Analysis of Medical Legal Order as A Basis For Settlement of Medical Malpractice Disputes

This study aims to determine whether the medical legal order can provide a solution for resolving medical disputes carried out by doctors against health service recipients in hospitals. The absence of a malpractice law creates confusion in decision making when doctors become involved in medical disputes. As primary legal material, is has a strong legal basis in making decisions on sanctions that can be imposed on doctors who commit malpractice by violating the professional code of ethics or working not according to standard operating procedures. The methods used are normative legar research methods and library legal research by conducting critical analysis on primary and secondy legal materials. The results of the study have shown that malpractice acts committed by doctors have a clear legal accountability mechanism ,as regulated in Health law number 36 of 2009, law number 29 of 2004 concerning medical practice.Administratively all forms of malpractice committed by docors can be threatened with criminal,civil,administrative sanctions an fines. At a more final level, administrative sanctions from malpractice acts committed by doctors can lead to on revocation of practice license.

USE OF INFORMATION TECHNOLOGY IN PROMOTING ACCOUNTABILITY IN RURAL DEVELOPMENT PROGRAMMES: ANALYSIS OF WEB BASED MIS AND MOBILE APPS

Government of India is implementing a number of rural development programmes aiming to transform rural lives. Motto of minimum government and maximum governance coupled with increased financial allocations to these programmes makes it imperative to put a robust accountability mechanism so that these programmes meet their objectives. Role of information technology has been recognised by the Government by in promoting horizontal and vertical accountability in rural development programmes. This paper describes and critically analyses the role of web-based management information systems (MIS) and mobile application based citizen information and feedback system in various rural development programmes and also suggest ways to strengthen these two mechanisms.

River chief system: an institutional analysis to address watershed governance in China

China suffers from frequent water crisis events caused by ecological pollution in watersheds. The river chief system policy is an institutional innovation by the government to deal with the ecological environmental crisis in the river basin. This study focuses on China's watershed environmental governance policy and describes the origin, operation mode, and governance effect of its river chief system policy. This study comparatively analyses the advantages of the policy in basin environmental governance, such as clear government responsibility, enhanced coordination among government departments, the accountability mechanism of the one-vote veto system, and the disadvantages of the policy in terms of high costs, information asymmetry, and lack of public participation. Furthermore, this study proposes suggestions on the sustainable development of watershed environmental governance from three aspects: regional characteristics, investment, and institutional innovation of policy implementation.

Eye and Whip

This chapter explores the overlap between corruption and inefficiency. This chapter also evaluates the merits of different accountability mechanisms featured in the existing literature, such as: vertical and horizontal accountability, fire alarm and police patrol oversight, and bottom-up and top-down monitoring. Irrespective of the accountability mechanism that is ultimately preferred, it seems clear that those who wish to promote integrity in government must, first, have the means to uncover wrongdoing, and, second, be in a credible position to threaten wrongdoers with punishment. Stated simply, additional layers of oversight will only have the intended effect if government officials sense that abusing their power has some probability of resulting in punishment.

Accountability and legitimacy dynamics in an Islamic boarding school

Purpose This study aims to investigate the dynamics of legitimacy and accountability relationships in an Indonesian boarding school. It examines how the key actors improve and use accountability mechanisms in the school and how these practices contribute to the organisation’s legitimacy. Design/methodology/approach This paper uses a qualitative case study approach in an Indonesian boarding school and draws on Black’s (2008) notion of legitimacy and accountability relationships. The qualitative data were collected through face-to-face interviews, observations and documentary analysis. Findings Accountability mechanisms at Pondok Pesantren Wali Songo (an Islamic boarding school) were developed to alter the habit of conducting organisational affairs based merely on trust between the organisation members without any particular accountability mechanism, a common practice in Indonesian boarding schools. The mechanisms were believed to improve the public trust and bring convenience to the management of the school on the legitimacy (halal) of their doings, which in turn maintain their legitimacy as a provider of Islamic education services. Originality/value This study highlights the importance of accountability mechanisms in faith-based institutions context to maintain their legitimacy. It provides evidence of the mutual nature of accountability and legitimacy, which is often seen as contrasting concepts by previous studies, by drawing on Black’s (2008) legitimacy and accountability relationships.

Transformative Child Rights Advocacy: An Ergonomic Conceptual Framework

This paper proposes a practical transformative child rights advocacy conceptual framework that is anchored to the African Charter on the Rights and Welfare of the Child for normative guidance. The paper is premised on the understanding that the fulfilment of all rights for children requires a strong accountability mechanism, hence the need for an easy-to-use conceptual framework. The paper highlights tenets that will make an advocacy initiative to be transformative. To achieve the aspiration of a practical, transformative and rich conceptual framework, the paper draws from the structure-process-outcomes paradigm work of Avedis Donabedian on quality assessment. The framework provides a practical format for policy makers, practitioners and rights holders to hold the duty bearers to account.

The politics of civil society forms

Regardless of the debate on how and to what extent civil society contributes to enhance democratic practices, it is generally agreed that there is a reasonable link between civil society and democracy under certain conditions. The aim of this paper is to explore the politics of civil society forms and their contribution to maintain democratic practices in Jakarta. Building from the neo-Tocquevillean understanding of civil society, this article particularly analyses urban environmental activists’ strategy to adopt voluntary association and environmental spin off campaign as the forms of civic engagement to improve public policy in the province. Despite the lack of acknowledgement, this paper argues for the necessary inclusion and elaboration of spin off campaign and voluntary association in the Indonesian civil society literature because of their ability to facilitate diagonal accountability mechanism. Further analysis found that, however, the forms adopted by urban environmental activists suffer similar horizontal and vertical accountability problems frequently found in the more established civil society form (e.g. non-government organization). Nonetheless, the discussion in the paper provides an illustration about civil society’s ingenuity in pushing for democratic practices amidst the “democratic recession” in Indonesia.

Electoral Accountability and Corruption

This chapter reviews the rapidly expanding literature on the electoral effects of corruption. A general finding is that corrupt parties and politicians get punished by voters at elections, but oftentimes not harshly enough to remove them from office. This chapter firstly elaborates how the electoral accountability mechanism is ideally supposed to work. It then looks at the extent to which corrupt elected representatives get punished and how different types of studies seem to systematically reach different conclusions in this respect. Thereafter, the by now quite substantial body of research on the reasons why corruption voting takes place is discussed, after which the much more limited literature on the connection between electoral accountability and levels of corruption is reviewed. The chapter ends with some ideas of how to move forward within this field of research.

Electoral Rules and Corruption

A large literature reviews the effects of constitutional arrangements and electoral rules on various aspects of QoG. The state of the debate, so far, is not one that provides straightforward answers regarding the important institutions, the magnitude of the effects, or even their direction. Through a meta-analysis of the relevant literature, we seek in this chapter to evaluate the relationship between electoral rules and corruption. The results of the meta-analysis suggest support for an individual accountability mechanism that transcends the crude majoritarian–proportional distinction. We show that absence of corruption can be positively correlated with systems in which district magnitude is at its lowest (plurality systems) and its highest (proportional systems). The important electoral system features appear to be those that cultivate a “personal vote,” strengthening accountability between voters and individual legislators.

New Trends in Sustainable Environmental Governance in Mainland China. The Zhejiang Case.

The trade-off between environmental sustainability and economic growth has been the focus of an extensive debate in the developing world and in this debate China is no exception, as it moves away from a single-minded growth-only policy toward a more sustainable economic model. The reason for this new policy trend has to be found in civil society’s rising environmental awareness and the growing accountability by local governments and multinational companies. Interviews with civil society and nongovernmental organizations (NGOs) mainly based in Zhejiang province, together with secondhand data from national online database show that a political feedback mechanism is possible also in a non-democratic country like China, and despite the Chinese political framework lacking an accountability mechanism, the civil society growing environmental concerns and multinational companies’ reputation abroad have indirectly forced policymakers to act toward tighter environmental regulation. In conclusion, this study shows that the Chinese middle class is not fully passive in its relationship with the local government, but it activates when its key interest is threatened, and as the Chinese middle class grows rich and educated and the economic growth slows down, a similar accountability mechanism could be replicated concerning issues where political legitimacy of the Chinese Communist Party (CCP) is not questioned like economic or social issues.