scholarly journals Tanggung Jawab Pelaku Usaha Maskapai Penerbangan atas Penundaan Pembayaran Dana Refund

2021 ◽  
Vol 2 (1) ◽  
pp. 24-31
Author(s):  
Dinda Aurelia Danian ◽  
Ni Luh Made Mahendrawati ◽  
Ida Ayu Putu Widiati
Keyword(s):  
Legal Protection ◽  
Civil Code ◽  
Legal Interpretation ◽  
Flight Schedules ◽  
Consumer Rights ◽  
Time Period ◽  
Direct Compensation ◽  
Ticket Prices

Competition encourages companies to provide attractive offers such as promo ticket prices to giving free seats. However, many airline companies, who only want to achieve their profit targets, are willing to put aside their responsibilities and consumer rights; one of which is the delay of a flight ticket refund due to the cancellation of the flight by the airline unilaterally. This study aims to determine the form of legal protection for consumers who experience delays in paying Refund funds by airlines and to find out the forms of airline responsibility for Refund funds and settlement efforts in case of disputes. This type of research is normative juridical with a statutory approach presented in the form of legal interpretation. The results showed that the cancellation of flight schedules by airlines was not regulated in Law No. 1 of 2009 concerning Aviation, but the provisions can be seen in the Minister of Transportation Regulation Number 77 of 2011 Article 12 paragraphs 1 and 2. Permenhub Number 185 of 2015 also regulates the period of ticket refunds. Refunds can also be added with other compensation as well as Article 1453 of the Civil Code. The time period for the refund process by airlines is generally in accordance with the Regulation of the Minister of Transportation Number 185 of 2015. Settlement of consumer disputes can be done by 1) Direct compensation for losses; 2) Through BPSK by means of mediation, conciliation and arbitration; 3) Settlement of consumer disputes through litigation.

scholarly journals On Legal Interpretation of Basic Consumer Rights

2013 ◽  
Vol 32 (1) ◽  
pp. 9-23
Author(s):  
Teresa Mróz
Keyword(s):  
Legal Protection ◽  
Typical Feature ◽  
Practical Significance ◽  
Legal Interpretation ◽  
European Union Law ◽  
Basic Premise ◽  
Legal Provisions ◽  
Consumer Rights ◽  
Polish Law ◽  
Basic Consumer

Abstract. The liability of an entrepreneur towards a consumer is the specific kind of contractual responsibility. The typical feature of this regime is weakness of two principles that are basic for market economy: freedom of contracts and pacta sunt servanda principle. This liability is regulated by specific acts of law. Its object is to intensify the legal protection of the consumer. Nowadays in the Polish law, the form of legal provisions concerning pro- tection of the consumer, is influenced by European Union law, especially con- sumerist directives. The Act on specific terms and conditions of consumer sale, on 27th July 2002, has huge practical significance. The basic premise of this lia- bility is the fact of ’nonconformity of goods with the contract’. Therefore there is no need to prove any damage and other premises inseparably connected with damage liability. Moreover, it must be noticed that normally specific acts of law concerning protection of the consumer, do not entirely realize the compensatory function which is typical of general principles of contractual responsibility.

THE INFLUENCE OF TRANSCENDENTAL VALUE AS AN EFFORT OF ONLINE TRANSACTION LEGAL PROTECTION IN THE ERA OF DIGITAL ECONOMY

2019 ◽  
Vol 3 (1) ◽  
pp. 13
Author(s):  
Rizka Rizka
Keyword(s):  
Social Media ◽  
Industrial Revolution ◽  
Legal Protection ◽  
Human Beings ◽  
Business Opportunity ◽  
Online Transactions ◽  
Consumer Rights ◽  
Increasing Demand ◽  
Consumptive Behavior ◽  
Online Shops

The digitalization of the economy sector in the industrial revolution 4.0 needs to be approached with a smart attitude so as to not bring loss to both the consumers and the business holders, by transforming the instrument of consumer rights in an updated and a better way. The development of technology has spoiled human beings in all aspects, including in muamalah. like transaction. The society’s rapid consumptive behavior becomes a business opportunity for the investors to invest their capital in the field of trade, which is also rapidly developing. The increasing demand of consumptive products pushes the popularity of online transaction. There exist hundreds of online shops, either official shops or those undergoing transaction through social media. Anyone can be owners of online shops, and the consumers can be adults, teenagers, and even children. This condition causes some problems, such as the misuse of online transaction for deception, offering products which are not the same as the real items, or worse, not sending the products after the consumer has transferred the money. The results show that in online transactions, there are many dishonest sellers who legalize all methods to practice deception, so there needs to be a connection between online transaction and religion with the hope to minimize the chance of harm for both the consumers and the sellers.

SOME MEASURES OF LEGAL RESPONSIBILITY FOR CORRUPTION OFFENSES IN THE LAW OF THE MOSCOW STATE OF THE XV-XVI CENTURIES

2020 ◽  
pp. 67-71
Author(s):  
Любовь Евгеньевна Логунова
Keyword(s):  
Corporal Punishment ◽  
Criminal Responsibility ◽  
Legal Liability ◽  
Legal Responsibility ◽  
Historical Period ◽  
Legal Interpretation ◽  
Present Stage ◽  
Legal Documents ◽  
Time Period ◽  
Russian Law

В статье автором проводится анализ законодательных памятников права Московского государства XV-XVI вв. и публично-правовых грамот. Выявляется проблема отсутствия законодательного закрепления таких понятий, как «коррупция», «коррупционное правонарушение». Предпринимается попытка определения данных понятий. Сравнивается понимание указанных явлений в XV-XVI вв. с современной правовой интерпретацией. Анализируются и раскрываются основные аспекты и особенности коррупционных правонарушений, характерные для периода Московского государства. Перечисляются меры противодействия коррупции на современном этапе и в рассматриваемом временном периоде. Изучаются не только такие известные памятники российского права, как судебники, но также и иные источники права периода XV-XVI вв. Перечисляются и раскрываются меры юридической ответственности за совершение коррупционных правонарушений. Дается краткая характеристика видам юридической ответственности, применяемым за совершение коррупционных правонарушений. Подчеркивается тяжесть уголовной ответственности, которую несли низшие судебные чиновники за совершение коррупционных правонарушений. Автор обращает внимание на то, что законодатель рассматриваемого периода придавал большое значение борьбе с чиновничьим произволом на местах. В ходе исследования автор приходит к выводу о том, что расширение видов мер юридической ответственности за коррупционные правонарушения, назначение тяжких телесных наказаний за совершение такого рода деяний не привело к искоренению коррупции в рассматриваемом историческом периоде. In the article, the author analyzes the legal monuments of the Moscow state of the XV-XVI centuries and public legal documents. The problem of the lack of legislative consolidation of such concepts as «corruption», «corruption offense» is revealed. An attempt is made to define these concepts. The understanding of these phenomena in the XV-XVI centuries is compared with the modern legal interpretation. The main aspects and features of corruption offenses typical for the period of the Moscow state are analyzed and disclosed. Measures to counteract corruption at the present stage and in the considered time period are listed. We study not only such well-known monuments of Russian law as sudebniki, but also other sources of law from the XV-XVI centuries the measures of legal responsibility for committing corruption offenses are Listed and disclosed. A brief description of the types of legal liability applied for corruption offenses is given. The author emphasizes the severity of the criminal responsibility that was borne by lower judicial officials for committing corruption offenses. The author draws attention to the importance that the legislator of the period under review attached to the fight against official arbitrariness on the ground. In the course of the study, the author comes to the conclusion that the expansion of the types of measures of legal responsibility for corruption offenses, the appointment of heavy corporal punishment for committing such acts did not lead to the eradication of corruption in the considered historical period.

Dispositive Model of Active Legal Capacity of People with Mental Disabilities in France and Quebec in the Context of the Russian Civil Code Reform (Part II)

2021 ◽  
pp. 80-87
Author(s):  
Terdi E. S. ◽  
◽  
Skrynnik I. K. ◽  
Keyword(s):  
Mental Disorder ◽  
Legal Protection ◽  
Legal Regulation ◽  
Civil Code ◽  
Point Of View ◽  
Legal Capacity ◽  
Persons With Disabilities ◽  
Legal Norms ◽  
Leading Role ◽  
Legal Method

The article is devoted to the problem of the inconsistency of the Russian imperative model of active legal capacity, according to which the content of active legal capacity in case of its restriction due to mental disability of a person is prescribed by the law, to the Convention on the Rights of Persons with Disabilities ratified by Russia in 2012. The purpose of the paper is to demonstrate the shortcomings of the imperative model, the main of which is the lack of authority of the Russian court to individually determine the consequences of restriction of active legal capacity of a person due to mental disorder, taking in account degree of actual decrease of his cognitive and volitional abilities. This purpose is achieved by the consistent implementation of the following tasks. First of all, characteristic of the Russian imperative model of active legal capacity is given. Secondly, the French dispositive model of legal capacity is described. In this model the forms of legal protection, but not the categories of active legal capacity, incapacitation and restricted active legal capacity are the backbone concepts for the legal regulation of this group of relationship. It is noted that under the influence of the Convention on the Rights of Persons with Disabilities the more progressive, from the point of view of international law, forms of this model are stipulated in many foreign countries. Thirdly, the evolved form of the French dispositive model of active legal capacity, implemented in the Bill 18 «An Act to amend the Civil Code, the Code of Civil Procedure, the Public Curator Act and various provisions as regards the protection of persons», that was adopted by the National Assembly of Quebec in 2 June 2020, is analyzed. The main advantage of the latter is that the court, establishing the form of protection, is not bound by the legal norms that imperatively determine the content of active legal capacity of a person with mental disorder. The court is able, based on the cognitive and volitional abilities of particular person, to individually determine which acts person can perform by himself, alone or with the assistance of the tutor, and which one can be performed by the tutor only. The objectives of the study determine the leading role of the comparative legal method in its implementation. The provided research makes possible to assess the perspectives of borrowing of French or Quebec dispositive models of active legal capacity of people with mental disorder by the Russian legislator.

Pelaksanaan Pencatatan Blokir Sertipikat Hak Atas Tanah (Studi di Kantor Pertanahan Kabupaten Sleman dan Bantul)

Tunas Agraria ◽  
2019 ◽  
Vol 2 (2) ◽  
pp. 117-135
Author(s):  
Anisa Sekarsari ◽  
Haryo Budhiawan ◽  
Akur Nurasa
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
Legal Certainty ◽  
Land Registration ◽  
Land Dispute ◽  
Time Period ◽  
Recording Process ◽  
Potential Loss ◽  
The Government

Abstract: In order to give the assurance of legal certainty, certainty of rights and legal protection to holders and owners of land rights, the land registration shall be carried out. However, there is still a land dispute which now become a homework for The Government. This is because the certificate which should be a strong evidentiary can not guaranteed the legal certainty for the owner, so the person who right the land can blocking the certificate of land rights at Land Office. The issuance of Regulation Minister of Agrarian Affairs and Spatial / Head of National Land Office Number 13 Year of 2017 concerning the Procedures of Block and Sita which expected to create uniformity, standardization in recording process and abolition of registration blocked, it turns out not all the rules can be implemented at The Land Office of Sleman and Bantul Regency.The result of this research shows that blocking certificate process at Sleman Land Office and Bantul Land Office have a policy that the applicant is required to pay the blocking recording fee after the blocking received. Makes a potential loss to the (PNBP) which should be owned by Land Office for faced the problem of KKPweb application which have not been able to accomodate the time period of blocking. Keywords : blocking certificate, blocking, registration blocked Intisari: Dalam rangka memberikan jaminan kepastian hukum dan kepastian hak serta perlindungan hukum kepada pemegang dan pemilik hak atas tanah, maka dilaksanakan pendaftaran tanah. Namun demikian, masih saja terjadi sengketa pertanahan yang saat ini menjadi pekerjaan rumah bagi Pemerintah. Hal ini disebabkan karena, sertipikat sebagai alat pembuktian yang kuat ternyata belum menjamin kepastian hukum pemiliknya sehingga pihak yang merasa berhak atas tanah tersebut dapat melakukan blokir sertipikat hak atas tanah di Kantor Pertanahan. Dikeluarkannya Permen ATR/Kepala Nomor 13 Tahun 2017 tentang Tata Cara Blokir dan Sita yang diharapkan bertujuan untuk mewujudkan keseragaman, standarisasi dalam pelaksanaan pencatatan dan penghapusan catatan blokir ternyata tidak semua peraturan tersebut dapat dilaksanakan di Kantor Pertanahan Kabupaten Sleman dan Bantul. Hasil penelitian menunjukan bahwa pelaksanaan pencatatan blokir di kantor pertanahan Kabupaten Sleman dan Kabupaten Bantul terdapat kebijakan yaitu pemohon diwajibkan membayar biaya pencatatan blokir setelah blokirnya diterima membuat potensial loss terhadap (PNBP) yang seharusnya didapat kantor pertanahan untuk kendala yang dihadapi yaitu Aplikasi KKPweb yang belum dapat mengakomodir jangka waktu blokir. Kata Kunci: blokir sertipikat, pemblokiran, pencatatan blokir

scholarly journals Kekuatan Hukum Pelekatan Sidik Jari Penghadap Oleh Notaris Pada Minuta Akta

Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 436
Author(s):  
Wulan Wiryantari Dewi ◽  
Ibrahim R
Keyword(s):  
Legal Protection ◽  
Civil Code ◽  
Legal Research ◽  
Legal Relationship ◽  
The People ◽  
Notary Public ◽  
Administrative Sanctions ◽  
Legal Consequences

The notary's role is to provide legal protection to the people who use his services. The presence of a Notary is indispensable for the community concerned to hold a legal relationship with other individuals so that the Notary may also be liable. In the provisions of Article 16 paragraph (1) letter c of the Amendment Law, it is stipulated that in carrying out his position, the Notary is required to attach fingerprints on the minutes of the deed, giving rise to various polemics, because the said provisions do not stipulate further if in this case the smoker suffers from finger defects or events that result in damage to fingerprints which makes the investigator unable to put his fingerprint. The purpose of this research is to find out how the efforts that can be done by a notary against those who are unable to put fingerprints and the legal consequences of the absence of fingerprints against the strength of the deed. This research is a type of normative legal research. The results of this study indicate that efforts can be made by a notary if there are those who suffer from finger defects or experience events that cause fingerprint damage so that they cannot attach their fingerprints to the minutes of the deed, the relevant Notary can explain the matter at the end of the deed. he made it because the fingerprints attached to the address are an act that is required to a notary that can lead to administrative sanctions as contained in the Amendment Law. Due to the legal absence of fingerprints attached to the strength of the deed that is the deed made by the relevant Notary Public remains an authentic deed even though the fingerprints of the tappers are not attached based on Article 1869 of the Civil Code and the deed is valid and legally binding as long as the provisions contained in Article 1320 are fulfilled Civil Code.

scholarly journals Tinjauan Yuridis terhadap Perjanjian Kerja Yang Dibuat Secara Lisan

2019 ◽  
Vol 5 (1) ◽  
pp. 8
Author(s):  
Fauzi Sumardi ◽  
Ridho Mubarak
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Field Research ◽  
Civil Code ◽  
Employment Relationships ◽  
Work Relations ◽  
Library Research ◽  
Work Relationship ◽  
Conducting Research ◽  
Laws And Regulations

<p><em>Juridical Review Of Work Agreements Made Orally</em></p><p><em><br /></em></p><p><em>A verbal work agreement is a work relationship that is made without the signing of a work agreement, a verbal work agreement is sufficient with a statement that is mutually agreed upon by both parties and should be witnessed by at least two witnesses. The purpose of this study was to find out how the legal strength of work agreements made verbally and how legal protection for workers whose employment relationships are based on verbal work agreements. The research method used is the library research method, namely by conducting research on various written reading sources, and the Field Research method, which is a juridical review of workers whose work relations are based on verbal work agreements. The purpose of this study is to find out the answers to the problems discussed. The results of the study indicate that the legal strength of the work agreement made orally is not specifically regulated in the Civil Code or in other laws and regulations so that the arrangement of oral agreements only follows the arrangement of work agreements in general</em></p>

scholarly journals PERLINDUNGAN HUKUM KONSUMEN ATAS KESAMAAN BUNYI MEREK TERHADAP BARANG YANG TIDAK SEJENIS

2020 ◽  
Vol 5 (2) ◽  
pp. 185
Author(s):  
Evelyn Larissa Florentia Wijaya
Keyword(s):  
Practical Purpose ◽  
Pharmaceutical Preparations ◽  
Legal Protection ◽  
Trademark Infringement ◽  
Consumer Rights

The practical purpose of the article is to find out whether consumers get legal protection if something goes wrong in choosing a product that has similar terms but different classification of types. The research is juridical-normative. With regard to the case of MICROCIDE (pharmaceutical preparations) and MICROZID (disinfectant), abviously the isues are different from trademark infringement in general. The use of different terminologies will possible to make consumers to be wrong in choosing the products which can cause a danger when it is consumed. There is remain legal vacuum in the absence of implementing regulations that regulate the same brand in principle for goods that are not of the same type so that consumer’ rights cannot be fulfilled.

scholarly journals An Analysis on Farmer Rights in International Trade Under Indonesian Law

2020 ◽  
Vol 8 ◽  
pp. 200-204
Author(s):  
Imanullah Moch Najib
Keyword(s):  
International Trade ◽  
Legal Protection ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Interpretation ◽  
Legal Research ◽  
Indonesian Government ◽  
Triangulation Method ◽  
Alternative Solutions

The aims of this research were to examine the legal protection on the farmer rights in international trade under Indonesian law. The research was important to provide various alternative solutions over the problem of inabilities of farmer to be a subject of international trade and to review whether the Indonesian Government gave legal protection to farmer rights. It was an empirical legal research, which using primary and secondary data. Primary data was collected from the respondents and informants while the secondary ones were taken from primary and secondary legal materials. The validity of data used sources triangulation method while all of data were analysed by analysis of editing style through legal interpretation. The result showed that Indonesian Government through enactment of its legislation has not been providing the legal protection to the farmer rights in international trade optimally. Moreover, this study was expected to contribute in reforming over legislation that regulates the protection of farmer rights.

scholarly journals Violation of Consumer Rights by Electronic Media through Advertisements

2015 ◽  
Vol 1 (2) ◽  
pp. 69-76
Author(s):  
Ghulam Safdar ◽  
Ghulam Shabir ◽  
Abdul Wajid Khan
Keyword(s):  
Legal Protection ◽  
Research Paper ◽  
Electronic Media ◽  
Recent Past ◽  
Caveat Emptor ◽  
Face To Face ◽  
Consumer Rights ◽  
Open Markets ◽  
The Relationship

This research paper attempts to evaluate the consumer rights and their violation by electronic media through advertisement. This is misguiding the consumer to buy harmful and unnecessary products. This research also aims at interpolating and ascertaining the onus of responsibility of a responsible media with regards to advertising. In the recent past the principle of "Caveat Emptor" which meant "Buyers beware" governed the relationship between a seller and buyer. In the era of open markets the buyer and seller came face to face, seller exhibited his goods, and buyer thoroughly examined them and then purchased them. The assumption would be consumer would use all his care and skill while entering into a transaction. The buyer to examine the goods beforehand and most of the transactions are now concluded by correspondence. Discussion on consumer's rights and their violation by media through advertisements is suggestive that consumers today enjoy a good amount of legal protection. But, even today, a large number of us remain exploited.

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