scholarly journals Legal Protection in Retail Financial Markets

2012 ◽  
Vol 1 (1) ◽  
pp. 68-108 ◽  
Author(s):  
Bruce Ian Carlin ◽  
Simon Gervais
Keyword(s):  
Social Welfare ◽  
Financial Markets ◽  
Legal System ◽  
Financial Institution ◽  
Self Regulation ◽  
Legal Protection ◽  
Social Efficiency ◽  
Legal Rules ◽  
Relative Ability ◽  
The Government

We model a retail financial institution that outsources its advice services to an intermediary, making the two parties jointly responsible for consumers' experience with the products. In this context, courts that enforce state-contingent legal rules are necessary in order to avoid market breakdowns. To maximize social welfare, the government implements a system of penalties that depends on product characteristics and on the firm's relative ability to control quality. This legal system emphasizes reliable advice over transaction pace. Furthermore, the implicit team structure of the firm and its intermediary prevents self-regulation from achieving the same social efficiency. (JEL G18, G28, D11, D18, L51, K20)

scholarly journals Penyelesaian Sengketa Transaksi Bisnis Elektronik Commerce Melalui Internet

2021 ◽  
Vol 2 (2) ◽  
pp. 218-222
Author(s):  
Anak Agung Bagus Sempidi Junior ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Desak Gde Dwi Arini
Keyword(s):  
Information Technology ◽  
Electronic Commerce ◽  
Cultural Values ◽  
Research Method ◽  
Legal Protection ◽  
Legal Research ◽  
Legal Rules ◽  
Business Transactions ◽  
The Government ◽  
Settlement Of Disputes

Development of information technology through legal infrastructure and its regulation so that the use of Information Technology is carried out safely to prevent its misuse by taking into account the religious and socio-cultural values of the Indonesian people. . The research method uses normative legal research and problem approaches using statutory and conceptual approaches. The results of the study show that consumer legal protection in online Electronic Commerce business transactions is regulated through online sale and purchase agreements based on conventional formal and material terms accompanied by buying and selling transactions carried out electronically through computer media. Settlement of disputes in e-commerce business transactions via online, is carried out both non-litigation and litigation. The suggestion is to the Government, it is hoped that participation in solving problems is very important, if a case like this occurs between different countries, then the settlement of this problem must be determined which legal rules will be used to solve it. The purpose of this study is to determine legal protection for consumers in electronic commerce business transactions through online, and how to resolve disputes that occur in electronic commerce business transaction agreements through online

scholarly journals Perlindungan Hukum Bagi Pemulia Varietas Tanaman (Petani) Pasca lahirnya Undang-Undang Nomor 22 Tahun 2019 tentang Sistem Budi Daya Pertanian Berkelanjutan

2021 ◽  
Vol 8 (3) ◽  
pp. 867-880
Author(s):  
Muhammad Ihsan
Keyword(s):  
Intellectual Property ◽  
Plant Breeding ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
New Variety ◽  
Legal Rules ◽  
Legal Provisions ◽  
Plant Variety ◽  
The Republic ◽  
The Government

Pemuliaan tanaman menghasilkan sebuah varietas baru tanaman merupakan salah satu bagian dari Hak Kekayaan Intelektual (HKI) yang kemudian diatur sesuai dengan ketentuan akan hukum yang berlaku di Indonesia yang bertitik tolak dari ketentuan GATT/TRIPs. Kemudian bagaimana upaya yang dilakukan oleh Pemerintah Republik Indonesia guna melindungi hak-hak yang di miliki oleh Petani Kecil, lebih lanjut kita juga dapat melihat bagaimana pengaturan yang dilakukan oleh aturan hukum internasional guna melindungi Kepentingan Petani Kecil.Kata kunci : Perlindungan Hukum, Pemuliaan Varietas Tanaman, Pemuliaan, Petani Plant breeding to produce a new variety of plants is one part of the Intellectual Property Rights (IPR) which is regulated in accordance with the applicable legal provisions in Indonesia which start from the provisions of GATT / TRIPs. Then how are the efforts made by the Government of the Republic of Indonesia to protect the rights of Smallholders. Furthermore, we can also see how the arrangements are made by international legal rules to protect the Interests of Smallholders.Keywords: Legal Protection, Plant Variety Breeding, Breeding, Farmers

scholarly journals ESENSI TRANSPARANSI DAN AKUNTABILITASI DALAM PENDAFTARAN TANAH DALAM SISTEM HUKUM INDONESIA

2018 ◽  
Vol 21 (1) ◽  
pp. 1-10
Author(s):  
Deselfia D N M Sahari
Keyword(s):  
Local Government ◽  
Legal System ◽  
Government Regulation ◽  
Legal Protection ◽  
Land Rights ◽  
Regional Government ◽  
Legal Certainty ◽  
Land Registration ◽  
Positive Tendency ◽  
The Government

The essence of transparency and accountability in land registration within the legal system in Indonesia has not been realized properly. Due to the weakness of the guarantee of legal certainty and legal protection from the government.  In addition, the publication system of land registration adopted is negative with a positive tendency, not applied in Article 32 paragraph (2) of Government Regulation Number 24 Year 1997 regarding expiration to file a five-year lawsuit there is a synchronization / non-harmonization concerning land authority between local government Article 14 paragraph (2 ) Letter k of Law Number 23 Year 2014 regarding Regional Government and Authority of National Land Agency (Regulation of Head of National Land Agency No.2 Year 2013 regarding Abundance of Land Rights and Land Registration Authority) and regulation of grace period of entitlement right. AbstrakEsensi transparansi dan akuntabilitas dalam pendaftaran tanah dalam sistem hukum di Indonesia belum terealisasi dengan baik. Karena lemahnya jaminan kepastian hukum dan perlindungan hukum dari pemerintah. Selain itu, sistem publikasi pendaftaran tanah yang diadopsi negatif dengan kecenderungan positif, tidak diterapkan dalam Pasal 32 ayat (2) Peraturan Pemerintah Nomor 24 Tahun 1997 tentang berakhirnya pengajuan gugatan lima tahun ada sinkronisasi / non-harmonisasi tentang kewenangan pertanahan antar pemerintah daerah Pasal 14 ayat (2) Huruf k Undang-Undang Nomor 23 Tahun 2014 tentang Pemerintahan Daerah dan Kewenangan Badan Pertanahan Nasional (Peraturan Kepala Badan Pertanahan Nasional No.2 Tahun 2013 tentang Kelimpahan Hak atas Tanah dan Pendaftaran Tanah Otoritas) dan peraturan masa tenggang hak cipta. Kata kunci: Transparansi; Akuntabilitas; Pendaftaran Tanah; Sistem Hukum;

scholarly journals Tanggung Jawab Pemerintah Terhadap Penanggulangan Covid-19 dalam Rangka Pelayanan Medis di Rumah Sakit

2021 ◽  
Vol 2 (2) ◽  
pp. 248-253
Author(s):  
Ni Komang Rosi Triana Ayu Nuratih ◽  
I Ketut Kasta Arya Wijaya ◽  
Ida Ayu Putu Widiati
Keyword(s):  
Research Method ◽  
Health Sector ◽  
National Development ◽  
Legal Protection ◽  
Data Sources ◽  
Literature Study ◽  
Legal Rules ◽  
The People ◽  
The Republic ◽  
The Government

Health is an important aspect and become a measure of the welfare of the people of a country. The development of national development, one of them is in the health sector, must be in accordance with and based on Pancasila and the 1945 Constitution of the Republic of Indonesia. The purpose of this research is to reveal the government's responsibility for handling Covid-19 patients and legal protection for Covid-19 patients medical services in the hospital. The research method used is normative. The assessment is carried out by means of a literature study which is specifically related to law in the health sector. The data sources used were prmiary, secondary and tertiary sources and were analyzed systematically. The result of this research indicates that the responsibility of the government for Covid-19 patients provides rights to patients regulated in related regulations. If the government and parties who violate the rights that should be received by Covid-19 patients, they can be subject to sanctions in accordance with applicable regulations. Legal protection or the issuance of legal rules regarding the rights of Covid-19 patients aims to protect the community itself.

scholarly journals Perlindungan Hukum Nasabah Kartu Kredit dalam Perspektif Undang-Undang Nomor 8 Tahun 1999

2021 ◽  
Vol 2 (1) ◽  
pp. 145-149
Author(s):  
Nyoman Triananda Prayoga ◽  
I Nyoman Sujana ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Consumer Protection ◽  
Credit Card ◽  
Credit Cards ◽  
Legal Protection ◽  
Legal Norms ◽  
Legal Rules ◽  
Protection Legislation ◽  
Plastic Card ◽  
The Government ◽  
Legal Consequences

At this time the technology has been developing rapidly, as well as means of payment. If the first payment can only be done with cash, current payment already can be done by credit card. When the first buyers and sellers have to meet directly, unlike with the current buyers no longer have to meet with the seller directly. A credit card is a plastic card issued by a bank that provides credit services. But many cases credit card used another person, which is possible because the card is missing or scams online, these problems can be analysed as follows: 1) What kind of legal protection for customers according to credit card Consumer Protection Legislation? 2) How the legal consequences if a credit card were used by someone else? This presentation uses research methods are normative, legal rules and legal norms according are the norm in the form of orders or prohibitions it in accordance with the principle of the law and whether one's actions is in compliance with legal norms with the approach of legislative and conceptual. This research requires a source of secondary legal materials as primary legal materials. Form of legal protection given by the Government in the form of legislation, but the legislation has not been effective. Legal consequences if the credit card used another person's credit card, the customer must still pay the Bills that go up to the customer to report in writing. The Government should streamline the laws and make special laws about credit cards as well as the bank and the customer must be open.

scholarly journals State Civil Apparatus in Indonesia in the Conception of Welfare State: A Study of Legal Material Law Number 5 Year 2014 on State Civil Apparatus

2019 ◽  
Vol 15 (3) ◽  
pp. 64
Author(s):  
Mukmin Muhammad ◽  
La Ode Husen
Keyword(s):  
Welfare State ◽  
Social Development ◽  
Good Governance ◽  
Legal Protection ◽  
The State ◽  
Development Economic ◽  
Legal Principles ◽  
Legal Rules ◽  
The Government ◽  
Development Tasks

In essence every form of government interference must be based on legislation that applies as a principle of legality, which is the main joint law of the State. However, because there are limitations to this principle or because of weaknesses and shortcomings in the laws and regulations, the government is given freedom. Freies Ermessen, namely the freedom of the government to be able to act on its own initiative in solving social problems. Freies Ermessen raises opportunities for conflicts of interest, in order to avoid or minimize violations of citizens' rights, hence increasing legal protection for deviant state administration (Verhoogde Rechtsbescherming) in the form of "Algemene Beginselen Van Behoorlijk Bestuur" or general principles of good governance. The task of government is carried out in the framework of the implementation of the general functions of government which includes institutional, personnel and management utilization. Whereas in the implementation of certain development tasks carried out in the context of implementing certain development tasks carried out through nation-building (cultural and political development) as well as through economic and social development (economic and social development) which is directed at increasing the welfare and prosperity of the entire community, Law Number 5 Year 2014 on state civil apparatus as the basis for regulating the state civil apparatus in each of its implementation policies prioritizes the foundation of legislation, propriety and justice. The method of research is normative legal research methods, namely the study of legal principles legal rules which are standards for behaving or behaving. This research can be carried out (especially) on primary and secondary legal materials, as long as the materials contain legal rules, because not every article in a law, for example, contains legal rules; there are articles which are only limits as commonly found in the general provisions of the legislation. Research on legal principles is a philosophical study because the legal principle is an ideal element of law. Goals: The purpose of this research is to make the state civil apparatus understand the concept of the welfare state, the use of discretionary power (Freies ermessen), understand the principles that limit the actions of state civil apparatus to avoid corruption and collusion and nepotism in realizing people's welfare in Indonesia. Novelty/Improvement: This article discusses the study of law regarding the position of Civil Servants in Indonesia based on Law Number 5 Year 2014 on State Civil Apparatus. Concerning state civil apparatus which is associated with principles general good governance, this research article is also expected to be able to provide information for readers to be able to realize the state civil apparatus free from the practice of collusion, corruption and nepotism in realizing good governance in Indonesia in the conception of welfare state.

scholarly journals Ethical and legal aspects of disaster response under Indonesian legal system

2018 ◽  
Vol 229 ◽  
pp. 04006
Author(s):  
Ida Susanti
Keyword(s):  
Legal System ◽  
Disaster Response ◽  
Legal Protection ◽  
Legal Aspects ◽  
Displaced Persons ◽  
Legal Ethics ◽  
Force Majeure ◽  
Legal Position ◽  
The Government ◽  
Almost All

Indonesia is a vulnerable country to disasters. Because almost all islands in Indonesia has the volcanoes, Indonesia is in the ring of fire, which potentially triggers a volcano eruption disaster. Moreover, earthquake, flood, tsunami, landslides regularly occur in Indonesia. It is very important to the response to such disasters. Recently, many regulations have been issued by the government, yet many unjust or indecent treatment have been experienced by displaced persons or the victims of disasters. Some illustrations concerning how bad legal position of disasters’ victims, especially their private rights, will be explored. It is common that in a contract, a natural disaster will be considered as a force majeure. A legal consequence of this condition is, the disasters’ victims must defray or restore the damage by themselves. It could be very unfair or inhumane because, after the disaster usually, many victims lose their capacity to perform their previous legal obligation. In this issue, the law fails to protect, because legal solution could be formally legitimate but substantially unfair. In this case, ethical consideration must be endorsed, for increasing their capacity to recover from the disaster. This paper describes disaster responses in Indonesian’s legal system, especially in the context to protect displaced persons or victims of disasters; and to explore justification to use legal ethics to protect them, in case legal protection fails to provide substantive justice for disasters’ victims.

scholarly journals Legal Comparisons Regarding the Content of Franchise Prospectus in Legal System of United States of America, Australia, Indonesia For Legal Protection of Frait Recipients in Indonesia

2021 ◽  
Vol 4 (2) ◽  
pp. 2779-2790
Author(s):  
Rika Githamala Ginting
Keyword(s):  
United States ◽  
Legal System ◽  
United States Of America ◽  
Comparative Research ◽  
Research Method ◽  
Government Regulation ◽  
Legal Protection ◽  
The United States ◽  
Research Results ◽  
The Government

The prospectus document is given as a consideration for the franchisee whether they want to participate in operating the franchise or not. Apart from being used as a medium to find out information about franchises, this prospectus is also a form of legal protection for franchisees. Article 7 of the Government Regulation on franchising regulates clauses that must be included in the prospectus. The regulations governing minimal clauses in this prospectus are quite minimal. Compared to the United States, which is the originating country for franchising and Australia, which follows the United States in regulating its franchises, Indonesia is still far behind in the preparation of its prospectus documents. The method used is the legal comparative research method because it is used to compare regulations in a country with other countries. The research results show that each prospectus minimum clause in Indonesia has its own objectives in terms of protecting prospective franchisees and franchisees. There are differences between the clauses that must be listed in the prospectus in the United States, Australia and Indonesia, where there are clauses that are regulated in the United States and Australia which are not regulated in the minimum clause of the prospectus in Indonesia, although there are differences, but there are also clauses that are the same regulated in the three countries, it's just that the explanation of the provisions has differences. Regarding whether Indonesia's prospectus is capable of, Indonesia's minimum clause has not been able to provide protection for franchisees in Indonesia.   

scholarly journals Tindak Pidana Bullying yang dilakukan Anak dibawah Umur melalui Keadilan Restorative Justice

2020 ◽  
Vol 1 (2) ◽  
pp. 68-72
Author(s):  
I Made Rai Dwi Surya Atmaja ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni made sukaryati Karma
Keyword(s):  
Restorative Justice ◽  
Child Protection ◽  
Legal Protection ◽  
Research Problem ◽  
Criminal Code ◽  
Child Victims ◽  
Conceptual Approach ◽  
Legal Rules ◽  
The Government ◽  
Settlement Of Disputes

Bullying is bullying that often leads to bad deeds that contain crime, but goes unnoticed. Based on this research, the authors raise the formulation of the problem: 1. How is legal protection for child victims of bullying ?, 2. How is the settlement of bullying crime through restorative justice? This type of research is normative law. The approach to this research problem is a statutory approach, a conceptual approach, and a case approach. The research method used is normative legal research, by conducting studies based on legal materials from legal books and is a process of finding legal rules. As for the problem approach in this study, namely the statutory approach (statute approach) and the conceptual approach (conceptual approach) and the case approach (case approach). The results show that the form of legal protection for child victims of criminal acts of bullying is regulated in several laws and regulations, namely, the Criminal Code, Law Number 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection, Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions. Efforts to resolve criminal acts of bullying through restorative justice using non litigation or settlement of disputes outside the court. The point of settlement of cases on restorative justice is based on the parties to express their opinions to produce an agreement. There are two kinds of crime prevention efforts, namely penal and non-penal efforts. It is hoped that the government, agencies engaged in law enforcement and education as well as the public will make firm efforts against the crime of bullying.

scholarly journals Bisnis Transportasi dalam Pusaran Globalisasi

2020 ◽  
Vol 19 (1) ◽  
Author(s):  
Mutimatun Ni’ami
Keyword(s):  
Public Transportation ◽  
Low Cost ◽  
Legal Protection ◽  
Driving Safety ◽  
Easy Access ◽  
Legal Rules ◽  
Low Costs ◽  
The Difference ◽  
The Government

<p><em>This study aims to examine the differences between conventional taxis and online taxis and whether the existing legal regulations are sufficient to regulate the two modes of transportation. The author's curiosity comes from seeing the past when taxis were considered a luxury means of transportation that people rarely use except for emergencies, so city buses and public transportation become the choice of citizens. The choice that was "forced" to be taken considering the low cost and far coverage. Now, when online taxis offer low costs and easy access, the means of transportation that have become "gods" have fallen. The drivers gasped, the transportation entrepreneurs were distracted to finance their business empire and the passengers were no longer greeted by buses and public transportation. This research is a sociological legal research which makes a phenomenon that exists in society and its influence on existing legal rules. The research results show that the difference between conventional taxis and online taxis lies in the amount of tariff, standardization of services, determination of routes and special features and legal protection. The government needs to be firm in regulating the existence of online transportation, given the potential for conflict over disparity in tariff differences and the importance of legal protection for drivers and passengers in driving safety.</em></p><p><strong><em>Keywords:</em></strong></p><p><em><em>Online Taxi; Conventional Taxi; Legal.</em><br /></em></p>

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