Legislation and regulation: three analytical distinctions

Kosti, Nir; Levi‐Faur, David; Mor, Guy

doi:10.1080/20508840.2019.1736369

Cited by 22 publications

(15 citation statements)

References 2 publications

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“…It was when members of the People Representative Council did not even receive a physical copy of the Job Creation Bill during the Plenary Session. This is a violation of the formal procedures for drafting legislation which obliges the Government as the initiating agency for the law to reproduce the draft law in the required number of printed copies (Kosti et al, 2019). The ability to divert the attention of policymakers to certain things can of course dramatically influence political choices and the resultant policy products (Mahmod, 2013).…”

Section: Legal Political Context Of the Omnibus Law Used In The Law O...mentioning

confidence: 99%

Omnibuslaw Employment Cluster: Is Ita Form of Labor Expwitation in the Indonesian Context?

Sarjana

Sudiarawan

Medd

et al. 2023

UUM Journal of Legal Studies

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Omnibus legislation isthe crucial method used when enacting the Law on Job Creation and it is concerned with providing further protection for Indonesia workers.Ibis article aims to identify the new regulations pertaining to the Job Creation Law, especially in the Labor cluster. In addition, this article will also try to analyze the relevant labor cluster regulations of the Job Creation Law, paying special attention to the issue of legal protection for workers. This is normative legal research that has applied the statutory approach, conceptual approach, and factual approach. The findings of the research show that there are various changes related to labor issues in the Job Creation Law, including regulations related to foreign workers, work relations, working time, rest and leave time, wages, termination of employment, and severance pay.An analysis of the legal implication that arises from several indicators of change then shows that the characteristics of the Labor Cluster arrangement in the Job Creation Law are potentially detrimental to workers. Although several new regulations benefit workers in an industrial relationship, in general, the Job Creation Law, especially the Labor Cluster, still reflects the main orientation of its formation, namely to facilitate investment through the creation of a :flexible working relationship, causing uncertainty and the more marginalized status of workers. There is a need to ensure further certainty in the laws in order to ensure a broader protection for the status and rights of Indonesian workers.

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Section: Legal Political Context Of the Omnibus Law Used In The Law O...mentioning

confidence: 99%

Omnibuslaw Employment Cluster: Is Ita Form of Labor Expwitation in the Indonesian Context?

Sarjana

Sudiarawan

Medd

et al. 2023

UUM Journal of Legal Studies

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“…It is essential to distinguish between legislation and regulation from the regulatory design theories, which perform a clear division of labor (Kosti, Levi-Faur, & Mor, 2020). Legislation and regulation are also different forms of legal rules in the context of Indonesian "mixed legal traditions".…”

Section: Regulatory Design Compliance and Implementationmentioning

confidence: 99%

The efficacy of law

Purwadi

Husodo

Isharyanto

et al. 2022

ijhs

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This article aims to clarify that there are several elements critical for ensuring the efficacy of law. The view of efficacy that emphasizes the objective and comply with the law is narrow and inadequate. New insights and understanding are required to strengthen the realization of the concept of the efficacy of law. The COVID-19 pandemic in Indonesia forms a background to understand the efficacy of law. The study uses a socio-legal approach based on Indonesian experience in preventing the spread of COVID-19 through law reform. The government enacted at least 188 new regulations regarding the public health system, restrictions on activities in public spaces, and national economic recovery to manage the impact of the COVID-19 pandemic. The first wave of the viral infection showed that the existing regulations failed to meet their objectives. The regulations that prohibited social activities led to economic disincentives within the society. In addition, these workers could not access the social security program. The regulations restricted their work activities and, in turn, affected their compliance with the law and its enforcement power. New ways are needed to solve problems that constitute unexpected impacts of the COVID-19 prevention regulations.

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“…In many advanced democracies, the power of lawmaking has shifted significantly from the legislative to the executive branch (Adam et al, 2017; Jakobsen & Mortensen, 2015; Kosti et al, 2019; Limberg et al, 2021). Delegated by the legislature, the executive can make regulations with the same legal force as enabling statutes.…”

Section: Introductionmentioning

confidence: 99%

The enactment of public participation in rulemaking: A comparative analysis

Francesco¹,

Tosun

2022

Swiss Political Sci Review

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This study analyzes the enactment of public participation in rulemaking within the European Union and the Organization of Economic Cooperation and Development countries. It relies on an original dataset of administrative procedural acts and administrative laws concerning the making of delegated legislation. As 12 out of 39 countries enacted a procedure of notification, publication, and consultation between 1995 and 2015, the study focuses on courts while controlling for other domestic institutional determinants of legislative adoption and countries' interdependence. The empirical findings show that countries with a highly independent judiciary system are less likely to enact a comprehensive provision for public participation in rulemaking. This finding highlights a paradox, namely that political systems are more likely to adopt rulemaking to enhance democratic legitimacy if they are characterized by a judicial system that does not actively pursue the legality of rulemaking. ZusammenfassungDiese Studie untersucht, wie die Öffentlichkeit an Rechtsetzungsverfahren in den Mitgliedstaaten der Europäischen Union und der OECD mitwirken kann. Hierzu verwendet sie einen neuartigen Datensatz, der Informationen zu den entsprechenden Verwaltungsverfahrensakten und Verwaltungsgesetzen enthält, die die rechtliche Grundlage hierfür schaffen. Zwischen 1995 und 2015 haben 12 der 39 untersuchten Staaten ein entsprechendes Notifizierungs-, Veröffentlichungs-und/ oder Konsultationsverfahren eingeführt, was uns dazu bewogen hat, den Untersuchungsfokus dieser Studie auf die Rolle von Gerichten zu legen. Gleichzeitig kontrollieren wir für den Einfluss von alternativen institutionellen Erklärungsfaktoren. Die empirischen Befunde zeigen, dass Länder mit unabhängigen Justizsystemen seltener der Öffentlichkeit die Möglichkeit einräumen, sich an Rechtsetzungsverfahren zu beteiligen.

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Legislation and regulation: three analytical distinctions

Cited by 22 publications

References 2 publications

Omnibuslaw Employment Cluster: Is Ita Form of Labor Expwitation in the Indonesian Context?

Omnibuslaw Employment Cluster: Is Ita Form of Labor Expwitation in the Indonesian Context?

The efficacy of law

The enactment of public participation in rulemaking: A comparative analysis

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