Development Of National Law Research Articles

Launching a European Employee Stock Ownership Plan (European ESOP)

PurposeWith a third of business successions failing, the EU is still confronted with a haemorrhage of around 150,000 enterprises and 600,000 jobs every year. Although 30 years of research have confirmed the positive effects of employee share ownership (ESO) for European enterprises and its important function for business succession, best practice, such as the US ESOP, is thinly spread across the EU. Nevertheless, Member States (MS) have developed a broad variety of ESO schemes involving intermediary entities to acquire and administer employee shares in the employer firm in particular for the transfer of businesses to employees. However, for small and medium enterprise (SME) owners the main barrier is still a lack of clearcut and transparent options to sell their enterprise to their employees and corresponding incentives to do so. In this light, this paper proposes a European approach, that is, a European Employee Stock Ownership Plan (European ESOP).Design/methodology/approachA “Common European ESOP Regime”, as a first step towards a “Common European Regime on EFP” would complement existing national laws aiming primarily at their harmonisation. As the name suggests, this would be a second contract law regime parallel to national legislation on ESO. Its objective is to eliminate obstacles to the single market that mainly, though not exclusively, stem from heterogeneous regulatory density. The existing obstacles are due to the multifarious development of national laws governing employee financial participation (EFP) in the MS. The “Common European ESOP Regime” would offer employers and employees a choice between two alternative EFP regimes one originating in national legislation, the other in European legislation. The choice between these two alternatives would be entirely optional, as in the case of the European Company Statute.FindingsThe European ESOP is modelled on the US ESOP and EU best practices. It embraces six European types of legal vehicles, i.e. the employee ownership trust (EOT), the French employee ownership mutual fund (FCPE), the Austrian civil law foundation, the Spanish Sociedad Laboral, the cooperative and the closely held limited liability company.Originality/valueThe “Common European ESOP regime” would neither replace nor override national legislation but would serve as a cross-border alternative to national laws, to be used at the discretion of the parties involved. Regarding its contents, it would contain best practice rules derived from each of the ESOP vehicles discussed to reflect the entire life cycle of SMEs (starting up, consolidation and succession).

Prospective Regulation of Private Sector Legal Compliance Audits Through the Draft National Legal Guidance Law as A Manifestation of Good Corporate Governance

Various private-sector legal issues show how the quality of legal compliance is lacking. Legal and business entities have not considered decision-making in business transactions or other actions that risk-reducing investor interest. The massiveness of legal audit problems is an urgency to identify legal deviations from the start to measure legal compliance to avoid criminal, civil, and administrative sanctions. However, reviewing the current implementation of legal audits is limited to asset valuation and financial statements, and even then, it does not require private institutions to carry out audits periodically, so they are carried out by certain companies only. This research uses a normative method that refers to laws and regulations accompanied by literature studies in the form of books, journals, and other literature to find prescriptive ideal ideas. The results show that the implications of legal compliance audits stem from a legal vacuum over the audit mechanism, standardization of honorarium, and legality of legal auditors. The National Law Development Agency (BPHN) must collaborate to formulate a private sector legal compliance audit in the Draft Law on National Law Development to realize Good Corporate Governance (GCG). The author recommends an ideal legal compliance audit model like the Government Accountability Office (GAO) in the United States.

Religion And the Making of National Law; Literature Review

Religion has an important role in lawmaking, especially Islam in a country like Indonesia. Data used in this research consists of secondary data, which comprises published literature that fits the context of the research discussed. The researchers found that the role of religion in lawmaking was not independent of the historical, social, and cultural influences of the society concerned. Religious sources, such as Sharia and Islamic fiqh, are also used in the interpretation and development of national law. Religion also plays a role in shaping the values and moral norms underlying the legal system.

Integration of Religious and Social Values in the Development of the Indonesian Constitution Era 5.0

This study examines the inclusion of Islamic religious and social values in the development of the constitution in Indonesia because it is undeniable that the role of religion brought by the Prophet Muhammad is an inspiration for making laws in the country. The social values of the community or what is referred to as customary law are also integrated into positive law or the Indonesian constitution. This research uses a socio-legal approach. This study concludes that religious and social values of society enter National Law through adjustment to legal values and through system transplantation. The existence of Islamic Law in the Development of National Law identified that the paradigm of Pancasila in which the Islamic legal system is contained and the positivization of Islamic law into national law through several codifications and legal unification has been in the form of laws and regulations. Religious values and community customs are integrated into the constitution of Indonesia, which has the potential to continue to develop along with the times and technology.
 Keywords: integration, religion, social, constitution

Transformation of the Institutional System of Legal Relationship Regulation in the Context of Modern State Governance

Introduction. In the context of the national law development, the institutional regulation doesn’t prove to be enough efficient due to a number of factors: the excessive institutionalization of laws, norms and requirements by the subjects of state governance, the use of the outdated methods and regulatory mechanisms, the disintegration of the regulatory institutions, etc. In the frame of the modern scientific research, the solution of these issues is possible only in case of transformation of the legal regulation system towards the rational state governance, provision of technological support and overcoming the excessive rules. Thus, the present work aims to analyse the up-to-date concepts of the institutional regulation system taking into account its basic elements, functions and principles, which will help to detect the gaps and reasons underlying the poor efficiency of the governing process.Materials and Methods. The requirements of the current stage of the state governance development have become the materials for the research. The research methodology includes a set of general scientific and specific scientific methods: legal, dialectical, logical, institutional, system-structuring, as well as comparative legal and legalistic methods aimed at the detailed study of the regulatory processes, their substantive stages, principles and functions.Results. The analysis of the institutional regulation system activity is formed by many interacting factors, including openness of the regulatory processes, participation of the public, open discussions, unbiased assessment of the regulatory impact and expediency of the state intervention. The conducted research has made it possible to distinguish the various functions and principles of the institutional regulation, which are significant for the current stage of the state governance development. The requirements for the legal regulation system have also been defined, including the qualitative analysis of the legislation, implementation of the "smart regulation" concept, participation of the specialists of the allied sciences in the regulatory process, implementation of the modern research findings, methods and innovative technologies, as well as moderate and rational control over the efficiency of the regulatory institutions functioning.Discussion and Conclusion. The institutional governance is subject to many hierarchical factors and excessive control of the authorities. As to the practical recommendations, the following solutions seem to be the most rational: smart delegation of powers, coordination and systematisation of all regulatory stages and elements within the process of the new legal principles and mechanisms implementation supported by the participants’ proactivity and by the space for the up-to-date solutions. The present research proves to be significant for the Russian juridical science, as it implies the systematisation, enhancement and transformation of the fundamental legal principles

Preparation of the Code of Laws of the Russian Empire — the stage of systematization of domestic legislation regulating civil-law relations

The article characterizes the stage of preparation of one of the first constituent parts of the Code of Laws of the Russian Empire — a code regulating civil relations of the subjects of the Russian Empire in the XIX century — in the conditions of unstable foreign policy situation. The purpose of the research is to study the domestic experience of systematization of legal norms regulating property and personal non-property relations. Comparative-legal and historical-legal methods are applied in the study. The possibility of using the domestic experience in the development of legal technique in solving the issues of codification of Russian legislation taking into account national traditions has been proved. The position that when drawing up the plan of systematization of the Russian legislation, in particular civil-law norms, M. M. Speransky not only took into account the peculiarities of the development of national law, but also used legal precedent, fixing it in the general legal system in the form of a rule of law is substantiated.

Development of National Legal Political Strategy

In the development of the political situation entering the era of the third millennium, in various countries, it turned out that they were leaving political autocracies that were more dynamic toward legal reform, including Indonesia, which had implications for amendments to the 1945 Constitution. The study aimed to analyze the problem, how to correlate legal reform with the development of national legal politics in Indonesia. The study method used was descriptive analysis approach. The discussion of these problems that correlate legal reform in the development of national legal politics in Indonesia, in essence, has a philosophical content to achieve legal goals within the framework of realizing the goals of the Indonesian state, namely achieving a just and prosperous society. It can be concluded that the development of national legal politics is one of the important areas of development, which also requires intensive attention and handling like other development fields. In the transitional era of the New Order era to the Reformation era, national law reforms provided accommodation to resolve various problems. The political development of the national law seems rather difficult to implement so that in some ways the politics of national law development seems to be somewhat sloganistic.
 Keywords: development of national, legal political, Indonesia

Private International Law: Some Development Trends, Traditional and Novelization Institutions

The unprecedented impact of technology on society, the dramatic change in the climate of international relations due to the economic blockade of the Russian economy had a direct and immediate impact on the development of national law and private international law. This is not about slowing down, but about reversing the processes of globalization. The agenda includes the issues of updating the personal statute of a legal entity, the tort statute in the aspect of personal rights protection, the formation of the statute of intellectual property rights and securities in Russian legislation. Relations on the use of artificial intelligence systems, cryptocurrencies and blockchain require special regulation in private international law. The aggressive anti-Russian sanctions policy of the United States and Europe necessitates the modernization of public order regimes and superimperative norms, and the development of regulation of foreign property expropriation in Russian law. This article is devoted to the discussion of these issues, prepared on the basis of the author's report at the plenary session of the XVII Scientific Readings in memory of Professor S. N. Bratus.

Sharia Actualization: Realizing the Indonesian Islamic Jurisprudence

Sharia is intertwined with fiqh. In English terminology, Sharia is translated as “Islamic law based on the Quran.” In the context of reforming Islamic law in Indonesia, the method of talfiq is needed, selectively choosing opinions that align with the conditions in Indonesia. It is believed that the Islamic legal tradition, in terms of formation, reform, or legal development, is closer to the Anglo-Saxon legal system known as precedent law. This is because Muslims fully accept that all the dogma, principles, and Islamic sharia are already perfected in the Quran and the Sunnah of the Prophet. The question at hand is how these legal texts can be guaranteed to remain relevant and capable of meeting the needs of all times, places, cultural contexts, and social levels. This study delves deeper into the Sharia within the Contemporary Era, relating to the Typology of Islamic Legal Reform Actualization and the Application of Islamic Law in Indonesia. The research is a literature study, focusing on the examination of figures and the object of study, which is Sharia in a modern context. This study employed a qualitative approach to analyze the Typology of Islamic Legal Reform Actualization and the Application of Islamic Law in Indonesia. The dynamics of Islamic law in Indonesia are expected to continue evolving and innovating so that in the future, Islamic law with universal value will not only pertain to the realm of fiqh muamalat (transactions) and akhwal sakhsiah (personal matters) but will also contribute positively to the development of national law in Indonesia in various aspects.

Upaya Penegakkan Contitutional Culture Masyarakat Sulawesi Tengah Ditengah Gerusan Constitutional Transplantation

The legal policy of recognition of indigenous peoples as outlined by the 1945 Constitution requires the government to make customary law a source and inspiration in the development of national law. In the field of private law such as land and inheritance law, customary law has been elaborated a lot into national law. However, constitutional customary law is still not elaborated so that it often seems that it does not make a good contribution to the development of constitutional law in Indonesia. Based on research it is known that constitutional customary law is a formal source of constitutional law that hierarchically falls under the constitutional law act. In fact, some constitutional customary laws have been adopted in positive constitutional law, such as the provisions regarding the indigenous legal alliance, and the concept of the president as the holder of power over the army.

Revitalization of Customary Law as a Source of Law in Building a Legal System in Indonesia

In this research, data and information will be collected in an interdisciplinary and multidisciplinary manner and involve different sectors. The collected data and information will be analyzed in an in-depth normative juridical way to obtain a comprehensive understanding of customary law. This shows that customary law has important values and contributions to the development of national law, even in the era of globalization and technological developments that are constantly changing. This research examines which areas of customary law are still relevant in overcoming the problems faced by the Indonesian nation in the era of globalization, and how is the revitalization of customary law as a source of law in building the legal system in Indonesia.

THE MULTIDIMENSIONAL-PROGRESSIVE LOGIC OF AL-MAQASID AL-SYARI’AH FOR THE DEVELOPMENT OF HUMANITARIAN FIQH

<div>This research aims to describe Jamaluddin Athiyyah’s thought both conceptually and in operational logic, as well as the factors of human values in al-maqa>s}id al-syariah and its progressive legal reasoning. This research is a literature with primary legal materials, books by Athiyyah, and various latest scientific journals. Research findings show that conceptually according to Athiyyah, the benefits that are the objectives of Sharia are universal and balanced, the urgency of understanding must be balanced between and the method of ushul Fiqh and Fiqh rules, so that the legal product is not textual-conservative or liberal subjective. According to Athiyyah, the factors of human values in al-maqasid al-syariah are:</div><div>1) Efforts to get to know, help, and complement each other, 2) Realization of the role of the human caliph on earth, 3) Realization of peace based on the value of justice, 4) State protection of human rights, and 5) Spread of Islamic da'wah. reasoning focuses on the substance of the goal to be achieved (ideal norms) in the enactment of a law. It is not just legal-formal legitimacy or legal rules labeled Sharia. Such legal logic is more progressive and elastic substantively and more politically dynamic to respond to the dialectic of Sharia and law in the development of national law. This research is expected to contribute to the</div><div>progressive implementation of al-maqa>s}id al-syari>ah in the context of developing humanist and universal Islamic law.</div>

The Legal-Political Urgency of Coal Industry Downstreaming for Democratic and Just National Development

In please fifth Pancasila and the 1945 Constitution emphasize that the principle of social justice mandates the responsibility of the government in developing welfare. After the issuance of Law NO. 3 of 2020, the mineral and coal (minerba) sector plays an important role in national economic growth. However, in practice, it is felt that the government lacks a supervisory function, resulting in a recentralization of authority, both from the aspect of licensing and supervision. Coal industry supervision mechanisms must be further regulated to ensure that the downstream coal industry is not controlled by a handful of people. The formulation of the problem in this journal is what is the mechanism for downstreaming the coal industry as a development of national law? And what is the juridical basis for the delegation of authority for the downstream coal industry in achieving national legal prosperity? This research uses normative juridical method through literature study. Normatively, the legal politics of natural resource management in Indonesia has been determined in the 1945 Constitution, specifically in Article 33 paragraph (2) and paragraph (3). In terms of planning, as well as coordination of intensity implementation supervision has not been carried out optimally, so that it has not supported the realization of sustainable and environmentally sound mining through law enforcement efforts. The recommendation from this study is that policies still need to be synchronized with the provisions of related laws and regulations so that they can become an effective, efficient and comprehensive legal basis in mining operations so as to create legal certainty and provide protection for the community.

Birokrasi Pemerintahan Pendekatan Sistem Hukum Moral dan Manajemen dalam Upaya Pencegahan Korupsi di Indonesia

The bureaucracy has full authority in the management of government budgets and the delivery of public services. Bureaucratic power can lead to abuse of power and corruption in government activities. Lord Epton sad "power tends to corrupt, absolute power corrupts absolutely". The statement illustrates that government power has the opportunity to become corrupt. Corruption is the most serious problem not only in developing countries but also in developed countries. There are many strategies to fight it. Corruption has been successfully proven by experts and practitioners around the world. Today, there are three main approaches to fighting corruption. First, the legal approach that emphasizes the development of national laws through political decisions and emphasizes law enforcement that upholds the laws of the country. Second, the moral approach, which emphasizes efforts to persuade people not to do wrong and avoid abuse of power with self-awareness. Third, the management system approach emphasizes the development of a management system based on transparency and accountability. The third approach aims to eliminate opportunities for corruption by designing a management system that does not provide opportunities for government officials to commit corruption by providing space for the public to control all government activities through investigation and claim mechanisms. The first approach has weaknesses

Development of Positive Law in Indonesia

Background. In the development of positive law today, especially after the reform in Indonesia, there are several laws that the author considers to have developed, especially in terms of child protection law, in addition to those that have existed previously in the Criminal Code and Criminal Procedure Code both material and formal. Purpose. The blurring of the form of the rule of law caused by the lack of strengthening of the legal system implemented by the Indonesian state is one of the reasons for the many reasons for the need to establish an Indonesian Legal System. Method. The transition to democracy as one of the triggers for changes in the national legal system inevitably demands changes to the national legal system in a better direction in an effort to establish a national legal system that is in accordance with the ideals of the Indonesian state. Results. The development of national legal systems should remain long-term oriented in their application. Thoughts about the development of national law in the future have certainly been thought of from an early age in order to set the direction of national law development. Conclusion. The development of Indonesian national law which is currently strongly influenced by external elements as much as possible to maintain material legal sources from Indonesian laws. The development of national law that emphasizes the spirit of Indonesia and the taste of Indonesia can only be done by consensus from all elements of the nation.

Politik Hukum Putusan MK No. 46/PUU-VIII/2010 sebagai Upaya Pembangunan Hukum Nasional

Purpose: To identify the Constitutional Court's decision No. 46/PUU-VIII/2010 regarding the recognition of the status of children out of wedlock, has reflected the form of development of national law or not. Methodology: This legal research is a normative research with statutory, conceptual and case approaches conducted by examining primary and secondary legal materials. Results: Constitutional Court's decision No. 46/PUU-VIII/2010 has fulfilled the rules of good legal politics because this decision can maintain complete unity, both territory and ideology that is built democratically so that it is able to create social justice and there is no exclusivity in the decision against one of the religions in Indonesia. This decision is a manifestation of the development of Indonesian law which is capable of dealing with the phenomenon of children born out of wedlock in terms of providing protection and legal certainty for children born outside of wedlock status, by combining Islamic law and national law (so that the formation of this decision is not based on one religion only), then from the combination of the two laws can form a new law that can meet the needs of society as a means of development that is certain and justice. Limitations: This research is limited to reviewing the decisions of the constitutional court regarding the recognition of the status of children out of wedlock which are analyzed by development law theory.

Penegakan Hukum Terhadap Pelaku Pembakaran Hutan Dan Lahan Dikaitkan Dengan Teori Hukum Pancasila

The criminal act of burning forests and land which has sprung up in Indonesia has become an issue of environmental problems which is very worrying, this requires firm action from the government. Many parties, both individuals and legal entities (Corporations) who burn land aim to open new land without requiring much time and at a lower cost, this violates the values contained in Pancasila in the second precept because burning land with this aim is an act that civilized. The method used in this research is normative juridical, analytical descriptive in nature, using the Laws and Regulations approach. This research uses a statute approach, namely by collecting and analyzing statutory provisions related to the environment and corporations. The legal material collection technique used in this study was library research and then analyzed qualitatively. The results of the study show that Pancasila Legal Theory is a legal theory that is based on Pancasila values as its ontological, epistemological and even axiological basis where the development of national law has an identity and is sourced from Pancasila philosophy and values, so that Pancasila values are placed as ethical starting points and must animate national law. Against criminal acts of forest and land burning Behavior theory (behavior) emphasizes human motivation with an emphasis on the importance of cooperation through negotiations and technical support so that the industrial community is willing to take part in the compliance program. Personal relationship (personal relationship) between the object of regulation (regulated community) and government officials (regulator) as something that is very important and is a precondition for realizing conditions of obedience. This model views the industry as an incompetent or unknowledgeable regulatory object.

JURIDICAL ANALYSIS OF THE DECISION OF THE CONSTITUTIONAL COURT NUMBER 91/PUU-XVIII/2020 ON LAW NUMBER 11 YEAR 2020

The interest of the people is the formation of rules that are able to accommodate the eye of the law. Article 20 paragraph (1) of the 1945 Constitution states that "The House of Representatives holds the power to make laws. The formation of a regulation carried out by the parliament is a manifestation as a state of law, the state is obliged to carry out the development of national law which is carried out in a planned, integrated and sustainable manner in the national legal system that guarantees the protection of the rights and obligations of all Indonesian people based on the Constitution of the Republic of Indonesia in 1945. This research is a normative law (doctrinal research), namely. In normative legal research, research is carried out through library research. The results of this study indicate that the Implications of the Constitutional Court Decision Number 91 of 2020 have the consequence of a formation of legislation without reflecting the principle of legal certainty and the principle of openness must be declared procedurally flawed in order to protect the public from the interests of legal product makers. The follow-up to the Constitutional Court Decision Number 91 of 2020 that tolerance for a legally defective product must not be re-applied even though the constitutional judge provides conditions as long as it is repaired for 2 (two) years, especially the Job Creation law. Thus, legal products must have concrete legal force in order to obtain legal certainty.

Badamai Culture Communication: Character Development of National Law

Basically, cultural communication is ordinary communication; what distinguishes it is the people involved in the communication differ in terms of background. When someone tries to communicate with people of different cultures and adjusts to the differences, it proves that culture is learned. Cultural differences in cultural communication interactions are very easy to occur. Adjusting to and studying different cultures will create harmony in the process of cultural communication. As stated by Stewart, intercultural communication is communication. Basically, cultural communication is ordinary communication. What distinguishes it is that the people involved in the communication differ in terms of background. From the description above, it turns out that the Adat Badamai community of Banjar, South Kalimantan, has cultural values that are very important to be maintained and preserved. The Badamai tradition teaches us that in living a social life, if there is a dispute, it is as much as possible to resolve it in a family way by deliberation for consensus and asking for papadah (advice) from wise people. Apart from that, maintaining harmony through Adat Badamai can also be done with the culture of raising dangsanak to expand a sense of solidarity (kinship).

Analysis of Legal Unification toward the National Legislation Program in Indonesia

This study aims to identify and reconstruct various national legal issues. The results of the study were obtained by emphasizing that national law reform is a political process whose success depends on the balance of power between actors within it so that a dialectical process involving all components is carried out by improving legislation. The type of research used is library research which focuses on the library. Data sources are obtained by tracing the literature as well as regulations and norms related to the issues to be studied which originate from books on legal politics, the development of national law, and the science of legislation. The results of this study are (1) That the concept of legal unification in the National Legislation Program is that it must ensure the integration of the nation and state both territorially and ideologically as well as integrating nomocracy (2) because legal unification has succeeded in producing a legal building with modern characteristics with the characteristic of accelerating the integration process, namely development, unity & unity (3) That the conception of legal unification in the future amidst legal pluralism is through the mechanism of harmonization and synchronization of laws and regulations by taking into account several aspects namely legal substance, legal structure, legal culture, and supporting infrastructure.