Legal Entity Research Articles

Digitalization and Branding of Agung Manunggal Village Owned Enterprises in the New Normal Era

This community service program aims to provide assistance in obtaining the legal entity status of BUMKal Agung Manunggal and provide assistance in the form of training and creation of the BUMKal Agung Manunggal Website. This program has five stages of implementation, Stage 1: Observation to identify problems and potentials that can be developed. Stage 2: Program conceptualization is the stage of developing the program to solve successful problems. Stage 3: Program Implementation, aims to carry out training and assistance related to the status of obtaining a legal entity as evidenced by the existence of a legal entity certificate and digital marketing training. Stage 4: Pre Test and Post Test. The results of this implementation show that after mentoring and managing the legal entity BUMKal Agung Manunggal has the status of a legal entity that has been issued by the Ministry of Law and Human Rights of the Republic of Indonesia through the Ministry of Villages of the Republic of Indonesia. Furthermore, the training program and the creation of the Agung Manunggal BUMKal website provide solutions to the limitations of BUMKal

The role of institutional diversity in sustainable water use: Performance comparison among water user organizations

AbstractThe aim of this study was to compare the performance of water user organizations (WUOs) in the agricultural sector in terms of their managerial efficiency. A survey was carried out across the study area to evaluate 67 WUOs, including irrigation cooperatives, municipalities, village legal entities (VLEs) and water user associations (WUAs). The findings were then used to create a management performance index. It has been determined that municipalities excel in terms of physical performance, irrigation cooperatives in enterprise and social performance and WUAs in institutional and investment performance. The general management performance index revealed that the most successful WUOs in the Konya closed basin were WUAs. Therefore, proposals have been put forward to begin institutionalization processes in other institutions to attain the successful institutionalization in WUAs. Additionally, the shift towards prepaid systems is recommended to mitigate collection problems, while water should be priced according to the full cost method. Finally, supporting the use of alternative energy sources for irrigation is crucial.

THE CHALLENGES OF IMPLEMENTING ACCOUNTING INFORMATION SYSTEMS IN IFRS AND GAAP : GLOBAL STUDY

This paper provides a thorough analysis of the difficulties that arise when putting accounting information systems (AIS) into practice under the auspices of generally accepted accounting principles (GAAP) and international financial reporting standards (IFRS). The research delves into the worldwide terrain, covering a range of commercial settings and legal structures. Using both qualitative and quantitative research methods, the study looks into important variables that affect how well AIS is adopted and integrated in accordance with GAAP and IFRS requirements. KEYWORDS: Accounting Information Systems (AIS), International Financial Reporting Standards (IFRS), Generally Accepted Accounting Principles (GAAP), Global Study

The use of special knowledge during the investigation of forgery of documents that are submitted for state registration of a legal entity and individual entrepreneurs

The use of special knowledge during the investigation of forgery of documents that are submitted for state registration of a legal entity and individual entrepreneurs

IMPACT OF GST ON INDIAN BUSINESSES

The Goods and Services Tax (GST) regime in India, implemented in July 2017, represents a transformative overhaul of the country's indirect tax system. This research paper extensively analyzes the multifaceted impact of GST on Indian businesses across various sectors. By harmonizing numerous central and state levies into a unified tax structure, GST aims to simplify compliance, boost economic growth, and cultivate a common national market. The study delves into the intricate aspects of GST, encompassing its objectives, statutory framework, and implementation challenges. It evaluates the profound implications for diverse business entities, ranging from large corporations to micro, small, and medium enterprises (MSMEs). Key areas of focus include supply chain optimization, pricing strategies, working capital management, and transitional complexities. Furthermore, the paper scrutinizes sector-specific ramifications, shedding light on industries experiencing seismic shifts due to GST, such as manufacturing, services, e-commerce, and real estate. It also examines the role of technology in facilitating GST compliance and the digital transformation catalyzed by this tax reform. Through empirical analysis and case studies, the research paper assesses the extent to which GST has achieved its intended objectives, identifying areas of success and ongoing challenges. It provides valuable insights for policymakers, industry stakeholders, and academics, contributing to the discourse on optimizing the GST framework for enhanced economic competitiveness and ease of doing business in India. Keywords: GST, Indian Businesses, Tax Reform, Supply Chain, Compliance, Digital Transformation, Sectoral Impact, Economic Growth, Policy Implications.

Legal amendments on the reorganization of business entities

Legal amendments on the reorganization of business entities

Problems of legal regulation of thin capitalization in Ukraine

The proliferation of multinational companies is lengthening global value chains, and the development of the digital economy is giving them even more opportunities to shift profits. Intra-group loans are often used to shift profits to a jurisdiction with low tax rates to minimize overall tax liability. In order to combat the illegal transfer of profits, most countries introduce thin capitalization rules. Ukraine joined the BEPS plan, action 4 of which summarized the best practices for regulating debt obligations to non-residents. Most countries limit the total amount of loans, interest payments on which are deducted from the corporate tax base. The Tax Code of Ukraine establishes a double tax barrier - it limits both the amount of debt and the share of profit before deduction. However, the established barriers not only do not prevent profit shifting, but encourage the widespread use of this method to reduce tax liabilities due to profit shifting. The main drawback of thin capitalization rules is that allowed excessive amounts of loans from non-residents do not oblige the borrower to improve the financial results of the enterprise. Instead, they provide an opportunity to reduce the corporate tax base by 30% indefinitely and move them to jurisdictions with low tax rates. The method of regulation provided for by the Tax Code of Ukraine can be considered as an incentive for the misuse of State budget funds. In order to eliminate these shortcomings, it is proposed to significantly reduce both barriers and to oblige the borrower to ensure the effective use of loans to stimulate the socio-economic development of the country, i.e. to deduct interest from taxable profit only if there is an actual increase in the produced added value, the introduction of new products and/or processes. Existing shortcomings in the legal regulation of debt obligations prevent legal resolution of the case in court. New criteria for identification of the resident with regard to individuals and legal entities and the beneficial owner of income have been proposed.

Adaptive Methods for Revenue Model Learning of a Slice Broker in the Presence of Adversaries

AbstractIn the fifth-generation (5G) of mobile networks, Multi-Access Edge Computing (MEC) refers to the deployment of computing resources closer to the end-users for improved service delivery. In the context of 5G MEC, the slice broker plays a crucial role in managing the allocation of resources among the different network slices, which are logical networks on top of a shared infrastructure. The slice broker is a business entity that acts as an intermediary between the slice tenants and the infrastructure provider and is responsible for allocating resources (such as CPU, memory, and network bandwidth) required to set up the network. The slice broker must ensure that resources are allocated in a way that the revenue is maximized. In a dynamic environment, the slice broker must learn the revenue model adaptively and online. Adversaries can significantly reduce the revenue by misleading the system about the resources pretending to be selfish nodes, or creating noise. The slice broker should learn the revenue model in the presence of adversaries. We apply cooperative deep reinforcement learning with consensus mechanism and consensus deep learning to learn the revenue model adaptively. We also compare our proposed methods with the reference solution. Simulation results show that our proposed methods, especially the cooperative version, outperform the reference solution.

The Electronic Participation in Corporate Bodies in Lithuania from a Comparative Perspective

The Electronic Participation in Corporate Bodies in Lithuania from a Comparative Perspective

Institutional governance and state-building in Somaliland

Governance is the combined principles of the effective rule of law within a framework of institutional capacity for legal entity, Institutional governance encompassed both administrative aspect and legal framework of institutional development linked with the state-building development. Institutional governance entails accountability, transparency to the demands of effective monitoring process, the aim of the paper is to know how institutional governance affect state-building in Somaliland, institution governance framework and the role of institutions to stat-building follow to accountability, transparency, rule of law and participation. The paper exams to understand the dynamics of institutional governance and state-building idea of governance in state-progress, state-building determinate, institutional Legal frameworks, discrepancies affecting institutions and the consequence. Somaliland is post-conflict country, the consequence from the destruction of infrastructural development brought some basic facilities including, peace, schools and institutional governance has destroyed, the paper presents the role of government bureaucrats (Civil Service)[1] in institutional building, peace restoration and institutional development, finally one of the ideas of paper discussed is the how citizens involved state-building and state-development. The Somaliland Civil Service Commission is a Somaliland government agency established in 1993 that oversees the employment of civil servants and lead reforms in Somaliland's decentralization process. The head of the agency is chairman and is appointed by the President of Somaliland.

Current Status of Birth Registration Practice in Nepal

Birth registration is an essential element of civil registration and vital statistics which provide a legal identity and recognize the rights of an individual. In Nepal, birth registration has a long history starting from the Village Panchayat Act 1962 which was the first act with a provision for a birth certificate. Despite the over half-century experience of birth registration efforts, challenges to universal birth certificate coverage remain present, especially among the rural population. This research will investigate the current practices of birth registration in Nepal based on the findings of the National Population and Housing Census 2021. The analysis will show respective rates of birth certificate issuance across the regions, provinces, and development districts. Some areas show remarkable success in birth registration, while others struggle to reach significant coverage levels. The experience shows the critical role of government responsiveness to the development of birth registration which is especially important for rural areas and districts with significant rural populations. In this light, targeted efforts and outreach campaigns are necessary to eliminate barriers, thus guaranteeing equal access to birth registration for all children in Nepal.

Creating the beta-infrastructure: Facial recognition terminals and social management during and after COVID-19 in China

Taking facial recognition access control (FRAC) as an example, this article examines the changing and fluctuant infrastructuralization process of facial recognition technology (FRT) in China. Drawing on ethnographic interviews, observations, and qualitative content analysis, we provide empirical accounts of how local governments, commercial entities, and community residents perceive FRT in different logics and how FRAC terminals become a key site for social negotiations unfolding through combinations of relation, power, and capital. The article outlines a new framework “beta-infrastructure” to capture the semi-material and semi-social characters of technology artifacts in nowadays digital society. The concept emphasizes both the material functionalities of FRT and the role of local citizens in negotiating what it means to be a good smart city.

IMPLEMENTATION OF DUE DILIGENCE NOTARY BEFORE AND AFTER THE COMPANY LEGAL ENTITY PT LISTING IN THE CAPITAL MARKET

Background. The capital market involves the public offering and selling of publicly traded firms' securities, with businesses required to complete the necessary paperwork and submit registration statements to Bapepam, supported by organizations and experts. This research aimed to describe the implementation of due diligence notary before and after the company's legal entity listing in the Capital Market. Research Method. This legal research includes normative and empirical legal research. This research is descriptive-analytical, namely research that describes facts and data regarding the implementation of Notary due diligence and the principle of openness before and after the Limited Liability Company listing in the Capital Market. Findings. The application of the principle of openness in the capital market is necessary for the implementation of Notary due diligence. This means that before carrying out the duties of the Notary in making deeds, the Notary verifies the company's data, which will be mentioned in the deed he will draft. The Notary's responsibilities both before and after listing include making amendments to the articles of association, minutes of the General Meeting Shareholders, deeds of agreements about public offerings, and registration with Bapepam. The Notary's role is restricted to the deed he executes; that is, to guarantee that the deed's intent, content, and purpose are correct and do not contravene applicable laws, statutes, regulations, or the code of ethics. Conclusion. The notary has made the deed properly and correctly to the applicable provisions and code of ethics, so in this case the notary has been protected.

Polish Film Institute: Selected Legal and Financial Aspects

Legal issues concerning cinematography are part of the constitutional regulations concerning national heritage and cultural heritage. Supporting the development of cinematography is the main task of the Polish Film Institute. The aim of this article was to examine the legal and financial issues concerning this state legal entity (in particular, its revenues and expenses). In addition, the authors set out to determine whether the Polish Film Institute is an effective entity and whether its functioning is beneficial to Polish culture and national heritage. The publication uses a dogmatic-legal method and an empirical method (the financial plans of the Polish Film Art Institute from 2017–2022 were analysed).

A Postcolonial Marxist Critique of the River‐as‐Subject: Situating the Atrato River in Its Development Aporias

AbstractIn 2016, Colombia's Constitutional Court declared the Atrato River a subject with rights and named the river's environmental stewards. This article traces how various actors co‐produced the ruling and critically engages scholarly calls to theorise a river‐as‐subject ontology. Centring postcolonial Marxist perspectives, the piece illuminates how power operates through the Rights of Nature discourse and theorises that the river‐as‐subject builds on and creates racialised development aporias: non‐passages beyond the hegemony of the state, capital, and development discourse and double‐binds for environmental justice struggles. Unpacking how the plaintiffs built the case and the river stewards navigated the ruling's first five years, I show that mining‐induced river degradation unfolds through (i) the fraught promise of justice in the Colombian Constitution, (ii) the naturalisation of collective legal personhood as “bio‐cultural rights”, and (iii) the inclusionary exclusion of river stewards from policy discussions about large‐scale mining enclosures and alluvial gold exploitation.

Green perspective on intellectual capital, corporate social responsibility, and competitive advantage: The role of firm performance

Green economy issues can occur both in the external and internal environment of business entities in terms of intellectual capital activities, social responsibility, and competitive advantage. This study aims to examine the relationship between intellectual capital, corporate social responsibility, firm performance, and competitive advantage through the mediating role of firm performance from a green perspective. Data were collected from annual reports accessed through the official Stock Exchange websites in each respective research country. The number of samples used is 60 sample data from pharmaceutical companies in Indonesia, Malaysia, and Singapore. Data analysis is carried out using multiple linear regression, path analysis, and Sobel test. This study shows that green intellectual capital, corporate social responsibility, and firm performance have a significant effect on green competitive advantage. Green intellectual capital and green corporate social responsibility have a significant effect on firm performance. Regarding mediating relationships, the results showed green intellectual capital and corporate social responsibility can increase green competitive advantage through firm performance. This shows that a company manager should pay attention to improving intellectual capital capability and corporate social responsibility because they have been proven to improve firm performance and competitive advantage in the context of green economy issues.

Establishment Of The Asset Confiscation Law To Minimize Corruption In Indonesia

This research is qualitative research with a descriptive approach, namely describing a number of things that are closely related to confiscation of assets in criminal law, criminal acts of corruption, and other things. The data used in this research is secondary data in the form of the Criminal Code, Civil Code, statutory regulations, the official website of the House of Representatives, other credible websites, and so on. The researchers analyzed the data using grammatical and systematic legal analysis techniques, namely interpreting every word in the legislation and connecting it with other secondary data or other related legislation. The result in this article show there are three major urgencies for the presence of the Law on Asset Confiscation in Indonesia, namely to provide instruments that are stricter than the current regulations because in the Criminal Code, asset confiscation is only an additional crime and not the main crime, providing a deterrent effect for corruptors and potential corruptors, and of course minimizing corruption cases in Indonesia. Under existing legal structures, state losses resulting from criminal acts of corruption cannot be recovered. Recovering state losses takes years and may not even be returned at all. What is meant to provide a deterrent effect in this research is to impoverish corruptors, change the nomenclature of words whose nature is emphasized from facultative to imperative, and change its status not only to become an additional crime, but also to become a principal crime. On this basis, researchers are of the opinion that the presence of asset confiscation laws in Indonesia can be effective in minimizing the occurrence of corruption in Indonesia.

Peculiarities of pre-trial settlement of administrative disputes in Ukraine and foreign countries

In the article, the author examines the pre-trial settlement of administrative disputes in Ukraine and foreign countries. Attention is focused on the fact that in connection with the introduction of the state of war in Ukraine, the burden on those courts that have the opportunity to hear cases is increasing because there is a sufficient number of judges, hostilities are not taking place, or the territory on which the court is located is de-occupied. In such conditions, there is a growing need to use alternative methods of dispute settlement, namely mediation and conciliation. The author highlights the issue of applying these methods – the subject composition of a public- law dispute as a civil servant who does not have a sufficient number of powers to use alternative methods of dispute settlement stays as the mandatory participant in such a dispute, he is limited in decision-making. Therefore, the article provides a suggestion to expand the discretionary powers of the subject of authority. The positive aspects of mediation are indicated. It contributes to the increase of trust and the establishment of partnership relations between the subject of authority and a private person. A necessary step is to introduce changes to the current legislation of Ukraine and grant the subject of authority the right to offer individuals or legal entities a mediation procedure in order to find a mutually beneficial solution. The author pays particular focus to the use of mediation in Israel. The use of mediation in the member states of the European Union, in particular Italy and Poland, is also being studied. The positive sides of conciliation in Ukraine and the United Kingdom are also studied, and the problems that arise in practice and ways to solve them are specified. The author comes to the conclusion that in the conditions of the state of war, it is indispensable to use alternative methods of resolving disputes, as this will lead to the relief of the judicial branch of government, the search for a mutually beneficial solution for both parties, the absence of corruption, preserving time and money for both individuals and legal entities, as well as for the subject of authority.

Dolimandro’s ‘Turkish Knife’: Geopolitics and Narrative Style in Mary Wroth’s Urania

Abstract This essay examines Lady Mary Wroth’s engagement with early seventeenth-century Anglo-Ottoman relations in The Countess of Montgomery’s Urania. The Urania follows a group of rulers who create an international Christian coalition in what was historically part of the Ottoman Empire. Besides Bernadette Andrea, no other critic has seriously considered the Urania’s allusions to Ottoman peoples, places, and objects. I propose that Wroth’s prose, filled with interpretive cruxes resulting from syntactical and pronominal ambiguities, resonates with England’s ambiguously identificatory relationship with the Ottoman Empire to create a geopolitically inflected narrative style. Following critical work on early modern race as a measure of ‘proximity’, I identify English desires both to identify with and differentiate themselves from the Ottoman Empire within literary and diplomatic discourses. I demonstrate how members of the Sidney-Herbert circle negotiated overlaps in English and Ottoman political, legal, religious, and racial identity markers. I then argue that these overlaps synergize with Wroth’s use of what I term syntactical and pronominal ‘severalty’ of character voices, particularly those of her narrator and characters identified with Ottoman regions. I conclude by demonstrating how Wroth experiments with her narrative style to imagine a Christian empire that surpasses Ottoman authority. In identifying a dialectic between contemporary Anglo-Ottoman relations and Wroth’s narrative style, this essay expands critical approaches to the politics of the Urania beyond more global narratological analysis.

Exit strategy for solvent companies under Indian insolvency law

The Insolvency and Bankruptcy Code, 2016 (IBC) was enacted with the objective to create robust ecosystem for entrepreneurship. One of the key features under this regime is availing exit strategies for business entities or corporate persons which may not be financially distressed or solvent but with non-viable businesses. The doctrinal legal research methodology is adopted with the help of cases to check the efficacy and purpose of the law. The articles test the two major theories on corporate insolvency and bankruptcy to derive on the theory which influences the Indian voluntary liquidation regime. The article attempts to compare voluntary liquidation proceedings of corporate person are dealt with under erstwhile Companies Act 1956 and 2013 with IBC 2016. The Current voluntary liquidation regime provides legal remedy for small yet solvent businesses to exit the market without acquiring financial burden, hence supporting entrepreneurship in India.