Harmonization Of Law Research Articles

Harmonization of Indonesian Criminal Law Through the New Criminal Code Towards Humane Law

Objective: The material criminal law currently in effect in Indonesia is a criminal law inherited from the Dutch colonial era, promulgated by Law Number 1 of 1946, which is enforced in accordance with the principle of concordance, which means the application of existing laws in the Netherlands to Indonesia. The problem discussed in the research is How is Law 1/2023 on the Criminal Code harmonized which repeals the previous law? How does society respond to changes in the substance and type of punishment in the new Criminal Code.
 
 Method: The method used in the form of normative juridical with a descriptive analytical approach. The new Criminal Code consists of 2 (two) books, namely Book One and Book Two. Book One of the Criminal Code contains 205 articles which regulate starting from the scope of application of criminal statutory provisions; criminal acts and criminal liability; convictions, penalties and actions; the abolition of prosecutorial authority and criminal implementation.
 
 Result: The results concluded that the new Criminal Code regulates the application of unwritten laws such as customary law and customs, this would be contrary to the principle of "nullum delictum" which requires that a crime can be imposed if there is a law that first regulates it. The novelty of this research is the need to regulate what crimes can be resolved using unwritten law or customary law.
 
 Conclusion: The conclusion obtained is that there is not yet harmony between the principles and substance that regulate actions and the type of punishment that will be imposed and there are various disapproving responses from the public because the criminal regulations in the new KHUP are not yet harmonious. Hopefully a new regulation will be formed or a new Criminal Code will be revised to create a harmonization of criminal law in the future.

Harmonizing the Iddah Period for Women Divorced Outside the Court According to KHI and Fiqh Law

Legal harmonization determining the iddah period for divorced women outside of court between Law No. 1 of 1974 and the Compilation of Islamic Law is still an unresolved issue in Indonesia. This study aims to identify the differences and similarities between the two laws, as well as provide recommendations on the proper harmonization of laws for divorced women outside the court. This study uses comparative analysis methods and interviews with Islamic jurists. The results of the study show that there are differences in determining the iddah period between the two laws, and the proper harmonization of law by enforcing Islamic law that is in line with the social and cultural context of Indonesian society. It is hoped that the results of this research can become input for legislators and the public in formulating legal policies that are fair and in accordance with Islamic teachings and the social context in Indonesia.

Exploring the Possibilities of Legal Harmonisation of Non-Tariff Barriers of RECs for the Achievement of the AfCFTA

African Union (AU) countries are expected to pursue more effective, responsive and non-discriminatory regulations to build a more productive regional economy. This article interrogates the prospects of implementing legal harmonisation of Non-Tariff Barriers (NTBs) in the African Continental Free Trade Area (AfCFTA). The article adopts a qualitative review of the literature with reference to the European Union (EU) and the Organisation for the Harmonisation of Business Law in Africa (OHADA). Analysing instruments of legal harmonisation of the AU and Regional Economic Communities (RECs) reveals lapses in the harmonisation agenda, which impedes intra-regional trade. Furthermore, the article examines the methods of legal harmonisation, benefits, setbacks and efforts RECs make to harmonise NTBs. Also, examining attempts at legal harmonisation by RECs reveals that the harmonisation objectives of the AU’s legal frameworks have not been effective. On the other hand, RECs have progressed unequally in meeting their treaty goals and essential programmes. This article establishes that the legal harmonisation model, political will and states’ inability to supranationalise community rules are the major reasons for the lack of harmonisation. In addition, overambitious targets with limited resources account for the failure of the AU and its RECs to achieve their stated objectives. Finally, the article proposes a legal harmonisation model that will directly affect domestic regulations.

Integration law and harmonization of law in the context of RILA

The Latin American Integration Route (RILA) is a proposal for regional development based on the economic, political, and social integration of Latin American countries. Its objective is to better develop the interaction between countries and the utilization of regional resources and opportunities, aiming at strengthening economic and social development. Integration Law is the field of International and Community Law responsible for governing relations between countries during the implementation of regional integration. It encompasses the norms and principles regulating the commercial, political, cultural, and social relations among the member countries of RILA. In this context, the main goal of this article is to present conceptual aspects of Integration Law and Harmonization of Law, and to reflect on their roles within the context of Latin American integration. The current text is a qualitative approach and bibliographical research, drawing from thinkers that bring the Integration Law and Harmonization of Law scheme to the regional economic integration scenario. It comes to the conclusion that International Law is fundamental to the maintenance and economic integration of the member countries of MERCOSUL, since it creates norms and principles by which the members of this bloc (nations and civil society) can guide themselves.

Harmonization of Islamic Legal Institutions and Customary Law in Marriage Dispensation Cases at The Panyabungan Religious Court

Harmonization between customary law and Islamic law (fiqh) has long occurred in our homeland. This study aims to illustrate the harmonization between Islamic legal institutions and customary institutions. This research is an empirical legal research, empirical legal research is research whose object of research is the practice of legal events or occurrences. The approach used in this study is a socio-legal approach, that used to analyze the social interactions between the Panyabungan Religious Court and customary institutions in implementing age dispensation. The results of this study show that this harmonization had run well between Islamic legal institutions and customary institutions. There is harmonization of existing norms or rules that apply in society. In substance making Islam more widespread in society and the state, from the understanding of classical jurisprudence to other legal products namely qadla, Islamic Law in substance continued to develop and acquire all regulations towards the rule of Islamic law as a whole. The similarity of certain functions within the customary law system, the Islamic legal system, and the national legal system according to the scope of their duties determines the extent to which harmonization occurs. The method of harmonization between Islamic law and customary law can be achieved in three ways, namely first; Harmonization of understanding, Second; Harmonization is carried out actively,Third; Passive harmonization.

The Evolving Privacy Right: an Analysis of Tanzania’s Legal Scheme in E-health Data Protection

Rapid technological developments and globalization have brought new challenges to the protection of personal data. The scale of the collection and sharing of personal data has increased significantly. Technology allows both private companies and public authorities to make use of personal data on an unprecedented scale to pursue their activities. Natural persons increasingly make personal information available publicly and globally. The importance of the subject of privacy and data protection has gained unprecedented attention in recent years, requiring better and more elaborate rules of protection. Individuals are sometimes exposed to possible abuse and even to harmful consequences as a result of the developments in information and communication technology (ICT) and the role it plays in the collection of personal information, and the tendency of companies and business enterprises to collect and use personal information in making business decisions. It is therefore not surprising that many countries in the West enacted comprehensive legislation on data protection some time ago. Europe in particular, through the recently passed General Data Protection Regulation, 2016, is heading towards the harmonization of data protection laws to have consistency within the region This article aims to provide an overview of the evolving “right to privacy (Data protection)” in this digital health (e-health) world to give the main key facts to stakeholders in e-health sectors to adapt their practices and ensure compliance with the current evolving legal scheme in Tanzania. The processing of personal health data, genetic data biometric data, and other kinds of sensitive information is strictly regulated and even widely interpreted by justice-dispensing organs.

The Role of Law in Shaping a Single Currency: The European Experience in a West African Context

This paper assesses the feasibility of West African economic and monetary union - in particular the planned use of the eco currency – in light of the legal structure and challenges of the European monetary union. The paper begins by briefly expounding on the concept of money and defining it in the broader context of law and of monetary union. Thereafter, the effective harmonization of laws and the relevance of sequential monetary integration are identified as the first legal factors affecting the eco currency. Next, the ongoing difficulty of economic convergence in the ECOWAS is investigated with a comparison to some shortcomings of European Union convergence and an assessment of convergence criteria. Central bank independence and effective criminal and judicial cooperation are reviewed as additional factors which may play a major role in the success of a West African single currency. The analysis concludes that the advent of monetary union in the ECOWAS region presently lacks feasibility when considering the issues identified but can be redeemed, among other things, by enhanced political will and implementation of monetary union law.

Value Added Tax Treatment on Health Services After Harmonization of Tax Regulations Law

One of the changes related to Medical Health Services after the enactment of the VAT Cluster Law on the Harmonization of Tax Regulation is the provision of VAT exemption facilities for these services. This change is further regulated in Government Regulation no. 49 of 2022. This study aims to examine VAT on Medical Health Services after the enactment of the Law on the Harmonization of Tax Regulations and the policy implications of VAT exemption on medical health services for the community as the end consumer. The research method used in this research is descriptive qualitative with the use of secondary data. The results of this study conclude that service providers are obliged to be confirmed as Taxable Entrepreneur to collect VAT for people who do not use health services not borne by the government. However, Taxable Entrepreneur cannot credit its input tax.

Tacit Choice of Law in International Commercial Contracts. An Analysis of Future Instruments of Developmental Organisations

This article examines the various regional and supranational organisations of emerging countries that could benefit from a codification of private international law rules. They include the Organisation for the Harmonisation of Business Law in Africa (OHADA), the African Union (AU) and the Association of Southeast Asian Nations (ASEAN). In addition, the article analyses the envisaged instruments that may be especially relevant in the context of the abovementioned organisations. These include the Preliminary Draft Uniform Act on the Law of Obligations in the OHADA Region, the proposed African Principles on the Law Applicable to International Commercial Contracts and the Asian Principles of Private International Law. More specifically, the article focusses on the provisions regarding the determination of the law applicable, particularly those rules relating to a tacit choice of law in international commercial contracts.

Penyelarasan Peraturan Perundang-Undangan Sebagai Langkah Reformasi Hukum di Indonesia

Indonesia is a state of law. every element of the life of the nation and state is regulated by law. problems then arise, because as a state of law that has many rules the problem of over regulation cannot be avoided. Coupled with the disharmonisation of legislation makes the problem more complicated. Of course, the stages of the formation of laws and regulations must pay attention to the principles that have prevailed in the previous provisions. The presence of institutions for harmonisation is also needed in this case. In this paper, the author uses normative juridical research, which is a study of approaches to laws and regulations which are then elaborated by examining several literature materials so as to obtain results regarding the harmonisation of laws and regulations.

Modernizing Non-Profit Law in Canada

Non-profit corporations benefit from significant tax subsidies, but they are largely regulated by corporate statutes rather than tax law. Recent legislative reforms in Canada have sought to modernize non-profit statutes to reflect the changing non-profit sector, with a focus on increasing accountability and fairness. Yet, despite the increasingly national reach of non-profits, governance and financial transparency requirements can differ considerably between jurisdictions. This article compares non-profit rules about directors and financial review in Alberta, British Columbia, Ontario, and federally. It demonstrates how modern non-profit law reforms make regulatory choices about governance and financial transparency requirements based on local policy priorities. The article then uses tax expenditure analysis to argue for a national perspective that considers the different regulatory burdens facing non-profits receiving the same federal tax subsidies. It finds that inconsistent rules between jurisdictions raise significant accountability and fairness concerns. For smaller non-profits, uninformed incorporation choices may result in a higher compliance burden. For non-profits seeking a lighter regulatory load, the uneven regulatory landscape may lead to jurisdiction shopping. The article argues that the increased harmonization of non-profit law across Canada is key to continuing the work of modernizing non-profit law. It concludes by identifying potential law reforms and their limitations.

Harmonization of Consumer Law in the European Union in the Digital Age: an Analysis of the Impact of Directives (EU) 2019/2161, 2019/770 and 2019/771 of the European Parliament and the Council on Consumer Protection and Their Implementation in Poland

The protection of consumer rights has been unified and extended at the EU level by the adoption of a directive of 27 November 2019 amending Council Directive 93/13/EEC andDirectives 98/6/EC, 2005/29/EC, and 2011/83/EU with regard to better enforcement and modernization of EU consumer protection rules. This activity of the European Commission, known as the Omnibus Directive, is a type of strategy involving the introduction of changes in various legal instruments of the European Union through a single comprehensive legal act. As this is a directive, its effectiveness requires implementation into national legislation. In the Polish legal system, the directive has been implemented through two acts amending the Consumer Rights Act, the Civil Code, and the Private International Law Act, and these amendments came into force on 1 January 2023. The purpose of this article is to analyse the changes introduced by the Omnibus Directive, Directive 2019/770 and Directive 2019/771, their impact on consumer protection in the European Union and to discuss the implementation of these directives’ provisions into the Polish legal order.

Delegation and Directors' Reliance on the Performance of Others – A Companies Act 2008 Analysis in the Light of International Best Practices

South Africa has included in the Companies Act 71 of 2008 (the Act), provisions dealing with directors' delegation and reliance on the performance of others for their (the directors') own performance. In keeping with their role of managing the affairs of the company in terms of section 66(1) of the Act, directors must make decisions in the best interests of the company. Given the company board's strategic role in the company governance, as opposed to the day-to-day management done by the executive management, directors must rely on the performance of others to fulfil their role. These "others" include professional experts and company employees who can either provide guidance/specialist advice or to whom the board may delegate certain powers and authority to perform certain functions geared towards providing the board with a basis for decision-making. This article in the main interrogates the question whether South Africa has now established globally competitive legal standards of directors' delegation and reliance on the performance of others in line with company law reform objectives prior to 2008. One such objective is ensuring compatibility and harmonisation of the new company law with the best practice jurisdictions internationally as a way of promoting the global competitiveness of the South African economy. In this respect this article examines relevant laws in two foreign jurisdictions to provide a comparative aspect to the relevant South African company law aspects. First the article very briefly examines English law, which provides South Africa with its common law heritage of the duty of care, and it is argued that reliance and delegation relate to the irreducible minimum standard of care and the standard to exercise independent judgment. An examination of Australian statutory provisions on reliance and delegation is followed by a critical evaluation of reliance and delegation in section 76(4)(b)-(5) of the Companies Act 2008. It is concluded that South Africa has established globally competitive principles of reliance and delegation. Nonetheless, there are gaps in statutory reliance and delegation provisions under the Act, and lessons can be drawn from the best practices in Australian statutory and case law. Firm suggestions are made on how the gaps can be plugged and how the legal standards can be further tightened to enhance the global competitiveness of South African company law.

LEGAL STATUS AND INDEMNITY, VETERINARY-EPIDEMIOLOGICAL AND PSYCHOLOGICAL CONTEXT OF STRAY DOGS IN THE LEGAL SYSTEM OF BOSNIA AND HERZEGOVINA

Attacks by dogs, primarily stray dogs, are a very common problem faced by both underdeveloped and developed local goverments. The damage caused by attacks from stray dogs has multiple, and often long-lasting, harmful consequences for their victims, which are also reflected on members of their families. This manuscript provides a veterinary-epidemiological definition of the concept of dogs, as well as their legal definition in the context of „dangerous things“, and the psychological aspect that is regularly manifested in victims. Analyzing the legislation of Bosnia and Herzegovina, with a comparative presentation of the regulations of the EU member states, systematic overviews and answers are given, which are important for the improvement of existing regulations and harmonization of law and jurisprudence.

Модельный закон как средство унификации частного права

This article looks at recent studies dealing with the model law as a unique in its nature unification tool of private legal relations. The principle of creation of the designated type of documents is examined, a positive scientific assessment of its existence is given on the example of the works of O.P. Korovina, M.I. Pantykina, E.V. Shestakova. The remarkable fact is that the model law contributes to the improvement of lawmaking, har-monization and unification of law. Moreover, it has been revealed that both at the theoretical and practical level there are gaps and difficulties in the legislation (lack of clearly defined distinctive features of model laws, which distinguish them from other international documents, the influence of political processes and private-economic interests on this section of law, difficulties of interpretation), which creates prerequisites for further study and improvement of model law. In the course of drafting the article both general-scientific (analysis, comparison) and private-scientific methods (study of judicial practice) of research were used.

Case Study On Integration Process Of Albania Towards Eu: Harmonisation Of Domestic Legislation With That Of EU

Background: The road of Albania’s European Union integration process has been long and defiant. It started in 1993 with the approval of the Trade Agreement. The most important milestone was the signature of the Stabilisation and Association Agreement (SAA) in June of 2006. Part of its implementation included the harmonisation of domestic legislation with that of the EU, established by Article 70 of this agreement. This is an important process for the final step of EU membership. Its importance relates to the fact that if the domestic legislation is not in compliance with the European legislation, the standards of this country cannot compete with those of other EU countries. As a result, it cannot become part of the EU. Methods: The introduction of the article, based on the descriptive method, gives an overview of domestic legislation in the framework of harmonisation. The second chapter, based on the analytic method, explains an example of law harmonisation in Albania in concrete terms. This example is based on the methodology used for the harmonisation of legislation. Based on these outcomes, the third section of the article explains the need for understanding and implementing the harmonised laws in Albania. Results and Conclusions: The identification of the approximation process gaps in the second section of the article translates to achievable goals shown in the conclusion. A better functioning of Albanian structural and administrative capacities is needed, requiring a dedicated additional budget and trained staff. In technical terms, the text of the trans- posed EC Directive should be inserted in the table of concordance of the Law. The same EU act, expected to be transposed, should also be mentioned in the preface of the draft proposal, similar to the practice in the European countries. After the approval of the har- monised national legislation with that of EU law, its implementation and enforcement are crucial. The most important part of the harmonisation of legislation lies in the impact these laws will have after their implementation. A data base on EU terminology for Alba- nian and English languages of the Treaty Establishing the EU and European Community, the SAA, the Interim Agreement, and the European Partnership should be established. The most important issue Albania faces regarding its internal market legislation is the adaption of their internal mechanisms to implement.

Ташкент бегіліктерінің жерге иелік ету тарихынан (19 ғ. басы)

The article highlights and analyzes based on archival documents and historical sources the issues of land ownership in Tashkent in the early 19th century. Researched: the influence of Muslim law on the solution of land issues in the region, the harmonization of Muslim law and local customs in agriculture. Based on the above analysis, it is concluded that in Tashkent before the invasion of the Russian Empire, there was a peculiar and full-fledged legal institution of land tenure. Which was part of the legal institution of the Kokand Khanate and relied on Sharia law and the primordially ancient traditions of agriculture. The study was conducted based on the principle of historicism. In the course of the study were used a microhistorical approach, comparative, systematic, content analysis and problem-chronological methods.

Legal Implications of Liberalisation and Globalisation of Insurance Sector

The liberalization and globalization of the insurance sector have had significant legal implications. The liberalization and globalization of the insurance sector have been driven by the increasing interconnectedness of economies and the desire to promote competition and efficiency in the market. This process involves opening up domestic insurance markets to foreign companies and removing barriers to entry for new players. As a result, there has been a surge in cross-border investments, mergers, and acquisitions, leading to the expansion of multinational insurance companies. From a legal perspective, the liberalization and globalization of the insurance sector have necessitated changes in regulatory frameworks and the harmonization of laws across jurisdictions. Governments have had to revise their domestic insurance laws to accommodate the entry of foreign insurers and ensure a level playing field for all participants. This includes revisiting licensing requirements, solvency regulations, consumer protection laws, and dispute resolution mechanisms. The liberalization and globalization of the insurance sector have had far-reaching legal implications. These include the need for regulatory reform, international cooperation, and harmonization of laws. Key words: Constitution, solvency, globalization, self-government and Nationalisation

Analysis of the harmonization of contract law Ukraine with the law of the European Union

The introduction of European norms into national legislation can cause certain problems and disagreements.The reasons that can lead to such disagreements, which are mentioned in the statement of the problem, are primarily cultural and historical differences. Countries have their own cultural and historical characteristics that affect their legal systems. European norms may not always take these differences into account, which may lead to differences in the interpretation and application of the law.The reason is the needs and peculiarities of the national economy, because each country has its own economic structure and needs. European norms may not take into account the specifics of the national economy, which may lead to disagreements and cause difficulties in the implementation of certain provisions.European norms may be formulated ambiguously or leave certain aspects uncertain. This can lead to differences in the interpretation and application of the law, as well as to different approaches in court decisions, which is legal ambiguity.Time constraints and the accelerated process of harmonization are also one of the reasons due to differences between Ukrainian and European law. The implementation of European norms can take place at a fast pace, which can make it difficult to adapt and ensure full compliance with national legislation. This can lead to ambiguities and inappropriateness in the legal system.And integration with European law can create challenges in ensuring a unified mechanism for control and dispute resolution. Differences in the interpretation and application of European norms can create problems in resolving disputes between the parties. Therefore, the lack of a single control mechanism is also a reason.Ukrainian contract law needs legislative adaptation. After all, the implementation of European norms requires significant changes in national legislation. This can cause difficulties and require time and resources to implement the necessary reforms.One of the reasons is the lack of full compliance. Ukraine may have difficulties in achieving full compliance with European norms due to various factors, such as backwardness in the development of the legal system, corruption, insufficient legal culture, etc. This can lead to unresolved issues and disagreements with European law.The next reason is the implementation of requirements and standards. Harmonization of contract law with European norms requires the introduction of new requirements and standards. This can be a challenge for government bodies, lawyers, courts and other participants of the legal system, who must familiarize themselves with the new rules, acquire the necessary skills and abilities to apply them.Harmonization of contract law to European standards may also require significant financial costs. This is due to the need for reforms, training of specialists, development and implementation of new laws and legal instruments. The government and other stakeholders must commit sufficient resources to ensure successful harmonization, which is a challenge.The reason for the discrepancy between domestic and European law is the interaction with other branches of law. Harmonization of contract law can affect other areas of law, such as economic, civil and labor law.Changes in one area may necessitate changes in the corresponding areas, which may cause complications and disagreements in their interaction.Harmonization of contract law requires broad public support and involvement. This means the need to inform citizens, businesses and other interested parties about the changes, hold consultations and take into account their opinions and suggestions. Support and involvement of society is needed. Despite these challenges, the harmonization of contract law of Ukraine with European law remains important and necessary. This will contribute to the creation of a single legal space, increased protection of the rights of citizens and enterprises, development of trade and investments, and improvement of justice.However, it is important to take into account the specificities and needs of the country when implementing European norms, ensuring a balance between global standards and national realities.

The impact of European law on national legislation and the need to harmonize contract law of Ukraine

The practical implementation of the harmonization of Ukrainian legislation with European law includes harmonization of legislative acts, implementation of European standards, institutional reforms, information campaign and education, international cooperation, creation of specialized bodies, strengthening of legal education and training, monitoring and evaluation of implementation. The practical implementation of harmonization contributes to the creation of a consistent and modern legal system, ensures the protection of citizens’ rights, promotes economic development and promotes international cooperation.In general, the harmonization of contract law of Ukraine with European law is an urgent task that contributes to the development of the economy, increased protection of the rights and interests of citizens and enterprises, improvement of the legal system and international cooperation. The relevance of harmonizing Ukrainian contract law with European law arises for several key reasons, this is: integration with the European Union, promotion of economic development, protection of rights and interests of citizens and enterprises, promotion of international cooperation.Harmonization of contract law of Ukraine with European law contributes to the improvement of cooperation with European countries and other countries that adopt European standards. This opens up new opportunities for trade, investment and cultural exchange, etc.Harmonization of contract law refers to the process of alignment and unification of norms and principles relating to the conclusion, performance and termination of contracts, with the aim of ensuring their mutual compatibility and the implementation of generally accepted standards in this area.Harmonization of contract law is usually aimed at creating a single legal space where different countries or regions have common norms and rules governing contractual relations. This allows for equal conditions for all market participants, increases transparency and predictability, reduces risks and increases trust between parties.Harmonization can be achieved by harmonizing and unifying national laws and regulations, or by adopting international treaties, conventions or recommendations that become binding on participating countries.Harmonization of contract law contributes to the creation of a favorable environment for business and international trade, simplifies the crossing of borders and the implementation of international transactions. It also helps to avoid disagreements and contradictions in legal regulation, ensuring stability and predictability of legal relations.