Economic Law Research Articles

Transforming Economic Law in the Digital Age: Challenges and Opportunities

Transforming Economic Law in the Digital Age: Challenges and Opportunities

Environmental democracy: Examining the interplay between Escazu Agreement’s innovations and EU economic law

Environmental democracy: Examining the interplay between Escazu Agreement’s innovations and EU economic law

Causes of Groundwater Resource Decline in The City of Bandung Perspective of Islamic Economic Law

This study aims to examine the causes of the decline in groundwater resources in the perspective of the concept of Islamic economic law, through selected article sources. This research uses a normative doctrinal approach or normative juridical legal research that examines the internal aspects of law or positive regulations. Data collection techniques are carried out through literature studies in the form of secondary data in the form of published articles in journals as basic research material. The condition of the Groundwater Basin (CAT) in Bandung City is now entering a critical condition, one of the visible indications is the decline in groundwater levels by 60-80 percent each year. According to Islamic economic law, everything related to water resources management is believed to be a trust from Allah SWT that must be managed and utilized properly. Islam allows freedom for humans to utilize water resources that are public (general) on the condition that the management must be fair and balanced, not damaging and polluting the environment and natural resources.

Sharia Economic Law Analysis of Foreign Currency Buying and Selling In Forex Trading Transaction at PT. Didimax Berjangka

This research aims to determine the law of buying and selling currency in forex trading transactions at PT. Didimax Futures. Forex trading is a currency transaction from various countries involving major money markets and brokers and is carried out 24 hours a day. PT. Didimax Berjangka is the leading and first broker company in Indonesia. This research uses a qualitative approach with descriptive methods. The research results found that money cannot be used as a trading commodity, according to Al-Ghazali's opinion in the Book of Ihya Al-Ulumudin. However, based on the DSN-MUI fatwa Number 96/DSN-MUI/IV/2015 concerning Hedging Transactions, forex trading transactions are permitted because, in the fatwa, the laws of trading and forex are equated using mutual promises (muwa'addah). According to the author's analysis, forex trading transactions carried out by PT. Didimax is by the DSN-MUI fatwa because it uses a promise agreement (wa'ad) when carrying out transactions. In conclusion, it buys and sells currency in forex trading transactions at PT. Didimax Berjangka is permitted according to Sharia Economic Law.

Conjuring markets: valuation in comparative international economic law

Conjuring markets: valuation in comparative international economic law

Economic progress versus cultural preservation: insights from ‘cultural heritage in international economic law’

Economic progress versus cultural preservation: insights from ‘cultural heritage in international economic law’

Penya on the borderline of private and public regulation: the tax aspect of external economic activity

The application of sanctions is a certain summary of the perception that a person has committed an offense. But before the direct application of sanctions, it is necessary to form a vision regarding the type of responsibility. That is, the construction of financial responsibility can be used, but as a certain generic model that unites institutional or sub-sectoral varieties of responsibility. At the same time, characterizing the tax liability consistently in the assessment of its nature and consequences, distinguish not one of the stages of the tax liability (payment of taxes and fees), but the whole construction of the tax liability (accounting-payment-reporting). A systematic view of the construction of tax liability involves both an assessment of the behavior of obligated persons (payers of taxes and fees, etc.) and subjects of authority. The complexity of social relations, which express the peculiarities of foreign economic activity, determines the clear demarcation of these relations into certain sectors, the basis of whose regulation are precisely the branch characteristics of the subject and the method of the corresponding grouping of legal norms. It is necessary to distinguish between sanctions that are applied as a result of financial responsibility and sanctions that have a monetary nature but are regulated by other branches. Fines and interest are tools that are used in both private and public law. This involves, depending on the purpose, the subject of regulation and the application of not just public-law or private-law methods, but the tools of the relevant industry or sub-industry (economic law, customs law, money circulation, tax law). In this sense, we would like to distinguish between the occurrence of adverse consequences for payers and the application of sanctions to them. The use of a penalty refers to the regimes of adverse consequences. But, it is unlikely that there is a reason to equate penalties and sanctions (fines). The basis for applying a sanction (fine) is illegal behavior, commission of an offense. The basis for the application of a penalty is the untimely or incomplete fulfillment of the tax obligation. The determination of the penalty in the analysis of such issues must be connected with the relevant powers of the supervisory body. That is, forming the competence of the subject of power, the controlling body, the state delegates to it not only the right to implement certain measures, but also the imperative duty to implement such a right.

Unilateral Sanctions under International Law and Effectiveness of Blocking

INTRODUCTION. This article discusses modern international legal concept of unilateral sanctions. The authors contribute to the emerging discussion on the qualifying of unilateral sanctions under international law.MATERIALS AND METHODS. In this study we took into account the works of both Russian and foreign scholars in the field of international economic law, as well as analyzed documents and materials of international organizations (United Nations (UN), World Trade Organization (WTO) and others) in order to assess the compatibility of unilateral sanctions with international law. General scientific methods of cognition (analysis, synthesis, induction, and deduction), special legal methods (formal-legal, technical-legal, method of legal analogy) and comparative legal method were used in the presented research.RESEARCH RESULTS. Presented analysis has shown that widely used term “unilateral sanctions” leads to abusive and inappropriate use of international legal term. Analysis of compatibility of unilateral sanctions with other types of coercive measures such as countermeasures, UN Security Council sanctions, retortions, reprisals have shown that unilateral sanctions do not fall under the meaning of all mentioned measures. In addition, unilateral sanctions should not be justified under the WTO security exceptions. The use of extraterritorial unilateral sanctions contradicts one of the fundamental principles of international law – principle of non-interference in internal affairs. Existing blocking unilateral sanctions mechanisms are not efficient enough to compensate negative effect posed by unilateral sanctions.DISCUSSION AND CONCLUSIONS. Authors concluded that unilateral sanctions in most of the cases do not satisfy cumulative criteria of legitimate countermeasure. Unilateral sanctions are not equivalent to the United Nation Security Council sanctions, as there are no “checks and balances” in the decision-making process in the form of determining the degree of threat to peace and security and taking into account humanitarian exceptions. Although there is some correlation between unilateral sanctions and retortions or reprisals, retortions and reprisals posses criteria of legality and proportionality, while, unilateral sanctions are introduced at the state’s discretion without any standard. Furthermore, the authors argue that to avoid abusive use of the WTO security exceptions WTO panels have to rely on the well-balanced approach used by the Panel in Russia – Transit case. This approach shows that the context of security exception should be understood as encompassing only military and closely related to military issues and does not cover political, economic, cultural or any other interests and relations. Existing blocking mechanisms of unilateral sanctions require separate qualification under international law including compatibility with the legitimate countermeasures.

Tricks under Trade: How International Trade Both Facilitates and is Facilitated by Corporate Environmental Crime in the Waste and Hydrocarbon Sectors

Abstract Legal scholarship in the realm of international economic law has a blind spot: the practice of international trade. Cargo and container shipping is the blood and guts of international trade, and it is fuelled by bunker oil – a hydrocarbon mixture of the dirtiest petroleum-based products. Worryingly, there is empirical evidence of bunkers being intentionally contaminated with waste oils. This fraudulent contamination violates numerous international, national, and EU rules on waste management and poses immense risks to the health of planet and people alike. These same acts of fraud are also extremely profitable, and they facilitate the smooth functioning of our global economy. The fraud is itself not just incentivised in the tight-margins reality of international trade, but it is facilitated by the lack of proper legislation and the vulnerability of the existing means of enforcement in the areas where there is legislation to comply with. Economic operators often use falsified documents to market fuel oil that should be considered as waste. Systematic wrongdoing of this kind is detrimental to the environment and risks eroding the rule of law in both its formal and substantive conceptualisations.

Analisis Praktik Pembulatan Timbangan pada Jasa Franchise Simply Fresh Laundry dalam Perspektif Hukum Islam

This research was conducted to determine the practice of rounding scales for laundry services in the Simply Fresh Laundry Franchise and a review of sharia economic law regarding rounding of scales for laundry services in the Simply Fresh Laundry Franchise. The method used in this research is empirical Islamic legal research or field Islamic legal research, which involves collecting data directly on the research object. The observation results show that the practice of rounding the scales has been implemented in the Simply Fresh laundry service. Despite initial reservations from some customers, most supported it because it made transactions easier. The rounding of the scales at Simply Fresh Laundry is considered in accordance with 'Urf Sahih and 'Urf Amali because it follows community customs, does not violate religious teachings, and is consistently accepted. The legal view is in line with the rules of al adah muhakkamah fiqh, with the laundry informing customers of this practice, the majority of whom understand, so it is considered to be in accordance with the teachings of the Qur'an and Sunnah.

Ecocide in the dimension of the constitutional and economic law of Ukraine

The article reveals the concept of ecocide, its negative impact on constitutional and economic legal relations and the consequences of such an act, especially during the period of martial law. In fact, since the beginning of the war, we have been observing the purposeful destruction of the ecosystem, flora, fauna, industrial, energy and infrastructure facilities, natural resources and the environment of the country. These offenses directly encroach on the normal state of social and legal relations in the sphere of economy, on the right to a safe environment and on the preservation of the gene pool of the Ukrainian people. The author draws attention to the fact that in Ukrainian legislation the concept of ecocide is defined in the Criminal Code of Ukraine and the appropriate measure of punishment is provided, namely from eight to fifteen years of imprisonment. It is emphasized that this criminal offense encroaches on a wider range of social and legal relations, namely property, economic entities and objects, the social position of the population, the life and health of a person, his safety and integrity. This is a violation of the norms of the constitutional and economic law of Ukraine. The study concluded that the mass destruction of flora and fauna, forests, poisoning of water bodies, interference with the ecosystem of Ukraine has extremely socially dangerous consequences not only for Ukraine itself, but also for Europe (for example, many objects of the Emerald Network are under threat of destruction and they are protected at the pan-European level) and for the world in general (for example, the impact on the atmosphere, hydrosphere and biosphere of the Earth as a result of the use of weapons). Unfortunately, air pollution has no boundaries. The article emphasizes that it is military ecocide as a criminal offense against the environment that requires clearer and more detailed legal regulation in the national legal system as well as in the international legal field, and generally recognition of such an offense that encroaches on humanity as a whole. After all, ecocide can be equated to such criminal offenses as crimes against humanity and genocide.

Informed consent in the economic law field of additive manufacturing

Informed consent in the economic law field of additive manufacturing

Constitutional and legal mechanisms of regulation of economic social relations in the Second Polish Republic

The constitutional and legal mechanisms of regulation of economic social relations in the Polish state in the 20-30s of the twentieth century are investigated. It is determined that the fundamental constitutional and legal institutions of the economic system are property, labor, and the financial system. Constitutional regulation of the sphere of economic organization of social life of different states is not the same in form and volume. Based on the analyzed broad legislative framework, it is stated that in the first half of the 20s of the twentieth century. political, economic and legislative formation of the Polish state took place. Reforming the financial system, agriculture, trade contributed to the formation of the Polish economic system. It is noted that the intervention of state bodies in economic affairs was minimal, which contributed to the development of various industries of the country and the economy as a whole. In the period from the May 1926 coup to the beginning of the world economic crisis, Polish legislation began to change from free democratic to authoritarian. The situation was characterized by contradictory trends: on the one hand, democratic institutions and the Constitution of 1921 remained, on the other hand, the executive branch demonstrated the desire to govern the state, despite the parliament and political parties. The new legislation introduced by the Pilsudchiks in the first half of the 30s, on the one hand, was aimed at overcoming the crisis in the economy, and on the other hand, it was marked by increased interference of power in all spheres of society. It is stated that in the interwar period, the Second Polish Republic quickly created and developed its own economy. This was achieved thanks to the well- established system of economic social relations of the Polish state - the system of relations of property, production, exchange, distribution and consumption of material and spiritual goods. The leading role in this was played by the liberal, democratic constitutional and legal field, which became an effective mechanism for regulating the economic activity of the state. shows effective ways, forms and methods. It is recommended to use the experience of developing the legislation of the Polish state to improve modern Ukrainian economic law.

NATENG KEBUN KOPI DALAM HUKUM EKONOMI SYARIAH

This thesis is entitled "A Juridical Review of Nateng Coffee Plantations in Sharia Economic Law in Muara Semah Village, Muara Pinang District, Empat Lawang Regency", with the background of the problem of the customary custom of the people of Muara Semah Village is that they often pawn their gardens for urgent needs but in Most of the pawns carried out by the local community do not have a time period for repayment so that the pawn recipient can take advantage of the garden produce pawned by the community. In this study, there are two things that are the focus of the author's study. First, how is the Nateng (pawn) mechanism for coffee plantations in Muara Semah Village. Second, how about the juridical review and settlement of sharia economic law regarding the Nateng mechanism for coffee plantations in Muara Semah Village. The research method is field research and this research method uses qualitative data based on primary data and secondary data. The primary data in this study are the results of interviews, observations, and direct documentation of objects related to research. As for the secondary data used in this study in the form of primary books which are considered representative of the research results as a complement to the primary data. From the results of the research conducted, it can be concluded that the system used in Nateng coffee plantations in Muara Semah Village is a system obtained from their ancestors, where Nateng does not have a maturity date provided that every year the yield from the coffee plantation harvest is divided into two and the coffee plantation can be returned when the pawnbroker has paid off all of his debts. The implementation of Nateng in Muara Semah Village is not in accordance with Islamic religious teachings because Murtahin is exploiting it which is detrimental to Rahin because Murtahin asks for half of the harvest from the coffee plantation without financial or manpower assistance from Murtahin and the money lent is not in accordance with the size the garden. The results of this study are expected to be useful for adding insight related to the science of sharia economic law, and are also expected to be able to contribute an understanding regarding problems that often occur, especially in the people of Muara Semah Village so that they can understand scientific matters related to pawning in Islamic Economic Law. Keywords: Nateng (Pawn), Coffee Plantation, Sharia Economic Law

SISTEM CASH DAN MEMBER GET MEMBER PADA PENGGUNA APLIKASI SNACK VIDEO SEBAGAI SUMBER INCOME PENDAPATAN

Snack Video is a short video social platform for all users to record and share their life, with the core mission of “Capture the World, Share Your Story”. The Member Get Member System in the Snack Video application is another way to make money through the snack video application by inviting and registering friends, then users who invite friends via the invitation code will receive money worth IDR 52,600 (can be adjusted according to promos). From snack video) in cash. This study uses a type of field research (field research). Data collected in this study through interviews, and directly to the object of research, and literature study using documentation from several literature books related to research. Primary data from this thesis were obtained through data obtained directly from the field through the results of interviews with informants related to the research. Secondary data was obtained by means of literature studies such as documentation from primary books which were considered representative of the research, and were also supported by secondary and thesis books as a complement to the existing primary books. And the data analysis used is a qualitative descriptive method using inductive thinking methods, namely studying a specific phenomenon that exists in the field to obtain its rules. Based on this research, it can be concluded that (1) Snack Video is a short video social platform where all users can record and share their lives, with missions completed and users get lots of coins collected from these missions. One of them is the Member Get Member System in the Snack Video application which is another way to make money through the snack video application by inviting and registering friends, then users who invite friends via the invitation code will receive money worth IDR 52,600 (can be adjusted according to promo from snack video) in cash. (2) The cash and Member Get Member system for snack video application users as income / income in the perspective of Sharia Economic Law uses the Ju’ālah contract because the video snack application pays users after the user has carried out the mission in the application by giving a predetermined number of points from each mission in the video snack application which in general have fulfilled the conditions and pillars and have been based on principles and principles in Sharia Economic Law, in accordance with Islamic law. Keywords: Snack Video, Cash System and Member Get Member, Akad, Ju’ālah

Tinjauan Kehalalan Produk Susu Etawa: Studi Kasus HALT Corpora

This research aims to evaluate the compliance of the production and distribution processes at CV. Halt Corpora with the regulations stipulated in Law Number 33 of 2014 concerning Halal Product Assurance. The research method employed is field research, focusing on the owner and Production Chairperson of CV. Halt Corpora as the research subjects. Data were collected through interviews, observations, and documentation, and subsequently analyzed descriptively. The results indicate that the production and distribution processes at CV. Halt Corpora adhere to the principles of Islamic Economic Law and Law Number 33 of 2014 concerning Halal Product Assurance. However, attention should be given to aspects such as justice, honesty, and transparency in transactions, as well as maintaining public trust. The presence of the MUI Halal Certificate signifies compliance with halal principles, but special attention is needed regarding the extension and renewal of the certificate to preserve and enhance consumer confidence in the produced products.

KEKUATAN PEMBUKTIAN AKTA DIBAWAH TANGAN JUAL BELI TANAH DAN BANGUNAN YANG BERSERTIFIKAT HAK MILIK

This thesis is the result of research on the strength of proof of private deed of sale and purchase of land and buildings with certificates of ownership from the perspective of sharia economic law from a study of court decisions Number: 699/PDT.G/2020/PN.JKT.BRT. Evidence that there has been a sale and purchase of land rights, then it should be that the correct sale and purchase of land rights must be carried out before the Land Deed Making Officer (PPAT). In reality, in people's lives, there are still many buying and selling of land that are carried out without PPAT interference, namely buying and selling with private agreements which are sometimes only evidenced by a receipt and only having proof of ownership of the land which is still in the name of the old owner (seller). With the formulation of the problem 1) What is the strength of the proof of the deed under the hands of the sale and purchase of land and buildings with certificates of ownership based on Court Decision Number: 699/PDT.G/2020/PN.JKT.BRT? 2) What is the review of Sharia Economic Law on the strength of proof of underhanded deeds of buying and selling land and buildings that are certified as property rights based on Court Decision Number: 699/PDT.G/2020/PN.JKT.BRT? The purpose of this research is that the parties who carry out land and building buying and selling transactions are based on statutory regulations and Islamic sharia provisions. The type of research used is library research with a normative legal research approach. The main data source used in this study is secondary data with the method of collecting data from literature and document studies. The data analysis method was carried out using qualitative methods with descriptive analysis. The results of this study indicate that 1) The strength of the proof of the underhanded deed of sale and purchase of land and buildings with certificates of ownership in the decision No. 699/PDT.G/2020/PN.JKT.BRT is valid and has permanent legal force. the legality of the underhanded deed because it has fulfilled the legal requirements of an agreement contained in article 1320 of the Civil Code where the agreement for the sale and purchase of land and buildings does not absolutely have to be with a deed drawn up by the PPAT, has permanent legal force because it has the same evidentiary power as authentic deed. The transfer of land rights with certificates of ownership was resolved by granting the Plaintiff the right to act as the attorney for the Defendant before the appointed Land Deed Making Officer. 2) Review of sharia economic law on the strength of proof of underhand deed in the sale and purchase agreement of land and buildings that are certified with ownership rights in decision Number 699/PDT.G/2020/PN.JKT.BRT is that the contract is valid and has permanent legal force. The validity of the contract in buying and selling is because it has fulfilled the conditions and pillars that have been determined by Islamic law. Permanent legal force because the sale and purchase was carried out in cash which was poured into a sale and purchase agreement then made and signed by the Plaintiff and Defendant. this is in accordance with one of the principles of proof in Islamic law, namely the principle of al-kitabah (written).

Analysis of Buying, Selling, and Leasing Virtual Land in the Metaverse: A Perspective from Sharia Economic Law

This research aims to analyze the position of virtual land buying, selling, and leasing practices using cryptocurrency in the metaverse from the perspective of Islamic economic law. This study uses a descriptive analysis method with a normative juridical approach and data analysis techniques through three stages of analysis: focusing the data, presenting the data, and drawing conclusions. The research found that the practice of buying, selling, and leasing virtual land in the metaverse is permissible because it meets the conditions and pillars of a valid contract. The transactions carried out involve intangible assets, namely virtual land and cryptocurrency. In these transactions, there is an expansion of the object of the ijarah (lease) contract, which typically involves the benefit of tangible objects or assets but can also include the benefit of intangible objects or assets, provided that the intangible asset requires another object (a tangible object) or a process that enables the asset to have utility, thus fulfilling the purpose of the contract in accordance with the principles of muamalah maliyyah (financial transactions). The development of the object of the ijarah contract is a scientific contribution to the development of Islamic economic law theory. Therefore, further research is needed on the status of intangible assets as objects of contracts to explore their benefits and legal status in accordance with Sharia principles.

E-learning and AI search decision based on deep learning algorithms application in economic and legal optimization

Economic law is closely related to people's daily social life, which can protect and supervise people's daily and economic behavior, and has fairness and justice. In recent years, deep learning algorithms have significantly developed in the field of economic law. By utilizing this algorithm, not only can we effectively solve relevant problems in economic law, but we can also further optimize economic law efficiently. Based on this, we introduced the algorithm into search decision-making in artificial intelligence and successfully constructed an optimization model for economic law. Firstly, this article analyzes the semi supervised clustering algorithms in deep learning and proposes a learning model for comparing the algorithms. After optimization, a heuristic search algorithm with good performance was obtained. We will design the artificial intelligence search decision technology based on deep learning algorithms into the economic and legal model to obtain the final optimization model. A comparative experiment was conducted on the dataset, and the results showed that the optimization model constructed in this article provides certain assistance for the improvement of China's economic and legal system.

Navigating the Complexities of International Economic Law: Implications for Global Trade and Investment

This paper explores the multifaceted landscape of international economic law and its profound implications for global trade and investment. Through a detailed examination of key legal instruments and treaties, including the World Trade Organization (WTO) agreements, Bilateral Investment Treaties (BITs), and Regional Trade Agreements (RTAs), the study elucidates how these frameworks shape the regulatory environment for international commerce. Central principles of non-discrimination, most-favored-nation (MFN) treatment, and national treatment are dissected to understand their practical application and impact on trade and investment flows. The role of international organizations in creating, enforcing, and shaping the norms and standards of global economic interaction is critically assessed. Furthermore, the paper delves into the legal challenges and strategic considerations businesses face in navigating international trade, investment protection, intellectual property rights, and the burgeoning digital economy. By examining case studies and practical implementations, the study highlights the dynamic interaction between legal frameworks and business strategy in the context of digital trade, data protection, and the use of digital currencies and blockchain in trade finance. This comprehensive analysis aims to provide insights into the evolving landscape of international economic law and offer strategic guidance for businesses and policymakers navigating these complexities.