scholarly journals Penerapan Pre-Sale Disclosure sebagai Perlindungan Hukum Pembeli Bentuk Bisnis “Business Opportunity Ventures” Ditinjau melalui Undang-undang Republik Indonesia Nomor 8 Tahun 1999 tentang Perlindungan Konsumen

2020 ◽  
Vol 13 (1) ◽  
pp. 1-14
Author(s):  
Astrid Amidiaputri Hasyyati ◽  
Mukhammad Tismandico Ilham Zulfikar ◽  
Kadek Deddy Permana Artha ◽  
Arif Rahman
Keyword(s):  
United States ◽  
Federal Trade Commission ◽  
Dispute Settlement ◽  
The United States ◽  
Comparative Approach ◽  
Conceptual Approach ◽  
Business Opportunity ◽  
Transaction Process ◽  
Business Form

The form of business "Business Opportunity Ventures" that has developed in Indonesia has the same meaning as the franchise business form, but the two business forms are basically different. BO is regulated in the Business Opportunity Sales Law of 1995 by the Federal Trade Commission of the United States. Different forms of business certainly require different arrangements. This is motivated by the reason that the business forms that have not been regulated in a law are prone to fraud and injustice in the transaction process. buyers of this form of business. In this study using a normative juridical method with the statutory approach, conceptual approach, and comparative approach. Fraud and injustice received by BO Buyers can be done legally through the Consumer Dispute Settlement Agency as stipulated in the UUPK.

YURIDICAL ANALYSIS OF THEORY OF THEORY OF ETHICAL FACILITIES DUTIES LAW COMPETITION COMPETITION IN INDONESIA

2018 ◽  
Vol 3 (2) ◽  
pp. 257
Author(s):  
Nandi Wardhana
Keyword(s):  
United States ◽  
Legal Protection ◽  
The United States ◽  
European Countries ◽  
Comparative Approach ◽  
Conceptual Approach ◽  
Dominant Firm ◽  
Rule Of Reason ◽  
Sherman Act ◽  
Theory Of Theory

Indonesian competition law today requires a renewal of one of them concerning the doctrine of essential facilities duties. The doctrine essential facilities duties is a doctrine imposed on a dominant business actor who has access to essential facilities to provide access for competing business actors to use the facility. Regulation of essential facilities duties are needed to reduce dominance of a dominant firm in a particular market. This study uses a statutory approach, conceptual approach, and a comparative approach between the arrangements in the United States, Europe and Indonesia. The approach is expected to illustrate, harmonize problems arising, and provide better legal protection in the world of business competition. The doctrine essential facilities duties were first applied in the United States and then followed by European countries. The doctrine of essential facilities duties in the United States is based on the sherman act and uses theapproach rule of reason. The doctrine of essential facilities duties in European countries based on EC focuses on refusal to deal. The doctrine of essential facilities duties is explicitly implied in Law No. 5 of 1999. From this study it is concluded that the regulation on essential facilities duties in Law No. 5 of 1999 still can not provide a good legal protection for business competition in Indonesia.

scholarly journals Comparison of First to File Doctrine and Trademark Dispute Settlement Mechanism in Indonesia and the United States

2021 ◽  
Vol 04 (07) ◽  
Author(s):  
M. Iqbal Simatupang ◽  
Keyword(s):  
United States ◽  
Dispute Settlement ◽  
Secondary Data ◽  
The United States ◽  
Comparative Approach ◽  
Common Mechanism ◽  
Dispute Settlement Mechanism ◽  
Trademark Law ◽  
The Difference ◽  
Settlement Mechanism

The research explained comparatively the application of the first to file doctrine and the trademark dispute settlement mechanism in Indonesia and in the United States. The purpose of this research was to provide a broad explanation of the application of the first to file doctrine and provide an overview of the mechanism for settling the problem of infringement of trademark rights. This study used a normative juridical research method with a statutory approach (Statute Approach) accompanied by a Comparative Approach, the data used was secondary data. Based on the research results, it was known that the Trademark Law still recognizes and / or implements the first to file and first to use doctrine. In Indonesian law, which basically adheres to the first to file doctrine, it still provides room for the first user to claim ownership of a trademark. Meanwhile, The Lanham Act accommodates the doctrine of first to use and first to file simultaneously but is limited by the trademark rights protection space. The mechanisms for settling trademark rights infringement disputes in Indonesia and in the United States have similarities and differences. The similarity is in both country, trademark dispute settllement is done through the litigation and non-litigation mechanism. The difference is that in Indonesia the most common mechanism is litigation, while in the United States the non-litigation mechanism is preferred in settling disputes over trademark rights.

scholarly journals PROTECTION OF PATENT RIGHTS

2018 ◽  
Author(s):  
Deni Hardianata
Keyword(s):  
United States ◽  
Legal System ◽  
Patent Protection ◽  
The United States ◽  
Comparative Approach ◽  
Conceptual Approach ◽  
State Regulations ◽  
Transfer Of Technology ◽  
The Difference ◽  
The Uk

The difference in the legal system for protecting the scope of patents in various countries, not only imports new investments but also determines the technology transfer process of a country. Widespread protection causes the transfer of technology to be not easy despite the lack of protection because patent owners suffer losses. The two differences in intention resulted in the need for comparative studies on patent protection coverage in countries. There are two problems that must be explored, first what are the differences and similarities in the scope of patent protection in state regulations and the second how does the legal system affect different events? This problem will use the research method of a comprehensive statute approach and comparative approach, case approach, and conceptual approach. The results of the study found patent protection in European countries, the United States, Japan, and Indonesia have similarities in protection requirements that regulate new things, inventive steps, and industrial application. However, protection in the United States was initially to create temporary bases of other countries based on the first file. Then the scope of patent protection there was that Germany had implemented the widest protection, then the United States, and Japan, then the Netherlands. It means that the UK is a limited protection state. Differences in patent protection are influenced by the common law legal system which refers more to precedents than to civil law with its codification. Germany is the only country that applies rigid codification to patent protection. This means that Indonesia has limited patent protection coverage related to the limited cases resolved in court

scholarly journals The Form of The Presidential System in Indonesia: A Comparative Study of Several Countries

2021 ◽  
Vol 10 (2) ◽  
pp. 277
Author(s):  
Putu Gede Arya Sumerta Yasa
Keyword(s):  
United States ◽  
South Korea ◽  
The United States ◽  
The Philippines ◽  
Comparative Approach ◽  
Conceptual Approach ◽  
United States South ◽  
State Institutions ◽  
Presidential System ◽  
Excess Power

The purpose of this research is to determine how the form of the presidential system adopted by Indonesia and to compare the presidential system in Indonesia with several countries such as the United States, South Korea and the Philippines. The research method used in this study is a normative legal research which used statute approach, conceptual approach, and comparative approach to examine the vacuum of norm regarding the presidential system in Indonesia. The results show that Indonesia adheres to non pure presidential system, namely a quasi-presidential system which is indicated by the horizontal relationship between state institutions. In the implementation of the presidential government system, every country has different characteristics so that it undergoes modifications depending on the situation and conditions of the country that adheres to it. When Indonesian presidential system compared with the United States, South Korea and the Philippines, it will show the special characteristics and weaknesses of each country. The indicators used in comparing presidential systems in several countries are the form of the presidential system, special characteristics, and weaknesses which in general are excess power in the executive.

United States – Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products – Recourse to Article 21.5 of the DSU by Mexico (US–Tuna II (Mexico) (Article 21.5 – Mexico), DS381)

2016 ◽  
Vol 15 (3) ◽  
pp. 523-525
Author(s):  
Geoffrey Carlson
Keyword(s):  
United States ◽  
Dispute Settlement ◽  
The United States ◽  
Technical Barriers To Trade ◽  
Appellate Body ◽  
Final Rule

This compliance proceeding under Article 21.5 of the DSU concerned measures taken by the United States to implement the recommendations and rulings of the Dispute Settlement Body (DSB) in US–Tuna II (Mexico). In US–Tuna II (Mexico), the DSB found that certain US measures concerning the importation, marketing, and sale of tuna products (taken together, the Original Tuna Measure) were inconsistent with the Agreement on Technical Barriers to Trade (the TBT Agreement). The Original Tuna Measure, inter alia, contained conditions under which tuna products could be labelled ‘dolphin safe’. The United States' measure taken to comply with the recommendations and rulings of the DSB consisted of an amendment to the Original Tuna Measure (the 2013 Final Rule). The Appellate Body generally referred to the Original Tuna Measure, together with the 2013 Final Rule, as the Amended Tuna Measure. The Amended Tuna Measure was the focus of this compliance proceeding.

Extraterritorial Shrimps, NGOs and the WTO Appellate Body

1999 ◽  
Vol 48 (1) ◽  
pp. 199-206 ◽  
Author(s):  
Asif H. Qureshi
Keyword(s):  
United States ◽  
Dispute Settlement ◽  
Market Access ◽  
The United States ◽  
Consultation Process ◽  
Appellate Body ◽  
Wto Dispute Settlement ◽  
The Us ◽  
Wto Appellate Body ◽  
Dispute Settlement System

At the centre of the international trading order, under the framework of the World Trade Organization (WTO), lies a dispute-settlement system. This system offers a graduated conflict-resolution mechanism that begins with a consultation process; progresses to adjudication, through a panel system, and ends in an appellate process.1 Under this machinery, in October 1996 India, Malaysia, Pakistan and Thailand (the complainants) requested joint consultations with the United States, regarding the US prohibition on the importation of certain shrimps and shrimp products caught with fishing technology considered by the United States adversely to affect the population of sea turtles—an endangered species under CITES.2 The US prohibition arose from section 609 of Public Law 101–1623 and associated regulations and judicial rulings (hereafter referred to as section 609). In a nutshell the complainants claimed denial of market access to their exports, and the United States justified this on grounds of conservation. However, as a consequence of the failure of the consultations, the WTO Dispute Settlement Body established a panel, around April 1997, to consider a joint complaint against the United States in relation to section 609. Australia, Ecuador, the European Communities, HongKong, China, Mexico and Nigeria joined the complainants as third parties. In May 1998 the panel's report was published, containing a decision in favour of the complainants. In July 1998 the United States appealed to the WTO Appellate Body, and in October 1998 the Appellate Body issued its report.4

scholarly journals SEMANTICS AND LEGAL INTERPRETATION: AN APPROACH FROM A COMPARATIVE STUDY OF THE VALUE OF EMBRYONIC LIFE UNDER THE ARGENTINE AND U.S. CONSTITUTIONAL CASE LAW

2014 ◽  
Vol 1 (2) ◽  
pp. 33
Author(s):  
María del Pilar Zambrano ◽  
Estela B. Sacristán
Keyword(s):  
United States ◽  
Comparative Study ◽  
Case Law ◽  
The United States ◽  
Comparative Approach ◽  
Legal Interpretation ◽  
Embryonic Life

The paper analyzes the issue of legal interpretation of the Constitution in the light of a comparative approach between the case law of Argentina and the United States about the value attributed to embryonic life.

Exceeding the Limits of Territorial Bounds: The Helms-Burton Act

1997 ◽  
Vol 34 ◽  
pp. 161-213
Author(s):  
H. Scott Fairley
Keyword(s):  
United States ◽  
International Law ◽  
International Institutions ◽  
Dispute Settlement ◽  
Trade Agreements ◽  
The United States ◽  
International Trade Agreements ◽  
Title Iv ◽  
Trading Partners ◽  
Title Iii

SummaryThe author argues that the Helms-Burton Act violates general principles of international law. The analysis begins with a brief discussion of the extraterritorial purposes, structure, and operation of the act, followed by a survey of international responses to Helms-Burton by the principal trading partners of the United States: diplomatic protest, formalized dispute settlement under international trade agreements, retaliatory blocking leghlation, and multi-hteral scrutiny in and by international institutions. The author then turns to principles of jurisdiction with a view to demonstrating that Helms-Burton does not meet the applicable thresholds to support either the private right to sue for trafficking in confiscated property under Title III of the act or the governmental exclusion of designated aliens from admission to the United States under Title IV. In this regard, substantive international law arguments in relation to extraterritoriality and nationality, remoteness, the effects doctrine, human rights, and the reasonable expectations of other nations are also considered.

Applied Comparative Law: Researching Foreign Law in an Imperfect World

2002 ◽  
Vol 30 (2) ◽  
pp. 232-243 ◽  
Author(s):  
David S. Clark
Keyword(s):  
United States ◽  
International Law ◽  
Cultural Context ◽  
English Language ◽  
The United States ◽  
Comparative Approach ◽  
Foreign Law ◽  
The Social ◽  
International Legal System ◽  
Anglo American

I admit that I am an addict, a compulsive user of libraries and especially law libraries. As a comparative lawyer I need to investigate foreign law, which for me is the law of jurisdictions outside the United States. Since I believe the social and cultural context in which law operates is important to its understanding, I must leave the relative comfort of United States libraries and venture abroad to learn about the features of legal systems not adequately described in books. Beyond common law countries, as the IALL 20th Annual Course illustrates, the language of law is something other than English: yet another hill to climb to understand foreign law. For most of you, United States law is foreign law, which is the other side of the same issue. In addition, public international law lawyers could benefit from the comparative approach. This is particularly true for those from the Anglo-American world who rely almost exclusively on English language materials in their research. This narrow perspective undercuts the fundamental premise of universality behind a truly international legal system.

Asian Immigrant Parents’ Role Enactment While Accessing and Using Services for Their Child With Developmental Disabilities in the United States: A Meta-Synthesis Study

2020 ◽  
Vol 30 (11) ◽  
pp. 1632-1646
Author(s):  
I-Ting Hwang ◽  
Jessica M. Kramer ◽  
Ellen S. Cohn ◽  
Linda L. Barnes
Keyword(s):  
United States ◽  
Developmental Disabilities ◽  
Role Theory ◽  
The United States ◽  
Comparative Approach ◽  
Immigrant Parents ◽  
Parental Role ◽  
Asian Immigrant ◽  
Role Enactment ◽  
Acculturation Theory

We conducted a meta-synthesis to explore how Asian immigrant parents in the United States enact their perceived parental role while using health and educational services for their child with developmental disabilities. We identified 11 qualitative studies for analysis, and examined these studies using a constant comparative approach and thematic analysis informed by role theory and acculturation theory. Based on our analysis, five themes related to parents’ role enactment emerged: (a) parents perceive a multifaceted parental role; (b) parents’ individual factors influence their role enactment; (c) system factors influence parents’ role enactment; (d) parents use coping strategies to address role dissatisfaction; and (e) parental role enactment is a continuously evolving process influenced by acculturation, which spirals them toward their ultimate goal of helping their child thrive. Findings can inform practitioners’ and researchers’ understanding of how to create a culturally safe environment to support Asian immigrant parents in realizing their parental role.

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