Journal articles on the topic 'Regulation'
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Raeburn, Paul. "A Regulation on Regulations." Scientific American 295, no. 1 (July 2006): 18–20. http://dx.doi.org/10.1038/scientificamerican0706-18.
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Ruhl, J. B. "Financial complexity: Regulating regulation." Science 352, no. 6283 (April 14, 2016): 301. http://dx.doi.org/10.1126/science.352.6283.301-a.
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Fels, Allan. "Regulating markets: Marketing regulation." Australian Journal of Public Administration 63, no. 4 (December 2004): 29–36. http://dx.doi.org/10.1111/j.1467-8500.2004.00399.x.
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Behan, Laura, Carol Grogan, and Laura M. Keyes. "The impact of regulation on the quality of care in nursing homes in Ireland: a time-series analysis of change in compliance." HRB Open Research 7 (April 24, 2024): 23. http://dx.doi.org/10.12688/hrbopenres.13821.1.
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Background Quality in health and social care is of paramount importance. Regulation is often used for ensuring or promoting quality in care services. Services are typically regulated by independent public authorities, which monitor services for compliance with regulations. There is limited research, however, on services’ compliance with regulations to provide a high quality of care. This study aims to examine nursing home compliance with regulations relating to quality. Methods Secondary legislation used for regulating nursing homes in Ireland was mapped to the Donabedian’s quality framework with each regulation categorised as either “structure”, “process” or “outcome”. The regulations categorised as “outcome” were determined to be quality-related regulations; such regulations were extracted and became this study’s area of focus. Published inspection reports from the regulator in Ireland for a three year period (2019 to 2021) (n=1,153) were assessed. The frequency with which the “outcome regulations” were inspected in nursing homes, and the proportion of compliance achieved, was calculated. Change in compliance levels across the three years was evaluated using Chi2 tests. Results Ten regulations were categorised as “outcome regulations” and addressed the following areas: positive behaviour; protection; residents' rights; communication; visits; personal possessions; food and nutrition; information for residents; medicines and pharmaceutical services; and complaints procedures. Compliance with two regulations (‘Regulation 9: Residents’ rights’ and ‘Regulation 11: Visits’) significantly improved during the three years (p<0.05). Compliance with ‘Regulation 12: Personal Possessions’ significantly decreased over the three years, however, so did the proportion found not compliant. While there was no significant change in the other regulations examined, compliance trended towards improvement, except for one regulation, ‘Regulation 20: Information for residents’, which trended downwards. Conclusion This analysis of national-level data found improvements in compliance across nearly all quality-related regulations demonstrating that regulation can be a positive influence on quality maintenance and improvement.
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Jacobson, Peter D. "Regulating Health Care: From Self-Regulation to Self-Regulation?" Journal of Health Politics, Policy and Law 26, no. 5 (October 2001): 1165–78. http://dx.doi.org/10.1215/03616878-26-5-1165.
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Popondopoulo, V. F. "Dualism of Public Relations Regulation (Legal and Regulatory Regulation)." Theoretical and Applied Law, no. 3(9) (September 2021): 7–16. http://dx.doi.org/10.22394/2686-7834-2021-3-7-16.
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The article examines the issues of differentiation of the regulation of public relations, defined primarily by the differentiation of public relations, and then inherent in their legal forms (based on self-regulation) and external regulatory forms (based on power regulations). The need to renounce the traditional differentiation of the right to industry, including its division into so-called private and public law, is justified because it reflects external forms of expression of law, i.e. differentiation of legislation governing a variety of public relations, divided into private and public relations. The notion of dualism (pluralism) of the law must be replaced (or at least interpreted) with the notion of dualism of the regulation of public relations, meaning legal and regulatory regulation, with all the ensuing consequences. Such an approach implies the need to clarify the entire terminology range of jurisprudence. This article discusses issues such as the legal and regulatory regime (mechanism) of public relations regulation, legal and regulatory principles for regulating public relations, legal and regulatory legal facts, as circumstances that are the basis for the emergence, change and termination of legal relations and power relations.
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Grzeszczak, Robert, and Joanna Mazur. "Regulating without Regulation? Regulating without the Sovereign?" Review of Central and East European Law 46, no. 3-4 (December 8, 2021): 321–45. http://dx.doi.org/10.1163/15730352-bja10056.
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Abstract The development of automated decision-making technologies creates the threat of de-iuridification: replacement of the legal acts’ provisions with automated, technological solutions. The article examines how selected provisions of the General Data Protection Regulation concerning, among other things, data protection impact assessments, the right to not be subject to automated decision-making, information obligations and the right to access are applied in the Polish national legal order. We focus on the institutional and procedural solutions regarding the involvement of expert bodies and other stakeholders in the process of specification of the norms included in the gdpr and their enforcement. We argue that the example of Poland shows that the solutions adopted in the gdpr do not shift the balance concerning regulatory power in regard to automated decision-making to other stakeholders and as such do not favor of a more participative approach to the regulatory processes.
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Wulandari, Andi Sri Rezky, and Andi Rahmah. "Formulation of Water Rights Policies as Basic Rights." Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam 8, no. 1 (June 26, 2021): 1–17. http://dx.doi.org/10.24252/al-qadau.v8i1.21122.
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This study aims to analyze the formulation of water rights policies as basic rights. The research method is normative legal research research with legislation and conceptual approaches through the Library Research. The results of this study are in regulating the water resources sector in Indonesia, readiness is needed from all aspects in order to support the need for clean water as the most vital requirement. The legal settings are not only formalistic but also objective. The national policy formulation of water rights starts from ratifying The International Convention on Economic, Social and Cultural Rights (Ekosob) in 2005 through the Republic Indonesia Law Number 11 of 2005 concerning Ratification of International Covenant on Economic, Social and Cultural Rights. The birth of the Republic of Indonesia Law number 11 of 1974, followed by the Indonesian Law Number 7 of 2004 and the Republic of Indonesia Law Number 17 of 2019 had given birth to a shift in water meaning from each law. Likewise with the implementing regulations, namely Government Regulation Number 22 of 1982, Government Regulation Number 42 of 2008, Government Regulation Number 16 of 2005. At the level of the Ministerial, born ESDM Ministerial Regulation Number 31 of 2018, PUPR Ministerial Regulation Number 15 of 2018, PU Ministerial Regulation Number 2 of 2017. At the Regional Government Regulations level, such as Makassar City Government Regulations Number 6 of 2016. At The Village Government Regulation such as in South Sumatera, Born Karang Agung Village Government Regulation Number 7 of 2018.
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Desyanti, Desyanti, Sudarsono Sudarsono, Muchamad Ali Safa’at, and Tunggul Anshari Setia Negara. "Legal Implications of Regulating Judicial Review of District/City Regulations in Indonesia." International Journal of Social Science Research and Review 5, no. 1 (January 3, 2022): 45–55. http://dx.doi.org/10.47814/ijssrr.v5i1.148.
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This article aims to analyze the legal implications of regulating the judicial review of district/city regulations in Indonesia. The author sees that there is incomplete regulation in the examination of statutory regulations under the law against the law, namely the incomplete set of the regional regulations touchstone, the incomplete set of the scope of the material and formal examination, the incompleteness of the legal standing arrangement, and the incomplete setting of the nature of the trial examination open to the court. This study uses a normative juridical research method with a statutory approach and a conceptual approach to provide answers to problems. The existence of incomplete regulation in the examination of legislation under the law against the law has legal implications as follows: legal uncertainty scope of material and formal testing, the absence of legal order, violation of the hierarchy of legislation, the loss of the central government's legal position in testing local regulation, and weak supervision of regional regulations by the central government.
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Ariyanto, Bambang. "TERTIB DASAR PEMBENTUKAN PERATURAN DAERAH DI PROVINSI JAWA TIMUR." Jurnal Magister Hukum ARGUMENTUM 6, no. 1 (May 6, 2019): 1035–50. http://dx.doi.org/10.24123/argu.v6i1.1856.
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Regional autonomy has given authority to local governments to regulate and manage their own government households. The authority of the regional government in regulating this is realized through regional authority to make legal products called Regional Regulations. This regulation is an operational juridical instrument and controlling instrument for the implementation of regional autonomy. Law Number 12 of 2011 concerning the Establishment of Legislation Regulations mandates that there are stages that must be passed in forming legislation, namely through the stages of planning, drafting, discussion, ratification or stipulation, and promulgation. This study examines and answers the problems regarding the procedure for establishing Regional Regulations in East Java Province. From the normative aspect, how is the process of establishing a Regional Regulation in East Java Province, and whether its formation is in accordance with the orderly basis of the formation of the Laws and Regulations. This study is a normative juridical study using a statute approach and conceptual approach. The results of the study state that the Establishment of Regional Regulations in the Provinces in East Java is in accordance with the basic order of the establishment of Legislation. There are stages in the formation of the Regional Regulation, which refers to the East Java Provincial Regulation No. 1 of 2015 concerning the Establishment of Regional Legal Products. The stages of establishing a Regional Regulation include: Planning, drafting, discussion, final alignment, stipulation or ratification, enactment, clarification and evaluation; and dissemination.
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Elledge, Stephen J., Zheng Zhou, and James B. Allen. "Ribonucleotide reductase: regulation, regulation, regulation." Trends in Biochemical Sciences 17, no. 3 (March 1992): 119–23. http://dx.doi.org/10.1016/0968-0004(92)90249-9.
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Gibson, Matthew. "Regulation-Induced Pollution Substitution." Review of Economics and Statistics 101, no. 5 (December 2019): 827–40. http://dx.doi.org/10.1162/rest_a_00797.
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Environmental regulations may cause firms to reoptimize over pollution inputs. By regulating air emissions in particular counties, the Clean Air Act (CAA) gives firms incentives to substitute toward polluting other media, like waterways, and toward pollution from plants in other counties. I test these hypotheses using the EPA Toxic Release Inventory (TRI). Regulated plants increase their ratio of water-to-air emissions by 177% (102 log points) and their level of water emissions by 105% (72 log points). Regulation of an average plant increases air emissions at unregulated plants within the same firm by 11%.
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Wu, Lihua. "Market Entry of Ride - Hailing: Leveraging Restrictive Regulation and Incentive Regulation." International Journal of Science and Research (IJSR) 12, no. 12 (December 5, 2023): 2056–60. http://dx.doi.org/10.21275/sr231225225117.
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MALHOTRA, NEIL, BENOÎT MONIN, and MICHAEL TOMZ. "Does Private Regulation Preempt Public Regulation?" American Political Science Review 113, no. 1 (November 12, 2018): 19–37. http://dx.doi.org/10.1017/s0003055418000679.
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Previous research has emphasized corporate lobbying as a pathway through which businesses influence government policy. This article examines a less-studied mode of influence: private regulation, defined as voluntary efforts by firms to restrain their own behavior. We argue that firms can use modest private regulations as a political strategy to preempt more stringent public regulations. To test this hypothesis, we administered experiments to three groups that demand environmental regulations: voters, activists, and government officials. Our experiments revealed how each group responded to voluntary environmental programs (VEPs) by firms. Relatively modest VEPs dissuaded all three groups from seeking more draconian government regulations, a finding with important implications for social welfare. We observed these effects most strongly when all companies within an industry joined the voluntary effort. Our study documents an understudied source of corporate power, while also exposing the limits of private regulation as a strategy for influencing government policy.
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Zhu, Yue, Ziyuan Sun, Shiyu Zhang, and Xiaolin Wang. "Economic Policy Uncertainty, Environmental Regulation, and Green Innovation—An Empirical Study Based on Chinese High-Tech Enterprises." International Journal of Environmental Research and Public Health 18, no. 18 (September 9, 2021): 9503. http://dx.doi.org/10.3390/ijerph18189503.
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As the continuous changes in environmental regulations have a non-negligible impact on the innovation activities of micro subjects, and economic policy uncertainty has become one of the important influencing factors to be considered in the development of enterprises. Therefore, based on the panel data of Chinese high-tech enterprises from 2012–2017, this paper explores the impact of heterogeneous environmental regulations on firms’ green innovation from the perspective of economic policy uncertainty as a moderating variable. The empirical results show that, first, market-incentivized environmental regulation instruments have an inverted U-shaped relationship with innovation output, while voluntary environmental regulation produces a significant positive impact. Second, the U-shaped relationship between market-based environmental regulation and innovation output becomes more pronounced when economic policy uncertainty is high. However, it plays a negative moderating role in regulating the relationship between voluntary-based environmental regulation and innovation output. This paper not only illustrates the process of technological innovation by revealing the intrinsic mechanism of environmental regulation on firm innovation, but also provides insights for government in environmental governance from the perspective of economic policy uncertainty as well.
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Nasyrova, G. A. "REGULATION AND SELF-REGULATION OF INSURANCE ACTIVITY." Strategic decisions and risk management, no. 4 (February 19, 2015): 56–63. http://dx.doi.org/10.17747/2078-8886-2010-4-56-63.
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The article examines other countries’ experience in developing methods and types of regulating insurance activity. Aims, tasks and mechanisms of self-regulation in this field are rationalized. Negative aspects of self-regulation are revealed. In the author’s opinion, a balanced combination of state regulation, self-regulation and co-regulation is needed for increasing socio-economic efficiency of insurance activity.
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Shaposhnikov, G. G. "The Legal Regulation of Crowdfunding in the European Union." Actual Problems of Russian Law 16, no. 10 (November 20, 2021): 12–19. http://dx.doi.org/10.17803/1994-1471.2021.131.10.012-019.
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The paper examines the provisions of the current European Union legislation in the field of crowdfunding in order to establish the features of the legal regulation of the issue in question. The author examines the prerequisites for the adoption of the first special acts regulating crowdfunding at the level of the European Union. The paper designates the scope of regulation of the basic act on European crowdfunding–Regulation (EU) 2020/1503 of the European Parliament and of the Council of 7 October 2020 on European providers of crowdfunding services for businesses, and amending Regulation (EU) 2017/1129 and Directive (EU) 2019/1937. It also describes the basic requirements for the providers of crowdfunding services, the rules for the provision of crowdfunding services in the territory of the European Union and highlights the procedures necessary to implement the provisions of the Regulation under consideration. It is noted that the structure of crowdfunding regulation within the European Union is not uniform, crowdfunding activities are cross-border, and certain forms of crowdfunding are not subject to regulation by existing regulations.
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Hogan, John W., Gary Murphy, and Raj S. Chari. "“Next Door They Have Regulation, But Not Here …”: Assessing the Opinions of Actors in the Opaque World of Unregulated Lobbying." Canadian Political Science Review 2, no. 3 (September 29, 2008): 125–51. http://dx.doi.org/10.24124/c677/200843.
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The lobbying of government by various interests is regarded as central to the democratic process. Deliberative democratic theorists tell us that the regulation of lobbying has a positive effect on political systems, and the behaviour of those within them. Yet, only four democratic systems (Canada, USA, EU and Germany) have legislation regulating lobbyists’ activities, and even this regulation is not all pervasive. Here we examine the attitudes of actors in states, provinces, and institutions in the above democracies, where no regulations exist. This ensures that the actors we deal with have knowledge of lobbying regulations, what these regulations entail, as well as the consequences of the absence of any such regulations. Our objective is to discover if these actors see benefits in the introduction of lobbying legislation, as is suggested by deliberative democratic theory.
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Riski, Riski. "KEDUDUKAN PERATURAN MENTERI TERHADAP PEMBENTUKAN PERATURAN DAERAH." JURNAL AKTA YUDISIA 5, no. 2 (April 17, 2021): 118. http://dx.doi.org/10.35334/ay.v5i2.1912.
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Regional Regulation which in principle are formed in the context of carrying out government affairs which are the authority of the regions, in fact are considered to be contrary to ministerial regulation. This is because the position and content of the ministerial regulation has not been regulated in the Law on the formation of regulation, while the level of dynamics of change is very high and fast compared to local regulations whose formation is influenced by political interests in the region and requires a long time. The problems discussed in this study were the legis ratio of the position of ministerial regulation according to Law Number 12 of 2011 concerning the formation of regulations and the juridical implications of the position of ministerial regulation on the formation of regional regulations. This study aimed to determine the legis ratio of ministerial regulation according to Law Number 12 of 2011 concerning the formation of legislation and the juridical implications of the position of ministerial regulation on the formation of regional regulations. This research was expected to contribute thoughts both theoretically and practically to the dynamics of legal development in Indonesia. The research used normative juridical method that consisted of primary, secondary and non legal materials. From the results of the study it was concluded that, First, the position of ministerial regulation is a legislation that was formed based on the order of higher legislation (delegated legislation), while ministerial regulation which was formed based on authority is a policy regulation (Beleidsregel). Second, regional regulation must refer to and base their formation on ministerial regulation, if the ministerial regulations is formed based on the authority of attribution and/or delegation of the formation of legislation and its position contained in the hierarchy of statutory regulations and not formed based on the authority to administer government affairs (Bestuur). Keywords: Status of Regulations, Ministerial Regulation, Regional Regulation
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McDavid, Brennan. "Plato’s Market Optimism." Polis: The Journal for Ancient Greek and Roman Political Thought 39, no. 3 (September 7, 2022): 446–65. http://dx.doi.org/10.1163/20512996-12340377.
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Abstract Despite the extensiveness of top-down control in his ideal city, Plato takes seriously the idea that the market does not require total regulation via legislation and that participants in the market may be capable of self-regulation. This paper examines the discussion of market regulation in the Republic and argues that the philosopher rulers play a very limited role in regulating market activities. Indeed, they are concerned only with averting excesses of wealth and poverty. The rules and regulations that are foundational to the daily functioning of the market – enforcement of contracts, resolution of disputes, etc. – are endogenous to the market participants themselves. In allowing for this self-regulation, Plato expresses tempered optimism about the market and a profound confidence in his ideal city’s educational program.
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Nikam, Rahul J. "Model Draft Regulation on Cryptocurrency in India." Hasanuddin Law Review 4, no. 2 (August 26, 2018): 146. http://dx.doi.org/10.20956/halrev.v4i2.1466.
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This article looks at the application of present Indian payment system policies and regulatory model on virtual-currency in India. In fact, simply banning cryptocurrency in India would not serve the purpose of legislature and Reserve Bank of India (RBI); rather it will boost cryptocurrency frauds in India due to absence of any law. The present article analysis shows that there is an ample scope within the present models and policies with necessary amendments to facilitate the regulation of virtual-currency in India. The analysis also suggests new model regulation on cryptocurrency which shall constitute the basic model regulations in India to govern cryptocurrency technology and products. Author uses the Banking Regulation Act as a model, regulating all types of new fintech products such as cryptocurrency, Bitcoin & business activity, its intermediaries, exchanges, customer protection in robust and transparent fashion in India.
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Liu, Guang, Liwen Zhang, Yang Gan, Yan Wang, Dengke Chen, Yuguo Dai, Lin Feng, Pengfei Zhang, and Huawei Chen. "Liquid transport with direction guidance and speed enhancement from gradient and magnetized micro-cilia surface." Applied Physics Letters 120, no. 19 (May 9, 2022): 191603. http://dx.doi.org/10.1063/5.0089149.
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Liquid transport regulation has attracted wide attention recently due to its potential applications in micro-fluidic devices, heat management, and mechanical engineering. Various liquid regulation strategies for direction guiding and speed enhancing have been developed with inspirations from nature, such as desert beetles and Nepenthes alata peristome with either gradient wettability or anisotropic structures, whereas their combined strategies for enhanced liquid regulations have barely been discussed due to the unclear coupling mechanisms. Herein, inspired by liquid transporting structure on Ligia exotica's leg, a smart flexible surface with gradient distributed and magnetized micro-cilia array is proposed to realize liquid spreading regulations in speed and direction. Different gradients and magnetic fields have been compared for liquid regulating performances, where the anisotropy ratio of liquid spreading could be enhanced from 0 on uniform surface to ∼0.3 on gradients surface, to even ∼0.6 by coupling magnetic field. The underlying liquid regulating mechanism has been established based on the mutual effects of liquid pinning and capillarity at different cilium inclined angles, cilium gap distance, and surface wettability. Finally, several liquid regulation applications are explored and offer potentials for fields of medicine and heat management.
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Kazakova, Iryna, Svitlana Kovalenko, Viacheslav Lebedynets, Daria Bondarenko, and Viktoriya Kazakova. "Cosmetic products as an object of technical regulation of the ministry of health. Development of a methodology for the implementation of the technical regulations." ScienceRise: Pharmaceutical Science, no. 5(33) (October 29, 2021): 41–48. http://dx.doi.org/10.15587/2519-4852.2021.243123.
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From 2021, cosmetic products are subject to technical regulation of the Ministry of Health, which is responsible for ensuring the implementation of Technical Regulations, approval of guidelines for their application, national standards in accordance with the requirements of Technical Regulations. It was adopted in early 2021. For the first time in Ukraine, the technical regulations for cosmetic products apply to cosmetic products the principles of technical regulation, powers to comply with which are vested in the relevant Ministry of Health.
The aim of this work is to develop a methodology for implementing the Technical Regulations for cosmetic products as an object of authority of the Ministry of Health.
As research materials the processes of technical regulation of cosmetic products are studied, logical, investigation methods of research, and also a method of the content analysis are used.
Results. An analysis of the practice of regulating the circulation of cosmetic products in a number of foreign countries, identified and systematized potential risks in the implementation of the principles of its technical regulation. Based on the analysis of causal relationships in the process of implementing the requirements of the Technical Regulations for cosmetic products, the methodology of its practical application is proposed.
Conclusions. The tendencies of regulatory policy in relation to cosmetic products in a number of foreign states and Ukraine are established. The analysis of the main provisions of the Technical Regulations for cosmetic products is carried out and the methodology of its introduction is developed
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Agustiwi, Asri, Isharyanto, and Hartiwiningsih. "Local Regulation Cancellation Mechanism and its Legal Consequence based on Lex Superiori Deregot Legi Inferiori Principle in Economy." SHS Web of Conferences 54 (2018): 01005. http://dx.doi.org/10.1051/shsconf/20185401005.
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This article addressed the local regulation cancelling mechanism and its legal consequence based on lex superiori derogat legi inferiori principle. The authorization of local area has contributed positively and negatively. Per June 2016, there have been 3,143 regulations voided or revised by Government including Local Government, Interior Ministry, and Governor: 111 Interior Minister’s decrees and 1,267 Local Regulations or Local Leader Regulations at Regency/City level. This figure consisted of 1,765 Local Regulations or Local Leader Regulations at Regency/City level: 111 Interior Minister’s Regulation or Decree and 1,267 Local Regulations or Local Leader Regulations at Regency/City level. The research method is normative juridical method involving document and regulations which related with the local regulation cancellation mechanism. Those data are sharpen with normative descriptive qualitative analysis. The result of research showed that legislator and drafter could not formulate a provision of Local Regulation freely but it should consider the higher legislations such as 1945 Constitution (thereafter called UUD 1945), Law, Government Regulation, and Presidential Regulation, and Local Regulation Cancellation can be made if the regulation disrupts concord between members of community, access to public service, public orderliness and composure, and economic activity to improve the people’s wellbeing, and or results in discrimination against ethnic, religion and belief, race, inter-group, and gender.
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Ofis Rikardo. "Peningkatan Fungsi Pengawasan DPRD Melalui Penyebarluasan/Sosialisai Peraturan Daerah Provinsi DKI Jakarta Nomor 2 Tahun 2018 Tentang Perpasaran." Abdi Bhara 2, no. 2 (January 2, 2024): 193–201. http://dx.doi.org/10.31599/abhara.v2i2.3325.
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Abstrak
Peraturan Daerah merupakan salah satu jenis peraturan perundang-undangan yang terdapat dalam sistem hukum Indonesia. Pembentukan peraturan daerah tidak boleh bertentangan dengan peraturan yang lebih tinggi di atasnya yaitu UUD 1945, Tap MPR, dan UU/Perpu. Peraturan Daerah Pemerintahan Provinsi DKI Jakarta Nomor 2 Tahun 2018 tentang Perpasaran merupakan langkah progresif dalam mengatur mengenai pasar di DKI Jakarta dimana sebelumnya sudah ada Peraturan Daerah yang mengatur hal yang sama yaitu Peraturan Daerah Nomor 2 Tahun 2002. Setelah enam belas tahun berlalu terdapat perubahan pada struktur ekonomi masyarakat maupun pada peraturan perundang-undangan penunjangnya. Sehingga hadirnya Peraturan Daerah Nomor 2 Tahun 2018 sebagai langkah yang patut diapresiasi dalam memajukan ekonomi pada pasar-pasar yang ada di DKI Jakarta. Peraturan Daerah Nomor 2 Tahun 2018 ini hadir memberikan pengaturan perpasaran yang lebih terintergrasi, setara dan berkeadilan dalam upaya menciptakan kepastian berusana dan hubungan kerjasama yang seimbang antara pemasok dan pengecer dengan tetap memperhatikan keberpihakan kepada koperasi, serta usaha mikro, kecil dan menengah.
Abstract
Regional regulations are a type of statutory regulation contained in the Indonesian legal system. The formation of regional regulations must not conflict with higher regulations, namely the UUD 1945, TAP MPR, and UU/Perpu. DKI Jakarta Provincial Government Regional Regulation Number 2 of 2018 concerning Markets is a progressive step in regulating markets in DKI Jakarta where previously there was a Regional Regulation that regulated the same thing, namely Regional Regulation Number 2 of 2002. After sixteen years have passed there have been changes to the structure society's economy and its supporting laws and regulations. So the presence of Regional Regulation Number 2 of 2018 is a step that should be appreciated in advancing the economy in markets in DKI Jakarta. Regional Regulation Number 2 of 2018 is here to provide market regulations that are more integrated, equal and fair in an effort to create fashion certainty and balanced cooperative relationships between suppliers and retailers while still paying attention to the alignment of cooperatives, as well as micro, small and medium enterprises.
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Gruszczyńska, Agnieszka. "O zabijaniu — uśmiercanie zwierząt przeznaczonych do celów gospodarczych w świetle przepisów rozporządzenia Rady WE nr 1099/2009 oraz regulacji krajowych." Przegląd Prawa i Administracji 108 (June 26, 2017): 103–13. http://dx.doi.org/10.19195/0137-1134.108.8.
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ON TAKING LIFE — THE KILLING OF ANIMALS DESTINED FOR COMMERCIAL USE IN THE LIGHT OF THE COUNCIL REGULATION EC NO. 1099/2009 AND DOMESTIC REGULATIONSLegal articles aiming to protect animals from pain and suffering during killing process constitute one of the key areas of humanitarian animal protection regulations. Within the EU law, the Council Regulation EC No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing constitutes the main act regulating this area Official Journal L 303 of 18.11.2009, pp. 1–30. The member countries have pledged to apply the said Regulation as of January 1, 2013. In order to assure its proper implementation it is necessary to introduce the EU regulations into domestic legislature, while simultaneously revoking the overlapping or conflicting domestic regulations. To date 15.12.2018, Poland has failed to fulfil the above obligation, while the application and interpretation of the EU and domestic regulations remain contentious. This results in the need to verify each particular case with regard to the applicable regulations by an entity responsible for commercial animal slaughter or by asupervisory body, which negatively impacts on the animal protection.In March 2016 the Minister of Agriculture and Rural Development presented adraft of an amendment to the Animal Protection Act for public consultation and settlement, whose aim is to implement the above-mentioned regulations. However, the proposed solutions evoke many questions and substantial doubts, while at the same time in the project implementation activities are lacking.The implementation of regulations ensuring proper application of the 1099/2009 Regulation should be considered crucial to guarantee the correct standards of protection of animals at the time of killing.
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Savin, Andrej. "New directions in EU digital regulation post-2015: Regulating disruption." Pravni zapisi 11, no. 1 (2020): 93–120. http://dx.doi.org/10.5937/pravzap0-26241.
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Rahadiyan, Inda, and Paripurna P. Sugarda. "Urgensi Pengaturan Prinsip Keterbukaan Dalam Equity Crowdfunding Dan Implikasinya Terhadap Perlindungan Investor." Jurnal Hukum Ius Quia Iustum 29, no. 2 (May 1, 2022): 261–82. http://dx.doi.org/10.20885/iustum.vol29.iss2.art2.
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The implementation of equity crowdfunding (ECF) is part of capital market activities. Capital market activities prioritize the principle of transparency in order to safeguard the trust of the investors. However, Financial Services Authority (OJK) regulations regarding ECF do not provide clear and adequate arrangements for the obligations of the principle of transparency. The problems studied in this research include: First, what is the urgency of regulating the principle of transparency in ECF? Second, what are the implications of the void in the regulation of the ECF principle of transparency to investor protection? The type of research used is normative legal research. This study uses statutory and conceptual approaches with a qualitative descriptive analysis method. The results of the study conclude: First, considering the crucial role of the principle of transparency as the main principle of the capital market, the existence of regulations regarding the principle of transparency is also needed in the implementation of ECF as part of capital market activities. Second, the absence of regulation regarding transparency in the administration of ECF results in non-optimal legal protection for investors. This is understandable because the substance of the ECF can actually be compared to a public offering in the capital market. In addition, the current OJK regulations related to investor protection have not specifically accommodated the interests of ECF investors. This is due to the nature of the regulation which is still scattered in several regulations and the nature of the regulation which is still repressive.
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.KIYAZOVA, A. "CORPORATE ACTS AS A MEANS OF SELF-REGULATION OF BUSINESS AND PROFESSIONAL ACTIVITIES." Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 1, no. 64 (March 30, 2021): 80–90. http://dx.doi.org/10.52026/2788-5291_2021_64_1_80.
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In recent years, the mechanism of state regulation of business activity has experienced structural changes. Nevertheless, in the context of the emergence of a new model of self-regulation of business and professional activity, the sources of corporate regulation, internal acts of organizations, retain their significance and acquire additional features. Corporate acts of self-regulating organizations are usually divided into two categories. The first category covers documents that define the legal status of the organization itself, the structure of its governing bodies, the order of membership, the formation of property, responsibility, and other internal issues. These documents include the constituent documents and various regulations. Another group of corporate acts determined by the nature of the institution of self-regulation is associated with the implementation of the regulatory and rule-making function and conditioned by the development and approval of internal standards and rules. The nature of these acts should exclude the repetition of the provisions of regulatory legal acts and provide for additional requirements for business and professional activities. The legislation applies content requirements to standards and rules and, in some cases, provides for mandatory approvals and conclusions of certain organizations. However, the regulatory legal regulation leaves questions about the procedure for approving and obtaining an opinion on standards and rules, the competence of the authorized body, and the development of business ethics standards. The analysis of the existing standards revealed the fact of poor-quality development of standards by self-regulating organizations and the unavailability of information about their approval. Thus, corporate acts of self-regulating organizations have a legislative basis and not only contain provisions on organizational issues, but also significantly determine the internal regulation of its activities. The elimination of existing inaccuracies in regulatory legal acts will contribute to the improvement of the effectiveness of regulation in the field of business and professional activities.
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Gao, Kai, and Lijun Ma. "Security Regulation and Enterprise Innovation in Communication Industry." Security and Communication Networks 2021 (December 26, 2021): 1–11. http://dx.doi.org/10.1155/2021/3307493.
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This paper conducted an evolutionary game model of the interaction between the governments and communication enterprises and analyzed the impact of the government’s communication security regulation on the innovation decision-making of communication enterprises. The results show that the behavior of the governments depends on the social benefits, rent-seeking benefits, and regulating costs in strict and de security regulations. The communication enterprises’ behavior depends on the benefits of innovation and the costs in R&D and rent-seeking. When government subsidies are relatively inadequate, the communication enterprises’ strategy under government security regulation swings from not-innovation finally to innovation. The policy implications of this study indicate that appropriate de security regulation by the government will help communication enterprises generate a good atmosphere for innovation, and the appropriate increase in subsidies will be more conducive to driving enterprise innovation.
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Han, Sang-Hoon. "An Legal Study on the Strict Enforcement of Land Use Regulation." Korean Public Land Law Association 104 (November 30, 2023): 99–120. http://dx.doi.org/10.30933/kpllr.2023.104.99.
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Land is a representative property right guaranteed by the Constitution as well as its ownership is understood as a basic right supporting human life. Land is one of the limited natural resources and base of human survival such as water and air and its external effectiveness is quiet big. In addition, due to its original characteristics such as locational immobility, fixed enlargement, permanency and use diversity the value of the land is changed according to its uses and its usage. Therefore, although the individual land ownership is allowed by the society it should use properly in terms of following its public characteristics. For this reason land use regulation which limit the individual land ownership should have an obvious reason for justifying such a regulation. Considering these circumstances, it is an acceptable assumption that the current land use regulation has an obvious reason for regulating land uses. Thus, even though it take quiet some time to use the land because of the overlapped land use regulations we need to have a clear understanding about the reason of the implementation of the overlapped land use regulations to minimize unwanted problems generated from the overlapped land use regulations. From these perspetives we propose that the current efforts to solve the problems generated from the overlapped land use regulations need to restart to make it clear what is the public interest from implementation of the the land use regulations.
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Du, Ming. "WTO REGULATION OF TRANSNATIONAL PRIVATE AUTHORITY IN GLOBAL GOVERNANCE." International and Comparative Law Quarterly 67, no. 4 (September 13, 2018): 867–902. http://dx.doi.org/10.1017/s0020589318000313.
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AbstractFollowing the proliferation of private standards in the global supply chain trade, it has become clear that these can have adverse effects on international commerce and world welfare in the same way that government-imposed mandatory regulations do. However, the scope of the obligation of WTO Members in relation to the regulation of private standards remains vague and open to divergent interpretations under WTO law. This article starts from the premise that the debate should move beyond the search for a reasonable interpretation of relevant WTO disciplines and instead begin to consider normative questions concerning the legitimacy and accountability of transnational private regulation in global governance and the potential role of the WTO in regulating such private authority. The article explores what justifies the role of the WTO, a multilateral intergovernmental organization, in regulating transnational private standards and how a regulatory mechanism might be designed and implemented in practice.
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A. Griffith, Jennifer, Shane Connelly, and Chase E. Thiel. "Emotion regulation and intragroup conflict: when more distracted minds prevail." International Journal of Conflict Management 25, no. 2 (April 8, 2014): 148–70. http://dx.doi.org/10.1108/ijcma-04-2012-0036.
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Purpose – In order to shed light on whether and how leaders should help manage group members' emotions related to intragroup conflict, the aim of this paper was to investigate the effects of several outcomes associated with two cognitive emotion regulation strategies, cognitive reappraisal and distraction, in the presence of two distinct types of conflict, relationship or task-oriented. Design/methodology/approach – A 2×3 between subjects' experimental design was employed to investigate the influence of intragroup conflict and emotion regulations strategies on individual-level discrete emotions and group processes and outcomes. Findings – Results suggest that emotion regulation plays an important role in moderating the negative consequences associated with relationships conflict. Specifically, distraction served a critical function to those in the relationship conflict conditions such that both cohesion levels and task performance levels were elevated when group members used distraction as a means of regulating emotions. Research limitations/implications – This study extends research in the area of emotion regulation into a group context and extends other research that suggests distraction may have potential as a means of regulating emotion. Long-term groups with experience in problem solving may have behaved in different ways than participants in this study. Originality/value – Emotion regulation strategies have been studied only in an individual context. This study is particularly valuable in understanding how emotion regulation strategies work differentially when applied to multiple individuals in a shared setting. Additionally, it incorporates the use of distraction as a viable regulation strategy.
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Spafford, Michael L., Daren F. Stanaway, and Sabin Chung. "Blockchain and cryptocurrencies: a cross-border conundrum." Journal of Investment Compliance 20, no. 3 (October 14, 2019): 10–19. http://dx.doi.org/10.1108/joic-05-2019-0027.
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Purpose To analyze the CFTC’s approach to regulating cryptocurrencies and blockchain technologies in light of their cross-border nature, limitations on the CFTC’s extraterritorial authority, and the CFTC’s prerogative to work cooperatively with foreign regulators. Design/methodology/approach Discusses the principles set forth in CFTC Chairman Christopher Giancarlo’s White Paper regarding cross-border swap regulation; analyzes the similar nature of cross-border issues arising from regulation of cryptocurrencies and blockchain technologies; examines regulations and guidance implemented by foreign authorities in the blockchain and cryptocurrency space; and assesses the limitations of the CFTC’s extraterritorial authority. Findings The principles set forth in Chairman Giancarlo’s White Paper regarding cross-border swap regulation apply equally to blockchain technologies and cryptocurrencies, and as such, the CFTC may wish to pursue an analogous approach to regulating cryptocurrencies and blockchain technologies. Practical implications The CFTC should exercise deference to and cooperate with foreign counterparts to regulate cryptocurrencies and blockchain technologies that traverse international borders, thereby avoiding overlapping and potentially conflicting regulation while fostering an innovative growth environment for emerging technologies. Originality/value In-depth analysis and insight from experienced professionals in the CFTC and cross-border investigations and enforcement space.
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Медведев and V. Medvedev. "Technical Regulation Reforms in Power Industry Through a Prism of CJSC ENSERTIKO History." Safety in Technosphere 1, no. 5 (October 25, 2012): 64–68. http://dx.doi.org/10.12737/113.
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CJSC ENSERTIKA main activities in Russian power reorganization period as well as in modern conditions are considered. The
assessment of enactment results of a number of standard documents regulating conditions and rules of production and services
certification is presented. Certification problems caused by development of interstate or supranational technical regulations are shown. The fear has being expressed that three-level model of Russian normative and technical regulation accepted in the Law No. 184-FZ for providing communication between legal norms and technical norms becomes inadequate for technical regulation targets.
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Winarsasi, Putri Ayi, Mutia Cherawaty Thalib, Mohamad Rivaldi Moha, and Nurul Fazri Elfikri. "State Control Of Electronic Information Resources: Role And Efforts In The Modern Context." Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo 16, no. 2 (June 18, 2023): 405–18. http://dx.doi.org/10.21107/pamator.v16i2.20234.
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This research focuses on the role and responsibility of the state in controlling and regulating electronic information resources, especially in the scope of e-commerce in Indonesia. In the digital era, the rapid development of e-commerce requires effective and comprehensive regulation to ensure the integrity, security, and growth of this industry. This research discusses several necessary regulations adopted by the Indonesian government, including Law Number 11 of 2008, which was changed to Law Number 19 of 2016 concerning Information and Electronic Transactions, Government Regulation No. 82 of 2012 concerning the Implementation of Electronic Systems and Transactions, Law Number 7 of 2016 concerning Trade, and Bank Indonesia Regulation No.11/12/PBI/2009 concerning Electronic Money. This research shows that these regulations and policies have established a Solid legal framework for e-commerce in Indonesia. However, given the rapidly changing technology and industry dynamics, these regulations and policies must be continuously updated and adapted to new needs. Therefore, the state's role in monitoring industrial developments, adjusting regulations, and educating the public is essential in establishing a fair, safe, and sustainable e-commerce ecosystem. Overall, this research shows that balancing consumer protection and industry growth is critical for the future of e-commerce in Indonesia.
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Harianto, Aries. "Does Religious Holiday Allowance Policy during Covid-19 Provide Legal Certainty?" Sriwijaya Law Review 5, no. 1 (January 31, 2021): 86. http://dx.doi.org/10.28946/slrev.vol5.iss1.673.pp86-100.
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The Circular Letter of the Minister of Manpower No. M/6/HI.00.01/V/2020 concerning the Implementation of Religious Holiday Allowance Payment (THR) of 2020 in Companies during Covid-19 Pandemic is a regulation expected to complete THR payment problems in this Pandemic situation. However, normatively, this regulation raises new legal issues. This regulation's provisions contradict the principle of legal certainty because it contradicts the laws and regulations above it. Under the juridical normative type of research, the results of this research found the emergence of legal consequences due to industrial relations disputes for employment relations actors if the agreement on THR Payment is not achieved. This research has also found that the Minister Circular Letter on THR Payment basically contradicted the principle of legal certainty because the status does not belong to the statutory regulations, meaning that it has no force to be applied as statutory regulations do. Based on the Statutory regulation, the minister Circular Letter's legal status only applies to internal institutions which issue and belongs to technical and administrative arrangements. Thus, legal action as research result recommended to the government is revoking the minister's circular letter on THR Payment.
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Mulyani, Basri. "DEKONSTRUKSI PENGAWASAN PERATURAN DAERAH SETELAH BERLAKUNYA UNDANG-UNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA." JURIDICA : Jurnal Fakultas Hukum Universitas Gunung Rinjani 2, no. 1 (November 29, 2020): 91–113. http://dx.doi.org/10.46601/juridica.v2i1.183.
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Constitutional Court Decision of Number 137/PUU-XIII/2015and Decision Number 56/PUU-XIV/2016 which state that theauthority of the Minister of Home Affairs and the Governor asthe representative of the central government in cancelingProvincial Regulations, District Regulation/City Regulation,Governor Regulation, and Regent Regulation/Regulation ofMayor was inconstitutional. So only the Supreme Court has theauthority to revoke Provincial Regulations, DistrictRegulation/City Regulations, Governor Regulation, and RegentRegulation/Regulation of Mayor. This analysis makes use of thelegal juridical normative research method. The results showthat in a state of unity it is appropriate that higher levels ofgovernment are given the authority to supervise theregulations set in the regions. The supervision can beimplemented by conducting such a guidance to the regionthrough the strengthening of executive preview or legal normreview before it is legally binding in general
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Putra, Andi Bayu, and Oki Setyandito. "Analysis on Construction Cost Estimation Ministry Regulation Year 2016 and Year 2022 for Construction Projects." Jurnal Sains dan Teknologi Industri 20, no. 2 (February 15, 2023): 611. http://dx.doi.org/10.24014/sitekin.v20i2.21790.
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Cost is one of the 3 most important project management components, with the other two being Quality and Time. The calculation of construction work costs in detail is regulated in Indonesia by a Ministry Regulation. This Ministry Regulation has only undergone changes in 2022, which replaces and/or fixes several existing rules in the previous Regulation issued in 2016. For brevity, the two Regulations is shortened to regulation 2016 and regulation 2022. Of course, the accuracy of these regulations is especially important regarding the smooth implementation of projects. This study uses the two Ministry Regulations on two different Construction Projects to see analyse the different result of cost calculation caused by the regulation change. This change itself is important to be understood to continuously improve the Ministry Regulation regarding cost estimation. In conclusion, regulation 2022 can produce a more accurate results, with regulation 2016 often gives a higher cost estimation than regulation 2022. For future research it is best to analyse other type of construction infrastructure to gain more insight into which estimation that can still be improved in the future.
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Nusanto, Irfan Ardyan. "Analisis terhadap Dualitas Peraturan Menteri dalam Sistem Peraturan Perundang-Undangan di Indonesia." Volksgeist: Jurnal Ilmu Hukum dan Konstitusi 4, no. 1 (June 23, 2021): 53–68. http://dx.doi.org/10.24090/volksgeist.v4i1.4245.
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This article examines the duality of ministerial regulations in Indonesian regulation system based on their making authority sources according to Law No. 12 Year 2011 concerning Regulation Making Rules (UU P3). The approach methods used in this research are conceptual approach and statute approach. This article concludes there are two ministerial regulations which recognized as regulations by UU P3 that should be distinguished. Ministerial regulation which was made by higher regulations order (delegated legislation) could be categorized as an implementing rule (verordnung). Whereas, ministerial regulation which was made based on ministery position authority (inherent aat het bestuur) could be categorized as a beleidsregel, standing as policy rules. Though, the two of them were recognized as regulations, however, they have different design, background and character, thus, their substance, binding power, hierarchy position and review mechanism, were not the same. Therefore, ministerial regulation which was beleidsregel could not be applied as the same as implementing regulation (verordnung).
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Kostiushko, Oleg. "The latest experience of statutory regulation of lobbying in Europe." Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav 29, no. 2 (May 6, 2024): 44–56. http://dx.doi.org/10.56215/naia-herald/2.2024.44.
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In the 21st century, the number of countries that have developed special regulations in the field of lobbying has almost doubled, which shows that modern elites are interested in regulating lobbying. The purpose of this study was to conduct a comparative analysis of the legal framework regulating lobbying activities in several European countries, namely the UK, Germany, and France. Apart from the general scientific methods of analysis, synthesis, and generalisation, the study employed the method of comparative legal analysis and the method of institutional analysis. Based on a comprehensive literature review, this study highlighted recent research that has contributed to the development of the theoretical framework for the regulation of lobbying. The study provided a critical analysis of various legislative approaches adopted by European countries, assessing their effectiveness in promoting transparency, accountability, and ethical lobbying practices. The study compared the legislative frameworks and outlined the current challenges and opportunities inherent in regulating lobbying. The comparative analysis identified common and distinctive features in each country’s approach to lobbying regulation. The UK model focuses on voluntary registration and self-regulation, while Germany’s approach reflects a more informal practice with minimal legal requirements. In contrast, France has taken stricter measures, focusing on mandatory registration and public disclosure of lobbying activities. The study summarised the best practices that can be used in the development of lobbying legislation. This study is a contribution to the debate on the role of lobbying in democratic societies. The conclusions offer recommendations that should be followed when preparing new drafts of lobbying regulations or when reforming the current legislation in the relevant area. This study is also of practical significance for European politicians, lobbyists, and civil society specifically. Based on the considered approaches of the UK, Germany, and France, states can identify best practices and adapt them to their unique political, social, and legal contexts
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Bakarbessy, Andress. "PERATURAN YANG DITETAPKAN OLEH KEPALA DESA (Kajian Terhadap Pasal 8 ayat (1) UU No 12 Tahun 2011 Tentang Pembentukan Peraturan Perundang-Undangan)." Perspektif Hukum 17, no. 2 (November 6, 2017): 228. http://dx.doi.org/10.30649/phj.v17i2.174.
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Abstract : Article 2 Domestic Ministerial Regulation Number 111 of 2014 concerning technical guidelines for Village Regulations states that Type of Regulation in the village includes: a. Village Regulation b. Joint Regulation of the Village Head; and c. Village Head Regulation. Meanwhile, Article 8 paragraph (1) of the Law Establishing Legislation states that the type of legislation also includes the rules set by ... Village Heads or the equivalent. Based on the construction of norms Article 8 paragraph (1) of the Law on Establishment of Legislation, village regulations cannot be categorized as regulations established by the village head because a village regulation must have a joint agreement between the village head and the village consultative body and must be promulgated in Village and legal sheets become village regulations even though they are not stipulated by the village head.
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Chandra, M. Jeffri Arlinandes. "PERATURAN DAERAH ( PERDA ) SYARI’AH DAN PERDA BERNUANSA SYARI’AH DALAM KONTEKS KETATANEGARAAN DI INDONESIA." AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM 3, no. 1 (June 1, 2018): 60. http://dx.doi.org/10.29300/imr.v3i1.2143.
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Abstract: Regional autonomy provides opportunities for each region to make a regional regulation by prioritizing the needs and desires of the people currently needed. Indonesian society is known as its Multicultural so that in determining regional rules it will concern the values, systems, culture, habits, and politics they hold. The existence of multiculturalism has developed a Regional Regulation that reflects its regionalism, for example, based on customs, culture and regional systems, Sharia Regional Regulations in Aceh and Sharia Nuanced Regulations in developing Indonesia. The rise of regional regulations has led to many pros and cons in society and even among politicians. The anti-sharia regulation was launched by the PSI in 3 main party missions. Significant differences between sharia regulations that apply in Aceh with sharia-nuanced local regulations which are mostly born in autonomous regions in Indonesia conclude that whether such regulations are constitutional and whether it is certain that every sharia or sharia-based regional regulation will always be a discriminatory regional regulation and will lead to intolerance for religious people.Keywords: Autonomy, Regional Regulation, Syari'ah.
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Poliakov, Rodion. "The applicable law and the “centre of main interests” in cross-border insolvency: a comparison of the legal regulation in the uncitral model law on cross-border insolvency 1997 and the EU regulations 2000 and 2015 on insolvency proceedings." Visegrad Journal on Human Rights, no. 1 (December 29, 2023): 152–58. http://dx.doi.org/10.61345/1339-7915.2023.1.22.
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The article is devoted to the study of the common and distinctive features of the legal regulation of the applicable law and the “Center of Main Interests” in the EU Council Regulation No. 1346/2000 of 29 May 2000 on insolvency proceedings (hereinafter – the EU Regulation 2000), the UNCITRAL Model Law on Cross-Border Insolvency of 1997 (hereinafter – the Model Law) and EU Regulation 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (hereinafter – the 2015 EU Regulation). Albeit the provisions of the EU Regulation 2000 have lost their legal force, they are important for scientific and theoretical research in order to better demonstrate both the evolution of the intentions of the EU countries on the example of a comparison with the following act, and to better understand the state of affairs that existed at the beginning of 2000s on the European continent in a more “fair” time frame for the Model Law in comparison.
The purpose of the article is to identify common and distinctive features in the legal regulation of the applicable law and the “Center of Main Interests” according to the Model Law, EU Regulation 2000 and EU Regulation 2015. It is emphasized that the legal regulation of the applicable law contained in the EU Regulations 2000 and 2015 once again proves the affiliation of these acts to the theory of territorial universalism.
Based on the results of the research, the author concludes that summarizing the analysis of the three normative acts, it should be noted that the EU Regulations 2000 and 2015 contain a completely different legal mechanism for regulating the cross-border insolvency procedure compared to the Model Law, which, among other things, should be connected with different legal nature of these acts. The provisions of the EU Regulation 2015 regarding the determination of the debtor’s center of main interests are much more developed than the provisions of other comparable regulatory acts. The fact that the provisions of the EU Regulation 2000 regarding the consideration of the subjective factor such is the possibility of awareness of third parties in order to determine the center of main interests find their place in the EU Regulation 2015, once again indicates the appropriateness of such regulation.
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Astariyani, Ni Luh Gede, and I. Gusti Ngurah Wairocana. "Delegation of Governor Regulation in Ensuring Utility and Justice." Jurnal Magister Hukum Udayana (Udayana Master Law Journal) 8, no. 3 (September 30, 2019): 302. http://dx.doi.org/10.24843/jmhu.2019.v08.i03.p02.
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Delegation means delegation of authority to make Law and Regulations. Article 246 paragraph (1) of Act No. 23 of 2014 on Regional Government stipulates that “to implement the Regional Regulation or over the power of Law and Regulations, the Head of Region shall pass the Head of Region Regulation.” The words "implement" and "over the power" which contains ambiguity of command cause philosophical problem related to the validity value. It becomes a sociological problem if such delegation cannot predict the dynamics of society. Furthermore, it becomes a juridical problem due to the existence of vague norm which creates multi interpretation which could potentially miss the aim of delegation of regulation. Specifically, this article has specific aims to examine philosophically concerning the need for delegations of authority to regulate, examine and find the direction of regulation in the delegation of regulation to governor regulation in ensuring utility and justice. This is a normative legal research with literature study which employs statute, philosophy, theories, conceptual and contextual approaches. The study so that with regard to the philosophical basis, delegation of regulation to Governor Regulation is needed to formulate technical and detail norms, the urgent factor contained herein as well as brief discussion and The direction of regulation to the Governor Regulation in the Regional Government Act to implement Regional Regulation or over the power of law and regulations. Such direction is based on command from the higher law and regulations, or established based on delegation.
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Sumika Putri, Nella. "THE MATERIAL CONTENT OF REGIONAL REGULATIONS AS THE CONCRETIZATION OF THE LIVING LEGAL SYSTEM IN SOCIETY (ADAT LAW) BASED ON ARTICLE 2 OF THE INDONESIAN PENAL CODE (KUHP) 2023." Jurnal Bina Mulia Hukum 7, no. 2 (March 31, 2023): 231–42. http://dx.doi.org/10.23920/jbmh.v7i2.1101.
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Article 2 of Law Number 1 of 2023 regarding the Criminal Code (“KUHP 2023”) not only leaves problems in the context of legality, but also includes mechanisms for the law enforcement process, particularly regarding the measurement of the applicability of Indonesian customary law (“Adat Law”) through regional regulations. One issue that has arisen is the lack of standardized content material that must be regulated in regional regulations in order to determine the applicability of Adat (criminal) Law. This article will analyze to what extent the standard of “law that applies in the place where the law lives” and to what extent the regional regulation regulating “living law” in the perspective of law enforcement prosecutes the perpetrator. The results show that regional regulation can be used as a basis for determining the recognition of Adat Law, but there is no common standard for how to recognize Adat Law under regional regulation. As the concrete of Article 2 Indonesian Penal Code 2023, regional regulation must explicitly regulate the scope of Adat Law (criminal) application related to territorial, personal and protection principles. Meanwhile, in the case of the prohibition act and penal sanction, it needs further studies because Adat Law has no separation between criminal and civil matters.
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Pratama, Juwita Putri, Lita Tyesta ALW, and Sekar Anggun Gading Pinilih. "Eksistensi Kedudukan Peraturan Menteri terhadap Peraturan Daerah dalam Hierarki Peraturan Perundang-Undangan." Jurnal Konstitusi 19, no. 4 (November 30, 2022): 865. http://dx.doi.org/10.31078/jk1947.
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Ministrial Regulations as Legislative Regulations aren’t regulated in their position. This causes hierarchy confusion in the Ministerial Regulation faced with the Regional Regulation. This study aims to determine the hierarchy of regulation of Ministerial Regulations and the legal consequences that arise between it if they are mentioned in the hierarchy. This paper’s method is normative-juridical with descriptive analysis. This paper uses library research and interviews. The data analysis method used is qualitative analysis. The result of this research is that Law Number 12 of 2011 concerning the Establishment of Legislation doesn’t regulate Ministerial Regulations either being part of the hierarchy or from outside the hierarchy. Even so, viewed from the concept of a unitary state, ministerial regulations are part of the central level legislation. When the Ministerial Regulation is put up against the Regional Regulation, this has a number of legal effects.
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Fadhil, Moh. "The Urgency of the Harmonization of Interception Regulation in the Context of Law Enforcement." Substantive Justice International Journal of Law 3, no. 2 (December 3, 2020): 125. http://dx.doi.org/10.33096/substantivejustice.v3i2.75.
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Systems regarding the legal remedy of communication interception can be found in several regulations. However, those systems are not supported by horizontal harmonization since each regulation governs the mechanism differently, so there is a disparity among interception regulation. This paper analyzes the harmonization of wiretapping regulations in Indonesia from a law enforcement perspective with an inventory of regulations governing the current mechanism of interception. The results concluded that first, the disparity in intercepting authority of communication interception practice regulated by several institutions in the same form of crime eradication authority must be reformulated to restore overlapping regulations. Secondly, the interception regulation as a coercive force that derogates the right to privacy must contain detailed provisions in terms of a permit request and the wiretapping authority. The permit application must contain the purpose of the request for wiretapping permission descriptively. Moreover, these provisions must explicitly regulate legal subjects that are authorized to conduct wiretapping practice in the form of clear mechanisms and coordination with the direct superiors and court supervision regulating the interception procedure as well as the cooperation between law enforcement officials and telecommunications service providers. Third, prospectively interception regulations can be assessed from the political will of the legislators. The decision of the Constitutional Court No. 5/PUU-VIII/2010 mandates the need for horizontal harmonization of interception regulations in the form of the Interception Bill, which is also included in the 2019 National Legislation Program.
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Myronenko, I. V. "Legal Regulation Of Private Law Aspects Of Water Use By Owners And Users Of Neighboring Land." Actual problems of improving of current legislation of Ukraine, no. 50 (June 11, 2019): 132–44. http://dx.doi.org/10.15330/apiclu.50.132-144.
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The article is devoted to some questions of the legal legal regulation of neighborhood relations related to the use of water to meet the needs of owners and users of neighboring land. The regulation of this relationship has historically been an inseparable part of neighbour law. Regulations of this kind were contained in many historically significant Ukrainian legal documents (in particular, various editions of the Lithuanian Statutes, the Rights of the Little Russian People (1743), and others). Currently, the regulation of the use of water resources mainly comes under the sphere of public law. Consequently, the current Land Code of Ukraine does not contain regulations of this kind. Nevertheless, a study of international legislation and regulation policies on neighbourly relations emphasizes the necessity to legislate on the private aspects of neighbourly water use. In particular, such provisions include the laws of the Republic of Moldova, Georgia, Republic of Azerbaijan and some other post-soviet states. The findings of the study has made it possible to formulate the proposals aimed at improving the current legislation on this issue. They are based on a general rule forbidding to alter the natural movement (flow) of water, if it violates the rights and legitimate interests of owners or land users of neighboring land. The artificial movement (flow) of water, caused by the activity of land owners or land users, is proposed to regulate by contract by establishing land easements (discharge of water to a neighboring land plot, their redistribution between neighbors, etc.).
Regulating water-related relationships to meet the needs of owners or land users of neighboring land has historically been an integral part of «neighborhood law». Nowadays, the legal regulation of the relationship regarding the use of water resources has shifted to the sphere of public legal regulation. Nevertheless, the study of the laws of foreign countries and the practice of regulating good neighborly relations indicate the need for legal regulation of private aspects of neighborhood water use. They are mainly related to the prohibition of altering the natural movement of water if it violates the rights and legitimate interests of owners and owners of neighboring properties.
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Reynolds, R. Larry. "The Regulation of Regulation." Journal of Economic Issues 19, no. 1 (March 1985): 103–10. http://dx.doi.org/10.1080/00213624.1985.11504341.
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