Open Research Repository - Central European University

Recent Submissions

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    Why Should the Role of the House of Representatives in Monitoring and Review Local Regulations Be Strengthened?
    (2024-08-05) Syam, Fauzi; Helmi, Helmi; Nuriyatman, Eko; Rahardja, Ivan Fauzani; Saputra, Beny; Department of Legal Studies
    The enactment of Law No. 15 of 2019, which established the Post-Legislative Scrutiny (PLS) institution, marked a pivotal shift in the formation of laws and regulations (PUU) in Indonesia. This legislation ushered in a comprehensive cycle for PPU, fundamentally altering the landscape of legislative processes. Despite this progress, a prevailing assumption persists that the PLS mechanism is solely within the purview of the People's Representative Council (DPR) concerning national laws, while oversight of Regional Regulations (Perda) falls under the authority of the Regional People's Representative Council (DPRD), with limited discourse on the latter's role in academic circles. This study endeavors to elucidate the theoretical underpinnings of PLS within international parliamentary frameworks, analyze the regulatory framework of PLS Perda as delineated in Law No. 23/2014 and PP No. 12/2018, scrutinize its implementation in Provincial DPRD Rules of Procedure, and advocate for bolstering the DPRD's role in conducting PLS Perda. Findings reveal a lexicon of PLS terminology within Indonesian legislative context, alongside a bifurcation of PLS Perda oversight between the DPD and DPRD. Alarmingly, a staggering majority (93.10%) of Provincial DPRDs nationwide have yet to formalize PLS procedures in their Rules of Procedure, with only the DIY Provincial DPRD demonstrating comprehensive implementation among the 34 surveyed. The imperatives for empowering DPRD's Bapemperda include evaluating Regional Regulations' efficacy, fostering legal coherence, preempting discriminatory legislation, enhancing legislative quality through experiential learning, and resolving the institutional dualism between DPD and DPRD in PLS Perda oversight. These measures not only fortify legislative processes but also mitigate jurisdictional ambiguities, ensuring robust governance at both national and regional levels.
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    Analyzing the Code of Hammurabi: Exploring Ancient Legal Principles and Their Relevance in Modern Law
    (2024-06-29) Saputra, Beny; Bene, Olivér; Saputra, David Aprizon; Department of Legal Studies
    This study examines the Code of Hammurabi, an ancient legal code that dates to early human history, to investigate its old legal ideas and evaluate their ongoing significance in contemporary legal systems. This study seeks to clarify the fundamental concepts that underlie Hammurabi's rules and their lasting influence on modern legal thinking by conducting a thorough investigation of the Code's provisions and historical background. This research aims to provide significant insights into the development of legal norms and their application in addressing current legal difficulties by analyzing important elements such as justice, equity, and societal order as outlined in the Code. This study examines the degree to which Hammurabi's legal ideas align with contemporary legal frameworks. It provides insightful analysis on the lasting significance and flexibility of ancient legal precedents in creating modern legal jurisprudence. This research enhances our comprehension of the historical origins of law and its enduring importance in contemporary legal discussions.
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    Strengthening ADR System in Indonesia: Learning from ADR Practices in Hungary
    (2024-05-28) Saputra, Beny; Department of Legal Studies
    Integrating Alternative Dispute Resolution (ADR) into legal systems is essential for improving access to justice, decreasing litigation expenses, and promoting enforced outcomes. This article examines the ADR practices in Hungary, a country that has successfully integrated ADR into its legal system, to gain significant insights for Indonesia, as both countries share the same sociocultural practices for communal dispute resolution. This normative legal research examines Hungary's extensive legal framework, the roles of institutional support structures, and the enforcement of ADR awards. The study employs comparative analysis that systematically evaluates pertinent legal documents, institutional reports, and scholarly literature from Hungary and Indonesia. The study found fundamental factors that contribute to the effectiveness of alternative dispute resolution (ADR) in Hungary, including the existence of a clearly established legislative framework, sufficient institutional infrastructure, and effective regulation to enforce ADR decisions. Indonesia can adopt these techniques to improve its Alternative Dispute Resolution (ADR) system, resulting in more streamlined, cost-efficient, and fair processes for resolving disputes and to establish a more unified and efficient ADR system.
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    Hungary’s AI Strategy: Lessons for Indonesia’s AI Legal Framework Enhancement
    (2024-07-06) Saputra, Beny; Hartati, Hartati; Bene, Olivér; Department of Legal Studies
    This study analyses Hungary's approach to regulating artificial intelligence (AI) by analyzing their AI Strategy (2020-2030) and provides insights for improving Indonesia's legal framework. In Hungary, although there is no dedicated legislation for artificial intelligence (AI), the country places a high importance on adhering to current regulations to regulate AI technologies. This paper does a comparative analysis to evaluate the influence of Hungary's approach on the advancement of artificial intelligence (AI), the methods used to enforce regulations, the ethical principles followed, the safeguarding of data, and the extent of international partnerships. This research seeks to offer practical insights for enhancing Indonesia's legal infrastructure in the field of AI governance and technology regulation by comparing Hungary's regulatory landscape with Indonesia's current framework. The purpose of the research is to provide guidance to policymakers and stakeholders in Indonesia regarding effective tactics and best practices based on Hungary's experience. This will assist in enhancing Indonesia's regulatory framework for AI and technology
  • Publication
    Gendered Work, Skill, and Women's Labor Activism in Romanian Tobacco Factories from the 1920s to the 1960s
    (Cambridge University Press, 2023) Ghiț, Alexandra
    In this article, I choose struggles over skill development as an entry point to uncovering features of women's labor activism in state-owned tobacco factories in Romania, from the 1920s to the early 1960s. I look at the processes that constructed women tobacco workers, especially those at the Tobacco Manufactory in the city of Cluj, as non-skilled workers, and examine the forms of labor activism in the tobacco industry that challenged those constructs. I describe how women's work at the Cluj Tobacco Manufactory, from the mid-1920s to the mid-1950s, was shaped by successive waves of production intensification and rationalization, demonstrating that these reorganizations affected female workers more than they affected their male coworkers. I point out that although they were considered non-skilled laborers, female tobacco workers exercised an amount of control over their work and were important contributors to their families’ maintenance. I show that spanning two different political regimes, matters of skill were at the core of labor activism. For female workers, in the interwar period, labor activism in male-dominated organizations and structures entailed skill-mediated political strategies that emphasized experience and shopfloor status besides skill. By the 1950s, labor activism encompassed engaging in confrontational politics over seasoned women workers’ lack of access to skill training programs. I show that both in the late 1920s and in the early 1950s, illiteracy and women's more limited access to formal schooling in general shaped new experiences of participation in labor politics.

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