General theory of legal design in law and economics framework of commercial contracting

We need law and economics to do the scientific measurement necessary for legal design to be seen as on the stage of science. Law and economics—which is the application of economic theory, especially microeconomic theory, to the analysis and the practice of law--is a valid tool and approach to reflect on what should be empirically investigated in the practice of legal design. The neoclassical (mainstream) theoretical foundation of economic analysis of law is, however, at times far from reality as it often predicts uncooperative and even selfish behaviour. In real life people do cooperate, have empathy, emotions and even behave in an altruistic way. For those reasons, behavioural law and economics and conventional wisdom are needed to complement the teachings from standard theory in the field of commercial contracting.

Uwarunkowania wykluczenia emerytalnego z dodatkowej części systemu emerytalnego w Polsce

The study addresses the issues of exclusion from the supplementary part of the Polish pension system. The main goals of the research are: 1) characterising retirement exclusion as a specific type of financial exclusion, and 2) identifying and assessing key determinants of retirement exclusion in the supplementary part of the Polish pension system. The article is epistemological and classifying in nature. In the review part, the research methods used are based on a critical analysis of the literature and a synthesis of its conclusions. The main part is based on a meta-analysis of the results of surveys regarding pension awareness and propensity to save, elements of the economic analysis of law, and analysis of existing data. The presented considerations lead to the formulation of arguments, that justify the thesis that the scale and extent of retirement exclusion in the supplementary part of the Polish pension system are a derivative of factors included in four meta-categories: 1. low pension awareness, 2. low saving potential, 3. low propensity to save, and 4. limited availability of pension products.

Economic Analysis of Law and Protection of Economic and Social Rights

The article reveals the mechanism of ensuring human rights through the prism ofeconomic analysis of law and weighing of constitutional values. The relationship between the economicanalysis of law and the principle of proportionality as criteria for the protection of economic andsocial rights is to ensure a balance of private and public interests. The principle of proportionalityis important in defining the non-discrimination and guaranteeing equal access to social assistance.The first part reveals the role of constitutional justice in protecting economic and social rights.The Constitutional Court of Ukraine protects economic and social rights in accordance with theconstitutionally conforming interpretation of laws pursuant to doctrines of direct action and thehorizontal effect of human rights. The second part of the paper focuses on the role of administrativejustice in the protection of social rights, in particular in the light of the legal construction of humanrights. Finally, differentia specifica protection of the social rights on the example of the right tofreedom of choice of occupation and profession and the right to medical care are highlighted. Thedoctrine of the duty to protect orients the government first of all to provide the infrastructure forthe realization of human rights while respecting human dignity and to take negative and positiveactions to ensure human rights.

Economics of Criminal Proceedings in View of Procedural Principles

This article was written as part of the Costs of a Criminal Trial in View of an Economic Analysis of Law research project. Part one contains deliberations on the impact of economic factors on the regulations concerning the criminal procedure. One needs to answer the question of whether such factors should be considered as affecting the principles on the basis of which the model of the criminal trial is being developed and whether there are any solutions that have been introduced specifically because of the profit and loss account related to the prosecution of a perpetrator. Part two focuses on the fundamental results and the conclusions of empirical studies carried out with respect to the expenses incurred by the State Treasury in criminal proceedings, considering the expenses incurred in serious cases, i.e., those examined in the first instance by regional courts, and in minor cases, which in the first instance are handled by district courts. Results and Conclusions: The article points out three fundamental factors determining the amount of the expenses, i.e., the fact of the accused being imprisoned during the proceedings, the use of scientific evidence (opinions produced by expert witnesses), and the participation of a public defender remunerated by the State Treasury.

Behavioral Economics and Court Decision-Making

The economic analysis of law assumes that court decisions are key to incentivizing people and maximizing social welfare. This article reviews the behavioral literature on court decision making, and highlights numerous heuristics and biases that impact judges and jurors and cause them to make decisions that diverge from the social optimum. In light of this review, the article analyzes some of the institutional features of the court system that may help minimize the costs of biased decisions in the courts.

The Plea Bargaining System as a Criminalization Model Under the Law Number 19 Year of 2016 on Electronic Information and Transaction Act and the Dignified Justice

<p>From the perspective of economic analysis of law theory, the increasing number of criminal convictions would indicate that the Indonesian criminal Code and regulations have not been effective in reducing the rate of crimes. By combining a preliminary hearing, hearing of cases through a special route and the application of the principle of bargaining for sentence in the plea bargaining system, a new mechanism may be formulated in the Indonesia criminal justice proceedings. This criminal justice approach employs the dignified justice principle (<em>teori keadilan bermartabat</em>) approach, whereby, the trial of cases using a preliminary hearing as a special route under a sole judge that is intended for an accused who pleads guilty and bargains for a sentence. Accordingly, this research attempts to explore the use of the principles of the plea bargaining system as a criminal justice model under the Law Number 19 year of 2016 on the Electronic Information and Transaction Act (“EIT Act”). Equally important, this research employs the juridical-normative method, statute, case, and conceptual approaches in order to obtain a comprehensive result. </p>

KEBIJAKAN PIDANA KEJAKSAAN REPUBLIK INDONESIA DALAM PENANGANAN PERKARA TINDAK PIDANA KORUPSI DENGAN KERUGIAN KECIL (PATTY CORRUPTION) DENGAN PENDEKATAN KEMANFAATAN

The first discussion is related to the theoretical study of handling criminal cases through the economic approach of law that the Economic Analysis of Law theory or what is referred to as the application of economic theory to legal analysis is a theory that uses economic concepts to explain the effects of the law itself. Several economic concepts used in the study of criminal law policies are: Cost-Benefit Analysis, Behavioral theory, Efficiency-Pareto Optimal. The second discussion is related to the policy of the Prosecutor's Office of the Republic of Indonesia in handling cases of corruption with small losses (patty corruption) with a benefit approach that the Indonesian Attorney General's Office in carrying out its duties and functions, especially in terms of handling corruption cases, issued several internal regulations related to efforts to eradicate corruption through a beneficial approach, namely: Circular Letter of the Junior Attorney General for Special Crimes Number: B-1113/F/Fd.1/05/2010 dated 18 May 2010, Circular Letter of the Junior Attorney General for Special Crimes No: B-765/F/Fd/04/2018 20 April 2018 May 2018, Circular Letter of the Junior Attorney General for Special Crimes Number: B-945/F/Fjp/05/2018 May 04, 2018. Pembahasan pertama terkait dengan kajian teoritis penanganan perkara pidana melalui pendekatan economyapproach of law bahwa Teori Economy Analysis of Law atau yang disebut sebagai aplikasi teori ekonomi untuk analisis hukum merupakan teori yang mempergunakan konsep-konsep ekonomi untuk menjelaskan efek dari hukum itu sendiri. Beberapa konsep ekonomi yang dipergunakan dalam kajian kebijakan hukum pidana yaitu : Cost-Benefit Analysis, Behavioral theory, Efisiensi-Pareto Optimal. Pembahasan kedua terkait dengan kebijakan Kejaksaan Republik Indonesia dalam penanganan perkara tindak pidana korupsi dengan kerugian kecil (pattycorruption) dengan pendekatan kemanfaatan bahwa Bahwa Kejaksaan RI dalam pelaksanaan tugas dan fungsinya, khususnya dalam hal Penanganan perkara tindak pidana korupsi mengeluarkan beberapa aturan internal yang berhubungan dengan upaya pemberantasan korupsi melalui pendekatan kemanfaatan, yaitu : Surat Edaran Jaksa Agung Muda Tindak Pidana Khusus Nomor : B-1113/F/Fd.1/05/2010 tanggal 18 Mei 2010, Surat Edaran Jaksa Agung Muda Tindak Pidana Khusus No : B-765/F/Fd/04/201820 April 2018 Mei 2018, Surat Edaran Jaksa Agung Muda Tindak Pidana Khusus Nomor : B-945/F/Fjp/05/2018 Tanggal 04 Mei 2018.

Application of Economic Analysis of Law Theory as a Basis for Courts’ Judgements in Corruption Crime Cases: (Analyst’s Decision of 45/Pid.Sus/TPK/2011/PN.BDG)

Mastery theory of law is one of the criteria for a good court. One of the law theories currently being developed is economic analysis of law theory. One of the decisions that the judge considered was using economic analysis of law theory in making a decision is a decision of 45/Pid.Sus/TPK/2011/PN.BDG. Therefore, this article will analyze further into the decision of 45/Pid.Sus/TPK/2011/PN.BDG. This research is legal research that uses statute approach, conceptual approach, and case approach. Based on the research, it showed that the features of economic analysis of law theory are: 1) Focused on the philosophy of justice utilitarianism which is the fundamental concept based on felicific calculus, 2) Using the basis of consideration: a) Economic theory as a foundation for legal analysis, b) Using analysis of cost-benefit to create a law and/or c) Consideration of opportunity cost which law will be formed, and 3) Output which is achieved is wealth maximization. Related to the Decision Number Register 45/Pid.Sus/TPK/2011/PN.BDG. in fact, arguable that judges make the decision based on economic analysis of law theory because related to ratio decedendi has fulfilled 3 (three) characteristic economic analysis of law theory.