New issue of Corporate Law & Governance Review
The editorial team is glad to present the second issue of 2022 of the journal Corporate Law & Governance Review. This issue includes papers dealing with both theoretical and practical aspects related to corporate law and corporate governance in countries such as India, Indonesia, Greece, Jordan, and the United Arab Emirates (UAE). A wide range of fascinating topics is covered, including corporate social responsibility (CSR), bribery, cryptocurrency and money laundering, free trade agreements (FTAs), and the World Trade Organization (WTO).
The issue starts with the research conducted by Maretha Crisindiana and Nanik Trihastuti that examines the procedure for legalizing foreign public documents after the accession of the Apostille Convention in Indonesia. This research is based on the national efforts to simplify the procedure for the legalization of foreign public documents to improve the investment climate. The results showed that the implementation of the Apostille Convention does not necessarily render the current legalization of public documents invalid, but rather replaces it with a simpler procedure, namely the issuance of an apostille certificate, which functions as a statement of the validity of the document. The conclusion highlighted the need for ratifying the Apostille Convention comes into force, especially in ASEAN member countries to enhance the foreign direct investment in this association.
In the next study, Umi Rozah and Pujiyono examine how CSR and good corporate governance can reduce the occurrence of bribery cases in companies. It focuses on the implementation of ISO 37001 to mitigate corporate bribery risks in reinforcing CSR. The findings, which are very encouraging, reveal that the implementation of good corporate governance will minimize the opportunistic nature of management and support the prevention of bribery in company performance. Likewise, the role of a good organizational culture is very important in anticipating opportunistic behavior from a handful of parties who still commit bribery for their own interests and harm other parties.
The purpose of the research by Syed Raziuddin Ahmad, Soha Khan, Nabil Ahmed Mareai Senan, and Imran Ahmad Khan is to analyze the financial effectiveness of listed companies in the Indian stock market during the period 2016–2021 to identify which organizations have achieved a combination of technologically viable factors and products that maximize profit, taking into account the limitation of inputs. The empirical method and the data envelopment analysis (DEA) are adopted to identify which organizations have achieved a combination of technologically viable factors and products that maximize profit. It is expected that this work will lead to new research in which the DEA methodology is used to evaluate financial efficiency in other stock markets.
Achraf Guidara concentrates on empirical research in the accounting and finance fields that deal with the impact of cryptocurrencies on the phenomenon of money laundering between 2011 and 2021. The findings emphasize the importance of developing a legal framework for digital currencies to reduce money laundering risks. They may have wide-ranging policy implications for governments that are aiming to improve cryptocurrency laws and regulations.
Duong Anh Son and Tran Vang-Phu examine the positive and negative effects of free trade agreements (FTAs) on the WTO. Their paper recommends that the WTO and its members should reform the current regulations governing the WTO’s power and member states’ obligations in negotiating and signing new FTAs. This paper will be highly useful to other scholars studying FTAs and the WTO in current global trade and the future development trend of FTAs.
The next paper by Tuhana, Jamal Wiwoho, and I Gusti Ayu Ketut Rachmi Handayani aims to analyze the governance of economic philosophy by analyzing the relationship between the economic constitution and the philosophical-ideological reflection of Pancasila in critical argumentation. The study was conducted using a normative juridical approach with selected sources of legal information utilized. The analysis technique was conducted using a qualitative design. The results of the study found that the economic constitution has a relationship with philosophical reflections in the form of the basic philosophy of Indonesia’s economic development and conformity with the ideological reflection of Pancasila as the state ideology.
Liburn Mustafa and Mensur Morina’s research examines the institutional approach of the Serbian state toward ethnic minorities, specifically towards the Albanian ethnic minority in Serbia. The study finds out that the violation of freedom and national rights toward the Albanian minority in Serbia has reflected strong forms of political behavior. In conclusion, it turns out that the Albanian political class in Serbia, disappointed by the state institutions, seeks the help of the mother state of Kosovo so that the status of the Albanians in Serbia is resolved the same as the status of the Serbs of Kosovo. This paper seeks to contribute to central government relations with ethnic minorities as well as making a non-prejudiced approach to the freedoms and rights of ethnic minorities in general.
Salsabil Shabrina and Aju Putrijanti provide an interesting analysis of the moral principle and values contained in the Indonesian Notarial Code of Ethics that prohibits notary from doing any publication or promotional activities, focusing on the phenomenon of notaries who utilizes online media to provide legal counselling and the possible consequences given to the notary who violates it. The results of this study conclude that notaries, in carrying out their duties and positions, are required to work properly and professionally and follow a code of ethics, so that notary products in the form of authentic deeds can provide legal protection and legal certainty to parties in need.
The research by Stergios Galanis, Michail Pazarskis, Sofia Kourtesi, and Maria Gkatziou focuses on the current state of Greek governance and recent legal developments after the merging of local government organizations and their associated municipal and regional-owned companies provides new insights and conclusions regarding the implantation of governance in the local government organizations and their state-owned enterprise after mergers.
In the final study of this issue, Faisal Abdulhafez Alshawabkeh and Tayil Mahmoud Shiyab analyses the administrative and penal protection of the right to privacy under the United Arab Emirates (UAE) legislation, in comparison with the relevant Jordanian legislation. It is argued that the UAE and Jordanian legislations are insufficient and they should be modified to comply with the new technologies due to the multiplicity of agencies supervising the protection of this right and the absence of a central authority.
You are welcome to browse the full issue at the following link.
We hope that reading this issue will be pleasant and informative for you!