scholarly journals Settlement Of Civil Disputes Regarding Incompatibility Of Objects Of Online Purchase

2021 ◽  
Vol 1 (2) ◽  
pp. 13
Author(s):  
Hadziqotun Nadliyah ◽  
Dhevi Nayasari
Keyword(s):  
Consumer Protection ◽  
Criminal Code ◽  
Fake News ◽  
Applicable Law ◽  
Online Purchase ◽  
Electronic Transactions ◽  
The Difference ◽  
Use Of Internet ◽  
Real Action

  The thing to remember is that buying and selling online is on the principle is the same as the factual sale and purchase on generally. Consumer protection law related to sale transactions even buying online as we previously explained is no different with the applicable law in real buying and selling transactions. The difference is only in the use of internet facilities or means other telecommunications. The result is in buying and selling transactions online it is difficult to do execution or real action if there is a dispute or a criminal act of fraud. Deep cyber nature transactions electronically allows everyone either the seller not the buyer disguises or falsifies the identity inside every transaction or sale and purchase agreement. In the event that the business actor or seller is using an identity fake or gimmick in buying and selling online, then business actors can also be convicted based on Article 378 of the Book The Criminal Code (“KUHP”) on fraud and Article 28 paragraph (1) of the ITE Law on spreading fake news and misleading which results in consumer losses in Electronic Transactions.

scholarly journals Analisis Kebijakan Pengendalian Pelaku Hoax dan Ujaran Kebencian

PERSPEKTIF ◽  
2020 ◽  
Vol 9 (1) ◽  
pp. 79-86
Author(s):  
Fauziah Lubis
Keyword(s):  
Digital Media ◽  
Research Method ◽  
Hate Speech ◽  
Criminal Code ◽  
Ethnic Discrimination ◽  
Fake News ◽  
Electronic Transactions ◽  
Racial And Ethnic Discrimination ◽  
False News ◽  
Statutory Regulation

This study aims to review and analyze the policy of controlling fake news or hoaxes and expressions of hatred based on Law Number 11 which has been changed to Act Number 19 of 2016 concerning Information and Electronic Transctions as well as several other provisions. This research method is a qualitative research method by analyzing a statutory regulation. Besides that, it also examines the sources of textbooks, journal books in the library to support data and information in analyzing. The results of this study indicate that the basic policy regarding the dissemination of false news or hoaxes and hate speech that has been regulated in Law Number 19 Year 2016 article 28 paragraphs 1 and 2 has been effective because it can limit the space for the perpetrators of hoaks and hate speech. More specifically, the perpetrators can be charged with other related articles namely article 311 and 378 of the Criminal Code, Article 27 paragraph 3 of Law Number 19 of 2016 concerning Information and Electronic Transactions, Law No. 40 of 2008 concerning the Elimination of Racial and Ethnic Discrimination, as well as the perpetrators of spreading false news may also be subject to articles related to hate speech. Besides that, the more rapid and development of digital technology today, the more diverse the new crimes committed through this digital media, in this case the spread of false news (Hoax) that is rife. As many as 800,000 sites in Indonesia have been indicated as spreading false information.

Differentiating Insult from Other Criminal Offences under the Bulgarian Criminal Code, as well as from the Administrative Offence pursuant to the Petty Delinquency Counteraction Decree

De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Vladimir Popov ◽  
◽  
◽  
Keyword(s):  
Subject Matter ◽  
Criminal Code ◽  
Bodily Injury ◽  
Subjective Perspective ◽  
The Difference

This paper presents a brief overview of the act of insult, pursuant to Article 146, Paragraph 1, and Article 148, Paragraph 1, Sections 1‒4 of the Bulgarian Criminal Code /CC/) in comparison with other criminal offences under the CC, as well as with the administrative offence pursuant to the Petty Delinquency Counteraction Decree, where honour and dignity constitute the primary or additional subject matter of the defence. The paper takes into account the exisiting common characteristics of the criminal offences in question from both an objective and a subjective perspective, where different communicative situations resort only to derogatory attitude on the part of the deed’s subject towards the object of the infringement, or such attitude represents an aspect of the broader range of the illegal deed. The analysis includes a comparison between insult, as defined in Article 146, Paragraph 1 of the CC, and “grave insult”, as defined in the texts of Article 118, Article 124, Paragraph 2, and Article 132, Paragraph 1 of the CC. In addition, it contrasts the concept of insult in terms of definition and content with the insult pursuant to Article 146, Paragraph 1, and Article 148, Paragraph 1, Sections 1‒4 of the CC, with the criminal offences of military insult under Article 378 of the CC, delinquency under Article 325 of the CC, and petty delinquency under Article 1, Paragraph 2 of the Petty Delinquency Counteraction Decree, as well as with the offence of minor bodily injury under Article 130, Paragraph 2 of the CC. An emphasis is placed on the difference between them.

scholarly journals A Review : Fake News Analysis and Detection

2020 ◽  
pp. 67-69
Author(s):  
Mridula Arvind Halgekar ◽  
Vidya Kulkarni
Keyword(s):  
Random Forest ◽  
Professional Life ◽  
Personal Life ◽  
Fake News ◽  
News Analysis ◽  
The World ◽  
The Difference

With the growing world in terms of technology and population, the growth of technological use by the population has also increased. The technology has become a part of every human being’s life. It is not just a part of his professional life but also a part of his personal life. There are so many things happening in the world that keeps the world changing. To grow along with this growing world, we need to keep ourselves updated. Media plays an important role in keeping the population updated. The world is kept updated irrespective of the location of the population reading the news and the location of the incident occurring. Fake news is the biggest drawback in this process. We believe what we see and what we read as it the only way to keep ourselves updated. So Fake news hampers the population and may result in unexpected incidents. So it is the need of the hour to understand the difference between real and fake news. This project is for fake news analysis and detection. A dataset of news is considered, pre processing is done and then the fake news and real news are predicted using random forest and xgboost algorithms.

Big Tech’s Novel Harms: Antitrust or Regulation?

2020 ◽  
pp. 238-256
Author(s):  
Nicolas Petit
Keyword(s):  
Consumer Protection ◽  
Hate Speech ◽  
Revenue Sharing ◽  
Monopoly Power ◽  
The Novel ◽  
Policy Options ◽  
Fake News ◽  
Power Regulation ◽  
Utilities Regulation ◽  
The Way

This chapter explores policy options for novel harms like privacy, fake news, or hate speech in digital markets. The discussion shows that the novel harms allegedly inherent in big tech firms are not strictly related to monopoly power. Regulation is thus the way forward, not competition. And consumer protection regulation is a better approach than competition spirited “utilities regulation” or revenue-sharing driven “retail regulation.”

Analisis Ekualisasi SPT Masa PPN Dengan SPT PPh Badan Terhadap Kewajiban Perpajakan PT. Adiyana Teknik Mandiri

2018 ◽  
Vol 6 (3) ◽  
pp. 117-122
Author(s):  
Irham Firdauza Pratama ◽  
Hadi Sutomo
Keyword(s):  
Income Tax ◽  
Value Added ◽  
Preventive Measure ◽  
Income Taxes ◽  
Financial Statement ◽  
Corporate Income Tax ◽  
Applicable Law ◽  
Tax Returns ◽  
Tax Audit ◽  
The Difference

Many cases are related to corrections caused by the occurrence of VAT and Income Tax equalization. The difference in reporting the circulation of business on the VAT SPT with the Corporate Income Tax Return is the object of the tax authorities' examination. Basically, equalization is not to find the same number of circulation businesses but to find the cause of the difference between the VAT Period of Income Tax and the Corporate Income Tax Return. These differences are often due to differences in provisions between Income Taxes and Value Added Taxes, such as tax objects, exchange rates, and so on. The purpose of this study was to find out how to report the circulation of business between the VAT Period of VAT and Corporate Income Tax Returns of PT. AdiyanaTeknikMandiri. To find out the process and analysis of equalization between VAT Period of VAT and Corporate Income Tax Returns at PT. AdiyanaTeknikMandiri. To find out the equalization benefits of the VAT Period SPT with Corporate Income Tax Returns for companies. This study uses a comparative descriptive method with qualitative and quantitative data, namely by analyzing and processing financial statement data and existing fiscal reports, then comparing the circulation of business to the results of calculations according to the VAT Period of VAT and Corporate Income Tax Returns, then processed further to provide an explanation of the difference in business circulation generated. The results of this study indicate that PT. AdiyanaTeknikMandiri that the company in reporting the circulation of its business has not been reported as it should, it is known after equalizing it is known that there is a number of business circulation that has not been reported in the VAT Period SPT report so that it causes a difference in the amount of business circulation between the VAT Period of Income Tax and the Corporate Income Tax Return. Equalization process is carried out by comparing the VAT Period report with the Corporate Income Tax Return, collecting data on business circulation in the ledger, comparing the data obtained, then analyzing the factors that cause the different reporting of business circulation. Equalization benefits for the company, which can be a preventive measure to face a tax audit by the tax authorities, so that the company can explain in accordance with the conditions that occur, equalization can also be a benchmark of compliance and increase the accuracy of taxpayers in reporting the amount of tax obligations in accordance with the applicable law .   Keywords: tax equalization, business circulation, corporate income tax return

Journalism Educators, Regulatory Realities, and Pedagogical Predicaments of the “Fake News” Era: A Comparative Perspective on the Middle East and Africa

2019 ◽  
Vol 74 (2) ◽  
pp. 143-157 ◽  
Author(s):  
Bruce Mutsvairo ◽  
Saba Bebawi
Keyword(s):  
Middle East ◽  
Media Literacy ◽  
Fake News ◽  
Conspiracy Theories ◽  
Global Trends ◽  
Exponential Expansion ◽  
Local Contexts ◽  
Social Media Platforms ◽  
The Difference ◽  
State Of Affairs

From diplomatic spats between Qatar and Saudi Arabia to ubiquitous deceptive “news” updates purportedly sent by the Eritrean government urging all men to marry two wives or risk imprisonment, the future of fact-based reporting appears uncertain as mass media recipients world over become accustomed to consuming “fake news.” Despite the exponential expansion of journalism educators in the Middle East and Africa, several curriculums in these regions have been struggling to cope with the rising dominance of the “fake news” movement. Both regions have a well-documented appetite for conspiracy theories and indeed the power of disinformation and propaganda, which seem to have gathered steam in the wake of deliberate dissemination of hoaxes or sensationalist stories predominantly distributed via social media platforms, potentially posing a threat to the credibility of journalism. This article provides an updated state of affairs on the expansion of “fake news” in the Middle East and Africa arguing after an explorative examination of 10 journalism curriculums that educators need to focus on local contexts when preparing journalism modules. Although it is important to discuss global trends, developments, controversies, debates, and discussions involving the “fake news” movement, we think future journalists from both regions would benefit from media literacy courses that identify the difference between fact and fiction in relation to their own contexts. This is relevant because current pedagogical approaches appear influenced by developments abroad especially in these countries’ past colonial masters.

Definition of the Applicable Law to the Treaty on International Passenger Air Service in Russian Judicial Practice

2015 ◽  
Vol 3 (10) ◽  
pp. 0-0
Author(s):  
Владимир Канашевский ◽  
Vladimir Kanashevskiy
Keyword(s):  
Consumer Protection ◽  
Applicable Law ◽  
Judicial Practice ◽  
Foreign Law ◽  
Definition Of

The author researches the question of determination of applicable law to the contracts for the international carriage of passengers by air including application of Warsaw Convention and Montreal Convention, consumer protection laws, foreign laws and applicable terms and conditions of the aircraft companies. The author analyses inter alia the issues of determination of the content of applicable foreign law and jurisdiction of the courts over the disputes arising from the contracts for the international carriage of passengers by air. Specifically the author researches the issues of application of Russian Consumer Protection Law (as supra-imperative rules).

scholarly journals Economic Perspectives on Free Speech

2021 ◽  
pp. 117-136
Author(s):  
Daniel Hemel
Keyword(s):  
Free Speech ◽  
Law And Economics ◽  
Information Economics ◽  
Freedom Of Speech ◽  
Fake News ◽  
Marketplace Of Ideas ◽  
Goods And Services ◽  
Similarities And Differences ◽  
The Difference ◽  
Economic Perspectives

This chapter explores the potential for economic analysis to illuminate freedom of speech. For early scholars of law and economics, the similarities and differences between the metaphorical marketplace for ideas and literal markets for goods and services were subjects of much attention. The chapter then argues that information economics has the potential to explain failures in the ‘marketplace of ideas’. Just as information asymmetry in the market for goods and services allows low quality goods and services to drive high quality goods and services out of the marketplace, there is reason to think that ‘bad speech’ will tend to drive out the ‘good’. For good information to compete in the market, readers and listeners must be able to tell the difference between good and bad information—an idea with particular resonance in the age of ‘fake news’, and with potential implications for the design of free-speech laws.

scholarly journals DISPARITAS PERLINDUNGAN KEBEBASAN BEREKSPRESI DALAM PENERAPAN PASAL PENGHINAAN UNDANG-UNDANG INFORMASI DAN TRANSAKSI ELEKTRONIK

2019 ◽  
Vol 12 (1) ◽  
pp. 61
Author(s):  
Vidya Prahassacitta ◽  
Batara Hasibuan
Keyword(s):  
Research Methods ◽  
Freedom Of Expression ◽  
Court Decisions ◽  
Criminal Offense ◽  
Electronic Transactions ◽  
The Difference ◽  
Legal Force

ABSTRAKPasal penghinaan dalam Undang-Undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik sebagaimana telah diamandemen dengan Undang-Undang Nomor 19 Tahun 2016 merupakan pasal yang sering menimbulkan perdebatan. Penulis mengkaji putusan-putusan pengadilan periode tahun 2010-2016, dan menemukan rumusan masalah bagaimana disparitas penerapan pasal penghinaan dalam Pasal 27 ayat (3) jo. Pasal 45 Undang-Undang Informasi dan Transaksi Elektronik, dan pada aspek perlindungan terhadap kebebasan berekspresi? Penelitian menggunakan metode penelitian normatif dengan pendekatan undang-undang dan pendekatan kasus dilakukan untuk memperoleh jawaban. Analisis terhadap dua belas putusan pengadilan yang telah berkekuatan hukum tetap pada periode tahun 2010 sampai dengan 2016 diperoleh dua kesimpulan. Pertama, terjadi disparitas dalam penerapan Pasal 27 ayat (3) jo. Pasal 45 tersebut karena adanya disparitas ketika hakim menginterpretasikan unsur-unsur pasal tersebut. Kedua, terjadi disparitas dalam perlindungan kebebasan berekspresi akibat adanya disparitas tersebut, bahkan penerapan pasal tindak pidana penghinaan tersebut cenderung mengancam kebebasan berekspresi.Kata kunci: tindak pidana, penghinaan, kebebasan berekspresi. ABSTRACT Article of defamation in Law Number 11 of 2008 on Information and Electronic Transactions as amended by Law Number 19 of 2016 is every so often debated. This analysis examines court decisions around the period 2010-2016 with the formulation of the problem of how inconsistent the application of the defamation article in Article 27 paragraph (3) juncto Article 45 of Information and Electronic Transactions Law, along with the aspect of freedom of expression protection. This study uses normative research methods with law and cases approach to obtain answers. Out from analyzing twelve court decisions with have permanent legal force from 2010 to 2016, two conclusions are obtained. First, there is disparity in the application of Article 27 paragraph (3) in conjunction with Article 45 because of the disparity when the judge interprets the elements of the article. Second, there is disparity in the protection of freedom of expression due to the difference; even the application of the criminal offense article tends to threaten freedom of expression. The contradiction must be between the decisions of the same court, or at the same level. Keywords: criminal act, defamation, freedom of expression.

scholarly journals PERLINDUNGAN HUKUM PADA TINDAK PIDANA E-COMMERCE

2019 ◽  
Vol 18 (2) ◽  
pp. 215
Author(s):  
Dewi Setyowati ◽  
Candra Pratama Putra ◽  
Ramdhan Dwi Saputro
Keyword(s):  
Electronic Commerce ◽  
Consumer Protection ◽  
Legal Protection ◽  
Legal Basis ◽  
Electronic Evidence ◽  
Consumer Protection Act ◽  
Consumer Rights ◽  
Correct Information ◽  
Electronic Transactions ◽  
The Right

<p class="Normal1"><em>In executing a transaction to buy goods or services online, are required to be clear that the information will not cause consumers to lose. In terms of protecting the consumer, in Act No. 8 of 1999 on Consumer Protection, hereinafter called the Consumer Protection Act are one of the rights that are consumers, namely the right to correct information, clear and honest about the condition and guarantee of the goods and / or services , Then the rights for compensation, restitution and / or compensation, if the goods and / or services received are not in accordance with the agreement or not as it should be. This paper raises issues about how the legal protection of fraud in electronic commerce(e-commerce).The author will describe the victim in electronic commerce according to the study of victimology, the obligation of businesses on the products that will be offered electronically, protection of consumer rights in the conduct of electronic transactions and witnesses of crime that can catch the perpetrators of fraud in electronic transactions. Be consumers must be careful in making transactions although there has been a real UU ITE greatly assist consumers in electronic transactions and utilization activities in the field of information technology and telecommunications (ICT). Previously this sector has no legal basis, but is now increasingly clear that other forms of electronic transactions can now be used as a legitimate electronic evidence.</em></p><em><br /></em>

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