Efficiency Of Law Research Articles

Justice for Children: Exploring Juvenile Criminal Law in Indonesia

AJuvenile justice is a significant aspect of any criminal justice system, especially in countries where children's rights are enshrined in law. In Indonesia, the juvenile criminal justice system has evolved considerably, with a focus on rehabilitation and protection of the child’s welfare. This article delves into Indonesia's juvenile criminal laws, specifically Law No. 11 of 2012 on the Juvenile Criminal Justice System, which introduced a more restorative approach to dealing with child offenders. The paper explores how Indonesia balances punishment with rehabilitation, analyzing the effectiveness of this system compared to global standards. By examining case studies, legal frameworks, and rehabilitation programs, the study evaluates how well these laws serve the interests of both society and juvenile offenders. The article also discusses challenges such as inconsistencies in implementation, socio-economic disparities, and public perceptions of juvenile justice. Finally, recommendations are provided to enhance the efficiency and fairness of juvenile criminal law in Indonesia.

Speed Effects on the Performance of a Gasoline Engine Using a Mixture of Gasoline-Ethanol Fuels

In recent years, to quantify the quality, energy called "exergy" has been widely used in designs, simulations, and evaluation of the performance of various thermal-chemical systems. The main goal of this project is to evaluate the quality of gasoline engines and the efficiency of a gasoline engine using a mixture of gasoline and ethanol. Furthermore, the effects of 2500 rpm and 4500 rpm on analyzing the second law of thermodynamics were investigated with different fuels. The methods examined in this research include efficiency through heat transfer, irreversibility, total efficiency, and efficiency of burned fuel. The results showed that the performance parameters for gasoline and different ethanol compounds increase until the combustion stage then decrease with the beginning of the expansion phase. For fuel E85, 32.323% of the input energy is converted into indicative exergy and this value for E0, E20, E40, and E60 fuels was 26.27%, 28.5%, 30.3%, and 31.8% respectively. By increasing the amount of ethanol, the efficiency of the second law of thermodynamics increases. The second law efficiency at 4500 rpm for E0, E20, E40, E60, and E85 fuels was, 32%, 35.7% 39.8%, 42.8%, and 50% respectively. Furthermore, by reducing the speed to 2500 rpm, the efficiency for E0, E20, E40, E60, and E85 fuels reduced to 26.7%, 30.4%, 31%, 34%, and 36%, respectively.

Comparative Analysis of Bribery as, Criminal Wrongdoing

There is a consensus that bribery, which is explicitly outlawed in the Magna Carta, should be considered a criminal act. Elucidate the criminalisation of bribery may be unexpectedly for those who see harmful actions as the primary criterion for determining what should be made a criminal offence. The predicament faced by these intellectuals is as follows. Bribing sometimes encompasses innocuous misconduct, but the rationale for criminalising it does not stem from any undue damage inherent in bribing itself. The rationale is on the potential damage that may occur if bribery is not penalised, considering the limited efficiency of civil law in reducing its prevalence. According to some theorists, the basis for criminalising activity based on the concept of "remote harm" is considered a secondary and possibly problematic kind of criminalisation. This paper presents a challenge for these theories in elucidating not only the reasons behind bribery but also the reasons behind other significant offences, such as rape, which are often seen as fundamental instances of criminal misconduct. Indeed, criminal law has the lawful authority to include a broad array of harm-related justifications for including action within its boundaries and central principles. One cause for the activity involving inflicting unnecessary injury is the reality itself.

The efficiency of Complementary Law No. 101 of 05/04/2000 (Fiscal Responsibility Law) in municipal public bodies

The Fiscal Responsibility Law (LRF) is essential to guarantee the financial health and sustainability of public accounts, contributing to the country's economic and social progress. The efficiency of the LRF can be assessed by considering various positive aspects that contribute to improving transparency, balance and efficiency in financial administration. In this context, the general objective of this work is to provide a comprehensive overview of the efficiency of the LRF in the control and transparency of financial accounts, as well as to understand how this legislation influences the functioning of municipal public bodies. In order to achieve the objective, a bibliographical survey was used, focusing on in-depth understanding of human phenomena, processes and experiences through existing writings. As a result of the research, it can be said that in municipal public bodies, the application of the LRF has a direct impact on budgetary, financial and asset management. It establishes limits for personnel expenses, determines transparency in the disclosure of fiscal information, and requires planning and control of public accounts.

Distributed Dynamic Event-Triggered Consensus Protocol for General Linear Multiagent Systems Without Accurate System Information.

This study focuses on distributed event-triggered consensus control under the scenario where only inaccurate agent model information is available. By designing a novel triggering error, a distributed dynamic event-triggered consensus (DETC) protocol is proposed for multiagent systems (MASs) with general linear dynamics over digraphs, without accurate a priori information of agent models. To improve the efficiency of the dynamic triggering law, a mixed triggering threshold is designed with a resilient function integrated to further enlarge interevent intervals. Within the proposed DETC protocol, the computational cost is significantly reduced especially for MASs with nonsparse and high-dimensional agent system matrices. In addition, for each individual agent, the states of neighboring agents used for triggering detections or controller updates are required in an on-demand (instead of continuous) way, which preserves communication resources and facilitates practical implementation. The feasibility of the designed DETC protocol is corroborated by rigorous theoretical analysis on consensus convergence and Zeno behavior exclusion. Finally, simulations are shown to demonstrate the effectiveness of the studied theory.

THE ROLE OF EAEU LAW IN THE DECARBONIZATION OF ENERGY SYSTEMS OF THE MEMBER STATES AND SUSTAINABLE DEVELOPMENT OF THE GREEN ECONOMY

The article analyzes current problems of improving the rules of law of the EAEU aimed at decarbonizing the energy systems of the member states. The research was carried out using general and special methods of scientific knowledge, including formal-logical, the method of comparative law, etc. It contains proposals for improving the norms of law of the EAEU and the legislation of the Republic of Belarus, in particular, the introduction to the Law of the Republic of Belarus “On Environmental Protection” of 1992 special article 57.1 “Carbon units and carbon market”. The author notes the positive experience of the Republic of Kazakhstan in the field of decarbonization of the economy and concludes that it is advisable to use it in the Republic of Belarus and throughout the EAEU. The expediency of increasing the efficiency of the EAEU integration law is emphasized, including by consolidating the international obligations of the member states in the form of quantitative targets for the introduction of renewable energy sources and for ensuring access to common electrical networks. It is also proposed to establish obligations for Member States to adopt and implement energy efficiency plans, setting targets and reporting on their implementation. According to the author, in order to ensure the implementation of these measures, it is necessary to consolidate decarbonization, the development of renewable energy and increasing energy efficiency as the goals of the EAEU in the Treaty on the EAEU or in a special Appendix to it. The results of the study can be applied in the legislative and law enforcement practice of the EAEU, the Republic of Belarus and other member states of the EAEU.

To the Question of the Peculiarities of Modern Domestic Integrative Approaches to Law in the Conditions of Building a Legal State

Introduction. Currently, in the theory and philosophy of law, discussions continue about such an approach to law that would meet the challenges of our time. The special interest of the scientific community and practitioners is riveted to the integrative legal understanding and its methodological possibilities in the conditions of building the rule of law. Theoretical Basis. Methods. The purpose of this work is to analyze the most popular original domestic concepts of legal understanding and evaluate their scientific potential in solving the most pressing theoretical and practical problems of modern Russian society and the state. To achieve this goal, a conditional periodization of the formation of an integrative approach to law is carried out and factors-catalysts of its dynamics are identified; the features of modern domestic concepts of integrative legal understanding (phenomenological-communicative, dialogic, the concept of scientifically based integrative legal understanding) are revealed from the point of view of the possibility of building a universal concept of law and increasing the efficiency of the legal system. There were methods of analysis and synthesis of legal ideas and teachings of the past and present, comparative analysis of modern concepts of integrative legal understanding, the method of induction and deduction, and the method of system analysis used. Results. Each of the three conditional periods of the formation of integrative legal understanding was due to objective integration processes in science, as well as socio-cultural conditions of development, recognizable in a change in the scientific style of thinking (movement from classical to post-classical type of rationality). The discursiveness of the processes taking place in modern legal science, expressed in the search for various concepts of legal understanding, speaks of the viability of legal science and the living process of becoming appropriate type of legal understanding to the current realities. The most popular in domestic jurisprudence – phenomenological-communicative and dialogic approaches open any of the aspects of law as a phenomenon of spiritual life and in their own way correspond to the principles of post-classical science, but remain philosophical and legal doctrines, abstracted from specific legal realities. The concept of scientifically based integrative legal understanding, being essentially a theory of the middle level, has the potential not only to solve one of the key issues of legal science, but is able to streamline the legal thinking of modern lawyers and become a vector in increasing the level of efficiency of law as a system. Discussion and Conclusion. The process of legal understanding is directly conditioned by a complex of factors, among which are the leading type of scientific rationality, the political and legal situation in the state, the possibilities and accumulated experience of legal science in general. Appearing more than a century ago in a single quantity, going against the majority of established approaches, an integrative approach to law is gradually becoming a feature of modern theory and philosophy of law. Some of the concepts, explaining the essence of law as a sociocultural phenomenon, remain in the field of philosophy of law. For other concepts, an important task is to use the potential of all socio-humanitarian studies to solve the main problems of legal science and practice. The concept of scientifically based integrative legal understanding in line with the metamodernist paradigm seeks not only to construct a definition of law from the point of view of its consistency, internal unity and consistency, but clearly articulates legal and non-legal phenomena and regulators, which contributes to streamlining legal thinking and correlates with the practical tasks of the modern Russian state.

Оценочные понятия как часть понятийного аппарата права социального обеспечения и их влияние на эффективность норм законодательства о социальном обеспечении

The article analyzes certain evaluative concepts as the most flexible and dynamically developing part of the conceptual framework of social security law to conclude that there is a need to raise the efficiency of contemporary social security law through a detailed study of functions, essence and industryspecific aspects of such concepts and inter-industry links between them.

What Is The Process Of Resolving Disputes In International Business Law?

The complex global business landscape often creates conflict between entities, highlighting the need for efficient dispute-resolution mechanisms. Increased competition between countries can result in disputes that require immediate attention and require careful consideration of the structure of international and national communities. The importance of dispute resolution mechanisms is visible in the complexity of international business activities. This research aims to deepen a more essential understanding of alternative dispute resolution mechanisms in international business law. This objective is achieved by stating two research questions: the scope of resolving trade disputes and the alternative resolutions for international trade disputes. This is comparative qualitative research carried out in the literature concerning a normative juridical approach. Data was collected by searching relevant literature and legal materials for normative qualitative analysis. This research found that two types of disputes are commonly encountered in the legal process: disputes that are legal or can be resolved and conflicts that are political or cannot be resolved. Alternative Dispute Resolution (ADR) stands out for its effectiveness and efficiency in dispute resolution law. ADR aligns with the evolving dynamics of global trade, providing a valuable tool for managing disputes between business entities. Alternative. At least three alternative dispute resolution options can be chosen: (i) Resolving international trade disputes through mediation; (ii) Resolving international trade disputes through the World Trade Organization (WTO); Resolving disputes in international business through arbitration. This research suggests that it would be best to consider alternatives for resolving trade disputes according to the case's complexity level.

Enhancing energy and exergy performance of a cascaded refrigeration cycle: Optimization and comparative analysis

This study delves into the realm of energy and exergy analysis, aiming to optimize the performance of a refrigeration cycle by utilizing cycle Coefficients of Performance (COPs). The conventional heat pump cycle is replaced by a cascaded cycle, and this novel configuration is scrutinized through the lenses of the first and second laws of thermodynamics. The analysis is conducted within the EES software environment, encompassing the components of the cycle governed by these laws. The refrigerant employed is R407C. Through comprehensive energy and exergy analyses, significant insights emerge. Assuming a consistent refrigeration capacity, the study unveils the potential for a remarkable 21% increase in the coefficient of performance and a substantial 32% enhancement in the efficiency of the second law of thermodynamics within the cycle. Subsequently, a deeper exploration ensues, involving the selection of cascaded cycle refrigerants—R290, R134a, and R500. The impact of pivotal parameters such as inlet pressure, outlet temperature difference of the intermediate heat exchanger, evaporator inlet temperature, and condenser outlet on cycle performance and efficiency is meticulously compared for each refrigerant. Of particular interest is refrigerant R500, which, under specific conditions, drives the cycle and system COPs up by 7% and 2%, respectively, relative to R407C. Furthermore, the study reaches the pinnacle of exergy efficiency. A staggering increase of up to 8% in cascaded cycle exergy efficiency and 3% in the overall R500 refrigerant system exergy efficiency is achieved under consistent temperatures. This multifaceted research demonstrates the potential for significant enhancements in the performance and efficiency of refrigeration cycles through judicious optimization and strategic selection of refrigerants.

МЕТОДОЛОГІЧНІ ПІДХОДИ ДО ВИЗНАЧЕННЯ ЕКОНОМІЧНОЇ ЕФЕКТИВНОСТІ ПРАВА НЕПЛАТОСПРОМОЖНОСТІ

Insolvency law is an essential part of the legal system in any country. It serves a dual function – restoring the solvency of debtors and removing inefficient economic entities from the market. The effectiveness of insolvency law has a direct impact on a country's investment attractiveness and economic growth. This is why international economic organizations conduct assessments of national insolvency mechanisms using various approaches to define and evaluate effectiveness criteria. Despite the existence of an insolvency indicator developed by the Organization for Economic Cooperation and Development (OECD), the international Doing Business ranking by the World Bank became a catalyst for bankruptcy legislation reform in Ukraine in 2021. It is worth noting that each approach to evaluating the effectiveness of this area of law has its advantages and disadvantages in terms of accuracy and objectivity. The final assessments may be distorted due to biases of the compilers, which led to the cancellation of the Doing Business ranking in 2021. For Ukraine, the assessment of the effectiveness of insolvency legislation is crucial, given the importance of this institution in ensuring economic efficiency during both wartime and peacetime. It helps identify directions for improving legal regulation, including aligning Ukrainian legislation with European Union standards. This highlights the need to develop specific criteria for evaluating the practicality of legislative changes to enhance the efficiency when applied to all participants in the insolvency or bankruptcy proceedings. It should stimulate economic growth and harmonize Ukrainian legislation with European Union standards. This research analyzes various aspects of the effectiveness of insolvency legal mechanisms in Ukraine using the methodology of economic analysis of law, which has received insufficient attention in empirical studies and legislative work in Ukraine until now. The research findings will be a significant contribution to promoting effective regulation of debtor solvency restoration and preventing bankruptcy. They will also stimulate economic growth and harmonize Ukrainian legislation with European Union standards. Through the lens of interdisciplinary approaches to evaluating the effectiveness of insolvency law in Ukraine, the study proposes seven indicators for determining the economic efficiency of Ukrainian insolvency law: 1) Funds Recovery Ratio; 2) Case Processing Time; 3) Solvency Restoration Index; 4) Bankruptcy (Insolvency) Case Quantity Dynamics Index; 5) Business Climate Index; 6) Insolvency Policy Index for SMEs; 7) Legal Application Predictability Index. The proposed methodological approach allows for the assessment of the result of the formation and implementation of the state insolvency policy.

Energy and exergy analysis of primary steam superheating effects on the steam ejector applied in the solar renewable refrigeration cycle in the presence of spontaneous nucleation

Abstract The generator energy consumption in the renewable refrigeration cycles is supplied by solar energy, geothermal energy and waste heat. The thermal energy of low grade can be utilized to superheat the vapour in a generator of the refrigeration cycle. The effect of primary flow superheating was examined on the renewable refrigeration cycle performance using the wet steam model in the ejector. The vapour’s degree of superheating was selected in the 0–100 K range. The superheating level effects were investigated on parameters (wet steam, entrainment ratio, energy consumption, COP, second law efficiency and exergy destruction). The aim of this study is a comprehensive evaluation of the effect of superheat on the ejector refrigeration cycle and the flow behavior in the steam ejector simultaneously. The results represented that superheating the inlet steam in the primary nozzle weakens the spontaneous condensation intensity and delays the condensation shock, the combining process between the secondary flow and the primary flow is improved, and the entrainment ratio is increased, the generator energy consumption and the efficiency of the second law are decreased, the exergy destruction in the ejector is reduced, and the total exergy destruction of the refrigeration cycle is increased. Considering the second law efficiency, COP, the entrainment ratio and the energy consumption, a temperature of 40° of the superheat was achieved as the best degree of the superheat in this cycle that in comparison to the state without superheating, the entrainment ratio and COP are increased by 4.4 % and 1 %, the second law efficiency and the generator energy consumption are reduced by 19.5 % and 1.6 %, respectively.

STATE LAW, INTEGRAL ECONOMIC JUSTICE, AND BETTER REGULATORY PRACTICES: PROMOTING ECONOMIC EFFICIENCY IN INDONESIA

<p>Indonesia as a state based on the rule of law like any other developing countries, its society is based on patterns and economic classes, overall obedience to the law is not easy. In heterogeneous society formed of groups based on religion, race, language, and wealth, it is one of the most difficult unifying factors in terms of compliance with the law. Law deals with complex social, and conflicting societies apply law as a powerful instrument of regulation and control. Although law acts as an independent agent to facilitate their complexity, with economic approach, efficiency is an ideal model that guides legal practice. It is because most people as <em>homo economicus</em> (except children and the profoundly retarded) in all of their activities has one thing in common, that is the need for efficiency, perhaps efficiency is the nearest we are likely to approach to a universal secular “religion”. Efficiency in law simplifies how law works in different society, especially in heterogeneous communities. This approach does not reduce law to economics (or vice versa, for that matter), it claims simply that law and economics have a lot to learn from one another. The primacy of efficiency helps to harmonize the practice of law with social practices. When such law exists, it does function as a social tool aiming at the promotion of economic efficiency that goes well with other social practices.</p>

Virtual assets and the prevention of money laundering: a critical and comparative analysis of the laws of Mauritius, Japan and South Africa

PurposeDue to their particular nature, virtual assets (VA) are vulnerable to financial crimes such as money laundering and if the appropriate legal mechanisms are not established, this may result in the financial collapse of various economies. To this effect, best practices and standards have been published by some international organisations such as the Financial Action Task Force and IMF which are now domesticated in the national laws of several countries. Therefore, the purpose of this study is to analyse the anti-money laundering (AML) legislative framework in the context of VA in three countries, namely, Mauritius, Japan and South Africa.Design/methodology/approachTo achieve the research objective, the Mauritian AML laws in the context of VA were compared with the corresponding laws of some other countries, namely, Japan and South Africa. As such, a qualitative research method was adopted. In particular, the black letter approach was used to examine the relevant laws of these countries. A comparative analysis was conducted concerning the relevance of AML laws for each country when dealing with VA with the view of suggesting recommendations for Mauritian stakeholders to adopt to enhance the existing AML legal and regulatory framework.FindingsThe comparative study conducted has revealed that there are both similarities and divergences among the AML framework of the three countries further to which this research recommends that the Mauritian laws must be amended concerning the duration of information storage on VA, the definition of VA, advertisement by VA service providers and the electronic submission of annual reports. The Mauritian regulatory bodies also need to play a more active role in their joint collaboration to monitor suspicious VA transactions to combat money laundering.Originality/valueAt present, this study will be among the first academic writings on the efficiency of AML laws in the context of VA in Mauritius and also, because existing literature is quite scarce on assessing the adequacy of AML legislation in developing countries, this research aims at filling in the gap in literature. This study is carried out with the aim of combining a large amount of empirical, theoretical and factual information that can be of use to various stakeholders and not only to academics.

Competitive advantage in the international market of laws: the case of copyright law

ABSTRACT This article identifies efficiency, certainty, and agility as essential facilitators of a copyright system’s ability to attract foreign direct investment (FDI) to the cultural and creative industries in today’s knowledge economy. The article further provides a set of principles and rules that enable these characteristics in copyright law. Whereas some of these copyright principles and rules are inherently compatible and, hence, can concurrently serve the efficiency, certainty, and agility of copyright law, the co-existence of some of them requires legislative and judicial balancing, as neither of them should defeat the purpose of the other. Furthermore, given the role that legal efficiency, certainty, and agility play in the sustainability of copyright law, legislatures should weigh these characteristics in the copyright law balance when enacting or amending copyright statutes. Courts also should consider these qualities when reconciling competing copyright law interests via statutory interpretation. Both types of balancing are necessary to ensure that the economic competitive advantage of copyright law does not prejudice its fairness foundations. From a business strategy perspective, firms in the cultural and creative industry may want to consider the efficiency, certainty, and agility of a copyright system when choosing their investment destinations.

Physical-assisted multi-agent graph reinforcement learning enabled fast voltage regulation for PV-rich active distribution network

Active distribution network is encountering serious voltage violations associated with the proliferation of distributed photovoltaic. Cutting-edge research has confirmed that voltage regulation techniques based on deep reinforcement learning manifest superior performance in addressing this issue. However, such techniques are typically applied to the specifically fixed network topologies and have insufficient learning efficiency. To address these challenges, a novel edge intelligence, featured by a multi-agent deep reinforcement learning algorithm with graph attention network and physical-assisted mechanism, is proposed. This novel method is unique in that it includes the graph attention network into reinforcement learning to capture spatial correlations and topological linkages among nodes, allowing agents to be “aware” of topology variations caused by reconfiguration real time. Furthermore, employing a relatively exact physical model to generate reference experiences and storing them in a replay buffer enables agents to identify effective actions faster during training and thus, greatly enhances the efficiency of learning voltage regulation laws. All agents are trained centralized to learn a coordinated voltage regulation strategy, which is then executed decentralized based solely on local observation for fast response. The proposed methodology is evaluated on the IEEE 33-node and 136-node systems, and it outperforms the previously implemented approaches in convergence and control performance.

Tax evasion and money laundering through crowdfunding: a comparative study of the laws of Mauritius, UK and US

Purpose The phenomenal proliferation of crowdfunding platforms raises concerns on the heightened occurrence of financial crimes since billions of funds are exchanged through these online systems frequently. Accordingly, some countries have implemented legislative responses to address these risks, although each countries’ laws have varying degrees of severity. Hence, the purpose of this study is to assess the efficiency and robustness of Mauritian laws to combat financial crimes that may arise from a crowdfunding transaction with a particular emphasis on money laundering and tax evasion. Design/methodology/approach To achieve this research objective, the black letter approach was used to analyse Mauritian rules and regulations on the researched topic and a comparative analysis was carried out against the corresponding laws on crowdfunding in some other jurisdictions, notably the UK and the USA with the view of suggesting the policy recommendations to Mauritian authorities. Findings It was found that there is still scope for improving the existing legal and regulatory framework on crowdfunding in Mauritius to prevent instances of money laundering and tax evasion. The paper suggests that a crowdfunding operator must be categorised as a reporting person and must carry out regular due diligence checks. There must also be more collaboration in terms of information exchanges and training sessions among the tax authority of Mauritius, crowdfunding operators, fund seekers and investors to shed light on the tax treatment of income and deductions to avoid issues of tax evasion. Originality/value At present, to the best of the authors’ knowledge, this study is amongst the first academic writings on the efficiency of Mauritian laws in dealing with the risk of financial crimes through crowdfunding, and also, because existing literature is quite scarce on assessing the adequacy of crowdfunding rules in developing countries, this research aims at filling in the gap in literature. The study is carried out with the aim of combining a large amount of empirical, theoretical and factual information that can be of use to various stakeholders and not only to academics.

3E thermodynamic modeling and optimization a novel of ARS-CPVT with the effect of inserting a turbulator in the solar collector

In the present work, thermodynamic and economic modeling of a single-effect absorption chiller cycle to a photovoltaic solar system has been investigated. Modeling with three perspectives of optical analysis, computational fluid dynamics, and thermodynamics is considered to be coupled together. Solar energy has been used to drive the absorption chiller cycle and production of cooling for residential buildings. Solar centralization system including solar panels, fluid flow is used to generate and store electricity, usage in the absorption cycle, respectively. In the numerical simulation, the pressure drop and temperature of the system outlet are investigated. In the thermodynamic simulation, the performance coefficient of the absorption chiller cycle, the efficiency of the second law of thermodynamics, the cooling load, and the temperature of cooling flow is investigated. The results are validated under the same conditions for optical analysis and numerical solution; Based on this, the values obtained from the simulation is shown a maximum of 7.6% error compared to the results of the reference paper. The maximum heat flux transferred to water flow is equal to 11884 (W/m2) in June, which was obtained using numerical simulation, the maximum value Tout,CPVT=368.8(K). According to the thermodynamic modeling of the system, the minimum flow rate of CPVT was obtained m˙CPVT=0.15(kg/s) and according to the performance coefficient, exergy efficiency, and total cost rate was selected as the optimal flow rate that produces a cooling load equal to Q˙Eva=8.509(kW) the production coefficient and efficiency. Exergy and overall start-up costs are 0.2714, 0.729 and 0.0424 ($/hr), respectively.

A COMPARATIVE ANALYSIS TO EVALUATE THE EFFECTIVENESS OF THE LEGAL FRAMEWORK FOR ANTI-MONEY LAUNDERING IN MAURITIUS

The fight against money laundering has been a central issue for governments worldwide, with initiatives aimed at preventing the flow of dirty money. The value of money laundering is estimated to range from 2% to 5% of the global gross domestic product, thus, creating a compelling and urgent need to combat money laundering operations at both national and international levels.To effectively combat this issue, this paper seeks to analyse the various aspects of the Anti-Money Laundering (AML) Laws in Mauritius. It aims to identify the loopholes in the system and recommends ways to improve AML regulations in the country. The study uses the doctrinal methodology to analyse the laws and regulations of Mauritius on money laundering and terrorism financing.Additionally, the article uses a comparative approach to analyse the efficiency of the Mauritian AML Laws by comparing and contrasting the laws and regulations of Mauritius with those of the United Kingdom (UK). This will help the study identify areas where the country can improve its regulatory and legal framework to prevent money laundering and terrorism financing.

Aplication of the Criminal Law in time as for Thefts (art. 228- 229)

The penal law contains an ensemble of norms; rules of conduit which are enforced by criminal penalties. The penal law in reagard of theft is mandatory from the moment of its enforcement and it lasts, in time, until its abrogation. During the time of the enforcement, the penal law is active and is applied to all committed offences. Time limitation of the penal law represents an important part of the theory of penal law, first, because the penal law enforcement is limited in time, and second, the offences are committed in relation with the penal law. So, the penal law is applied to all crimes against patrimony offences committed while the penal law is enforced (active).The penal law doesn’t apply to the offences committed prior to its enforcement (the law is not retroactive), or to those committed after the law was abrogated (ultraactivity).The study also refers to the situation of concurrence of the offencesinregard to theft crimes, the duration and limits of the efficiency of the penal law, retroactivity, and abolition of an offence, applying the mitior lex principle, the cases when the penal law is retroactive or ultraactive.