Comparative Study Of Law Research Articles

The Concept of Protection for Children Victims of Bullying Based on the Indonesian Criminal Justice System and the Rules of International Law

Various national and international legal instruments have emphasized how the state should make efforts to protect children, including in cases of bullying. However, the existing regulations do not clearly define how the victims and perpetrators should be treated. This study aims to analyze and compare the concept of legal protection in cases of bullying in national and international laws. The method used in this research is a normative legal study. This method is used to analyze and compare several concepts of legal protection in cases of bullying in both national and international regulations. This study uses a comparative law study approach and a statute approach. The location of this research is not carried out through field research but through literature review and document study. Supporting data in this study were also obtained from various data on the internet and printed sources. The results of the study indicate that the state is obliged to fulfill, protect, and respect the rights of the child, is obliged and responsible in formulating and implementing policies in the field of implementing child protection, having the obligation and responsibility to provide support for facilities, infrastructure, and the availability of human resources in the implementation of child protection. guarantee the protection, maintenance, and welfare of the child by taking into account the rights and obligations of parents, guardians, or other persons who are legally responsible for the child, as well as supervising the implementation of child protection.

Achieving the Purpose of Criminal Proceedings in the Conditions of Digitalization: Analysis of Russian and Foreign Experience

Digitization has certainly become a trend in the last decade, it has been consistently strengthening on a worldwide scale and its potential has been growing unstoppably. Digital technologies, which have become common in different spheres, are being gradually introduced in the work of law enforcement and judiciary bodies. In connection with these processes, there is a necessity to study the impact of digital technologies on the purpose, goals, and tasks of criminal proceedings. The need for such research is all the more evident in light of the problems of comparative law studies as different countries are currently at different stages of digitization, so the experience of more advanced countries is relevant for those with fewer achievements in digitization. In this article, the author analyzes the impact of digitization on the purpose, goals, and tasks of criminal proceedings in Russia, China, the UK and the USA. It was established that there have been no changes in the legislative regulation of their basic clauses. Currently, the legal regulation of the goal-setting of criminal proceedings remains stable in the face of recent digital trends. The main object of the research is to study how the purpose of criminal proceedings could be reached in view of the influence of digital transformations that the society is going through. It is concluded that such influence fluctuates from totally positive to extremely negative, associated with unstudied (insufficiently studied) risks and threats to the rights of a person in the criminal process and, consequently, to the purpose of criminal proceedings. The greatest threats are associated with the so-called end-to-end digital technologies, which include artificial intelligence, neural technologies, big data, blockchain, and others. The necessity of international and national ethical and legal regulation of the development and use of the abovementioned digital technologies is proven. The author analyzes the existing acts of regulating the ethical aspects of using digital technologies with cognitive functions. It is concluded that the documents that have already been adopted are mostly acts of soft law, and that it is necessary to adopt corresponding ethical and legal norms of a universally binding nature.

Comparative Study of the Copyright Laws for Artificial Intelligence in the UK and Korea

In the new paradigm in which artificial intelligence plays a critical role in operating a social and technological system, copyright laws have a lot of legal issues. In this paper, the copyright laws of two countries (the UK and Korea) are compared to distinguish the characteristics of major developed and emerging countries. In general, whereas major developed countries such as the US and the UK are favourable to the protection of new technology, emerging and developing countries have tried to lower the level of regulation of new technology in order to promote the business related to the new paradigm. In the case of artificial intelligence, the UK has a legal system that can cover work created by means of artificial intelligence, in contrast, Korea has no copyright law on artificial intelligence, including computer-generated work. Thus, the emerging countries have mitigated the regulations on copyright in order to support the catch-up strategies of their companies. The copyright law on artificial intelligence in emerging and developing countries needs to be designed for fair competition and fair trade. In addition, the duration of protecting work created by means of artificial intelligence should be shortened, because artificial intelligence can produce a lot of work in a very short time. This paper compared several case laws to compare the cases of copyrights related to artificial intelligence or computer-generated works.

Comparative analysis of internal energy excitation and dissociation of nitrogen predicted by independently developedab initiopotential energy surfaces

In this article we provide a comparative study of rate laws for internal energy excitation and dissociation of nitrogen. These thermochemical properties are obtained by studying molecular interactions on two independently developed $a\phantom{\rule{0}{0ex}}b$ $i\phantom{\rule{0}{0ex}}n\phantom{\rule{0}{0ex}}i\phantom{\rule{0}{0ex}}t\phantom{\rule{0}{0ex}}i\phantom{\rule{0}{0ex}}o$ potential energy surfaces developed at the University of Minnesota and NASA Ames Research Center. Furthermore, a comparison of a canonical hypersonic flow field is provided, where the only modeling input to the flow simulation are the $a\phantom{\rule{0}{0ex}}b$ $i\phantom{\rule{0}{0ex}}n\phantom{\rule{0}{0ex}}i\phantom{\rule{0}{0ex}}t\phantom{\rule{0}{0ex}}i\phantom{\rule{0}{0ex}}o$ potential energy surfaces.

Penal Protection for Consumers from Fake or Unreal Discounts: A Comparative Study of Emirati and French Laws

When shops offer discounts, consumers are incentivised to acquire merchandise and/or services. So, it is also when merchants attempt to expand their product distribution and boost sales to increase profit margins. Unfortunately, merchants may also resort to disingenuous and fraudulent methods, such as announcing a fake or unreal discount sale. Since consumers require adequate legal protection from such harmful practices, Emirati and French legislators have criminalised fake and unreal discounts. This paper compares penal protection from fake or unreal discounts in Emirati and French legislation to balance the interests of merchants and consumers. This study adopts a qualitative methodology through a comparative and analytical approach and concludes that Emirati and French legislation adopts different criteria to achieve the desired goal of discounts. It was recommended that the Emirati legislator reconsider penalties for natural and legal persons committing commercial fraud by specifying up to three years imprisonment and a fine proportional to the value of the profits obtained from the crime of offering fake or unreal discounts. Furthermore, legislation should address the crime of announcing such discounts.

The Institution of Security Agent: A Comparative Study of Polish and French Laws

In many continental legal systems it was often problematic to grant a security right to an entity separate from the holder(s) of the secured receivables. Such arrangement was especially desired by the parties in complex lending structures with many creditors. To solve this problem various legal solutions have been created in different countries. In Poland and in France the special institution of a security agent has been introduced. Aim of this article is to compare those two regulations. The conclusion is that the French provisions better deals with the challenges posed by the entity separation problem. Security agent, collective security arrangements, entity separation, unity principle, security rights, security interest, syndicated loan, bond issue, accessoriness of security rights.

Comparison of Several Criminal Law Provisions Between the Indonesian Criminal Code and the Criminal Code of Other Countries: A Brief Overview290Comparison of Several Criminal Law Provisions Between the Indonesian Criminal Code and the Criminal Code of Oth

The purpose of comparative law is to help trace the origins of the development of the same conception of law throughout the world. If examined further, the purpose of comparative law is not merely to find out the differences and similarities rather than the laws being compared, but what is important is to know the causes and background of these differences and similarities. With a comparative study of criminal law, Indonesia can take useful materials, especially in the formation of a quality national criminal law and of course in accordance with current conditions as well as Indonesian ideology and ideals. This is indicated by the material of the Indonesian Criminal Code which urgently needs improvement by incorporating various criminal law arrangements from various countries, of course adjusting to the conditions and ideology of Indonesia. This is reflected in various basic problems such as the principles and concepts of the criminal law. So it is necessary to progressively law enforcement officers in operationalizing the criminal law. In addition, a national legal development policy direction is needed that is oriented towards Indonesian ideology and ideals.

Harmonization of Modern Law and Local Law in South Barito District an Overview of Comparison Legal Studies

Customary law in Indonesia has characteristics and patterns that are different from other laws. Customary law is pragmatism-realism which means that customary law is able to meet the needs of the community which is functionally religious so that customary law fulfills a social function/social justice. The emergence of modern law has completely changed the map of the old social order, this is due to the hegemonic character of the modern law, it does not allow any other form of order except those created and issued by the state. It is different and interesting when local law fights with modern law, where Modern Law is eroded in its implementation by local law. Local law views the implementation of the "Wara" traditional ceremony with the traditional ritual "Kaleker Diau" in the Dayak indigenous people of Central Kalimantan, South Barito Regency as a culture or custom that must be preserved, while modern law views the activities in these traditional rituals as a form of gambling. and has a large effect can cause conflict in indigenous peoples. The study of comparative law considers that the cultural values ​​or customs, habits and enforcement of Dayak customary law in the area of ​​Central Kalimantan Province, South Barito Regency, which are very sacred, need to be updated in their implementation with the aim of building and implementing traditions or customs that are in line with the national legal system.

Legal Protection for Termination of Employment In the Era of Covid-19 Pandemic (Comparative Study of Islamic Law and Positive Law in Indonesia)

The purpose of this research is the legal protection for Termination of Employment in the era of the COVID-19 pandemic according to Islamic law and Indonesian positive law as well as the similarities and differences between the two. The research method used in this research is comparative descriptive, with a content analysis approach. This approach used an in-depth discussion of the contents of written information, systematically and objectively analyzed the facts, characteristics, and the relationship between existing elements or certain phenomena and can then be compared to theory. According to Islamic law, legal protection for workers against layoffs is part of the purpose of Islamic law. Namely to maintain life and property to achieve happiness in the world through a good and honorable life (hayyah thayyibah). Therefore, it must be carried out with principles such as human freedom, human dignity, justice, and anti-discrimination, as well as fair wages. In contrast, according to positive law, workers' legal protection for termination of employment can occur because the company is closed due to force majeure, and the entrepreneur is obliged to pay severance pay, long service pay and compensation rights pay that must be received by the worker. The difference is that Islamic law is not regulated in detail regarding the provision of severance pay, long service pay, and compensation rights pay that should be received as in positive law. However, in Islamic law, it is carried out following the agreement (akad) that has been made and agreed to. Therefore, there is no dispute due to injustice committed by one of the parties.Keywords: Legal Protection, Layoffs, Covid-19 Pandemic, Islamic Law, Positive Law

A Comparative Case Study of Match-Fixing Laws in Singapore, Australia, Germany, and Switzerland

AbstractDespite being ranked top three countries in the world in the Corruption Perception Index 2018, Singapore has a reputation in sports integrity for being the ‘academy of match-fixers’ in football and home to the leader of ‘the world's most notorious match-fixing syndicate’. It is curious (and somewhat ironic) that Singapore, as one of the world's leaders in managing public section corruption, has been home to sports corruption and match-fixing locally and internationally.To date, Singapore has not instituted sport-specific laws on match-fixing to specifically combat match-fixing and other forms of manipulation of sports competitions in the country, and primarily relies on its criminal laws on corruption to prosecute match-fixing conduct, pursuant to the Prevention of Corruption Act (Cap 241, 1993 Rev Ed Singapore). This is in comparison to other countries which are home to match-fixing conduct, such as Australia, Germany, and Switzerland.This article will focus on the discussion on whether it is necessary for countries, with particular focus on Singapore, to enact sport-specific laws on match-fixing in their endeavour to combat match-fixing in their country. This work will conclude that while there are benefits to enacting sport-specific match-fixing laws, there may not be a dire or urgent need for Singapore to enact sport-specific laws on match-fixing. In any event, it may be necessary for Singapore authorities and sport governing bodies to take certain concrete steps to buttress the present regulation of match-fixing and state of players’ contracts in order to mitigate the risks of such sports manipulation activities. One of these steps may include for Singapore to become a Signatory to the Council of Europe Convention on the Manipulation of Sports Competition (Macolin Convention).

Comparative studies in Germany after World War II: Separate aspects

The peculiarities of the development of comparative law studies in Germany after the World War II are traced and determined. The relationship between the development of legal comparative studies in Germany and historical moments in the development of the country as a whole is studied, as well as attention is paid to the moments of institutionalization of comparative studies after the World War II. The historical component after the World War II is in fact the “Renaissance” of the development of legal comparative studies in Germany. At the same time, comparative jurisprudence followed the path of tireless institutionalization. At that time the institutions that “supported the National Socialism” orientation before the war were restored, as well as new institutions were created, conferences were held, and journals of comparative law studies were published. The period after the World War II actually consolidated the basis for the development of comparative studies, and the institutions created at this time still function today. Key words: comparative law, comparative studies, institutionalization, Germany, World War II.

The Mainstreaming of the Concept of Legal Protection for Child Labor in Indonesia based on ILO Conventions

One of the child problems that must receive special attention is the issue of child labor. This issue has become global because so many children around the world are already working at school age. In reality, the issue of child labor is not just an issue of children carrying out work for wages but is closely related to exploitation, hazardous work, obstructed access to education, and hampering children's physical, psychological and social development. Even in certain cases and forms of child labor has been entered as a qualification for children who work in the most intolerable form of child labor. This study aims to analyze, identify and compare the concept of legal protection for children based on the ILO Conventions on Child Labor. The method used in this research is a normative legal study. This method is used to analyze and compare several legal protection practices for child labor in the context of Indonesian law with international law: the ILO Conventions on Child Labor. This study uses a comparative law study approach and a statute approach. The location of this research is not done through field research but through literature review and document study. Supporting data in this study were also obtained from various data on the internet and printed sources. This research was submitted through the DIPA Student Research grant scheme, Faculty of Law, Semarang State University in 2022.

Porn videos as evidence of adultery: a comparative study of Indonesian criminal law and Islamic law

Adultery is one of the categories of crimes that are prohibited under Indonesian law and is also categorized as a major sin according to Islamic law. With so many porn videos circulating through social media or the internet, the question of what if porn videos are used as evidence in court so that they can prosecute adulterers is raised. The purpose of this study is to find video criteria that can be used as legal evidence according to Islamic law and Indonesian Criminal Law. This study aims to find video criteria presented as legal evidence according to Indonesian criminal law and Islamic law so that it can be used as a reference for reforming Indonesian criminal law. This research was conducted by comparing Indonesian criminal law and Islamic law regarding video criteria as evidence of adultery. The results of this study found that according to Indonesian criminal law, because of the Constitutional Court's Decision No. 20/PUU-XIV/2016 there are limitations on videos that can be used as evidence in court, namely the method of acquisition must be in accordance with applicable legal rules. Meanwhile, according to Islamic criminal law, videos can be used as evidence of qorinah or instructions, but materially the content of the video contains the entry of almurd into the mikhalah. Based on these findings, the adultery video can be used as legal evidence, it can be referred to base on Islamic law by positioning it as evidence of guidance, and although qoth'i there must be four men as witnesses on charges of adultery.

Models of Sentencing Children as Criminals (A Comparison of Several Countries)

The sentencing of children in the context of children as perpetrators of crimes has its own complexities and challenges. On the one hand, law enforcement must be carried out in preventing and tackling crime, on the other hand the perpetrators of crimes are children who are legally regulated in judicial mechanisms and special systems. The model for punishing children in Indonesia has basically been regulated through the Juvenile Criminal Justice System and the Child Criminal Law. However, this model of punishment by several studies and related studies is said to be not perfect and adequate. This study aims to analyze and compare models of punishment for children as perpetrators of crimes in three countries: Indonesia, Thailand, and the Philippines. The method used in this research is a normative legal study. This method is used to analyze and compare several model practices of child punishment in three countries. This study uses a comparative law study approach and a statute approach. The location of this research is not carried out through field research but through library research and document studies. Supporting data in this study were also obtained from various data on the internet and printed sources.

Studi Komparatif Hukum Positif dan Hukum Islam Terhadap Hybrid Contract Pada Bank Syariah

This study discusses the comparative study of positive law and Islamic law on hybrid contracts in Islamic banks. The main problem is reviewing Positive and Islamic Laws on Hybrid Contracts in Islamic Banks. This article is a research library (Library Research). The data source for this article comes from the journals and books relevant to this discussion. The results of the research of this article indicate that a Multi contract or joint contract, or Hybrid Contract (al-'Uqud al-Murakkabah) is the application of two or more contracts in one transaction as a single transaction that is inseparable from each other. Sharia Bank is a Bank based on Islamic law, based on the Qur'an and Hadith. All products and services offered must not conflict with the contents of the Qur'an and Hadith. Hybrid contracts originate from a contract and develop and change. As a development, the hybrid contract has fulfilled the requirements for forming a contract with the elements and pillars of a hybrid contract similar to the elements and pillars of a Sharia contract. The hybrid contract element in Islamic banking follows the principles of contract and the provisions of Islamic law and is allowed in Islamic banking.

Marriage in Secret According to Islam and Catholic: A Comparative Study on Religious Laws

This article discusses secret marriage from another perspective, namely in the form of a comparative study of religious law between Islam and Catholicism. This research aims to find similarities and differences between the two religions in assessing and regulating secret marriages. This study found that both religions recognize secret marriage as an uncommon and not ideal marriage. Both religions see the disadvantages and harms of secret marriage. This study found some key differences. In Islam, sirri marriage is not created by religious doctrine, but are practices carried out by several people which is subsequently judged and regulated by religious law. Whereas in Catholicism, secret marriage are officially created by the highest legislator of the Church. In Islam, unregistered marriage often colludes with polygamy, while in the Catholic Church secret marriage is carried out while upholding the essential nature of marriage: monogamous and indissoluble. In Islam, sirri marriage is not recorded anywhere, while secret marriage in the Catholic Church is recorded internally in the diocesan secret archives. This study raises mutual respect among adherents of both religions regarding secret marriages. This study also encourages further studies on the problem of the two religions facing civil lawsuits regarding marriage registration.

Comparative Law Study: Sentencing of Sexual Violence Perpetrators Who have Deviant Sexual Behavior

The purpose of this paper is to find the ideal form of punishment for perpetrators of sexual violence who suffer from deviant sexual behavior. The method in this study is a normative legal research type, where activities are carried out by researching and analyzing the forms of sanctions and punishments regulated in positive law, in addition to conducting a comparative study of the provisions in positive law in Indonesia in the perspective of the types of sanctions against perpetrators of sexual violence crimes. who suffer from deviant sexual behavior. The results show that the ideal form of sanctions imposed on perpetrators of sexual violence who suffer from deviant sexual behavior should not only focus on imprisonment, however, it must be accompanied by other treatments or actions to treat the deviations in sexual behavior he suffers as mandated in the Sexual Violence Criminal Act, which is to combine imprisonment and special rehabilitation to cure his sexual behavior deviations. With the imposition of imprisonment alone, it will not be able to treat the main factor that triggers sexual violence crimes committed by perpetrators who suffer from deviant sexual behavior, so that rehabilitation or treatment efforts are important things that must be done so that there is no repeated or recidive crime.

Religious, moral, and legal rhetoric of abortion argument

The issue of ‘right to life’ is a most recognized fundamental human right in all democratic set-upsunquestionable in both legal and moral spheres but it comes into contested mode regarding its absoluteness with an interplay of law and morality in cases such as in matters of ‘Abortion’ activity. The western Christian states especially the common law adhering countries have much perennial debates over the subject and the necessity of a comparative study of abortion laws cannot be denied for a better conceptualisation of the study over the subject ‘abortion’. The study of three western nations having common law system has been taken into consideration for the purpose of finding gaps and controversies.The aspect of the studyis to benefit each society from each other’s experiences for best suitability of the practice in different situations and learn from each other. For the better objectivity of the research findings some western philosophical arguments also been taken into account with Christian ethos much prevailing in their ideas and propositions having influences over the society causing effects over law making.

The Comparative Law Method and Its Correct Application as a Prerequisite for Obtaining Reliability of Research Results

Approximation of legal systems serves the achievement of similar economic, social or cultural goals. The comparative method is a tool to achieve such goals. This is why the subject matter of this paper is to present the characteristic features of the legal comparison method and all its stages. Results of research that uses this method aim to formulate de lege ferenda conclusions for the national legislator. The main hypothesis of this article is to demonstrate that the truth of the research result obtained by a comparatist largely depends on the correct application of the comparative method. Nevertheless, it is not the only factor that affects reliability of the research result. The article also points to the relationship of comparative law with neighbouring scientific disciplines and in particular with the theory of law, where this relationship concerns convergence of legislative goals. This is why a lawyer – comparatist, who is preparing a comparative law study, should draw on the research method developed in the theory of legal comparison and on the achievements of the theory of law. The discussion opens with a presentation of a short historical overview of the essence of the dispute on the perception of comparative law either as an independent scientific disciple or as only a specific research method (section 1). When it comes to the characteristics of the comparative law method, its general properties are presented first (section 2), followed by a description of its special features (section 3). It is in particular unique in the fact that it is implemented in stages during which specific activities must be performed. Adherence to this multi-stage procedure is significant in obtaining reliable research results.

Common Contexts of Meaning in the European Legal Setting: Opening Pandora’s box?

The way comparative law methodology is handled by the variety of experiences of normative complexity around the world is, in itself, a stimulating and promising field of research. In particular, the “hybrid” character of the European Union legislation, being juridical and linguistic at the same time, remains the core of comparative law studies, but the dynamic relationship between law and language is constanlty producing ever-changing scenarios, calling for combined scientific approaches. Along with comparative law, semiotics in particular has ensured the proper reading of the complex juridical and linguistic interconnections between the EU legislation and the national courts interpreting and applying them, thanks to its implicit dynamicity and ability to favor the visualization of the real normative semantic flow. By means of a case study, the opening of this “Pandora’s box” will demonstrate that, despite the lack of correspondence among EU categorical and conceptual structure, legal language, court enforcement and spirit of the people (social group), shared contexts of meanings within the EU and the national contexts are already flourishing and become visible when approached from a specifically comparative and semiotics point of view, that's to say as legal formants and as signs and meta-concepts.