Meiske MW Lasut
Universitas Negeri Manado

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The Social Construction of Commercial Law: How Cultural Values Shape Business Regulations Meiske MW Lasut; Romi Mesra
Jurnal Mahkamah Hukum Vol 1 No 2 (2024): (November) Jurnal Mahkamah Hukum
Publisher : PT. NALURI EDUKASI PRESS

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Abstract

This research examines how cultural values influence the development and structure of commercial law across different societies, addressing the critical question of whether business regulations simply reflect technical economic requirements or embody deeper cultural values about appropriate commercial conduct. The study employs a qualitative methodology based on systematic literature review, analyzing over 200 academic sources from multiple disciplines including law, sociology, anthropology, and economics to identify patterns in how cultural values shape commercial law development. The research utilizes thematic analysis to examine cultural transmission mechanisms and contemporary challenges in cultural-legal interactions within commercial regulatory frameworks. The findings reveal that cultural values serve as fundamental determinants of commercial law structure, influencing property rights concepts, corporate governance frameworks, and regulatory enforcement mechanisms across different societies. The research identifies specific cultural transmission mechanisms including legal education institutions, judicial decision-making processes, professional organizations, and international legal transplantation that embed cultural values within commercial law systems. Contemporary challenges including globalization, digital transformation, and environmental governance create new tensions between universal commercial law principles and culturally specific regulatory approaches. The study concludes that cultural values continue to play a persistent and fundamental role in shaping commercial law development, requiring greater sensitivity to cultural diversity in international commercial regulation and legal harmonization efforts.
Digitalization of Society and the Evolution of Law: A Legal Analysis of the Use of Bitcoin and Altcoins in Commercial Transactions Meiske MW Lasut
Jurnal Masyarakat Digital Vol 1 No 4 (2025): (AUGUST) Jurnal Masyarakat Digital
Publisher : PT. NALURI EDUKASI PRESS

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64924/akhr3244

Abstract

This study aims to analyze the legal complexity of Bitcoin and altcoin use in commercial transactions and identify the need for legal evolution to accommodate the digitalization of society. The research method uses a qualitative approach with a literature study focusing on normative legal analysis of cryptocurrency regulation, consumer protection, and the applicable legal framework. Data collection techniques were conducted through document studies of primary, secondary, and tertiary legal materials, with qualitative descriptive analysis using content analysis and a comparative approach to cryptocurrency regulation in various jurisdictions. The results show that the legal uncertainty of cryptocurrencies creates significant legal complexity in commercial transactions, where the ambiguous legal status, diverse characteristics of altcoin technology, and cross-border jurisdictional challenges require an adaptive and responsive regulatory approach. The existing consumer protection framework is inadequate to accommodate the risks of volatility, transaction irreversibility, and the complexity of blockchain technology. An adaptive regulatory model that integrates a regulatory sandbox, a principle-based approach, and a risk-based framework provides a solution to accommodate the dynamic characteristics of cryptocurrencies. This study proposes a responsive legal adaptation framework that can facilitate the co-evolution between law and blockchain technology while providing adequate protection for all stakeholders in the cryptocurrency ecosystem.