LEGAL, SOCIAL AND HISTORICAL ASPECTS OF LEGALIZATION OF SEXUAL SERVICES

2020 ◽  
Vol 10 (4) ◽  
pp. 101-108
Author(s):  
Oksana �nyshko ◽  
Keyword(s):  
Criminal Liability ◽  
Legal Protection ◽  
System Level ◽  
Sex Industry ◽  
Ethical Aspects ◽  
Negative Point ◽  
The World ◽  
The Government ◽  
Sexual Services ◽  
Positive Step

The main legal ways to the socio-political regulation of sexual services (prostitution) in different countries are considered. The main problems facing the society of each state in the field of regulation of prostitutes activity, their so-called �curatores� and clients. The participation of the state in identifying and solving the problems of the sex industry are defined. It is determined that an important role in the legalization of prostitution is played not only by the legal but also by the moral and ethical aspects, which have a lot of limits in every society. Four models of prostitution regulation that exist in different countries of the world are analyzed. It is substantiated that not every model in itself is effective and is optimal for implementation. It depends of the legal system, level of consolidation of society and position of the government on this issue. Criminal liability for pimping, which exists in Ukraine, is only a small positive step in the fight against illegal profits related to the exploitation (voluntary or forced) of another person's body. The negative point in this area is the lack of social, medical and legal protection of prostitutes, as their clients are also at risk. So, the legalization on of the sexual services is necessary for our state, but it must be preceded by a series of successive authority�s steps: public dialogue on different public platforms, changes in legislation and government administrative decisions.

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 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 LINGKUNGAN HIDUP SEBAGAI SUBJEK HUKUM: REDEFINISI RELASI HAK ASASI MANUSIA DAN HAK ASASI LINGKUNGAN HIDUP DALAM PERSPEKTIF NEGARA HUKUM

2018 ◽  
Vol 26 (1) ◽  
pp. 1
Author(s):  
Abdurrahman Supardi Usman
Keyword(s):  
Legal Protection ◽  
The State ◽  
Legal Rights ◽  
Legal Person ◽  
Legal Subject ◽  
Environmental Disputes ◽  
Legal Standing ◽  
The World ◽  
The Government ◽  
New Perspective

Inspired by “Should Trees Have Standing? Toward Legal Rights for Natural Objects” (Christopher D. Stone, 1974) that popularized the doctrin: “environment as a legal subject”. This thesis was directly elaborating the relation between the constitutional aspect of the “state of law” and its admission of environmental rights, not just about the dimention of the philosophy of law but beyond of it: this thesis was discuss about the theoretical dimention of law and its relevance in Indonesia. At least there are two monumental cases in the world which were become the landmark case of environmental disputes resolution based of by the doctrin of ecocracy. In the dissenting opinion of the judge William O. Douglas in Sierra Club vs Morton’s case, United Stated of America (1972) and in the appeal decision of the Wheeler vs the Government of the provincial of Roja’s case, Ecuador (2011). Those cases had opened a new perspective in the legal proceeding that the environment had be approved as a legal person. In other words, the environment had recognized as a legal subject. Then, by using the conseptual approach and comparative of law approach, this thesis had elaborated the relevance of this doctrin: “The Environment as a Legal Subject” in Indonesian context then verified it with the related legal theories. Besides it all, in this thesis also discuss the relation between of the environmental legal protection and the state of law concept in the ecocracy and constitualism perspective framework. Hopefully this thesis would be the steping stone to realize the constitutionalisation the environment rights and to realize the legal standing innovation in the environmental disputes resolution.

scholarly journals INTELLECTUAL PROPERTY RIGHTS (IPR) ASPECT IN THE FRANCHISE BUSINESS FORMAT

2019 ◽  
Vol 8 (1) ◽  
pp. 106
Author(s):  
Budi Santoso
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Industrial Design ◽  
Legal Protection ◽  
Trade Secrets ◽  
The World ◽  
The Government

In the franchise business, there are several aspects of IPR involved in it, such as trademark, copyright, patent either ordinary or simple, industrial design, and trade secrets. Each field of IPR has its own character and forms of legal protection that differ from one another, while the most basic aspects of IPR in the world of the franchise business, name brands and trade secrets. This study aims to analyze the correlation between aspects of Intellectual Property Rights and the franchise business format and which aspects of the IPR correlate with the format of the franchise business. The results show that the franchise agreement can be categorized as a principal agreement, involving the government, and the parties, while additional agreements, which are purely an agreement between the franchisor and the franchise, can be in the form of an agreement to maintain company secrets.

scholarly journals The scope of criminal liability for misappropriation of authorship in EU countries: comparative analysis

2020 ◽  
pp. 192-217
Author(s):  
Ramunė Steponavičiūtė
Keyword(s):  
Intellectual Property ◽  
Criminal Liability ◽  
Legal Protection ◽  
Modern Society ◽  
Cultural Development ◽  
The European Union ◽  
Ways Of Coping ◽  
Eu Countries ◽  
The World ◽  
The Eu

Intellectual property legal protection is undoubtedly one of the most important factors and conditions of effective economic, social and cultural development in modern society. According to researchers, absolute majority of countries in the world have set criminal liability for certain crimes against intellectual property rights, including all of the European Union (hereinafter – EU) countries. One of those crimes is misappropriation of authorship. Yet the criminal laws of EU countries criminalise misappropriation of authorship very differently - some protect not only author rights but also related rights, the conditions for criminal liability in the general corpus delicti are of a very different scope as well as the punishments for those crimes differ significantly. This analysis will present the scope of criminal liability in all the EU countries, including the reasons why, as well as will try to find the answer whether ways of coping with these difficulties exist.

scholarly journals Umbrella Act as a Solution to Overcome Conflicting Regulations During the Covid-19 Pandemic

Yuridika ◽  
2021 ◽  
Vol 36 (3) ◽  
pp. 709
Author(s):  
M. Kenza Radhya E A ◽  
Ersya Dwi Nurifanti
Keyword(s):  
Legal Protection ◽  
Legal Aspects ◽  
Government Policies ◽  
Economic Sectors ◽  
Unresolved Problem ◽  
The World ◽  
New Challenges ◽  
The Government ◽  
Laws And Regulations

The Covid-19 pandemic brings new challenges to people around the world, including Indonesia. In Indonesia, the Covid-19 pandemic is still an unresolved problem. As a result of the Covid-19 pandemic, besides threatening health and the economy, it is also exacerbated by government policies. Conflicting policies hinder obstacles in handling the Covid-19 pandemic. The need for a solution in the form of the formation of an umbrella act to overcome the conditions caused by the covid-19 pandemic, which covers the health and economic sectors, can be a solution to the conflicts applied by the Government, and the Umbrella Act can answer the Government's confusion in overcoming this pandemic. This study uses a normative method that discusses legal aspects by critically analyzing library materials applicable to laws and regulations. Umbrella actions can go beyond conflicting with an integrated rule. The Umbrella act can be applied in Indonesia and can be a solution to overcome the number of cases of the Covid-19 pandemic, which is still relatively high. With the Umbrella Act, the Government's responsibility will be fulfilled to provide legal protection to the community. The Umbrella Act, which has been proven to overcome conflicting regulations, will solve the current emergency. With the Umbrella Act, the Government's responsibility will fulfill to provide legal protection to society.

scholarly journals Legal Protection Analysis Of Maria Cave As a Spiritual Tourism

2020 ◽  
Vol 2 (1) ◽  
pp. 55
Author(s):  
Hery Lilik Sudarmanto
Keyword(s):  
Legal Protection ◽  
City Government ◽  
Government Regulations ◽  
Tourist Attractions ◽  
Tourist Destinations ◽  
Spiritual Tourism ◽  
The World ◽  
The Government ◽  
Tourism Potential ◽  
The City

The tourism potential in Indonesia is very significant. However, based on the phenomenon that occurs in several tourist destinations around the world it is found that many tourist attractions are especially damaged in Indonesia due to irresponsible actions. The purpose of this study was to reveal the legal protection of one of the tourist attractions in Indonesia, Maria Cave as a spiritual tourism destination in the City of Kediri. The study was conducted based on research methods using normative jurisdiction review. The results of the study revealed that so far the legal protection of spiritual tourism has been supported by the government but concretely has not been found in the Kadiri city government regulations. Therefore, to minimize the existence of activities that can cause damage and forms of protection of existing tourist destinations, it is necessary to specifically make government and local government regulations as well as to supervise and impose strict sanctions on all forms of irresponsible actions which are certainly supported by a budget enough when using technology for sustainable tourism. Both the community, tourists and entrepreneurs have their respective obligations that must be obeyed in accordance with the provisions and laws in force in Indonesia.

scholarly journals Hak-Hak Pemain Sepak Bola Dalam Penundaan Liga Pada Masa Pandemi Covid-19

2021 ◽  
Vol 4 (3) ◽  
pp. 905
Author(s):  
Danial Akta Futaki
Keyword(s):  
Labor Union ◽  
Legal Protection ◽  
Football Players ◽  
Professional Football ◽  
Lex Sportiva ◽  
Football Clubs ◽  
The World ◽  
The Government ◽  
Two Sectors ◽  
Modern Industry

AbstractCOVID-19 pandemic brought many impacts to every sector around the world, football is one of them. As a modern industry, the relation between professional football players and professional football clubs is a working relation that produces rights and responsibility for both parties that already agree on the contract. Problems occur when COVID-19 pandemic forces Indonesian football competition to be postponed. The government and federation already made several regulations to solve the problems around postponement. As a space for professional football players and as an organization that is equivalent to worker/labor union, APPI actively advocates on matters such as the club's responsibility towards players. Legal protection for professional football players is differentiated into two sectors, preventive and repressive. Preventive protection is a protection to prevent the dispute that could occur in the later day. Meanwhile, repressive protection in the football world is solved by non-litigation processes such as arbitration under NDRC Indonesia as an arbitrase committee under PSSI. Keywords: Legal Protection; COVID-19 Pandemic; Football Players and Football Clubs Protection; Working Relation; Lex Sportiva.AbstrakPandemi COVID-19 membawa dampak kepada banyak sektor di berbagai belahan dunia, tak terkecuali cabang olahraga sepak bola. Sebagai industri modern, hubungan antara pemain profesional dan klub profesional berupa hubungan kerja yang menghasilkan hak dan kewajiban antara kedua belah pihak yang disepakati dalam kontrak kerja. Masalah timbul tatkala pandemi COVID-19 memaksa kompetisi sepak bola Indonesia untuk dihentikan. Pemerintah dan federasi sepak bola mengeluarkan berbagai regulasi untuk mengatasi hal ini. APPI sebagai wadah pemain sepak bola profesional yang serupa dengan SP/SB secara aktif mengadvokasi kewajiban klub kepada pemain. Perlindungan hukum bagi pemain sepak bola profesional dapat dibedakan menjadi dua, yaitu preventif dan represif. Perlindungan preventif adalah perlindungan guna menanggulangi sengketa yang dapat terjadi di kemudian hari. Sementara perlindungan represif dalam olahraga diselesaikan dengan jalur non-litigasi berupa arbitrase yang diwadahi oleh NDRC Indonesia sebagai badan arbitrase di bawah PSSI.Kata Kunci: Perlindungan Hukum; Pandemi COVID-19; Perlindungan Pemain Sepak Bola dan Klub; Hubungan Kerja; Lex Sportiva.

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.

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