M. Taufiq, Mochamad Reza Kurniawan, Ananda Salsabila Kenyo
In the rapidly evolving digital era, personal data has emerged as a valuable asset, necessitating comprehensive legal frameworks to ensure privacy and security. This study aims to compare the legal protection of personal data under Indonesia’s Personal Data Protection Law (UU No. 27/2022) with the European Union’s General Data Protection Regulation (GDPR). Utilizing a normative legal research method and comparative approach, this research analyzes core principles, data subject rights, the obligations of data controllers and processors, as well as supervisory and enforcement mechanisms in both legal systems. The findings reveal that while the Indonesian PDP Law shares several foundational elements with the GDPR it remains less developed in terms of procedural detail, institutional readiness, and enforceability. The GDPR offers a more mature and integrated approach, featuring robust data subject rights, mandatory Data Protection Impact Assessments (DPIAs), independent supervisory authorities, and extraterritorial applicability. To align with international best practices and adequately protect citizens' digital rights, Indonesia must enhance the implementation of its PDP Law through clearer regulations, stronger enforcement institutions, and broader public awareness. This comparative analysis contributes to the academic discourse on data protection and offers practical insights for policymakers and legal practitioners in emerging digital economies.
The article provides a comparative analysis of the conditions for the set-off of counter-homogeneous claims in the civil legislation of European countries and the main regulatory acts of European contract law. It is concluded that the set-off of counter-homogeneous claims is a method of terminating obligations, which has found its consolidation in virtually all European legal systems. The following conditions for the set-off of counter-claims are characterized: the indisputability of claims, the possibility of claims for judicial protection, the onset of the performance deadline, the uniformity of claims, the belonging of claims to the debtor and the creditor, the possibility of set-off in the event of the expiration of the limitation period, set-off at the request of the party (at its will) or by virtue of the very fact of the emergence of counter-homogeneous claims. Separate attention is paid to the differences in the legal regulation of the conditions for the set-off of counter-homogeneous claims in the civil law of Germany, France, and Austria. It is emphasized that in the civil legislation of such European countries as France and Austria, the set-off of counter-homogeneous claims is carried out by virtue of the very fact of the emergence of such counter-claims that meet the conditions necessary for set-off, that is, it is not required to make a transaction to terminate the obligation by set-off. It is emphasized that in the civil legislation of Germany, the set-off of counter-homogeneous claims is carried out in the form of an extrajudicial unilateral statement, which, as a rule, does not have retrospective effect: the obligation is terminated from the moment of the statement, and not from the moment of the emergence of the right to set-off. It is noted that in the law of the countries of the continental legal family, the set-off of counter-claims is an institution of substantive law and at the same time, attention is focused on the fact that the procedural set-off of counter-homogeneous claims is inherent in common law legal systems. Separately, the paper also indicates the possibility of both judicial and extrajudicial set-off of counter-homogeneous claims in different legal systems. The conditions for the set-off of counter-homogeneous claims in such basic normative acts of European contract law as the Principles of European Contract Law (PECL), Principles of International Commercial Contracts (UNIDROIT), and the Draft Common Coordinate System of European Private Law (DCFR) were reviewed. It was concluded that the provisions of the above-mentioned norms of European contract law may be useful in the process of recodification of the civil legislation of Ukraine.
Technological advancements in the field of artificial intelligence are increasingly bringing us closer to the possibility of incorporating automation in administrative decision-making. This tool would yield significant benefits in key areas such as efficiency and improvement of public services. However, it also poses risks, such as the potential loss of empathy that public workers contribute to decision-making and even the displacement of administrative personnel engaged in the processing of files. This study aims to delve into the aspects where the implementation of automated administration would be feasible, distinguishing between rule-based and discretionary decisions. Administrative mediation and artificial intelligence have distinct but teleologically complementary scopes of applicability within these powers. Consequently, we will explore how the role of the administrative mediator can represent a new administrative employment opportunity resulting from these new technological advancements, in search of the empathy and humanity compromised by the purely objective and amoral actions of any form of artificial intelligence.
Public law, Regulation of industry, trade, and commerce. Occupational law
Réfléchir à l’émergence du concept de « culture de constitution » dans le débat académique pose la question de l’intériorisation par les acteurs politiques et juridiques des formes constitutionnelles dans leurs pratiques politiques. Inscrit dans une démarche comparatiste, ce phénomène permet de mettre en évidence des trajectoires nationales singulières, déterminées par l’histoire, les mœurs, les contextes sociaux et les règles de droit. Ce concept devient ainsi un étalon pour éprouver la légitimité et l’adhésion ressenties à l’égard de la Constitution. Une telle méthode juridico-culturelle nous informe plus largement sur la fonction réflexive du droit constitutionnel comparé : « connaître l’autre pour mieux se connaître soi-même ».
Testing of evidence in an alleged sexual assault case not only seeks to address the question of who was involved, but also looks to answer the question of what biological source provided the DNA. It can be difficult to obtain positive serological data on challenging samples such as laundered items, low-level DNA samples, or sexual assault kit swabs obtained after a prolonged interval from the time of assault. In the absence of confirmatory serological results, an expert witness often cannot speak to the biological source of the DNA. In order to determine quantitation thresholds which could be used to deduce the presence of spermatozoa (sperm) within a sample, we evaluated the fractionation of male DNA utilizing our laboratory’s differential extraction method. Study samples included serial dilutions of semen and semen/saliva mixtures, post-coital and laundered samples as well as casework data from 1,729 samples that were processed using a differential extraction. Based on this data, it was determined that a sample which had at least 200 picograms of male DNA and at least 10% of the total male DNA in fraction 2 (F2, also known as the sperm-enriched or sperm fraction) could be reported as positive for the presence of sperm. No false positive results were obtained from the study-generated samples when using these thresholds to infer the presence of sperm. Additionally, samples that contained sperm, but were negative using traditional serological methods, could be detected. However, not all sperm-containing samples fractionated above both thresholds; therefore, serological testing may still be necessary to minimize false negative results. The thresholds developed here, proved reliable to deduce the presence of sperm in real casework samples.
The study aims to study the provisional attachment of documentary letters of credit to prevent the beneficiary from liquidating the value of the credit as the beneficiary used fraudulent methods without which he would not have been able to obtain the value of the credit. The study follows the descriptive analytical comparative approach. It will discuss the legislative and judicial efforts related to the provisional attachment of documentary letters of credit. This will lead us to the comparative approach to comparing what is stated in Emirati and Saudi law and the judgments. The study concludes several findings, including that documentary letters of credit are an unquestionable means of success in international trade operations, especially since they discuss the problems of geographical distance between the seller and the buyer. However, fraudulent behaviors by sellers (beneficiaries of the documentary letters of credit) disrupt the dominance of documentary letters of credit as the most important means of payment in international trade transactions. The study concludes with several recommendations, namely: the necessity of adopting the Uniform Customs and Practice (UCP) for Documentary Letters of Credit as a rule to eliminate instances of fraud in its transactions.
A human right to the environment is increasingly recognised in both domestic and international law. Also in Polish legal scholarship, there is a discussion over the possibility of deriving a right to the environment from the Constitution or ordinary statutes, including Article 4(1) of the Environmental Protection Law Act. The existing English translations of its opening words, and specifically the term powszechne korzystanie ze środowiska, appear to mirror the legal controversy. Compared to Poland, the major common law jurisdictions, i.e. England and the USA, show multiple differences in respect of the public’s enjoyment of the environment. In addition to a distinct legal mentalité, grounded on a case-by-case approach, negative freedoms and remedies thinking, both jurisdictions are characterised by considerable private ownership of natural resources like rivers and forests. In view of this legal and translation problem, the present paper seeks to employ comparative law methodology to establish an acceptable English translation equivalent of the term powszechne korzystanie ze środowiska. The analysis is also an attempt to go beyond the ways in which the use of comparative law in legal translation is typically perceived, i.e., beyond functionalism, beyond micorcomparison and beyond conceptual analysis.
The 30th anniversary of the Constitution of the Russian Federation provides an opportunity to reflect on the path travelled by the Russian constitutional system and outline the directions for its further development. The Constitution of the Russian Federation is a unique model of constitutional regulation that proves its effectiveness in the context of globalization and large-scale crises. At once, it obviously contains principles and norms that reflect the trends of world’s modern constitutional law. The guarantees of human and civil rights manifest the concept of natural human rights and express principles and norms proclaimed by the Universal Declaration of Human Rights and international covenants. At the same time, it contains wordings, which declare certain rights as a negation to the Soviet practices in the past. Chapters “The Fundamentals of the Constitutional System” and “The Federal Structure” contain a bunch of original formulations. Human rights are proclaimed as the highest value; a single state ideology and a single religion are denied. The Constitution consolidates the historically established system of various types of federal subjects. Concurrently, there is an obvious need to create a model of a more simplified structure, taking into account the experience of foreign federations. With regard to the principle of separation of powers, there is an original innovation, as the constitutional lexicon introduces the concept of “Public Power”. The unified system of public authority includes state power and local self-government. This requires further comparative studies on separation of powers models that move further away from the traditional three powers model. Finally, the new tasks of the country’s legal development involve the introduction of the fundamentals of comparative law and its methodology into the educational process.
The Arab uprisings of 2010-2011 generated a growing movement for change among the judicial corps throughout the Arab world. Judges and prosecutors created independent associations in Morocco, Mauritania, Yemen, Libya, Lebanon, and Tunisia to represent their interests and promote a better administration of justice. Since the March Revolution of 2011 in Syria, members of the judiciary also attempted to create their own association, but failed to do so. This article briefly outlines the demographics of the judicial corps after ten years of conflict in Syria. A noticeable change is the increase in the number of women in the judiciary and their promotion to positions of power. How have women judges and prosecutors used the greater authority granted to them? To the advantage of the regime, as a means for self-promotion or to better defend the rights of all? The second part of the article details the progressive disempowerment of the judiciary, the expansion of the criminal justice system and the creation of the Counterterrorism Court used by the regime to quash the popular uprising. In the final section, stories of off-bench resistance highlight efforts made by judges and prosecutors to defend their judicial autonomy and the basic human rights and freedoms of all Syrians.
Introduction: the article is devoted to theoretical aspects of the implementation
of personal responsibility of the Chairman of the Government of the Russian
Federation to the President of the Russian Federation. The author analyzes Article
113 of the Constitution of the Russian Federation, as well as norms of the Federal
Constitutional Law “On the Government of the Russian Federation” regulating
personal responsibility of the Chairman of the Government of the Russian
Federation in case of improper execution of his powers. It is noted that personal
responsibility arises in the process of carrying out certain activities, within the
framework of which a respectful and positive attitude of the subject to this activity
is formed in order to achieve a positive result. Purpose: to give a theoretical and
legal characterization of personal responsibility, as well as consider problematic
issues of its implementation. The authors formulate the following research
tasks characterizing the logical chain of reflections on personal responsibility
and punishment of the Chairman of the Government of the Russian Federation:
to consider general issues of personal responsibility of the Government of the
Russian Federation; analyze key elements of personal responsibility; characterize
the basics for implementing Article 113 of the Constitution of the Russian
Federation and identify certain aspects. Methods: the methodology is determined
by the specifics of the legal regulation of personal responsibility implementation.
The article uses a complex of general scientific (dialectical, analysis and
synthesis, system-structural approach) and special cognition methods. The
formal legal method helps analyze provisions of legal acts regulating the process
of implementing personal responsibility. Results: Personal responsibility can
be realized both in positive and negative aspects. At the same time, there are 2
types: constitutional and legal, and disciplinary responsibility. The author models
the process of implementing personal responsibility on the example of bringing
the Chairman of the Government of the Russian Federation to legal liability.
Conclusion: based on the conducted research, it is concluded that there are
many unresolved problems of an applied nature in the field under consideration,
which do not allow us to talk about effectiveness of personal responsibility. The
legislative consolidation of this type of responsibility does not clarify the process
of its implementation. It is necessary to actively continue scientific research and
legislative initiatives on the analyzed issue, which will improve the quality of public administration.
In times of a climate emergency, the law plays an important role in finding (legal) solutions to damaging processes such as environmental degradation. The role of public international law in areas related to the environment has been analysed by Markus Vordermayer-Riemer initially in a doctoral thesis while having been a research assistant at the Institute of International Law of Ludwig-Maximilian University in Munich. Based upon the thesis, Vordermayer-Riemer has recently published a long, but comprehensive book on Non-Regression in International Environmental Law: Human Rights Doctrine and the Promises of Comparative International Law. Focusing on international treaties, the book looks at non-regression from the perspective of human rights law (Part I), environmental treaty regimes (Part II), and comparative international law (Part III). ‘(T)he central hypothesis of the (...) book is that human rights treaties and [multilateral environmental agreements] may have much more in common than is usually thought’ (Page 28). Human rights treaties and multilateral environmental agreements are, therefore, considered together in Part I and II, while comparative international law is introduced in the final part in order to build on encountered traces and to examine the potential of ‘mutual inspiration’ of human rights law and international environmental law. Part I consists of three chapters and covers the human rights angle of the book. The first chapter provides important background on the sources and interpretation of international human rights law. The second chapter solely covers the International Covenant on Economic, Social and Cultural Rights. Different regional human rights regimes such as the European Social Charter and the Inter-American Human Rights system are covered in the third chapter. Altogether, Part I provides a detailed analysis of progressive obligations and non-regression on the respective human rights frameworks. A conclusion covering the characteristics, strengths, and shortcomings of each regime can be found at the end of every section, or if applicable, at the end of the chapter. Part II of the book is also divided into three chapters and examines whether corresponding or similar normative elements have emerged in international environmental law. Chapter 4 lays out the sources of international environmental law and the interpretation of multilateral environmental agreements. A deeper insight into environmental regimes is provided in the following two chapters, covering the climate change legal regime (Chapter 5) and environmental agreements, focusing on the conservation of biodiversity, such as the Convention on Biological Diversity and the Convention on the Conservation of Migratory Species of Wild Animals (Chapter 6). Book Review
The fields of comparative law and law and economics have not had a happy or productive relationship. There are recent notable exceptions, such as comparative corporate governance, comparative constitutional law, and comparative competition law, but we are surprised by that limited cross-fertilization, given that so many other areas of law have found concepts from law and economics helpful and, in some instances, transformative. To try to understand this phenomenon, we first examine a twenty-five-year attempt by an international group of legal and economic scholars to foster interaction between the two fields. We then examine the recent history of the field of comparative economics and its successor field, transition economics, with mainstream economics to see if there are lessons from that literature that help to explain the relative paucity of a comparative law and economics literature. We next look at one notable recent attempt to use law and economics to examine a comparative law topic—the legal origins hypothesis. We also speculate on the extent to which the status of comparative law within American law schools and the overselling of the revolutionary aspects of law and economics might help to explain the frigid relations between comparative law and law and economics. Finally, we seek to propose a way forward in which each field can learn from the other, while also recognizing that we may be expecting too much too soon. The “silent artillery of time” may be the great spur to this particular scholarly cross-fertilization.
Determining the law applicable to an arbitration clause is a controversial issue in international commercial arbitration doctrine and practice. An arbitration agreement is of an autonomous nature and, therefore, the parties to the transaction are free to choose the law applicable to it. In practice, however, counterparties very rarely specify the law governing the arbitration clause. By applying a comparative method, the authors examine three main approaches which have emerged in the international arena, noting a wide variety of views and numerous instances of competition between the decisions of courts in different jurisdictions. Like some other jurisdictions, by reference to the provisions of the 1958 New York Convention, the Russian Federation has expressly opted for the law of the place of arbitration unless the parties have expressly agreed otherwise. On the other hand, a large number of jurisdictions have taken the approach that the law of the underlying contract is the law applicable to the arbitration agreement. The article also deals with the possibility of applying “cross-border” rules to the arbitration agreement. The authors examine in detail the practice of English courts. Thus, the authors study the criteria elaborated in the 2012 judgment of the appellate court in Sulamerica v. Enesa Engenharia. In the course of review of a complaint filed in another case, Enka v. Chubb, in October 2021, the UK Supreme Court added complexity to the English approach by making it less clear. Also in 2021 in its ruling in Kabab-Ji SAL v. Kout Food Group on enforcement of an arbitral award, the UK Supreme Court confirmed this approach, but its conclusions on the law applicable to an arbitration agreement were at odds with the conclusions of a French appellate court which was guided by a different test while considering an application to set aside the same arbitral award. Particular attention is paid to the validation rule, which is directed to the construction of an arbitration agreement in favor of its validity. Many European jurisdictions have enacted this approach as a law, and more and more researchers support it as a baseline in determining the governing law. The authors conclude that the absence of uniform and comprehensible criteria for establishing the law governing an arbitration agreement causes considerable difficulties and remain sceptical about the idea of an international consensus on this problematic issue.
Due diligence is a frequently employed notion in international law, yet much is still to be explored about this concept. This article aims to contribute to an understanding of due diligence obligations in international law, which is useful as it can form the basis for a further clarification of corresponding legal rights of subjects of international law. With this purpose in mind, this article initiates the construction of a working model of due diligence in international law by exploring this notion from two perspectives: an accountability perspective and a regulatory perspective. Subsequently, this article will use this model to compare the operation of due diligence obligations in two branches of international law: international environmental law and international human rights law. In doing so, it will become clear that due diligence contains two core elements: ‘reasonableness’ and ‘good faith’. Moreover, it will become apparent that the operation of due diligence obligations in these two branches has implications for systemic issues in international law. Further research on the operation of due diligence obligations in other branches of international law is therefore recommended.
Boglárka Bólya, Bence Ákos Gát, Olivér Márk Kilényi
et al.
On June 21, 2021, the Hungarian Ministry of Justice (Deputy State Secretariat for EU Relations) and the Ferenc Mádl Institute of Comparative Law (MFI) organised a high-profile international conference entitled ‘Dialogue on the Future of Europe: Building a Digital European Union’ as part of a series in which two previous conferences were held on June 25 and September 21, 2020. By organising these events, Hungary is among the first Member States to launch a dialogue as part of a series of discussions on the future of Europe. As a proactive actor, Hungary has contributed to the ongoing exchange of views offering a comprehensive assessment of and approach to the digital developments and perspectives of the European Union. The June 21, 2021 conference – composed of three thematic panel discussions – focused on the future of digitalisation and competitiveness in the European Union. Highly accomplished national speakers such as Hungarian Minister of Justice Judit Varga and Hungarian Member of Parliament and President of the Economic Committee Erik Bánki and international speakers such as Commissioner Mariya Gabriel and State Secretary Ana Paula Zacarias gave presentations outlining their visions. This article summarizes those presentations. In addition to public officials and economic actors, academic experts and researchers on digital transition also gave presentations at the conference. The conclusions drawn from their exchanges of views seek to contribute to the creation of sensible decisions leading towards a digital future, while also raising public awareness regarding digitalisation, a realm of growing influence on policymaking.
Easy access to the world of information technology currently impacts the rise of cybercrime, including the crime of online gambling. Many efforts have been made by the government and law enforcers, including, in this case, the police, to prevent and take action against this online gambling crime, either block sites that are gambling arenas or improve the national security system to stop these gambling sites. This research aims to look at law enforcement against online gambling crimes in Bandar Lampung City and determine the factors that became an obstacle in law enforcement of online gambling crimes at Lampung Regional Police. This research method uses a normative juridical approach. Based on the discussion and research results, law enforcement against online gambling crimes in Bandar Lampung City is carried out by applying the instrument of Article 303 of the Criminal Code rather than Article 27 Paragraph (2) Jo. Article 45 of the ITE Law. The research also shows the factors that became an obstacle in law enforcement of online gambling crimes at Lampung Regional Police are: (1) Longer Detention Period for Online Gambling Crimes in the Criminal Code Instruments than the Gambling Control Act, (2) Lack of Investigators' Awareness in Information Technology, (3) Use of Electronic Evidence Requires Expert Information is inhibiting law enforcement against online gambling crimes in Bandar Lampung. Suggestions from the research are to conduct information technology guidance training to the Bandar Lampung Police Investigation and Criminal Unit.
The concept of person, which is the main subject of all branches of law, has an important place in the world of law. Because the person is the owner and subject of the rights and obligations regulated by the rules of law. A human being is accepted as a person by birth and depending on this aspect, he has the capacity to have rights. In the ordinary course of life, the rights that depend on the person may be terminated in various situations. Person and personality related rights, their beginning and end are expressed in the context of the Turkish Civil Code. In this respect, the person who is determined as the inheritor with the termination of the personality in the form and/or situations specified in the laws cannot establish new legal transactions in the legal order. However, following the termination of the personality, some legal actions may need to be completed. One aspect of the legal proceedings within this scope is the effects of death (termination of personality) on the Turkish Tax System. In other words, in case of death, the tax transactions of the deceased will have to be carried out for the heirs whose refusal has not been inherited, for the new liability that will occur after death. The article was examined in a purposive, complementary and descriptive framework, and the death of the taxpayer and the features that emerged in the Turkish Tax System were emphasized, and the effects of the termination of the personality on the current legislation were revealed. In this context, the effects of the termination of personality within the framework of natural persons will be evaluated in the eyes of the laws within the scope of the Turkish Tax System.
Abstract In the more recent decades, international investment law (“iil”) and arbitration have been going through a process of recalibration prompted by both the intensification of cross-border capital flows and the States’ growing concerns over the potential restraints iil may impose upon the pursuit of public interests. The present contribution will pay attention to a specific feature that can be observed within these developments, i.e. the role played by soft law in investment arbitration and, more generally, under iil, also with a view to assessing the impact on the formation of binding international law of instruments formally devoid of normative force within the international legal order. After an introduction (Section 1), the contribution is articulated into four sections. Section 2 will first define the field of investigation. The case law of investment tribunals and the treaty practice under the more recent iia s will be then explored as to the reliance on soft law instruments for the purposes of settling procedural (Section 3) and substantive issues (Section 4). Some final remarks will close (Section 5).
The article addresses critical issues of law, policy and practice related to the right to cross-border identity of individuals with Eritrean and Ethiopian ancestry. It makes a call for a holistic approach in addressing the rights of such individuals, who are believed to form a considerable proportion of the total population in both countries, if not the majority. The article’s central argument is framed in the context of the developing norm of the right to dual nationality of those who have recognised origins in more than one country. It gleans insights from international and comparative law perspectives, by looking into the practice of some states that allow dual nationality. The argument aligns with fundamental principles of equality and the right to non-discrimination based on one’s national origin, as enshrined in various instruments of International Human Rights Law (IHRL). By making an explicit call for the recognition of dual nationality of individuals with Eritrean and Ethiopian ancestry, the article also argues that attendant questions and answers surrounding the issue of cross-border identity need to be ironed out in a sustainable manner in forthcoming rounds of negotiations between the governments of the two countries. This is imperative for ending the prolonged suffering of thousands of people from both countries, fulfilling also the international obligations of both states, all of which are important for ushering in a lasting peace between the two countries.
‘When I was your age, Pluto was a planet’ was a popular joke after the celestial body’s reclassification as a ‘dwarf planet’. In many ways, the story of Pluto is an appropriate metaphor for the United Kingdom after Brexit. Just as textbooks on astronomy had to be updated to reflect Pluto’s changed status, legal scholarship needs to adapt to the fact that the UK is relegating itself into the outer orbits of the European system of integration and cooperation, yet remains unable to break free from the centre’s gravitational pull. Crucially, the UK has become an object of EU external action, rather than a subject that can manipulate the levers from the inside. This change is also of particular significance for the scholarship of EU external relations. Highlighting, organising, and explaining the changes that Brexit causes for the field and with a view to charting its way forward, this article argues that the UK’s withdrawal will contribute to the further normalisation of EU external relations law as a field of scholarship. Following a brief explanation of why EU external relations law is a doubly peculiar area of scholarship and an overview of the origins and development of EU external relations law as a field, the article elaborates on three main consequences of Brexit for EU external relations law research and explains how each contributes to normalisation: disposing of the most ‘awkward member’, boosting reforms for greater effectiveness, and infusing a sense of geopolitical realism.
Law of Europe, Comparative law. International uniform law