COUNTERACTING PAY DISCRIMINATION – A FEW REMARKS ON THE PROPOSED AMENDMENT TO ART. 943 § 2 OF THE LABOUR CODE AND ON THE PROPOSED DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL TO STRENGTHEN THE APPLICATION OF THE PRINCIPLE OF EQUAL PAY FOR EQUAL WORK OR WORK OF EQUAL VALUE BETWEEN MEN AND WOMEN THROUGH PAY TRANSPARENCY AND ENFORCEMENT MECHANISMS

In July 2020, a Parliamentary draft bill was brought before the Polish Sejm amending the Act – Civil Code (print no. 463). Currently, the legislative process concerning that draft is underway. The draft proposes to expand the definition of mobbing – as specified in Art. 943 § 2 of the Labour Code – by adding a provision under which mobbing would also consist in persistent and long-term differentiating the level of pay on grounds of an employee’s sex. The intention of the authors is to strengthen the legal instruments guaranteeing respect for the principle of equal rights for women with regard to pay for equal work or work of equal value. At the same time, in March 2021 – at the EU level – a legislative procedure was initiated in respect of the Directive of the European Parliament and of the Council to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms. This article discusses the legal solutions expressed in the draft amendment to Art. 943 § 2 of the Labour Code and in the proposed Equal Pay Directive. The article is an attempt to answer the question if the introduction of the proposed regimes will eliminate or at least reduce pay discrimination on grounds of sex.

The Urgency Of Ratifying The Elimination Of Sexual Violence Draft Bill In The Perspective Of Criminal Law

Regulations on sexual violence or violence are scattered in several regulations in Indonesia. However, along with the rapid and massive technological development, new form of criminal offenses related to sexual violence have emerged which have not been accommodated in the statutory regulations. Too many regulations related to sexual violence also create new problems, specifically overcriminalization, overlapping, and the lack of coordination and systematic fulfillment of the protection for the rights of victims of violence by authorized institutions. These problems are the fundamental why the elimination of sexual violence draft bill should be ratified immediately. Based on the reasons above, the elimination of sexual violence draft bill is interesting to analyze. This research was conducted with a statutory approach and an analytical approach using relevant legal concepts and theories. Criminal offenses related to sexual violence are regulated in several regulations, the Criminal Code, the PKDRT Law, the TPPO Law, the ITE Law, the Child Protection Law and the Pornography Law. However the law that exist are not comprehensive yet for the expansion of criminal offenses for violence and fulfillment of the rights of victims who are not the subject according to the law, as well as the issue of overregulation becomes the urgency whyelimination of sexual violence draft bill should be ratified immediately.Regulations on sexual violence or violence are scattered in several regulations in Indonesia. However, along with the rapid and massive technological development, new form of criminal offenses related to sexual violence have emerged which have not been accommodated in the statutory regulations. Too many regulations related to sexual violence also create new problems, specifically overcriminalization, overlapping, and the lack of coordination and systematic fulfillment of the protection for the rights of victims of violence by authorized institutions. These problems are the fundamental why the elimination of sexual violence draft bill should be ratified immediately. Based on the reasons above, the elimination of sexual violence draft bill is interesting to analyze. This research was conducted with a statutory approach and an analytical approach using relevant legal concepts and theories. Criminal offenses related to sexual violence are regulated in several regulations, the Criminal Code, the PKDRT Law, the TPPO Law, the ITE Law, the Child Protection Law and the Pornography Law. However the law that exist are not comprehensive yet for the expansion of criminal offenses for violence and fulfillment of the rights of victims who are not the subject according to the law, as well as the issue of overregulation becomes the urgency whyelimination of sexual violence draft bill should be ratified immediately.

The Application of Social Movement as a Form of Digital Advocacy: Case of #TolakRUUPermusikan

Most of the research on social movement and digital advocacy through hashtags is concentrated on the identifications of social media usage. There is limited research concerning the comprehensive understanding and analysis on how it can develop and interact with social networks. This research aims to further identify the process of the successful social movement that has been mobilized by Indonesian’s musicians and public by using a hashtag as a form of advocacy in thwarting the Music Draft Bill and in understanding the role of the actors and public engagement behind this social movement. We have analyzed #TolakRUUPermusikan as a social movement that formed into digital advocacy by referring to the literature review that was conducted by the previous studies. This research will map out the actors and public engagement behind the movement. In each criterion, the result has been aligned with the conceptual framework in application of #TolakRUUPermusikan as a social movement, the use of online petition as a digital advocacy tool, and the network structure of #TolakRUUPermusikan to find the actors and understanding the engagements of the public. The implication of this study is to show the success of a social movement to assess policy making and policy failure. Sebagian besar penelitian tentang gerakan sosial dan advokasi digital melalui tagar terkonsentrasi pada identifikasi penggunaan media sosial. Penelitian kecil mempertimbangkan pemahaman dan analisis yang komprehensif tentang bagaimana hal itu dapat berkembang dan berinteraksi dengan jaringan sosial. Penelitian ini bertujuan untuk lebih mengidentifikasi proses keberhasilan Gerakan sosial yang telah dimobilisasi oleh musisi dan masyarakat Indonesia, dengan menggunakan tagar sebagai bentuk advokasi dalam menggagalkan RUU Permusikan dan memahami peran para actor dan keterlibatan publik di balik gerakan sosial ini. Kami telah menganalisis #TolakRUUPermusikan sebagai gerakan sosial yang terbentuk menjadi advokasi digital dengan mengacu pada tinjauan literatur yang telah dilakukan oleh penelitian sebelumnya. Penelitian ini akan memetakan aktor dan keterlibatan publik di balik gerakan tersebut. Pada setiap kriteria, hasilnya telah diselaraskan dengan kerangka konseptual dalam penerapan #TolakRUUPermusikan sebagai gerakan sosial, penggunaan petisi online sebagai alat advokasi digital, serta struktur jaringan #TolakRUUPermusikan untuk menemukan para pelaku dan memahami keterlibatan para pelaku. masyarakat. Implikasi dari penelitian ini adalah untuk menunjukkan keberhasilan suatu gerakan sosial dalam menilai pembuatan kebijakan dan kegagalan kebijakan.

To Test or Not to Test: Tools, Rules, and Corporate Data in US Chemicals Regulation

When the Toxic Substances Control Act (TSCA) was passed by the US Congress in 1976, its advocates pointed to new generation of genotoxicity tests as a way to systematically screen chemicals for carcinogenicity. However, in the end, TSCA did not require any new testing of commercial chemicals, including these rapid laboratory screens. In addition, although the Environmental Protection Agency was to make public data about the health effects of industrial chemicals, companies routinely used the agency’s obligation to protect confidential business information to prevent such disclosures. This paper traces the contested history of TSCA and its provisions for testing, from the circulation of the first draft bill in the Nixon administration through the debates over its implementation, which stretched into the Reagan administration. The paucity of publicly available health and environmental data concerning chemicals, I argue, was a by-product of the law and its execution, leading to a situation of institutionalized ignorance, the underside of regulatory knowledge.

Law and Politics: Study of the Presidential Threshold in the 2019 General Election of Indonesia

This study is intended to indicate that Indonesia's electoral system always experiences rapid dynamics in policy development. This study uses empirical normative legal research or a legal research method that uses a set of regulation relating to general elections and the rules of making positive law as reference of norms. Empirical research is also used to observe the results of human behavior in the form of physical archives. The methods are combined with the historical approach: an approach that is carried out by analyzing the debate arguments that occurred in the special committee meeting (Panitia Khusus) of the Election Draft Bill. The result of this research is the decision of the presidential threshold of 20% in the holding of presidential elections of 2019 contains the orthodox legal substance. This is because politically the law of its formation (Law No. 7 of 2017) is full of practical political interests of the ruling parties. Parties consisting of 6 factions gave a dominant opinion which leaned towards the 25% -30% threshold suggested by the government, while the other 4 factions do not agree with the high nomination threshold, because the concept of election must provide free space for each party to nominate their respective presidential candidates. The government had its own agenda to continue and extend the existing incumbent president and prevent the possibility for others. Therefore, in order to protect the agenda, high nomination threshold was proposed. Through content analyses of the regulation it can be stated that the high threshold has logical consequences for holding elections which create an insubstantial election environment and make the political climate in Indonesia unbalanced.

ANALISIS YURIDIS TENTANG RANCANGAN UNDANG-UNDANG HALUAN PANCASILA

Pancasila, which has become an ideology of the state, is currently facing a polemic with the Draft of the Pancasila Ideology (RUU HIP) proposed by members of the DPR. This polemic arose because the absence of TAP MPRS NUMBER 25 / MPRS / 1966 of 1966 concerning the Disbanding of the Indonesian Communist Party, Statement as a Prohibited Organization in the Entire Territory of the Republic of Indonesia and the Prohibition of Every Activity to Spread Or Develop Communist / Marxist-Leninism and Pancasila Doctrine has been conceived to be squeezed into Trisila and Ekasila. The research method used in this study is normative research. The existence of the Draft Bill of Ideology is considered to change the basis of the state and change the state and national life order of the Indonesian people, therefore the Draft of the Pancasila Ideology Bow course must be rejected.

What’s next for social media companies? The digital regulatory scene in Turkey during the COVID-19 pandemic

In the midst of the Coronavirus pandemic, on 9 April 2020, a draft bill was presented to fight against the spread of COVID-19 in Turkey. Eight articles were buried deep in the proposed legislation, which mostly included economic measures and aid packages, directly targeting any social media company that had a platform accessed by over one million users daily. Although the articles on social media were dropped from the parliamentary schedule on 14 April 2020 to make way for more urgent bills on the economy and health, the uncertainty regarding social media companies’ situation in the country remained. Then, on 29 July 2020, the new social media law, officially ‘The Law on Making Amendments to the Law on Regulation of Publications on the Internet and Combating Crimes Committed by Means of Such Publication’, numbered 7253 was adopted by the parliament. This article approaches this issue from the perspective of social media companies, specifically Facebook and Twitter, and analyses the post-Coronavirus digital scene and public policy attempts from the corporate point of view.