Supplementary Regulations Research Articles

The Urgency of Regulating the Measure of Violation in Terms of Sanctioning Notary

This study aims to analyze the urgency of legal ambiguity in determining the benchmark for imposing sanctions on notaries based on the Law on Notary Positions (UUJN). The UUJN regulates various sanctions for notaries who violate the law but does not provide clear guidelines regarding the criteria for imposing sanctions. This results in legal uncertainty and inconsistency in the enforcement of sanctions, as evidenced by the different sanctions imposed on two notaries, DS and MI, despite their similar violations. This research employs a normative juridical method with a statutory approach and a case approach. The results show that the ambiguity of norms in the UUJN has the potential to cause injustice in the enforcement of sanctions, as well as disrupt legal certainty and the integrity of the notary profession. In conclusion, a revision of the UUJN or the addition of supplementary regulations that include clearer and more proportional benchmarks for sanctioning is necessary. This will ensure justice and consistency in the application of sanctions, as well as uphold the integrity of the notary profession

Analysing Working from Home Provisions in the Amended Employment Act 1955 and Lessons from the UK

The Employment Act 1955 (EA 1955) has undergone a recent change that has added new rules pertaining to flexible working arrangements (FWA) in Malaysia. This could be seen by some employee groups as an appropriate legal response to their demands for the ability to work from home (WFH). But it's unclear how well-founded this viewpoint is and how much the new laws and regulations will have an impact on WFH settings. Thus, the purpose of this research is to examine the idea of WFH, which is included in FWA models, as well as the extent to which the current legal framework—basically, the new statutory requirements included in the EA 1955—regulates employees' ability to request WFH. Drawing a concise comparison with laws and practices in the UK, the aim is to identify commendable practices, enabling the formulation of recommendations to enhance the local legislations. This paper is a doctrinal legal research that critically analyse both legal sources and non-legal sources to investigate the intended objectives. The study reveals that, as of now, there is no clear direction regarding the overall regulatory framework concerning FWA and WFH in Malaysia. This lack of clarity is attributed to the recent enforcement of laws on FWA, specifically WFH, since January 1, 2023. Notably, supplementary regulations complementing the existing provisions in the EA 1955 have yet to be introduced. Consequently, the actual impact of the law remains inconspicuous. Moreover, the existing statutory provisions are considered relatively vague potentially leading to various issues. The research further found that, good practices and legal provisions from UK jurisdiction in governing the right of employees to request WFH arrangement would have offered useful guidelines in enhancing the practices and governance of the WFH model.

Canada's electricity system transition under alternative policy scenarios

To meet Canada's emissions reduction targets, governments at the federal and provincial levels have developed climate plans and implemented a series of policies and regulations. Canada's latest climate plan, entitled “A Healthy Environment and a Healthy Economy” aims to decarbonize various sectors of the economy including the electricity sector. In this paper, we explore the extent to which implementing announced policies and regulations could drive investment in the electricity sector needed to achieve Canada's climate objectives. To do so, we propose a multi-period, optimization-based capacity expansion model specifically designed for the Canadian context entitled COPPER for the “Canadian Opportunities for Planning and Production of Electricity Resources.” We employ COPPER to analyze Canada's electricity system transition under various carbon management policies. Results show that current and announced policies significantly increase renewable energy capacity, which in turn decrease the electricity system emissions by 40 percent in the mid-term. However, in the long-term, more ambitious actions will be required to achieve the emissions reduction targets. Natural gas-powered generation facilities persist at the proposed carbon tax levels, and thus supplementary regulations or policies will be needed to achieve deep decarbonization.

Triaging and Mediating to Meet the Needs of Families Under The Family Dispute Resolution (Pilot Project) Act of Manitoba

The Family Dispute Resolution (Pilot Project) Act of Manitoba (“FDRA”) creates a three-year pilot project which will mandate the resolution of certain family disputes outside of the courts. Under the FDRA, “resolution officers” will be responsible for triaging families into these alternative resources. Currently, without supplementary regulations, the FDRA provides insufficient guidance to resolution officers to enable them to conduct this triaging role effectively. This is problematic as triaging is the first major step in the FDRA process and will set the course for the parties’ entire dispute resolution experience under the new scheme. Given the importance of this step, and the likelihood that mediation will be one of the primary processes used to resolve disputes under the FDRA, I have attempted to create enhanced guidelines to help resolution officers match parties to the optimal type of mediation to fit their particular needs. These guidelines, which can hopefully help to inform the future drafting of regulations to the FDRA, were informed by both the mediation literature and the results of qualitative interviews which I conducted with some of Manitoba’s most knowledgeable family mediators. Ultimately, I outline several factors which can impact the resolution of family disputes through mediation, and which must therefore inform the triaging decisions of resolution officers. I also argue that resolution officers should be required to receive specific professional mediation designations, and that to facilitate the most successful implementation of the FDRA, the government should not only take the insights from my research into consideration but should also commit to further consultations with our province’s family mediators and other ADR professionals.

Interpretation of ‘Medicinal Ingredient’ under the Certificate of Supplementary Protection Regulations

Minister of Health v GlaxoSmithKline Biologicals S.A.

Comparative Judicial Emergency Administration during Pandemic Covid-19

The Decree of a state of emergency affects not only the executive and legislative branches but also the judiciary. The Covid-19 Pandemic in various countries has both direct and indirect effects on the judiciary, especially in the performance of its duties and functions. This article is to found out the answer of two research question first, how court administration in the United States and Indonesia responds to the Covid-19 pandemic emergency and second, how is its reflection in on optimizing access to justice for court administration even under in the state of emergencies to the pandemic Covid -19. This study uses the comparative method by a study on legal material and practice of judicial emergency in other countries to take the best material and approach to provides advice that needs to be avoided in Indonesian Judiciary. This article has a novelty that legal material in the Judiciary act and procedural law books so limiting delegation to set supplementary regulations for each court and creating potential uniformity for emergency policy in the judiciary.

Regulating Pet Insurance in Indonesia

Nowadays Indonesia has not had a regulation on pet insurance. Meanwhile, in practice, there already are some pet insurance products. This gap has led to pet insurance policies that are only being based on general contract regulations and principles. One of the general contract principles is the consensual principle which is outlined in Article 1320 paragraph 1 of the Civil Code. The research of this paper is conducted based on pet insurance regulations, principles and norms application. It concludes that pet insurance policies that are being based only on the consensual principle have binding legal force as regulated on Article 1338 of the Civil Code. The conception of pet insurance in Indonesia subsequently should refer to the Ministerial Regulations, such as the Regulation of Minister of Agriculture Number 40/Permentan/SR.230/7/2015 regarding Agriculture Insurance Facility and also other supplementary regulations.
 Keywords: Pet Insurance, Insurance Law, Insurance Contracts.

A Framework to Evaluate Land Take Control Policy Efficiency in Friuli Venezia Giulia, Italy

The development of effective policies against land take should be based on a deep knowledge of the specific land use dynamics and their determinants in a regional context. To this end, the traditional quantitative land use change analyses need to be integrated with a more accurate spatial and qualitative evaluation of the effects of the land use zoning of municipal land development plans and of the connected supplementary regulations (e.g., local building regulations). Land take limitation policies in Italy are largely based on the definition of quantitative thresholds for new development zones, while ignoring all those undeveloped zones that have been assigned building rights codes by plans of which the knowledge could largely impact policies. This paper attempted to define a conceptual framework of analysis which integrates a land use change assessment with an analysis in a Geographic Information System (GIS) environment of the spatial distribution of normative zones. The method was tested on the Friuli Venezia Giulia region (north-east Italy)—a territory that has experienced rapid growth in recent decades—by analyzing the spatial impact of the recently promulgated regional laws on land take control, the explicit and specific purpose of which was to limit commercial and industrial land use in the whole region. The soil sealing data were analyzed by performing a cross-comparison with the building rights permissions data, thus achieving a comprehensive evaluation of the past and predicted land take for commercial and industrial uses. Results demonstrated that the expected land take will exceed the past urbanization rate, highlighting a substantial inefficacy of the promulgated regional laws in promoting local land take control. The main innovations of this study relate to the definition of a newer qualitative methodology for framing an efficient decision-making supporting system, while helping to achieve the long-term sustainability of policies.

Advances in Ethical, Social, and Economic Aspects of Chronic Renal Disease in Bolivia

Since 2005, great progress has been made in health care provision to patients with terminal renal failure in Bolivia. Access to dialysis and transplantation is regulated by the Ministry of Health, based on clinical criteria, applied equitably, without favoritism or discrimination based on race, sex, economic means, or political power. Until December 2013, there were no restrictions in dialysis and transplantation in Health Insurance institutions, but they covered only 30% of the population. Now the remaining 70% has access to free dialysis funded by the communities where patients live, with funds coming from the government and taxes on oil products. More than 2,231 people are getting dialysis, reaching a population growth of >60% annually. The number of hemodialysis units has increased by >200% (60 units), making access easier for end-stage renal failure patients. Treatment protocols have been drawn up to guarantee the best quality of life for the patients. The Law on Donation and Transplantation was enacted in 1996, and Supplementary Regulations were enacted in 1997 with various amendments over the past 5 years. A National Transplant Coordination Board, working under the National Renal Health Program, supervises and regulates transplants and promotes deceased-donor transplantation in an attempt to cover the demand for donors. Rules have been drawn up for accreditation of transplant centers and teams to guarantee the best possible conditions and maximum guaranties. Since January 2014, the National Renal Health Program has been providing free kidney transplants from living donors.

Permit sellers, permit buyers: China and Canada's roles in a global low-carbon society

The challenge of creating a global low-carbon society is examined from the perspectives of a slow-growing but highly developed economy (Canada) and a fast-growing developing economy (China). Both countries' responses are compared to a similar carbon price schedule (US$10/tCO2e in 2013 rising exponentially to $100 by 2050) using a hybrid technologically explicit and behaviourally realistic model with macroeconomic feedbacks (CIMS). Then additional measures are imposed based on the national circumstances of each country; for Canada we simulate a 50% reduction by 2050, and stabilization for China. The scale of the challenge in all cases requires that every available option be vigorously pursued, including energy efficiency, fuel switching, carbon capture and storage, and accelerated development of renewables; to compensate, there are significant co-reductions of local air pollutants such as SOx and NOx. Finally, the abatement cost schedules of China and Canada are compared, and implications considered for carbon permit flows if the cost schedule of the rest of the developed world is assumed to be similar to that of Canada. We found that the developed world and China could collectively reduce emissions by 50% in 2050 at a price of $175/tCO2e, with permits flowing from the developed countries to China; while abatement costs are lower in China up to $75/t, at higher prices reductions are less costly in the developed world. Our results indicate that a global low-carbon society is feasible, on condition that policy makers are willing and able to impose long-term, credible policy packages with carbon pricing policy as the core element, coupled with supplementary regulations to address market failures.

Current Trends in Gifted and Talented Education in Taiwan, R.O.C.

The paper traces the history of gifted and talented education programs in Taiwan and describes the factors which influence its development, the current goals and nature of gifted programs. The newly established programs such as Sun-Shine Summer Camps, Science Camps, and acceleration programs are discussed. Support systems are noted in four areas: program design, teacher training, resource, and research. The identification procedure emphasizes multiple criterion. After the promulgation of the Special Education Law in 1984 and its supplementary regulations, the rapid growth of the gifted and talented education in Taiwan, R.O.C. has followed.

The new supplementary benefit regulations

(1980). The new supplementary benefit regulations. The Journal of Social Welfare Law: Vol. 2, No. 6, pp. 341-343.

Water Legislation in the Middle East

Water legislation in the Middle East has a recorded history of four millennia. Since little grows in Southwest Asia' without irrigation (save in some small areas of adequate rainfall), every society which cultivated the soil in that part of the world has found it necessary to regulate the legal relationship between man and man, and man and society; with respect to water. Water legislation is therefore significant in terms of the development of the Middle East. Water legislation is a policy-making instrument in the hands of a government intent on mobilizing national water resources to the fullest degree possible. In the Middle East today, four levels of water legislation are discernible. Local customs, based in part on legal principles dating back perhaps to earliest antiquity, still dominate the water relationships in many parts of the area. Principles of religious law (or civil-law provisions of religious law codes) often provide a theoretical superstructure which, more often than not, has an independent legal existence overshadowed by ancient customs on the one hand and more recent legislation on the other. In many parts of the Middle East, Ottoman law has survived, nearly two generations after the disintegration of the Ottoman Empire, to remain an important aspect of water laws. Finally, the independent states of the area also have more recent legislation, some of it enacted by European governments that had control of parts of the region, some of it enacted after these states attained independence. These new laws may be merely supplementary regulations, designed to facilitate the execution of older legislation rather than to supersede it with new principles. However, it would seem that in order to facilitate modern economic development, the States of the area must, by new legislation, arrogate to themselves sweeping power to regulate the utilization, development, and conservation of national water resources.

The International Radiotelegraph Conference of Washington

The International Radiotelegraph Conference of Washington was opened on October 4, 1927, with an address by President Coolidge and was closed on November 25, 1927, with the signing of an International Radiotelegraph Convention and Annexed General Regulations by delegates representing 78 governments and a set of Annexed Supplementary Regulations by representatives of 75 governments. In his closing address, Secretary Hoover, president of the conference, referred to it as “ the largest international conference of history.”