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

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.

2019 ◽  
Vol 3 (1) ◽  
pp. 13
Author(s):  
Rizka Rizka

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.


2021 ◽  
Vol 6 (6) ◽  
pp. 71-78
Author(s):  
Farxod Djurayev ◽  

The article is devoted to the prevention of crime, maintenance of public order and early crime prevention, identification and elimination of the causes of crime in each district, family and individual, classification of each district depending on the crime situation in these regions and joint work to attract all forces and means to identify and eliminate the causes of crime, the role of the law "On operational-search activities" in the prevention of offenses, the concept of operational-search activities, the main tasks, basic principles; bodies carrying out operational-search activities, their legal status; types of operational-search measures and their comments regarding the procedure for conducting a search; social and legal protection of law enforcement officers and persons assisting in the conduct of such events, as well as their family members


2015 ◽  
Vol 1 (2) ◽  
pp. 69-76
Author(s):  
Ghulam Safdar ◽  
Ghulam Shabir ◽  
Abdul Wajid Khan

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.


2021 ◽  
Vol 7 (4) ◽  
pp. 459-472
Author(s):  
Chatrin Intan Sari

The purpose of this study is to know how the legal protection for consumers on the circulation of illegal drugs and how the accountability of business actors on the circulation of illegal drugs. By using normative juridical research method this study found that the legal protection to consumers on the circulation of illegal drugs conducted by the government through the Agency of Drugs and Food. The Agency highlighted that the attention that the government has run its supervision. In addition, the protection of consumer law arising from the existence of rights and obligations set forth in Article 4 letters a and c, article 7 letters a and d, article 8 paragraph 1 letter a, d and e of Law Number 8 Year 1999 concerning Consumer Protection. The fulfilment of consumer rights over security, the right to be heard, the correct, clear, and honest information regulated in the UUPK is still not fulfilled. Article 98 paragraph 2, Article 106 paragraph 1 and 2 of Law Number 36 Year 2009 on Health. The business actor is responsible as the manufacturer of the goods because the importer of the goods is not an agent or official importer. The business actor who is an individual shall be liable for the losses incurred even if only as an importer not as a producer of the goods. 


2016 ◽  
Vol 8 (22) ◽  
pp. 4363-4378 ◽  
Author(s):  
Lidia Parets ◽  
Élida Alechaga ◽  
Oscar Núñez ◽  
Javier Saurina ◽  
Santiago Hernández-Cassou ◽  
...  

UHPLC-APPI-MS/MS was used for authentication of fruit-based products and pharmaceutical preparations.


Author(s):  
Elizabeth Macdonald ◽  
Ruth Atkins

Koffman & Macdonald’s Law of Contract provides a clear, academically rigorous, account of the contract law which is written in a style which makes it highly accessible to university students new to legal study. It works from extensive consideration of the significant cases, to provide students with a firm grounding in the way the common law functions. There are chapters on formation, certainty, consideration, promissory estoppel, intention to create legal relations, express and implied terms, classification of terms, the Unfair Contract Terms Act 1977, Unfair Terms in Consumer Contracts, mistake, misrepresentation, duress and undue influence, illegality, unconscionability, privity, performance and breach, frustration, damages, and specific enforcement, as well as companion website chapters on capacity and an outline of the law of restitution. Many new cases and legislative developments are covered in the ninth edition, such as Armchair Answercall Ltd v People in Mind Ltd, Blue v Ashley, Cavendish Square Holding BV v Talal El Makdessi, ParkingEye Ltd v Beavis,Globalia Business Travel S.A.U. (formerly TravelPlan S.A.U.) of Spain v Fulton Shipping Inc of Panama, Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd,MWB Business Exchange Centres Ltd v Rock Advertising Ltd, Patel v Mirza, Phones 4U Ltd (In Administration) v EE Ltd. This edition has been updated to include major legislative developments including the Consumer Rights Act 2015, which now encompasses, and makes some changes to, the unfair terms regime, which was previously provided by the Unfair Terms in Consumer Contracts Regulations 1999, as well as removing, and taking on board, the consumer elements of the Unfair Contract Terms Act 1977.


2017 ◽  
Vol 1 (78) ◽  
pp. 30
Author(s):  
Silvija Kotāne

This paper shall review of the development of environmental criminal – legal protection in the Republic of Latvia. One of the most complicated valuation terms in Criminal law is essential harm. The adverse effects of marking, used assessment concept – "essential harm" to the Criminal Law Section 11, provisions are included as a criminal offense frame sign. Valuation concept „essential harm” or “significant damage” is widely used. Material injury is one of the mandatory features of the objective of acriminal offence defining the legal classification of the offence and, inany particular case, to assess the nature and consequences of thedamage in relation to the interests laid down by the law. In all cases, regulation is not specified. Significant damage and other interests protected by law in nature and severity to determine the natural environment, human health can be an expert evaluation. In deciding the question of material injury, which is especially qualifying characteristic of the Criminal Law Article 109, followed to the Special Law Annex 1 "Criteria for the detectable threat or significant risk to the law protected the interests of the forest environment conservation." With regard to essential harm the forest environment, evaluation is embedded in the law and are applied in practice.


Author(s):  
Raquel Lopes ◽  
Catarina Schreck Reis ◽  
Amadeu M.V.M. Soares ◽  
Paulo Renato Trincão

Resumo: Atendendo à inexistência de legislação comunitária europeia, relativa à proteção das árvores monumentais, procurou-se conhecer a realidade legislativa, em vinte e três países do continente europeu. Assim, procedeu-se à análise comparativa da legislação sobre as árvores monumentais e dos critérios de classificação deste arvoredo, com base nas figuras de proteção legal existentes. Os países foram selecionados com base nos contactos internacionais estabelecidos e na pesquisa desenvolvida, considerando a sua distribuição geográfica. Atendendo à heterogeneidade da legislação existente, a mesma foi agrupada consoante o tipo de proteção jurídica em vigor. Procedeu-se, ainda, à identificação dos critérios mais representativos de classificação do arvoredo alvo de proteção por legislação, anotando-se oito classes, onde se destacam os critérios de longevidade associados a valores histórico e culturais. Foram, igualmente, analisados os inventários online existentes, em cada um dos países da amostra, tendo-se verificado a importância que estes catálogos assumem no reconhecimento público destas árvores, por vezes, monitorizadas durante décadas. O estudo contribuiu para alargar a reflexão sobre a importância que as árvores monumentais assumem a nível natural, como também para as comunidades, enquanto memória individual e coletiva do legado histórico, cultural ou paisagístico que representam. Permitiu, ainda, refletir sobre a importância que a legislação assume na preservação e salvaguarda atual e futura deste património. Palavras-chave: árvores antigas, árvores de interesse público, legislação, critérios de monumentalidade, pesquisa comparada.   Abstract: Monumental Trees: comparative analysis of national and European legislation regarding the protection and enhancement of this natural heritageGiven the lack of European Community legislation on the protection of monumental trees, sought to know the legislative reality in twenty-three countries of the European continent. Thus, we proceeded to the comparative analysis of the legislation on monumental trees and the classification criteria of this grove, based on the existing legal protection figures. Countries were selected based on established international contacts and research developed considering their geographical distribution. Given the heterogeneity of existing legislation, it was grouped according to the type of legal protection in force. We also proceeded to identify the most representative criteria for the classification of trees under protection by legislation, noting eight classes, highlighting the longevity criteria associated with historical and cultural values. Existing online inventories were also analyzed in each of the sample countries, and the importance of these catalogs in the public recognition of these trees, sometimes monitored for decades, was verified. This study has contributed to a broader reflection on the importance that monumental trees assume on a natural level, as well as for communities, as an individual and collective memory of the historical, cultural or landscape legacy they represent. It also allowed to reflect on the importance that the legislation assumes in the preservation and current and future safeguard of this heritage.   Keywords: trees of public interest, legislation, criteria of monumentality, comparative research


2019 ◽  
Vol 18 (2) ◽  
pp. 215
Author(s):  
Dewi Setyowati ◽  
Candra Pratama Putra ◽  
Ramdhan Dwi Saputro

<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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