Comparative Study Of Law Research Articles

Remission of Debts to the State: A Comparative Study of Australian and Bulgarian Law

Remission of Debts to the State: A Comparative Study of Australian and Bulgarian Law

Goals, Effects and Challenges of the Financial Transaction Tax: A Comparative Law Study in France, Italy and Spain

The Preamble of the Spanish Financial Transactions Tax Law establishes that “[t]he shaping of the tax follows the line taken by our neighbouring countries, including France and Italy, thus contributing to greater coordination of these taxes across Europe.” In this sense, the Spanish tax shows important similarities with those established in France and Italy in relation to the levy on the acquisition of certain shares and securities representing the capital of a company for consideration. Nevertheless, both the French and the Italian taxes apply to other types of transactions, not covered by the Spanish Law, which is why it is necessary to carry out the corresponding comparative study. Furthermore, the effects that have arisen from the application of this kind of taxes to financial transactions merited a proper analysis in order to determine if the main goals pursued by these taxes have been achieved in an efficient way. In any case, there are emerging tax challenges in financial markets connected, on the one hand, to the use of crypto-assets and distributed ledger technology, and, on the other hand, to the implementation of artificial intelligence and machine learning and the fair taxation of these operations. In this sense, the Spanish tax presents important similarities with those established in France and Italy in relation to the levy of acquisition for consideration of certain shares and securities representing the capital of a company. Nevertheless, both the French and the Italian taxes subject other types of transactions, out of scope of the Spanish Law, which is why it is necessary to carry out the corresponding comparative study. Furthermore, the effects that have arisen from the application of this kind of taxes on financial transactions merited a proper analysis in order to determine if the main goals persuaded by theses taxes have been achieved in an efficient way. In any case, there are emerging tax challenges in financial markets connected, by the one hand, to the use of crypto-assets and distributed ledger technology; by the other one, to the implementation of artificial intelligence and machine-learning and the fair taxation of these operations.

‘Urf and Its Role in The Development of Fiqh: Comparative Study of Famliy Law Between Egypt and Indonesia

‘Urf and Its Role in The Development of Fiqh: Comparative Study of Famliy Law Between Egypt and Indonesia

Law libraries, copyright and digital lending

AbstractThe article titled “Law Libraries, Copyright and Digital Lending” aims to bring to the fore copyright issues related with digital lending by law libraries and is a comparative study of the copyright law of India and the United States. Accordingly, this piece will analyze the situation in two jurisdictions—India and the United States to understand the facilitation of digital lending by law libraries, particularly during the COVID‐19 pandemic. It will look at some key concepts such as publication, distribution, reproduction, controlled digital lending, fair use, fair dealing, public interest, exhaustion, and copyright infringement. To understand the practice of digital lending by law libraries in India and controlled digital lending in the United States the author interviewed a few librarians from both countries and learnt about the challenges faced by librarians to facilitate digital lending. The author also learnt that while librarians in the United States practice controlled digital lending, librarians in India do not; they practice only digital lending. Testimonies of librarians and analysis of the present law and precedents in India and the United States led the author to understand that there is no concrete law on digital lending by law libraries at present in the two jurisdictions. Accordingly, this article discusses the utility and necessity of digital lending by law libraries in the present times, as also that of controlled digital lending.

Sale of Rights in Dispute between Sharia Law and Algerian Law

The sales contract is one of the most important contracts in the lives of individuals and nations, as it is the customary means of exchanging money after the decline of bartering. With the passage of time, the shortcomings of bartering became evident due to the development of industry and commerce, and the varying needs of people. This led to the emergence of the sales contract, as it became a more suitable method of transaction compared to bartering, serving as a common ground for transactions between parties more than bartering. The aim of this research is to analyze the concept of rights sale in the conflict between Algerian law and Islamic law, and to understand the differences and similarities between the two legal systems in this context. Methods Used: An analytical methodology was employed, involving a comparative study of laws and judicial rulings in Algerian law and Islamic law pertaining to rights sale. Findings: The study revealed significant differences between Algerian law and Islamic law regarding the concept, conditions, and transactions of rights sale. Additionally, the findings pointed out some of the challenges and contradictions that arise when applying Sharia principles in a non-Islamic legal system.

The Path to Establishing an Antitrust Regulatory System for Self-preference of Digital Platforms

China's Anti-Monopoly Law currently fails to adequately cover the circumscribed regulation of self-preferential behavior on digital platforms. There are controversies in the academic circle about the definition of the illegality of digital platform self-preference. The purpose of this paper is to provide an institutional supply for the regulation of self-preference on digital platforms and to construct a localized system of self-preference on digital platforms through empirical research and comparative law study. Through the idea of "clear entry into the law - entry into the expansion - justified exemption", it defines, judges the illegality and regulates the self-preferential behavior of digital platforms, and explores the concise analysis path of anti-competitive behavior of digital platforms. It also explores the concise analysis path of anti-competitive behavior of digital platforms.

Predicting Legal Systems: An Artificial Neural Network Approach with Statistical Analysis for Comparative Study of Civil Law and Common Law Countries

Abstract This study compares countries with common law with countries with civil law systems and investigates the possibility of predicting legal systems using artificial neural networks (ANNs). The OLS model, ANOVA, ANN, and Tensor Flow are used in the research to analyze the data. The goal is to find out how board characteristics and country legislative frameworks affect how European corporations disclose their social performance. The performance of a hidden layer with five nodes is best, according to the ANN model. The model’s accuracy throughout testing and validation is 0.750. The confusion matrix shows that, of the four observations in the test set, three were correctly categorized as “Civil law” and one was incorrectly categorized as “Common law.” To evaluate the model’s efficacy, evaluation metrics are computed. The model’s accuracy is 0.750, which represents a prediction success rate of 75%. For the “Civil law” class, the recall (true positive rate) is 1.0, indicating that all “Civil law” cases are correctly identified. Metrics for the “Common law” class, however, are not available due to the scant amount of data that is available. The prevalence of countries with common law and civil law systems is compared in the ANOVA analysis. As shown by the computed F-value of 0.482, there is less variance inside each legal system than there is between the two. There is no statistically significant difference in frequency between the two legal systems, according to the p-value of 0.495. Overall, the research’s conclusions imply that social performance disclosure between countries with common law and civil law systems differs only slightly. The neural network model’s network weights provide insight into the importance of different features in prediction.

The Right to Conscientious Objection as a Constitutional Category: Selected Issues. A Comparative Study of Fundamental Laws and Constitutional Courts’ Jurisprudence

The article presents the results of a comparative study focusing on the right to conscientious objection in constitutions of modern states. This right is primarily associated with military service. In approximately a dozen constitutions, it stands as an independent, general right to conscientious objection. The constitutional scope of the given right is typically broad, with lawmakers seldom specifying the sources or conditions for its exercise. The contentious nature of the analysed right causes its explicit challenge in several constitutions. Case law, especially that of constitutional courts, reveals that the normative presence and the specifics of the right to conscientious objection within a particular legal system may not necessarily originate directly from constitutional provisions. Court decisions rendered in various countries sometimes attribute a constitutional character to this right, even when the fundamental law does not explicitly articulate it. Conversely, there are occasional restrictive interpretations of unequivocal constitutional provisions regarding conscientious objection.

Conceptualizing Nature as a Legal Subject: A Comparative Study of Laws Between Indonesia, New Zealand, and Ecuador

<p class="SJAbstractContent"><em>This paper aims to find out the extent to which Indonesia views the concept of nature as a legal subject. This research can provide comprehensive information and understanding, which focuses on comparative law and how the application of the Theory of Legal Transplantation. Two experiences have occurred, namely in New Zealand and Ecuador, which have answered the view of nature as a legal subject. Based on these two experiences, it becomes urgent in the preparation of this research to describe the concept of nature as a legal subject in Indonesia by comparing Indonesian regulations on environmental protection and examining how Indonesia views the concept of nature as a legal subject through the existing legal system, as well as definitive legal subjects. The method used is normative juridical with a comparative approach and conceptual approach. The writing of this legal Article has the novelty of discussing the application of Articles 66 and 91 of Law Number 32 of 2009, which explicitly discusses the concept of nature as a legal subject in Indonesia and the view of Legal Transplantation Theory. The results of this study indicate that Indonesia's Law on environmental protection still does not need to recognize nature as a legal subject. Still, with the experience of two countries that have accommodated nature as a legal subject, it is not impossible through Legal Transplantation Theory that the influence in the form of legal instruments or concepts can be transplanted to the Indonesian State as a source of environmental protection regulation formation.</em></p>

Особенности применения ч. 1. ст. 19.3 КоАП РФ при невыполнении законного требования сотрудника полиции о прекращении эксплуатации автомобиля с недостаточной светопропускной способностью стекол

Introduction. Driving a disabled vehicle with windscreens equipped with windows which light transmission does not comply with the requirements of the technical regulations on safety provides for administrative liability under Part 3.1 of Article 12.5 of the RF Code of Administrative Offences. The requirements issued by road safety police officers to stop unlawful actions have no clear legislative regulation; there are no sanctions in case ofreoffending. The purpose of the study is to determine the feature of the objective side of the administrative offence under Part 1 of Article 19.3 of the RF Code of Administrative Offences, when using a car with insufficient light transmission of windows. Methods. The methodological basis of the study is formed by dialectical method of cognition as a fundamental method of scientific analysis of the social and legal reality, as well as general scientific methods of research: theoretical analysis, comparative study of law, technical and legal analysis, specification, clarification and interpretation. Results. According to the legal experience, drivers who disobeyed orders to remove the vehicle malfunction and repeatedly reoffended under Part 3.1 of Article 12.5 of the RF Code of Administrative Offenceshave become subject to administrative liability in accordance with Part 1 of Article 19.3 of the RF Code of Administrative Offences. If a police officer has violatedthe procedure, the judicial authorities stop proceedings due to the lack of evidentiary support based on which the decree was issued. Conclusion. The legal basis for bringing a person to administrative liability under Part 1 of Article 19.3 of the RF Code of Administrative Offences comes into existence at the moment of driving a disabled vehicle, in which the operation of vehicles is prohibited in accordance with the Highway Code. Driving a vehicle with windows, the light transmission of which does not meet the requirements of the technical regulations on the safety of wheeled vehicles, is a violation of the Highway Code. Disobedience to the lawful demand of a police officer to stop the operation of a vehicle with insufficient light transmission of windows shall form the objective side of an administrative offence under Part 1 of Article 19.3 of the RF Code of Administrative Offences.

The Provisions of Professional Zakat; Between Zakat on Agricultural Products and Zakat on Gold

Professional zakat is a new problem in the field of fiqh, and the issue of professional zakat is hotly discussed, starting from its understanding and legal basis to the procedures for its implementation. This article is classified as literature research with a qualitative approach. The methodology used is a comparative study of law. The results of the study concluded that there were differences among scholars on professional zakat in terms of its legal basis; some scholars mentioned departing from the construction of qiyas against al-mal al-mustafad. Others say that the basis is Q.S. Al-Baqarah/2:267. While in terms of implementation, some scholars argue that the qiyaskan nisab and qadar zakat professions are the same as agricultural zakat, which does not require hauling. Others argue that the nisab and qadar zakat professions are the same as nisab and qadar zakat al-mal al-mustafad, which is 85 grams of gold but does not require hauling, while zakat al-mal al-mustafad requires hauling. There are also scholars who argue that the nisab and qadar zakat professions are qiyaskan to nisab and qadar zakat gold and wear haul.

A comparative study of earthquake disaster management laws between USA and Indonesia.

The findings of this study are expected to serve as evaluation material and to improve government effectiveness in dealing with natural disasters.

Legal Protection for Minority Shareholders Arising from the Delisting of Issuer Shares (A Comparative Study of Indonesian, United States, and Singapore Law)

This research paper provides a comparative analysis of the legal frameworks governing the delisting of issuer shares in Indonesia, the United States, and Singapore. Using a normative legal research approach, supplemented by interviews with members of the Financial Services Authority (OJK) and a Member of the House of Representatives Commission XI, the study explores how each jurisdiction addresses the delisting process, particularly focusing on the protection of minority shareholders . The analysis reveals that Indonesia's legal system, influenced by its Civil Law heritage, contrasts with the Common Law approaches of the US and Singapore, especially in terms of shareholder involvement in voluntary delisting and the specificity of conditions for forced delisting. The study suggests enhancements to the Indonesian framework, such as clearer guidelines for shareholder approval in delisting decisions and more transparent criteria for forced delisting. These recommendations aim to improve the protection of minority shareholders within Indonesia's Capital Market.

Uqubat Ta'zir Jarimah Murtad; Konversi Agama untuk Kepentingan Politik

Although restrictions on religious freedom are stipulated in the Qanun, However, judging from modern legal science, both state law and international law, there is no formal law that regulates the sanction of converting, namely apostate fingers. Unlike Aceh, as an Islamic sharia region, Aceh has its own qanun where apostates will be subject to sanctions in the form of flogging, fines, imprisonment, and coaching to re-embrace Islam. This regulation is certainly a serious topic both from the perspective of Islamic and national legal authorities, especially how human rights institutions both locally and nationally respond to it. This article is classified as literature research with a qualitative approach. The methodology used is a comparative study of law, especially between conventional law and Aceh Qanun. The results of the study concluded that sociologically, regarding freedom of religion in Aceh Province, it does not conflict with international human rights because the uqubat ta'zir given to perpetrators is approved by all levels of Acehnese society. Precisely if uqubat ta'zir is not given to the perpetrators of apostate jarimah, then the stability of security and religious order in the province is shaken, and minorities, namely people of religions other than Islam, do not feel oppressed by the sociological impact of the law applied by the people of Aceh.

Perbandingan hukum perampasan aset hasil tindak pidana korupsi di Indonesia, Singapura Dan Hongkong

Corruption in law is a chronic issue with corrosive effects. In Indonesia, there institutions involved in handling criminal acts of corruption; the prosecutor`s Office, the Police, and the Corruption Eradication Commission (KPK). However, corruption cases in Indonesia continue to increase and fluctuate in their eradication efforts. The KPK is the main institution tasked with combating corruption in Indonesia, but it is perceived as not yet maximizing the seizure of assets resulting from corrupt activities. Singapore has a reputation for being stringent in combating corruption, boasting a powerful anti-corruption institution known as the Corrupt Practices Investigation Bureau (CPIB), which holds authority to investigate and prosecute corruption cases without political intervention. Hong Kong has an Independent Commission Against Corruption (ICAC) that has significantly succeeded in eradicating corruption. A comparative study of laws regarding the confiscation of assets resulting from acts of corruption in Indonesia, Singapore, and Hong Kong is needed to identify similarities, differences, and to analyze the similarities and differences in asset seizure resulting from corruption between the Indonesian Corruption Eradication Commission and the Corrupt Practices Investigation Bureau Singapore, and the Independent Commission Against Corruption Hong Kong

Endowment Sukuk (Shares) to Finance Scientific Services in Universities (A Comparative law Study)

The endowment was one of the most important means of scientific, intellectual and cultural progress for the Islamic countries throughout the years of our civilization; as it contributed to building the edifices of science and culture, and publishing them through mosques, schools, institutes and libraries. A large group of scholars, innovators, and researchers graduated from these endowment scientific institutions in various branches of human and cultural knowledge. Today, the endowment plays a prominent leading role in the scientific renaissance and knowledge advancement in the Islamic society. Also, many universities in Islamic and non-Islamic countries rely on the endowment to finance their scientific and research activities, and to raise the level of their research, researchers, and graduates. This study aims to clarify the importance of endowment Sukuk to provide cash liquidity for educational services, and to provide the necessary tools for these services, and the possibility of providing scientific competencies specialized in the various fields of teaching and scientific research, to contribute to scientific and social progress. This research study also combines the deductive and inductive approaches, in addition to following the comparative jurisprudential research methodology, by studying, analyzing and deducing in the light of the writings of scholars and researchers.

Legal Translation in Algeria: The Justice Scales to The Test of Equivalence

Legal translation is a specialized area of translation that requires a deep understanding of legal ‎systems, legal terminology, and the cultural context in which the legal document was created. ‎In Algeria, legal translation plays a critical role in facilitating communication and ensuring the ‎accuracy and clarity of legal documents. This paper will explore the challenges and ‎considerations that legal translators in Algeria face, including linguistic, cultural, and legal ‎factors. Through a thorough analysis of legal translation in Algeria, this paper seeks to shed ‎light on the essential role that legal translation plays in promoting access to justice and ‎maintaining the integrity of legal systems in Algeria, where legal translation is particularly ‎important due to the country's unique, complex, and diverse legal system, which combines ‎elements of French civil law and Islamic law, in addition to the multiple official languages, ‎including Arabic, French, and Berber. Moreover, the legal documents that require translation ‎in Algeria range from contracts and agreements to court documents and legal judgments. ‎These documents often have significant legal consequences, making accuracy and precision in ‎legal translation critical. In this context, it is essential for legal translators in Algeria to have ‎specialized training and expertise in legal translation to ensure that legal documents are ‎accurately and effectively translated across different languages and legal systems using all ‎types of equivalence for terms and concepts dealt with and comparative law study for the text ‎to be translated. ‎

Supervision of Beneficial Owners in Limited Liability Companies (Comparative Study of Indonesia-Germany Law)

The purpose of this study is to find out and analyze the general beneficial owner regulation in Germany, specifically related to fines, information transparency, and the role of Notaries in the registration of beneficial owner information and to know and analyze what Indonesia can implement lessons to improve beneficial owner regulations beforehand. The type of research in this study is normative juridical. Based on the research that has been done, the results obtained are. As for the learned that Indonesia can learn from Germany, namely the application of fines for parties who do not register beneficial owner information, then provide a separate container to hold beneficial owner information data, and provide access for other parties to register the beneficial owner where so far, it can only be done by a Notary

Yesterday and today of the religious fact from the registration of the church to the new context of the metaverse: special constitutional approach from Spain

In a multicultural society of change like the one that happens to us, the religious fact continues to have a transcendental role, an issue that also implies legal considerations that must be studied and considered. From this premise we will address, especially in constitutional terms, two phenomena that will undoubtedly be a space for future decisions that offer fair legal consequences and measures. In the first place, the resolution of the socio-political controversy that has arisen in recent years on the registration of the goods of the Catholic Church in Spain, giving a peripheral vision, offering a study of comparative law in this regard; and secondly, we will offer the legal arguments to scaffold an approach about how an ex novo cybernetic environment should be legally treated by the current system for the religious fact in a virtual reality of massive social interaction such as the metaverse.

KRITIKAL ANALISIS PENEGAKAN HUKUM TERHADAP TINDAK PIDANA CYBER PORNOGRAPHY: KAJIAN PERBANDINGAN HUKUM NEGARA INDONESIA DAN CHINA

The rise of cyber pornography is a crucial problem that attacks the morals of the young generation in various countries. Every country in the world has different regulations in handling cyber pornography crime as a form of prevention. Indonesia until now still has difficulties in suppressing the high crime of cyber pornography, therefore good regulation and law enforcement are needed to suppress the high cyber pornography. Reflecting on China which has proven and succeeded in suppressing the high crime of cyber pornography. By using the legislative approach and comparative approach, this research proves that by conducting a comparative study of law with other countries, namely China, it can be an alternative to national law reform, especially in dealing with the rise of cyber pornography in Indonesia.