scholarly journals Comparative Law Analysis of Consumer Protection Law in E-Commerce Transaction Between Indonesia and United States

2021 ◽  
Vol 5 (2) ◽  
pp. 11-25
Author(s):  
Felix Pratama Tjipto
Keyword(s):  
United States ◽  
Law Enforcement ◽  
Consumer Protection ◽  
Rapid Growth ◽  
Comparative Law ◽  
Legal Framework ◽  
Abuse Of Power ◽  
Online Transactions

Innovation of technology and rapid growth of digitalization is steadily increasing its capacity in supporting human daily tasks, one of which is through online transactions that are increasing rapidly due to the occurrence of COVID-19 pandemic which forces people to do their activities from home. Nevertheless, the increased usage of technology directly affects the rise in creating loopholes and abuse of power which may violate the regulations and consumer’s rights in doing online transactions. This paper shall discuss and provide comparative and statute approach analysis between Indonesian and U.S law, its creation methods, organizations involved and law enforcement since it is important to address this issue in order to ensure that the enforcement of a solid legal framework is really being applied to regulate this matter. 

scholarly journals Problematic issues of granting subsidies to business entities: Russian experience

2018 ◽  
Vol 2 (3) ◽  
pp. 52-63
Author(s):  
Y. Gerasimenko ◽  
A. Syntin
Keyword(s):  
Law Enforcement ◽  
Local Governments ◽  
Legal Framework ◽  
Legal Basis ◽  
Legal Research ◽  
Public Authorities ◽  
Abuse Of Power ◽  
The Subject ◽  
The Russian Federation ◽  
Business Entities

The subject of the paper is Russian the legal framework and law enforcement practice con-cerning granting subsidies to business entities.The purpose of the paper is to identify the legal problems of state support for small and medium – sized businesses by granting subsidies.The methodology of paper includes the formal logical interpretation of Russian legislation, systematization of the court practice concerning application of art. 15.15.5 (pt. 2) Code of Administrative Offences of the Russian Federation and other regulations.The main results and scope of their application. The legal basis of providing subsidies is characterized. The business support programs in Russia are analyzed. The author's ap-proach to the distinction between the concepts of "terms of granting subsidies”, “terms established when granting subsidies" and the "terms of using subsidies" is substantiated. The valid and invalid conditions for the granting of subsidies as well as the reasons for their return are proven. The results of research may be used as the basis of correction of Russian and foreign legislation concerning granting subsidies to business entities as well as step in future legal research in this sphere.Conclusions. Public authorities and local governments do not take into account differences between the terms "conditions for granting subsidies" and "conditions for the use of subsi-dies", unreasonably apply civil law norms to the rules for granting subsidies. Regional au-thorities do not effectively use the legal opportunities provided to them by the Federal leg-islator, as well as often allow the abuse of power.

The Practice of the Italian Republic in the Field of Combating Money Laundering

2019 ◽  
Vol 6 (6) ◽  
pp. 103-107
Author(s):  
Денис Шелестинский ◽  
Denis Shelestinskiy ◽  
А. Буртасова ◽  
A. Burtasova
Keyword(s):  
United States ◽  
Great Britain ◽  
Law Enforcement ◽  
Money Laundering ◽  
Stock Exchange ◽  
The United States ◽  
Legal Framework ◽  
National Commission ◽  
Insurance Supervision ◽  
Financial Intelligence

The process of formation of the existing system of counteraction to legalization of proceeds from crime, which is based on the principles of interaction between financial, administrative institutions and law enforcement bodies, is considered in the work. Unlike the United States and Great Britain, the Ministry of Economy and Finance is responsible for developing policies to counteract money laundering in Italy. The paper analyzes the activities of the national financial intelligence unit of Italy — L’Unita` di informazione finanziaria per l’Italia (UIF), established in accordance with Legislative Decree 231/2007 as an independent body within the structure of the Bank of Italy, as well as the National Commission for Companies and The stock exchange and the Institute for Insurance Supervision. Based on the data received, the authors draw attention to the fact that Italy has a well thought-out regime for countering the legalization of proceeds from crime through a well-developed legal framework. During the research, the authors used historical, logical, statistical, systemic and prognostic methods of investigation. The main conclusion of the study was that the distinctive feature of the Italian system is the close interaction of the national financial intelligence unit with the Bank of Italy, whose formally independent but essentially structural subdivision is it.

SEARCH FOR AND SEIZURE OF EVIDENCE IN CYBER ENVIRONMENTS: A LAW-ENFORCEMENT DILEMMA IN SOUTH AFRICAN CRIMINAL PROCEDURE

2014 ◽  
Vol 1 (1) ◽  
pp. 48-67
Author(s):  
Vinesh M Basdeo ◽  
Moses Montesh ◽  
Bernard Khotso Lekubu
Keyword(s):  
Law Enforcement ◽  
South African ◽  
Legal System ◽  
Criminal Procedure ◽  
Integrated Approach ◽  
Physical World ◽  
Legal Framework ◽  
Time Zone ◽  
Legal Sanctions ◽  
Domestic Affairs

Investigating, deterring and imposing legal sanctions on cyber-criminals warrants an international legal framework for the investigation and prosecution of cybercrime. The real-world limits of local, state and national sovereignty and jurisdiction cannot be ignored by law-enforcement officials. It can be a strenuous task to obtain information from foreign countries, especially on an expedited basis – more specifically when the other country is in a different time zone, has a different legal system, does not have trained experts and uses different languages. In South Africa existing laws appear to be inadequate for policing the cyber realm. The effects and impact of information technology on the legal system have not yet received the attention they warrant. The challenges presented by the electronic realm cannot be solved merely by imposing existing criminal and criminal procedural laws which govern the physical world on cyberspace. The electronic realm does not necessarily demand new laws, but it does require that criminal actions be conceptualised differently and not from a purely traditional perspective. Sovereignty and the principle of non-interference in the domestic affairs of another state are fundamental principles grounding the relations between states; they constitute an important mechanism in the armoury of criminals. The harmonisation and enactment of adequate and appropriate transborder coercive procedural measures consequently play a pivotal role in facilitating effective international cooperation. This article examines the efficacy of South African laws in dealing with the challenges presented by police powers to search for and seize evidence in cyber environments. It analyses the rudimentary powers that exist in South African criminal procedure regarding the search for and seizure of evidence in cyber environments, and compares them against the backdrop of the more systemic and integrated approach proposed by the Cybercrime Convention.

International Agreements and U.S. Foreign Relations Law

2019 ◽  
pp. 155-171
Author(s):  
Jean Galbraith
Keyword(s):  
United States ◽  
Foreign Relations ◽  
Constitutional Law ◽  
Comparative Law ◽  
The United States ◽  
International Agreements ◽  
Constitutional History ◽  
Administrative Reforms ◽  
Administrative Efficiency ◽  
International Commitments

Over its constitutional history, the United States has developed multiple ways of joining, implementing, and terminating treaties and other international commitments. This chapter provides an overview of the law governing these pathways and considers the extent to which comparative law has influenced them or could do so in the future. Focusing in particular on the making of international commitments, the chapter describes how, over time, the United States came to develop alternatives to the process set out in the U.S. Constitution’s Treaty Clause, which requires the approval of two-thirds of the Senate. These alternatives arose partly from reasons of administrative efficiency and partly from presidential interest in making important international commitments in situations where two-thirds of the Senate would be unobtainable. These alternatives have had the effect of considerably increasing the president’s constitutional power to make international commitments. Nonetheless, considerable constraints remain on presidential power in this context, with some of these constraints stemming from constitutional law and others from statutory, administrative, and international law. With respect to comparative law, the chapter observes that U.S. practice historically has been largely but not entirely self-contained. Looking ahead, comparative practice is unlikely to affect U.S. constitutional law with respect to international agreements, but it might hold insights for legislative or administrative reforms.

Foreign Relations Law

2019 ◽  
pp. 43-61
Author(s):  
Karen Knop
Keyword(s):  
United States ◽  
International Law ◽  
Foreign Relations ◽  
Comparative Law ◽  
The United States ◽  
Legal Systems ◽  
The U.S

The two starting points for this chapter are that fields of law are inventions, and that fields matter as analytical frames. All legal systems deal with foreign relations issues, but few have a field of “foreign relations law.” As the best-stocked cabinet of issues and ideas, U.S. foreign relations law would be likely to generate the field elsewhere in the process of comparison. But some scholars, particularly outside the United States, see the nationalist or sovereigntist strains of the U.S. field, and perhaps even just its use as a template, as demoting international law. The chapter begins by asking whether this apprehension can be alleviated by using international law or an existing comparative law field to inventory the foreign relations issues to be compared. Finding neither sufficient, it turns to the U.S. field as an initial frame and sketches three types of anxieties that the U.S. experience has raised or might raise for international law. The chapter concludes by suggesting how Campbell McLachlan’s allocative conception of foreign relations law might be adapted so as to turn such anxieties about international law into opportunities.

Patient Autonomy, Capacity, and Consent

2020 ◽  
Author(s):  
Mary Donnelly ◽  
Jessica Berg
Keyword(s):  
United States ◽  
National Level ◽  
The United States ◽  
Legal Framework ◽  
National Standard ◽  
Legal Principles ◽  
Key Issues ◽  
Human Rights Norms ◽  
Law And Legislation

This chapter explores a number of key issues: the role of competence and capacity, advance directives, and decisions made for others. It analyses the ways these are treated in the United States and in selected European jurisdictions. National-level capacity legislation and human rights norms play a central role in Europe, which means that healthcare decisions in situations of impaired capacity operate in accordance with a national standard. In the United States, the legal framework is more state-based (rather than federal), and the courts have played a significant role, with both common law and legislation varying considerably across jurisdictions. Despite these differences, this chapter identifies some similar legal principles which have developed.

Medicaid Not Required to Fund Medically Necessary Abortions

1980 ◽  
Vol 1 (8) ◽  
pp. 3-6
Author(s):  
George J. Annas
Keyword(s):  
United States ◽  
Law Enforcement ◽  
United States Supreme Court ◽  
The United States ◽  
United States Constitution ◽  
Medical Procedures ◽  
Poor Women ◽  
Law Enforcement Agency ◽  
The Individual ◽  
Joint Resolution

In an extraordinary and highly controversial 5-4 decision, the United States Supreme Court decided on June 30, 1980, that the United States Constitution does not require either the federal government or the individual states to fund medically necessary abortions for poor women who qualify for Medicaid.At issue in this case is the constitutionality of the Hyde Amendment. The applicable 1980 version provides:|N]one of the funds provided by this joint resolution shall be used to perform abortions except where the life of the mother would be endangered if the fetus were carried to term; or except for such medical procedures necessary for the victims of rape or incest when such rape or incest has been reported promptly to a law enforcement agency or public health service, (emphasis supplied)

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