scholarly journals Implementation of Prudential Principles in the Use of Disinfectants as an Effort to Prevent Covid-19 Pandemic for Legal Protection of Ecosystems

2020 ◽  
Vol 1 (1) ◽  
pp. 58
Author(s):  
Otih Handayani
Keyword(s):  
Public Health ◽  
Environmental Law ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
Healthy Environment ◽  
Rapid Spread ◽  
The World ◽  
The Government ◽  
Almost All

<p>The Covid-19 pandemic spreads almost all over the world, including Indonesia. The rapid spread of many fatalities resulted in the government using various means to overcome the pandemic, among others, with preventive efforts through massive disinfectant spraying. This research aims to lysis on applying the principle of prudence in the use of a disinfectant. This research is doctrinal/normative legal research with a statutory approach. Data is collected with literature studies, qualitatively analyzed. The results describe the use of large and inappropriate disinfectants that cause environmental pollution and adverse effects on public health. Environmental law analysis using Law No. 32 of 2009 and the regulations below can protect legal certainty and protect everyone's right to a good and healthy environment to protect the entire ecosystem.</p>

scholarly journals Legal Protection of Brand Rights Holders for Brands Counterfeiting in E-Commerce in Indonesia

2020 ◽  
Vol 7 (2) ◽  
pp. 96-101
Author(s):  
Gede Angga Prawirayuda ◽  
I Nyoman Putu Budiartha ◽  
Ni Luh Made Mahendrawati
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Moral Rights ◽  
Legal Certainty ◽  
Legal Research ◽  
Economic Rights ◽  
Domain Names ◽  
The World ◽  
The Government ◽  
Internet Networks

The most detrimental thing is the use of domain names on internet networks that often use company name, brand and services without permission from the brand owner. The position of the brand is very important in the world of advertising and marketing. That happens because consumers in choosing a product related to the reputation of a brand, based on a sense of trust in the experience in using products with that brand. Aside from being a differentiator of a product with other products, a brand is also a valuable and commercial asset that has moral rights and economic rights. This study aims to analyse the preventive and repressive legal protection of trademark rights holders in e-commerce transactions. This research was conducted using the normative legal research method. The results of this study indicate that the preventive legal protection of trademark rights holders in e-commerce transactions is to register the trademark. The emphasis on preventive protection in this research is related to guarantees of the exercise of rights for brand rights holders in e-commerce transactions. That the presence of the government by drafting the Electronic Commerce Act and conducting socialization related to the legal protection of the parties in e-commerce is expected to be able to provide legal certainty of legal protection. Repressive legal protection in resolving trademark disputes is expected to create a guarantee for the enforcement of the rights of registered trademark rights holders in e-commerce transactions. Settlement of trademark disputes in e-commerce transactions can be done in 2 (two) ways, namely litigation and non-litigation.

scholarly journals SANDERA PAJAK SEBAGAI ALAT PAKSA DALAM PENAGIHAN UTANG PAJAK ( Studi tentang Penegakan Hukum Pajak Melalui Sandera Pajak )

2015 ◽  
Vol 44 (1) ◽  
pp. 69
Author(s):  
Budi Ispriyarso
Keyword(s):  
Research Result ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
Tax Collection ◽  
Approach Method ◽  
The Government

Problems found in this study is the reason why the government uses tax hostages in tax collection, how hostage force to used as a tool in the collection of tax debts and how the hostage-taking in terms ofjuridical aspect. The approach method used in this research is the Socio Legal Research. Result is that there are several factors that become a reason for the tax hostage. Government (fiscus) in collecting tax debts with the tax hostages have been carried out in accordance with the provisions of the act . According to aspects of legal certainty, tax hostages in Indonesia has had a legal protection, named Law No. 19 of 2000 as well as some regulatory other aspects . From the legal justice aspect, protection law also granted to taxpayers affected by the gijzeling. From the aspect of expediency, the application of the gijzeling prove to be useful in improving taxpayer compliance.Permasalahan yang terdapat dalam penelitian ini adalah mengapa pemerintah menggunakan sandera pajak  dalam penagihan pajak, bagaimana penyanderaan dipergunakan sebagai alat paksa dalampenagihan utang pajak dan bagaimana penyanderaan ditinjau dari aspek yuridis. Metode Pendekatan yang dipergunakan dalam penelitian ini adalah metode Socio legal Research. Hasil Penelitian adalah ada beberapa faktor yang menjadi alasan dilakukannya penyanderaan pajak. Pemerintah (fiscus) dalam melakukan penagihan utang pajak dengan sandera pajak telah dilakukan sesuai dengan ketentuan undang-undang.Berdasarkan aspek kepastian hukum, sandera pajak di Indonesia telah mempunyai payung hukumnya  yaitu UU Nomor 19 tahun 2000 serta beberapa peraturan lainnya. Dari aspek keadilan, perlindungan hukum juga diberikan kepada wajib pajak yang terkena sandera pajak.Dari aspek kemanfaatan, penerapan sandera pajak bermanfaat dalam peningkatan kepatuhan wajib pajak.

scholarly journals Penegakan Hukum Pajak Melalui Penggunaan Sandera Pajak Dalam Penagihan Utang Pajak Di Indonesia

2021 ◽  
Vol 2 (2) ◽  
pp. 73-81
Author(s):  
Yeni Nur Arifin
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
State Revenue ◽  
Finance Development ◽  
The Law ◽  
The Government

Taxes make a major contribution to the source of state revenue which is used to finance development in Indonesia. However, there are still many taxpayers / tax insurer who are not compliant in paying taxes. The problems in this study are why the government uses tax hostages in collecting tax debts, how hostages are used as a means of force in collecting tax debts and how hostage-taking is viewed from a juridical aspect. The research method used in this research is normative legal research method. The result of the research is that there are several factors that become the reasons for tax hostage taking. The government (fiskus) in collecting tax debt with tax hostages has been carried out in accordance with the provisions of the law. Based on the aspect of legal certainty, tax hostages in Indonesia already have a legal umbrella, namely Law no. 9 of 2000 and several other regulations. From the aspect of justice, legal protection is provided to taxpayers / tax insurer who are subject to tax hostages. From the benefit aspect, the application of tax hostages is beneficial in increasing taxpayer compliance.

scholarly journals The Execution Rights Of Dependents Online

2020 ◽  
Vol 7 (1) ◽  
pp. 8-13
Author(s):  
I Nyoman Semadiartha ◽  
I Nyoman Sujana ◽  
I Ketut Widia
Keyword(s):  
Legal Protection ◽  
The State ◽  
Online Auction ◽  
Legal Certainty ◽  
Legal Research ◽  
The Government ◽  
Bad Debt ◽  
Government Level

The study was motivated by the increasingly influential technology against the executions carried out by the Bank as an alternative to the completion of bad debt. Online auction based on article 6, UUHT is the executable can cause conflict parate norms, because the existence of regulations implementing the Government-level, as article 26 UUHT, associated with article 7 (1) of law No. 12 of 2011. Parate executions required by Court Fiat. The theory is a theory of hierarchi theory of norms, legal certainty and the theory of legal protection. This study aims to examine the dependent object execution rights in the settlement effort as the execution parate bad debt at The Rural of Banks and to describe the legal protection for the winner of the auction as a result of the implementation of the execution rights of dependents. This type of research and the approach is normative, legal research with approach of legislation and cases. The result of this study gave conclusion on the dependent right execution parate conducted an online lender as an alternative to the last settlement of bad debt, for quick and efficient. Auction winner gets legal protection internally, because the lender makes a deal with the auction winner that the auction is legal transactions such as selling in General. External legal protection, the State provides legal protection to all parties in the execution of rights to dependents.  

scholarly journals Perlindungan Hukum Konsumen atas Informasi Harga pada Produk Minuman

2021 ◽  
Vol 2 (1) ◽  
pp. 137-141
Author(s):  
M Syahrul Bahri ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Legal Protection ◽  
External Factors ◽  
Primary Data ◽  
Accurate Information ◽  
Selling Price ◽  
Legal Research ◽  
Internal Factors ◽  
The World ◽  
The Difference ◽  
The Government

Drinking is one of the main needs of humans in the world that must be fulfilled for activity. Every human being must meet his needs, especially drinks, whether in quantity or in terms of the health of the drink. Therefore, the State must provide security for its people without exception whether it is related to supervision or regulating its circulation. This study aims to explain the legal protection for consumers for information on the price of beverage products listed on the packaging and to explain the resolution efforts regarding the difference between the price on the packaging and the selling price paid. This research used normative legal research, with a juridical approach through the hermenutic method. The data used were secondary and primary data which were analyzed qualitatively. The result of the research showed that the government has provided consumer protection for the provision of accurate information by means of obligations imposed by business actors as well as prohibitions that cannot be violated. The responsibility of business actors to resolve disputes can be pursued through channels outside the court as well as through court channels. The factors that influence the occurrence of a product that is nominally different from the price on the packaging consist of internal factors and external factors. If there is a difference in price on the package and at the time of payment, the cheapest fee will be paid.

scholarly journals LEGAL PROTECTION FOR DOCTOR AND MEDICAL STAFF IN THE PANDEMIC PERIOD OF COVID-19 (An Overview of Indonesia from International Perspective)

2020 ◽  
Vol 7 (1) ◽  
pp. 16
Author(s):  
Ong Argo Victoria ◽  
Thaan Neet Bunprakop
Keyword(s):  
Health Workers ◽  
Legal Protection ◽  
International Perspective ◽  
Legal Certainty ◽  
Comfort Zone ◽  
Work Safety ◽  
Global Pandemic ◽  
The World ◽  
The Government ◽  
Existing Data

When first announced as a global pandemic on March 11 by WHO the number of infections worldwide has reached more than 121,000. Instead of Indonesia still feeling safe from a virus outbreak that has paralyzed some countries in the world, President Joko Widodo in early March, who had put the population in a comfort zone, had to admit defeat with a co-19 case report caused by the virus SARS-Cov-2 or better known as the Corona virus. Even with the dynamism of existing data, these predictions can change. This data is certainly not to create panic in the community, but rather to make people aware and provide an overview for the government in handling it. Namely comprehensive handling, especially to prevent wider spread so that the number of infections can be suppressed. In addition, legal certainty is an important instrument in ensuring the safety of health workers so that the government cannot take arbitrary actions against the assignment of health workers. Especially if you look at the legislation regarding health workers, it seems that no one has yet regulated the guarantee of legal certainty for health workers even though Law Number 36 of 2014 concerning Health Workers is already in place. Therefore the Government needs to issue implementing regulations and technical guidelines for the Health Workforce Law and other laws governing legal protection and work safety for health workers. In line with this, Chairman of the Indonesian Lung Doctors Association AgusDwi Susanto, announced that the number of lung specialist doctors is limited, this must be sought by the government with further grouping of funds so that the number of cases of infection does not overwhelm health workers, this is done to break the chain of viral circulation with the help of partially quarantine and social procurement.

scholarly journals Regional Head Election During COVID-19 Pandemic: the Antinomy in the Government Policies

Yuridika ◽  
2021 ◽  
Vol 36 (1) ◽  
pp. 213
Author(s):  
Rizki Ramadani ◽  
Farah Syah Rezah
Keyword(s):  
Public Health ◽  
Large Scale ◽  
Government Policies ◽  
World Health ◽  
Political Rights ◽  
Legal Research ◽  
The World ◽  
Public Rights ◽  
The Government ◽  
Health Organization

Welcoming the simultaneous regional head election in 2020, it is expected to be an entry point in building a higher quality democracy in Indonesia. Initially, this year's election should be held on September 23. However, this plan must be constrained when the coronavirus disease 2019 (COVID-19) outbreak occurs and spread wildly all over the world including Indonesia, and was officially declared a pandemic by World Health Organization (WHO). When the number of positive cases and deaths continues to increase, the government decided to continue holding the regional election in the midst of the pandemic. Such policy created controversy and faced several challenges, especially regarding the government's inconsistency in fulfilling the rights of its people in the time of the pandemic. This article aims to explain and analyze the contradiction in the government policies from the antinomy of law and human rights perspective. This legal research is doctrinal research conducted using a conceptual, statutory, and case approach. The data will be described in a descriptive-prescriptive manner through qualitative analysis. The results of the analysis show that there are some contradictions between policies regarding physical distancing (both in the Large-Scale Social Restrictions (PSBB) and Health Protocol regulations) and the policy for holding Regional Head Elections during the pandemic. In essence, this contradiction is the antinomy between the aspects of public health and political rights. Antinomies occur when the government seeks to fulfill and guarantee political rights as well as public rights to health at the same time during a pandemic, which actually leads to mutual negation between these rights.

scholarly journals Public Health, Socioeconomic Responses, and associated Challenges against Coronavirus Disease 2019 Pandemic in Nigeria

2020 ◽  
Vol 8 (T1) ◽  
pp. 122-125
Author(s):  
Idris Nasir Abdullahi ◽  
Anthony Uchenna Emeribe ◽  
Peter Elisha Ghamba ◽  
Musa Sani
Keyword(s):  
Public Health ◽  
Severe Acute Respiratory Syndrome ◽  
Index Case ◽  
Scale Up ◽  
The World ◽  
Surveillance Programs ◽  
The Government ◽  
Almost All ◽  
The Impact ◽  
Global Health Challenge

For over 6 months of its emergence, the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), the causative agent of coronavirus disease 2019 (COVID-19) pandemic, has resulted to unprecedented global health challenge and economic uncertainties. The pandemic swiftly disseminated to almost all the countries and territories of the world. The index case in Nigeria was imported by an Italian citizen on February 27, 2020. Typical of a novel respiratory tract viral infection, the spread of SARS-CoV-2 in Nigeria was slow in the first few days. However, as at 8:00 AM GMT+1, July 1, 2020, there were 25694 confirmed COVID-19 cases. With the continuous daily rise in the incidence of SARS-CoV-2 infection, enhanced surveillance programs were immediately activated and implemented in all parts of Nigeria. Even though an inadequate number of persons have been tested so far, the government of Nigeria has been activating public health laboratories to scale up its testing capacity. Due to the impact of partial lockdown and curfew in most states of Nigeria, the government has been able to provide some form of palliatives to vulnerable populations. This study aims to review and present the various public health and socioeconomic responses and challenges of the COVID19 pandemic in Nigeria. This reflects the efforts and successful steps taken to minimize the spread of COVID-19 in Nigeria.  

Enhancing Legal Protection of Stray Animals Welfare Through Society Intervention And Enforcement in Malaysia

2021 ◽  
Vol 39 (10) ◽  
Author(s):  
Asmida Ahmad ◽  
Putri Syaidatul Bt. Mohd. Adzmi ◽  
Amir Nur Ikhwan Bin Amernudin ◽  
Nur Fazini Asro Bt. Ramzi Sulaiman
Keyword(s):  
Animal Welfare ◽  
Legal Protection ◽  
Legal Research ◽  
Legal Intervention ◽  
Animal Protection ◽  
Evaluative Study ◽  
Legal Perspective ◽  
The World ◽  
The Government ◽  
International Instruments

The plight of strays is one of the most visible animal welfare issues in the world today. Stray animals can be seen as a nuisance and threatening public health through the spread of diseases and the environment. Nevertheless, stray animals also may experience poorer welfare themselves through a lack of resources, such as shelter, food and water and exposure to cruelty. Therefore, an evaluative study in legal perspective on the protection of the welfare of stray animals is imperative. Generally, the Malaysian law in animal welfare is clear in protecting them from any kinds of cruelty as well as proper humane treatment. However, the protection received by stray animals under the current animal protection regime is seen as inadequate as the increasing numbers of cases reported since the Animal Welfare Act 2015 came into force. Hence, it is felt that the lack of clear guidelines in the enforcement concerning stray animals has resulted in their welfare receiving insufficient protection.  This study utilizes doctrinal and non-doctrinal legal research techniques. In complementing the doctrinal discussions, various valuable insights in understanding the law and the practices were adopted. This study provides possible suggestions to enhance solutions in protection of the welfare of stray animals in Malaysia. By using information from current developments in philosophy concerning animal welfare, with references to international instruments and comparing it with the domestic elements of animal protection, this study considers measures and possible ways to enhance protection of the welfare of stray animals in Malaysia. The research suggests that Malaysia should consider incorporating references to animal sentience and the principles in promoting kindness towards animals. Most importantly, this survey urges the government, local authorities and public to improve their commitment through legal intervention to better enforce in protecting the welfare of stray animals.

scholarly journals Liability for Right Holders to Electronic Marks (E-Commerce) on the Commercialization of Individual Trade Actions in Electronic Business Transactions

2021 ◽  
Vol 8 (9) ◽  
pp. 234
Author(s):  
Yohanes Don Bosco Watu
Keyword(s):  
Legal Protection ◽  
Electronic Business ◽  
Legal Certainty ◽  
Legal Research ◽  
Registered Trademark ◽  
Business Transactions ◽  
Doing Business ◽  
Sense Of Security ◽  
The World ◽  
Principle Of Proportionality

The type of research used in this research is normative legal research. So, in fact, the principle of proportionality is an alternative solution for electronic brand rights holders (e-commerce), which provides legal protection based on the first to file principle system given to registered trademark rights holders who have good intentions, are preventive or repressive.  On the other hand, it’s necessary to guarantee legal certainty to be able to provide accountability when there are ties or agreements in electronic business transactions in the field of trade and other trading businesses, so as to guarantee a sense of security and comfort in investing and doing business in the world of digitalization and e-commerce.

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