Comparative law
View article: Legal and Cultural Practices in Child Marriage: An Ethnographic Study of the Dayak Indigenous Community
Legal and Cultural Practices in Child Marriage: An Ethnographic Study of the Dayak Indigenous Community Open
This article analyzes child marriage among the Dayak Bakumpai through hatamput marriage as a site of conflict between legal regimes. The central issue is the clash between Law No. 16 of 2019, which sets a minimum marriage age of 19, custom…
View article: From Cicero to AI - The Need for a Legal Framework Recognizing the "Electronic Legal Person"
From Cicero to AI - The Need for a Legal Framework Recognizing the "Electronic Legal Person" Open
This article examines whether and under what conditions autonomous artificial intelligence systems could be recognized as subjects of law alongside natural and legal persons through the construct of an electronic legal person (ELP). Drawin…
View article: From Cicero to AI - The Need for a Legal Framework Recognizing the "Electronic Legal Person"
From Cicero to AI - The Need for a Legal Framework Recognizing the "Electronic Legal Person" Open
This article examines whether and under what conditions autonomous artificial intelligence systems could be recognized as subjects of law alongside natural and legal persons through the construct of an electronic legal person (ELP). Drawin…
View article: Prophetic Law in Modern Business: Integration of Humanization, Liberation, and Transcendence in Commercial Contracts
Prophetic Law in Modern Business: Integration of Humanization, Liberation, and Transcendence in Commercial Contracts Open
Introduction: Economic globalization has significantly influenced the practice of business law, particularly commercial contracts that are increasingly complex, cross-border in nature, and dominated by capitalist interests. Contracts, whic…
View article: Kritik Metodologis dan Substansial terhadap Perbandingan Hukum Kontrak Antara Hukum Islam dan Hukum Indonesia
Kritik Metodologis dan Substansial terhadap Perbandingan Hukum Kontrak Antara Hukum Islam dan Hukum Indonesia Open
This study critically examines Atharyanshah Pueri's article on the comparison of Islamic contract law and Indonesian law, against the background of the importance of high methodological standards in the study of comparative law, especially…
View article: Transparency and Protection in Franchising Contracts: The Italian Experience in European and International Comparison
Transparency and Protection in Franchising Contracts: The Italian Experience in European and International Comparison Open
This article explores how Italian and selected European legal systems regulate franchising contracts to ensure transparency and protect franchisees. Focusing on Italian Law No. 129/2004, the study examines key legal features such as writte…
View article: Forced Heirship in Comparative Perspective: Rethinking the 2/3 Mandatory Share Rule in Vietnam
Forced Heirship in Comparative Perspective: Rethinking the 2/3 Mandatory Share Rule in Vietnam Open
The forced heirship regime is a legal mechanism aimed at ensuring the rights of heirs in vulnerable positions, even when the testator intends to exclude them. Under the 2015 Civil Code of Vietnam, such individuals are entitled to at least …
View article: Forced Heirship in Comparative Perspective: Rethinking the 2/3 Mandatory Share Rule in Vietnam
Forced Heirship in Comparative Perspective: Rethinking the 2/3 Mandatory Share Rule in Vietnam Open
The forced heirship regime is a legal mechanism aimed at ensuring the rights of heirs in vulnerable positions, even when the testator intends to exclude them. Under the 2015 Civil Code of Vietnam, such individuals are entitled to at least …
View article: Transforming Tradition: A Comparative Legal Analysis of 19th-Century Codified Waqf Law in the Ḥanafī School within the Ottoman Empire and Egypt
Transforming Tradition: A Comparative Legal Analysis of 19th-Century Codified Waqf Law in the Ḥanafī School within the Ottoman Empire and Egypt Open
This study examines the transformations of waqf law within the Ḥanafī school during the 19th century, focusing on the late Ottoman Empire and Egypt. Drawing on two foundational works Itḥāf al-akhlāf fī Aḥkām al-Awqāf by ʿUmar Ḥilmī and Qān…
View article: HISTORICAL CONTEXT OF CRIMINAL MEASURES AGAINST "INSANE" OFFENDERS UNTIL THE ENACTMENT OF LAW NO. 10.216/2001
HISTORICAL CONTEXT OF CRIMINAL MEASURES AGAINST "INSANE" OFFENDERS UNTIL THE ENACTMENT OF LAW NO. 10.216/2001 Open
This article analyzes the historical context of penal measures applied to so-called “criminally insane” individuals, focusing on legally irresponsible adults. Through a bibliographic review and legislative analysis, the study explores the …
View article: HISTORICAL CONTEXT OF CRIMINAL MEASURES AGAINST "INSANE" OFFENDERS UNTIL THE ENACTMENT OF LAW NO. 10.216/2001
HISTORICAL CONTEXT OF CRIMINAL MEASURES AGAINST "INSANE" OFFENDERS UNTIL THE ENACTMENT OF LAW NO. 10.216/2001 Open
This article analyzes the historical context of penal measures applied to so-called “criminally insane” individuals, focusing on legally irresponsible adults. Through a bibliographic review and legislative analysis, the study explores the …
View article: Comparative Study of Gender Equality Provisions in Pakistani Labor Laws and International Standards
Comparative Study of Gender Equality Provisions in Pakistani Labor Laws and International Standards Open
This paper is a comparative study of the provisions of gender equality in the labor laws of Pakistan against the established international standard, which is mostly the provisions of the International Labor Organization (ILO). The legal fr…
View article: The Paradigm Shift in Indian Corporate Legislature: A Comparative Analysis of Governance, Control, and Economic Impact across the Companies Acts (1850–2013)
The Paradigm Shift in Indian Corporate Legislature: A Comparative Analysis of Governance, Control, and Economic Impact across the Companies Acts (1850–2013) Open
This paper provides a comparative historical and statutory analysis of the evolution of India's corporate legal framework, focusing on the four landmark legislations: the Companies Acts of 1850, 1913, 1956, and 2013. The analysis charts th…
View article: Comparative Study of Gender Equality Provisions in Pakistani Labor Laws and International Standards
Comparative Study of Gender Equality Provisions in Pakistani Labor Laws and International Standards Open
This paper is a comparative study of the provisions of gender equality in the labor laws of Pakistan against the established international standard, which is mostly the provisions of the International Labor Organization (ILO). The legal fr…
View article: Comparative Study of Gender Equality Provisions in Pakistani Labor Laws and International Standards
Comparative Study of Gender Equality Provisions in Pakistani Labor Laws and International Standards Open
This paper is a comparative study of the provisions of gender equality in the labor laws of Pakistan against the established international standard, which is mostly the provisions of the International Labor Organization (ILO). The legal fr…
View article: REASSESSING TRADITION: THE REPUGNANCY DOCTRINE AND THE COLONIAL SHAPING OF CUSTOMARY LAW IN NIGERIA
REASSESSING TRADITION: THE REPUGNANCY DOCTRINE AND THE COLONIAL SHAPING OF CUSTOMARY LAW IN NIGERIA Open
In 1900, when the British Government assumed administrative control over Nigeria from the Royal Niger Company, Sir Frederick Lugard, implementing Indirect Rule, retained the Company’s policy of applying indigenous laws and customs in the a…
View article: Contesting Tradition: Hammurabi's Code and Kassite Lawmaking
Contesting Tradition: Hammurabi's Code and Kassite Lawmaking Open
This paper undertakes a comparative analysis of Hammurabi's Code and the legal practices discernible during the Kassite period in Mesopotamia, aiming to explore the extent to which Kassite lawmaking contested or diverged from established B…
View article: Contesting Tradition: Hammurabi's Code and Kassite Lawmaking
Contesting Tradition: Hammurabi's Code and Kassite Lawmaking Open
This paper undertakes a comparative analysis of Hammurabi's Code and the legal practices discernible during the Kassite period in Mesopotamia, aiming to explore the extent to which Kassite lawmaking contested or diverged from established B…
View article: Talfeeq in Islamic Jurisprudence: Classical Debates, Cross-Madhhab Analysis, and Contemporary Applications
Talfeeq in Islamic Jurisprudence: Classical Debates, Cross-Madhhab Analysis, and Contemporary Applications Open
This article examines talfeeq—the combination of juristic rulings from different Sunni schools of Islamic law—as its material object, focusing on its historical evolution, doctrinal boundaries, and contemporary relevance. The study aims to…
View article: Living Law in Society as a Legal Consideration in the Settlement of Disputes Between Customary Legal Communities in Indonesia
Living Law in Society as a Legal Consideration in the Settlement of Disputes Between Customary Legal Communities in Indonesia Open
This study aims to analyze the position and urgency of living law in the Indonesian judicial system, particularly in resolving cases involving Indigenous Law Communities (MHA). The method used is normative legal research with a conceptual …
View article: Jeremy Bentham and the Communication of Legal Authority: The Indian Penal Code of 1860
Jeremy Bentham and the Communication of Legal Authority: The Indian Penal Code of 1860 Open
This article considers the creation of the Indian Penal Code of 1860 through a utilitarian lens, reframing the Code as a means of communicating and representing colonial legal authority. It borrows from studies of law as communication to a…
View article: The Role of Customs Law in Law Enforcement: A Case Study of The Cham Ethnic Group in Vietnam
The Role of Customs Law in Law Enforcement: A Case Study of The Cham Ethnic Group in Vietnam Open
The article investigates the factors affecting state law compliance in Cham minority communities in Vietnam. Using a legal pluralism framework, a cross-section survey was conducted with 200 adult respondents, and the study looked at five p…
View article: Development of International Law Concept of Commercial Usages in Latvia
Development of International Law Concept of Commercial Usages in Latvia Open
Research background This article analyses the legal framework of commercial usage, as well as its use in commercial transactions directly or as a tool for interpreting legal norms and contractual terms. Commercial usages play a vital role …
View article: BUILDING A SPECIAL JURISPRUDENCE FOR AN EMERGENT LEGAL DISCIPLINE: THE CASE OF ENERGY LAW
BUILDING A SPECIAL JURISPRUDENCE FOR AN EMERGENT LEGAL DISCIPLINE: THE CASE OF ENERGY LAW Open
This article contributes to a growing body of literature on special jurisprudence through a case study of energy law as an emergent area of law that is perceived to lack a clear understanding of its definition, foundations and doctrine. Th…
View article: Between Protection and Restriction: Academic Freedom in the Case Law of Turkish Administrative Courts Through the Lens of Frederick Schauer
Between Protection and Restriction: Academic Freedom in the Case Law of Turkish Administrative Courts Through the Lens of Frederick Schauer Open
The question of freedom of expression involves more than just the ability to voice an idea; it also encompasses the broader context in which such expression emerges. Nevertheless, in legal discussions the focus is often narrowed to the bou…
View article: Indigenous Data Sovereignty and Blockchain: Reconfiguring Legal Protection of Communal intellectual Property in Indonesia
Indigenous Data Sovereignty and Blockchain: Reconfiguring Legal Protection of Communal intellectual Property in Indonesia Open
This article reevaluates Indonesia’s legal framework for the protection of Communal Intellectual Property (CIP), exposing the fundamental weaknesses of Ministerial Regulation No. 13 of 2017 and Government Regulation No. 56 of 2022, which r…
View article: Proving Domestic Violence Using Social Media Posting As Evidence: A Comparison between Common Law and Civil Law Systems
Proving Domestic Violence Using Social Media Posting As Evidence: A Comparison between Common Law and Civil Law Systems Open
The digital transformation of communication has revolutionized evidentiary practices, particularly in the prosecution of domestic violence. Social media postings—ranging from text messages and photographs to videos and digital comments—hav…
View article: The Divergence of Legislative Models in Addressing Artificial Intelligence Crimes: A Comparative Study of the European Union, China, and the United States
The Divergence of Legislative Models in Addressing Artificial Intelligence Crimes: A Comparative Study of the European Union, China, and the United States Open
The rapid advancement of artificial intelligence technologies has created unprecedented legal challenges in combating crimes arising from their unlawful use. This study analyzes comparative legislative frameworks for addressing ai-related …
View article: The Hollowing of Democracy: Constitutional Form, Institutional Decay, and the Repurposing of Law
The Hollowing of Democracy: Constitutional Form, Institutional Decay, and the Repurposing of Law Open
This study investigates the constitutional transformation of the United States from a republic of law into a republic of loyalty. Through a forensic analysis of presidential power, legislative paralysis, and the judicial retreat into defer…
View article: Criminalization of Trading in Influence in Indonesian Criminal Law: A Juridical and Legal Policy Analysis Based on the United Nations Convention Against Corruption (UNCAC) 2003
Criminalization of Trading in Influence in Indonesian Criminal Law: A Juridical and Legal Policy Analysis Based on the United Nations Convention Against Corruption (UNCAC) 2003 Open
The practice of trading in influence constitutes a form of abuse of power that potentially undermines the integrity of the legal system and governance. Such practice generates legal injustice and erodes public trust in state institutions d…