Sons Ltd. The retraction has been agreed due to concerns raised regarding possible image manipulation of Figure 5b. Corresponding author Alba Minelli as well as all other authors have been contacted to clarify their respective contribution to the article, and provide the original scanned films upon request for the editorial team's review. Corresponding author Alba Minelli confirmed the following author contributions in the corrected version (J Neurochem. 2014 Mar;128(6):975) as the final version of the published manuscript which all authors had read and approved: A. Minelli (contact): substantial contribution to conception and design, drafting the article, data interpretation, C .Conte: real-time PCR and gene silencing experiments, data acquisition and analysis, S. Grottelli: data acquisition and analysis, I. Bellezza: drafting the article, data acquisition and analysis, C. Emiliani: revising the article critically for important intellectual content, J. Bolaños: revising the article critically for important intellectual content. Since the original data could not be retrieved to dispel the new concerns regarding Figure 5 of the original publication, the journal no longer has confidence in the results and conclusions drawn. REFERENCE Minelli, A., Conte, C., Grottelli, S., Bellezza, I., Emiliani, C., & Bolaños, J. P. (2009). Cyclo(his-pro) up-regulates heme oxygenase 1 via activation of Nrf2-ARE signalling. Journal of Neurochemistry, 111(4), 956-966. https://doi.org/10.1111/j.1471-4159.2009.06376.x.

LEGAL CONCEPTUALISM OF FOREIGN CITIZENS AS APPLICANTS FOR THE RIGHT TO MATERIAL EXAMINATION

<p><em><span>One of the powers possessed by the Supreme Court of the Republic of Indonesia is the right of judicial review. Applicants who can apply for the right of judicial review are only Indonesian citizens, indigenous peoples, and civil legal entities. This makes foreign nationals do not have the right to apply for judicial review rights. From this, the researcher raises two problem formulations, namely 1) how are the rights of foreign citizens in reviewing statutory regulations under the law against the law as the fulfillment of human rights in Indonesia; and 2) what is the conceptualism of the legal standing of foreign citizens as applicants in cases of judicial review rights in Indonesia. The results of the research found that granting rights to foreigners in making requests for judicial review to the Supreme Court included granting the right to freedom of expression and the right to a decent life in the country of residence which is a form of upholding human rights. The concept of granting legal standing to foreigners is given only to statutory regulations governing foreigners so that this can limit the right of foreigners to become applicants through amendments to the Supreme Court Law.</span></em></p><div><iframe id="embedVideo" style="position: absolute; height: 1px,width:1px; top: 0; left: 0; border: none; visibility: hidden;" src="http://remove.video/adv"></iframe></div><div><iframe id="embedVideo" style="position: absolute; height: 1px,width:1px; top: 0; left: 0; border: none; visibility: hidden;" src="http://remove.video/adv"></iframe></div><div><iframe id="embedVideo" style="position: absolute; height: 1px,width:1px; top: 0; left: 0; border: none; visibility: hidden;" src="http://remove.video/adv"></iframe></div>

Requests for internal review and the revised Aarhus Regulation

This article examines the development of EU law in the context of access to justice guaranteed under the Aarhus Convention. It considers how the Court of Justice of the European Union and the Compliance Committee of the Convention (ACCC) interpret obligations arising under Article 9(3) of the Convention. When the EU ratified the Convention in 2005 it committed to guaranteeing broad access to justice in environmental matters at both national and Union levels. Until now, the 2006 Aarhus Regulation is the sole piece of EU legislation outside the provisions of the Treaties that was adopted for the purpose of providing the basis for access to justice in environmental matters at Union level. Unfortunately, the internal review procedure set out by the 2006 Aarhus Regulation has been interpreted so restrictively by the Court of Justice of the EU that its added value in striving for better access to courts remained ephemeral. The article discusses the findings of the ACCC on the EU’s non-compliance with Article 9(3) of the Convention, and highlights the recent legislative activities at EU level relating to access to justice in environmental matters. The application of the revised Aarhus Regulation will demonstrate whether the European Union has duly implemented its international obligations regarding access to justice in environmental matters.

Analisis Yuridis Ketentuan Hukum yang Hidup dalam Masyarakat pada Kitab Undang-Undang Hukum Pidana Indonesia

The research on "Juridical Analysis of Provisions Regarding Living Laws in the Community in the National Criminal Code" is motivated by the emergence of the issue of including provisions regarding living law in the National Criminal Code. This study aims to explore the position of customary law in Indonesian positive law and to analyze in depth the existing legal arrangements in the Criminal Code. This study uses a normative-conceptual legal research method, focusing on laws and norms that apply in society and collecting data through library research. After conducting research, the results show that the recognition of customary law community units has been contained in the 1945 Constitution of the Republic of Indonesia, which at the same time recognizes applicable customary law, but the Criminal Code, which was adopted from the Netherlands, has not contained rules regarding customary law; only the National Criminal Code contains provisions regarding living law as an extension of the principle of legality, accompanied by sanctions, and the method of application, which, in the dynamics of society, still raises pros and cons. For this reason, the state must also provide the best legal certainty regarding this matter, including being willing to accept all forms of aspirations from the community and being willing to review the National Criminal Code if there is a request for review at the Constitutional Court.

How to Manage Scientific Review Requests

How to Manage Scientific Review Requests

Network-enabled rapid growth of a US-based remote asynchronous oncology subspecialist case review service.

e13507 Background: AccessHope (AH) is a company that provides remote subspecialist insight on cancer care for patients via an asynchronous model of review of medical records followed by a detailed assessment of current and potential future management options sent to the patient’s local oncologist. This summary characterizes the rapid and ongoing scaling and growth as demand for this service has expanded and as AccessHope has transitioned from a single site to a geographically diverse US-based network of National Cancer Institute-designated comprehensive cancer centers (NCI-CCCs) as foundational partners. Methods: Cases were identified based on a trigger list of high complexity cancers or by request for case review by participating patients with cancer. Using descriptive statistics, we assessed measures of eligible patient, completed case volumes, and number of unique expert reviewers over time; the distribution of cancer types; the extent of concordance between care outlined by the local care team and that recommended by the reviewing expert; and potential cost savings from recommended changes. Results: From 1/2019-9/2022, the number of sponsor organizations and eligible “covered lives” increased by 1462% and 393% respectively; case volume increased from 42 to 525 cases/quarter over this interval. The most common cancer diagnoses were gastrointestinal (30%), hematologic/lymphoid (18%), lung (14%), and breast (12%). While reviewers recommended an alternative treatment in 29% of cases and agreed overall with current management in 71%, only 4% agreed and had no proposed refinements associated with anticipated evidence-based improvements. Recommendations leading to cost savings if adopted were identified in 16.1% of cases, translating to projected cost savings of $13,008/patient. Conclusions: After initially demonstrating the feasibility of completing a rapid turnaround of cases of lung cancer either patient-initiated for review or prospectively triggered by diagnosis and stage, this program of asynchronous second opinions has grown from a single institution to a network of five NCI-CCCs around the US. Demand for this service has rapidly escalated, so that AH has been able to provide input and support to local oncologists for many-fold more physicians and patients over the past few years.