Legal Entity Research Articles

Internal status borders: municipal registration between emancipation, exclusion and omission in Italy

ABSTRACT Registration promotes emancipation: by acquiring a legal individual identity, a person becomes a formal member of a community and obtains rights. However, registration also enables and reproduces hierarchies and subordinate inclusion, especially when it becomes a selective device. This article aims to highlight the ambiguous status of registration by focusing on municipal registration, a device that is analysed from a historical-theoretical perspective and by highlighting the case of European citizens. The aim is to show that municipal registration is part of a local border regime, as it promotes the internalisation of borders. By proposing a theoretical reflection and drawing on research already carried out on municipal registration, the article aims to reveal the ambiguities of registration as an internal border: in particular, how recognition, or conversely the lack of it, is used to exclude or “omit” people, thus preventing them from being fully autonomous in a legal and material sense.

Kewenangan Notaris Melakukan Pekerjaan di Luar Wilayah Jabatan

The purpose of this research is to examine and analyze the authority of Notaries to carry out ork outside the region, including elements of unfair business competition for Notaries. and to review and analyze the authority of the Notary Supervisory Board regarding violations of unfair business competition for Notaries. Meanwhile, the research method used is Normative legal research, namely a method that uses primary legal material sources in the form of statutory regulations, legal theories and expert opinions, to analyze and draw conclusions about the problems used to test and study legal materials, hile the research results are obtained It is known that this unhealthy competition itself is related to Notaries ho carry out positions outside their area of office, such as ratifying deeds of establishment of business entities and legal entities, ratifying an agreement, stipulating an agreement. So the correlation is ith unhealthy business competition according to the provisions of Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition, namely Article 17, and related to the authority of the Notary Supervisory Council hich carries out supervision, inspection and imposes sanctions on Notaries, and at every level The Notary Supervisory Council consists of the Regional Supervisory Council (MPD), Regional Supervisory Council (MPW); and the Central Supervisory Council (MPP), so that for violations of unfair business competition, efforts to enforce the Notary's code of ethics, namely based on Article 85 of Law Number 30 of 2004 concerning the Position of Notaries by placing a verbal arning in the first order of giving sanctions, is a arning to notary from the Supervisory Council hich if not fulfilled is followed up ith ritten sanctions. If this sanction is not complied ith by the notary concerned, subsequent sanctions can be imposed in stages.

Analisis Efektifitas Pengelolaan dan Sistem Pengendalian Piutang pada Koperasi Makmur Mandiri di Rengasdengklok

Cooperatives, as business entities, are always encouraged to play an active role in providing credit services needed by the community. By providing credit to small and medium businesses, it is hoped that this sector can improve the quality of its activities. This research aims to test and analyze the effectiveness of the Receivables Management and Control System at the Makmur Mandiri Cooperative in Rengasdengklok. The research method used is descriptive with a qualitative approach, with data collection techniques in the form of interviews, observation and documentation. The analytical methods used include analysis of Receivable Turn Over (RTO), Average Collection Period (ACP), Arrears Ratio, Collection Ratio, as well as evaluation of the cooperative control system. The research results show that internal control of receivables at the Makmur Mandiri Cooperative has been implemented in accordance with COSO standards. Although providing credit to cooperatives from 2018 to 2022 is considered quite effective, it still fluctuates every year due to the significant impact of Covid-19 which causes economic uncertainty, resulting in many cooperative members experiencing delays in paying loans at maturity.

Analisis Kesiapan UMKM dalam Implementasikan SAK EMKM: Studi Kasus UMKM Mitra Alfamart di Karawang

The development of MSMEs is very important for the progress of the Indonesian economy, however, MSMEs face several obstacles in their development, such as not having employees who are experts in their fields and lack of knowledge about how to make financial reporting in accordance with applicable standards (SAK EMKM). The purpose of this study is to determine whether Alfamart's partner MSMEs in Karawang are aware of the issuance of SAK EMKM, have adequate human resources, accrual basis accounting recording system, and whether they have adopted the concept of a business entity. Six business actors who work with Alfamart partners are the subjects of observation, interviews, and documentation in this study, which uses descriptive qualitative research methodology. The data analysis method developed by miles and huberman is data collection, data reduction, data presentation and conclusion drawing. Six different informants were used in source triagulation used for data validity testing. The results of the study state that the majority of business actors who work with alfamart partners are not ready to implement SAK EMKM. This is due to the lack of understanding in the accounting recording system in order to make financial records based on SAK EMKM and not knowing the issuance of SAK EMKM, not having adequate human resources, the accounting recording system applied is still on a cash basis not accrual basis and adopts the concept of a business entity.

Innovative and Sustainable Performance of Islamic Bank: Comparing the Financial Ratios between Two Different Organizations in Indonesia

The law that requires every UUS to change into a BUS by 2023 is the background for this research. Financial indicators show that UUS performance is better than BUS so, through this research, the authors will compare the financial performance of Islamic Banks which were previously in the form of UUS, and after changing their business entity to BUS. Currently, in Indonesia, there is thirteen BUS that previously had UUS status. The sampling in this investigation used a purposive sampling technique with two criteria so that two samples were obtained, namely Bank BJB Syariah and Bank BNI Syariah. The observation period was carried out for seven years when the status was UUS and eight years after becoming a BUS. The source of data in this study comes from the financial statements of each bank which contain the ratio of PPAP, FDR, NOM, ROA, and BOPO. This comparative study uses the Mann-Whitney U test non-parametric test analysis technique. The comparative study conducted concluded that there were differences in financial performance before and after the spin-off for the FDR and BOPO ratios, while the PPAP, NOM, and ROA ratios were not found to be different.

Text summarization for pharmaceutical sciences using hierarchical clustering with a weighted evaluation methodology.

In the pharmaceutical industry, there is an abundance of regulatory documents used to understand the current regulatory landscape and proactively make project decisions. Due to the size of these documents, it is helpful for project teams to have informative summaries. We propose a novel solution, MedicoVerse, to summarize such documents using advanced machine learning techniques. MedicoVerse uses a multi-stage approach, combining word embeddings using the SapBERT model on regulatory documents. These embeddings are put through a critical hierarchical agglomerative clustering step, and the clusters are organized through a custom data structure. Each cluster is summarized using the bart-large-cnn-samsum model, and each summary is merged to create a comprehensive summary of the original document. We compare MedicoVerse results with established models T5, Google Pegasus, Facebook BART, and large language models such as Mixtral 8 7b instruct, GPT 3.5, and Llama-2-70b by introducing a scoring system that considers four factors: ROUGE score, BERTScore, business entities and the Flesch Reading Ease. Our results show that MedicoVerse outperforms the compared models, thus producing informative summaries of large regulatory documents.

FIRM CHARACTERISTICS AND DISCLOSURE OF MATERIALITYASSESSMENT IN SUSTAINABILITY REPORTS

This research aims to examine the influence of financial performance, leverage, corporate governance, dan company size on the level of disclosure of materiality assessments in sustainability reports published by 177 public business entities in Indonesia in the 2020-2022 period, yielding a total of 531 firm-year observation. The variables used are the scoring results from content analysis of sustainability report (MDISC), return on asset ratio (ROA), market to book ratio (MTB), debt to equity ratio (DER), audit committee size (ACSIZE), number of independent commissioners (INDBOD), and the natural logarithm of total assets (SIZE) which are tested using ordinal logistic regression. The results show that ROA, MTB, ACSIZE and SIZE have influence on the level of disclosure of materiality assessments, while DER and the INDBOD have no effect. This research findings are useful for business entities and regulators in order to develop quality in sustainability reporting practices to increase transparency and accountability.

Financial Performance Analysis at Microfinance Institutions: Case Study at Regional Business Entities Bogor Regency

Financial Performance Analysis at Microfinance Institutions: Case Study at Regional Business Entities Bogor Regency

Financial risk analysis of Public-Private Partnership (PPP) projects case study on Pandaan - Malang Toll Road

This study aims to analyze the financial risks faced by the Pandaan-Malang Toll Road PPP (Public-Private Partnership) project in Indonesia. Data collection techniques include semi-structured in-depth interviews with parties related to the PPP project, including the Directorate General of Infrastructure Financing, the Tolling Road Management Agency (government), and Business Entities (PT Jasamarga Pandaan Malang). The collected data will be analyzed to determine the financial risk factors faced by PPP projects and the financial controls carried out to overcome financial risks in PPP. The results show that the risk of errors in forecasting in the calculation of demand, cost, and revenue projections is a risk that almost often occurs. The Government emphasizes the importance of optimizing the role of PII (Persero) or Indonesia Infrastructure Guarantee Fund (IIGF) as an Infrastructure Guarantee Business Entity (BUPI) to ensure financial sustainability and minimize the impact of sudden shocks on the State Budget due to the provision of Government Guarantees for cooperation projects. This study provides insights or frameworks that can be applied to similar projects, helping to improve risk assessment and decision-making processes in future infrastructure developments.

Perkawinan Beda Agama dalam Perspektif Hak Asasi Manusia

Interfaith marriages in Indonesia continue to be an issue, with ongoing social and legal discrimination, against couples who enter into such arrangement. This paper discusses the challenges faced by Undang-Undang No. 1 of 1974 on Marriage, along with its amendments in Undang-Undang No. 16 of 2019, in adhering to the principles of human rights. This study employs a literature review approach to examine how the government, through existing legal substance and structure, can ensure legal certainty, legal justice, and legal benefits for interfaith married couples.

Criminal Sanctions Against Perpetrators of Misuse of Personal Data on Money Loans Based Technology: A Study in Bantul District Court, Indonesia

Personal data protection is one of the privacy rights and human rights owned by every citizen, so that this right is guaranteed through the Constitution of the Republic of Indonesia in 1945, where with the enactment of Law Number 27 of 2022 concerning Personal Data Protection, it gives hope for Indonesia citizens related to the protection of their personal data from various forms of misuse, However, in practice, there are still cases of misuse of personal data used for money loans based technology to the detriment of the community. The purpose of this study is to find out the form of law enforcement of personal data misuse, as well as to be able to find out the effectiveness of law enforcement based on Law Number 27 of 2022. This research is a normative juridical research with a legal approach and a case approach. The results of the study are that, First, the form of law enforcement related to the misuse of personal data based on Law Number 27 of 2022 consists of administrative law enforcement regulated in Article 57 of Law Number 27 of 2022 and criminal law enforcement regulated in Article 67 and Article 68 of Law Number 27 of 2022. Second, law enforcement against perpetrators of misuse of personal data based on Law Number 27 of 2022 has not been effective because it is influenced by legal substance factors, legal structure, and community legal culture.

Can infrared light really be doing what we claim it is doing? Infrared light penetration principles, practices, and limitations

Near infrared (NIR) light has been shown to provide beneficial treatment of traumatic brain injury (TBI) and other neurological problems. This concept has spawned a plethora of commercial entities and practitioners utilizing panels of light emitting diodes (LEDs) and promising to treat patients with TBI and other disorders, who are desperate for some treatment for their untreatable conditions. Unfortunately, an LED intended to deliver photonic energy to the human brain does not necessarily do what an LED pointed at a mouse brain does. There is a problem of scale. Extensive prior research has shown that infrared light from a 0.5-watt LED will not penetrate the scalp and skull of a human. Both the properties of NIR light and the manner in which it interacts with tissue are examined. Based on these principles, the shortcomings of current approaches to treating neurological disorders with NIR light are explored. Claims of clinical benefit from low-level LED-based devices are explored and the proof of concept challenged. To date, that proof is thin with marginal benefits which are largely transient. Extensive research has shown fluence at the level of the target tissue which falls within the range of 0.9 J/cm2 to 15 J/cm2 is most effective in activating the biological processes at the cellular level which underlie direct photobiomodulation. If low-level infrared light from LED devices is not penetrating the scalp and skull, then these devices certainly are not delivering that level of fluence to the neurons of the subjacent brain. Alternative mechanisms, such as remote photobiomodulation, which may underlie the small and transient benefits for TBI symptoms reported for low-power LED-based NIR studies are presented. Actionable recommendations for the field are offered.

Повышение эффективности выявления антиконкурентных соглашений в государственных закупках: анализ цифровых инструментов и международных лучших практик / Enhancing Efficiency in Detecting Anti-Competitive Agreements in State Procurement: An Analysis of Digital Tools and International Best Practices

Detection of violations of competition law in public procurement processes under existing electronic systems requires significant resources. This article examines the effectiveness of various international digital tools and platforms in simplifying data analysis of procurement processes and uncovering anti-competitive agreements. Within the framework of the article, a study of international experience was carried out, and innovative solutions in the field were highlighted. The study suggests integrating advanced digital tools into a new e-procurement system. The main recommendations are related to the introduction of an automated tool for detecting and proving possible anti-competitive agreements in the e-procurement system, which will enable the revelation of interconnections between economic entities by identifying the characteristics of agreements restricting competition, as well as calculating and managing possible risks. The proposed changes aim to improve the identification of connections between business entities, highlight suspicious activities by the latter, and provide a flexible and interoperable system for comprehensive data analysis. These changes are expected to promote competition and transparency in public procurement.

Project performance factors in the domestic business support system in Kazakhstan: An empirical study

The relevance of the study is due to the importance of assessing projects implemented within the framework of the state business support system, in which entrepreneurs take an active part by submitting applications for various types of support, including investment subsidies, technical assistance in the implementation of quality management systems, export support, and educational programs. The study identified the main factors determining the successful implementation of projects aimed at supporting and stimulating business development. The research design of project implementation effectiveness factors in the business support system is a strategic approach that allows you to organize and structure the analysis of theoretical concepts, and also provides a basis for subsequent experimental research in a real practical project management environment. The research methodology includes the use of structural modeling, which is a validated technique for testing multiple parallel hypotheses about the existence of cause-and-effect relationships. The conducted survey of business entities in several regions of Kazakhstan and the subsequent data analysis confirmed the significance of the identified factors, as a result of which the identified analysis allows to better understand the processes occurring in the business support system and offer practical recommendations for its improvement, which can also serve as a basis for the development of more effective strategies and programs to support entrepreneurship in Kazakhstan.

Failure to care despite legal personhood for the environment

This paper explores two concepts of recent interest to Keebet von Benda-Beckmann, including notions of personhood as expressed in the law and diverse felt obligations of care. As with Keebet, we are interested in how both interrelate with legal pluralism. Both concepts enabled us to build on relational themes that have been gaining traction in social theories, and to ask about the extent to which legal orders differ in their approach to embedded legal personhood. In this relational context, the perception of care as a natural course of action (2021, 3) might or might not be extended to non-human entities and beings. We extend Keebet’s exploration of care and legal personhood by comparing two cases where international efforts have been directed towards better environmental care, the argan forests of Morocco and the open ocean as part of the “Blue Economy”.

SOME CONSIDERATIONS REGARDING THE ORGANIZATION ND THE ACTIVITY OF THE PUBLIC NOTARIES IN ROMANIA

Public notaries in Romania play an essential role in the legal and economic system of the country. They are responsible for the authentication of the legal documents, ensuring that comply with the law and that the rights and obligations of the parties involved are clearly defined and protected. Their activity is regulated by Law no. 36/1995, the law of public notaries and notarial activity.In the current economic and social context, public notaries contribute to the safety and stability of civil and commercial transactions, thus facilitating confidence in the market. They ensure the transparency and fairness of these transactions, which is crucial for the efficient functioning of the economy.The professionalism and impartiality of public notaries are guaranteed by rigorous training and strict compliance with deontological and legislative norms. Thus, public notaries in Romania are fundamental for ensuring legal certainty and for protecting the rights of citizens and legal entities.

Transfer Teknologi Pengolahan Sosis Ikan Thok Bagi Kelompok Masyarakat Gampong Neuheun, Kecamatan Mesjid Raya, Kabupaten Aceh Besar

The technology transfer program for processing Thok fish sausages has been implemented for the fisherwomen in Gampong Neuheun. Based on interviews, the main issues faced are the lack of skills in using materials, tools, and technology for processing Thok fish products. Additionally, the absence of a coordinating business entity for fish processing reduces community motivation. The aim of this activity is to provide Thok fish sausage processing technology to the fisherwomen in Gampong Neuheun. The implementation methods include surveys, socialization, and training, with evaluations through pre-tests and post-tests. Results show a 90% increase in skills and knowledge, as well as an 85% increase in motivation. This training facilitates the management of fish catches during the harvest season.

Impact of Islamicity on the productivity of conventional and Islamic banks in selected southeast Asian countries

This study provides a new understanding of how bank-specific characteristics, the macroeconomic environment, and Islamicity affect the productivity of conventional banks (CBs) and Islamic banks (IBs) in selected Southeast Asian countries. The data of 153 banks, collected between 2015 and 2020, were used, and the influence of the selected factors was investigated by using panel data approaches, as well as the data envelopment analysis-based Malmquist productivity index (DEA-MPI). In the first-stage analysis, bank productivity was measured by using total factor productivity changes (TFPC), and in the second-stage analysis, panel regression analysis was performed, specifically, multiple panel regression analysis, which employed pooled ordinary least squares, a fixed-effects model, and a random-effects model. Parametric and nonparametric (Mann–Whitney and Kruskall–Wallis) tests found that the IBs were more progressive than the CBs. The findings indicated that unlike the IBs, change in the productivity of the CBs was adversely affected by economic Islamicity, as well as legal and governance Islamicity, which indicated that macroeconomic and legal structures that leaned toward Islamic values adversely affected the CBs. Meanwhile, the IBs were likely to be structured in line with such values and thus can mitigate the adverse impact of various factors. Both groups were negatively affected by human and political rights Islamicity, which indicated the use of a setup that could not benefit from Islamic values. This finding lends credence to the arguments in the literature that IBs mirror CBs in practice to remain competitive in their pricing based on market principles. The IBs were found to benefit from international relations Islamicity, which bodes well for the competitiveness of new players against the ancient setup of CBs in the globalized world.

Legal implications of emerging technologies in maritime pollution monitoring and management

ABSTRACT Maritime pollution poses significant risks to marine ecosystems and human health, necessitating effective monitoring and management strategies. Integrating emerging technologies such as remote sensing, artificial intelligence (AI), and unmanned systems presents new legal challenges. This research examines the legal implications of these technologies in maritime pollution monitoring and management, focusing on existing frameworks like UNCLOS, MARPOL, and OPRC. Issues related to data privacy, security, and jurisdictional challenges are addressed. A qualitative analysis of scholarly works, reports, and case studies identifies key themes and gaps. Through a comprehensive review of international conventions and the Arctic Council's initiatives, this research provides recommendations for policymakers, legal practitioners, and stakeholders. The findings emphasize the need for adaptable legal structures to support the sustainable integration of emerging technologies, enhancing the effectiveness of maritime pollution management and protecting the marine environment.

Do early adopters raise barriers to the commercial take-up of strategic high-technology products?

ABSTRACT The objective of this research is to investigate whether the behaviors and preferences of early adopters can potentially hinder the widespread proliferation of strategic high-technology industrial products. Through an extensive analysis of data collected from 1285 communication satellites, our findings reveal a significant pattern: when early adopters demonstrate a high demand for product diversity and elevated levels of innovation, this tends to delay the diffusion of these technologies to the mainstream commercial adopters. Early adopters undeniably play a pivotal role in directing the development pathways of strategic industries; however, their insistence on high innovation and diversity creates technological barriers. These barriers, in turn, slow down the mass adoption by commercial entities, which rely on more stable and universally accepted technologies. Our research enriches the existing body of diffusion literature by offering a fresh perspective, focusing on the dynamics of adopter orientation as opposed to the traditional producer-centric view. The results from our study highlight the urgent need for the implementation of targeted policy interventions and strategies aimed at fostering more equitable and widespread diffusion processes. This would ensure that the benefits of innovation are more evenly distributed across a broader range of user segments. Moreover, our findings suggest that innovation policies need to address systemic failures within the innovation ecosystem, such as the lack of a dominant design which can further facilitate diffusion. This insight is particularly beneficial for policy-makers, providing them with critical information to determine the optimal timing for transitioning from mission-oriented policies that are aimed at establishing new markets, to product diffusion policies focused on rectifying market failures.