scholarly journals Philosophical Study of Interference in Setting the Legal Protection of Bank Customers in Indonesia

2015 ◽  
Vol 3 (2) ◽  
pp. 60-66
Author(s):  
Theresia Anita Christiani
Keyword(s):  
Rule Of Law ◽  
Consumer Protection ◽  
Legal Protection ◽  
Customer Relationship ◽  
Philosophical Study ◽  
Market Mechanisms ◽  
Relationship Type ◽  
The Rule Of Law ◽  
Freedom Of Contract ◽  
Consumer Protection Act

Objective - The objectives of this research are, first, to analyze state interventionism in the protection of bank customers in Indonesia, and, second, to determine and analyzed the form of state interventionism in the regulation of banks with regard to the protection of customers. Methodology/Technique - This research is partly normative in nature; it assesses the intervention of bank in the protection of customers who usually are the weaker party in the bank-customer relationship. The research further reveals that state interventionism is required to ensure the protection of customers against the excesses of market mechanisms. Both forms of state interventionism are necessary in order to protect and enhance the rule of law. Findings - In particular, this paper discusses the validity of standard clauses set forth in the Consumer Protection Act. Novelty - The paper concludes that the principle of freedom of contract can only be realized and meaningfully implemented if customers and banks are treated as equal partners in the customer-bank relationship. Type of Paper - Conceptual Keywords: Legal Protection; Law; Banking; Philosophical; Customer-Bank.

scholarly journals PRODUK MAKANAN TIDAK SESUAI SPESIFIKASI BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN

Yustitia ◽  
2021 ◽  
Vol 7 (1) ◽  
pp. 121-135
Author(s):  
Saefullah Yamin ◽  
Sari Arta Uli Sihaloho
Keyword(s):  
Rule Of Law ◽  
Consumer Protection ◽  
Legal Protection ◽  
Food Products ◽  
Developed Countries ◽  
Legal Regulations ◽  
The Rule Of Law ◽  
Consumer Rights ◽  
Library Research ◽  
Good Food

Consumer Protection is a form of legal protection given to consumers in their efforts to meet their needs from things that can harm the consumers themselves. Therefore, talking about consumer protection means questioning guarantees or assurances about the fulfillment of consumer rights. In the legal field, this term is still relatively new, especially in Indonesia, while in developed countries consumer protection is discussed along with the development of industry and technology. In this study formulate the problem of how the legal protection of consumers for defective food products and how the responsibility of business actors for defective food products. The research method used is a normative juridical approach with data collection techniques through library research, both primary legal materials, namely reference books and regulations related to consumer protection, secondary legal materials, and tertiary legal regulations. The purpose of this study is to find out how the legal protection of consumers for defective food products and describe how the responsibility of business actors for defective food products. The theory used in this study uses the rule of law theory and the theory of legal protection. In this study, it can be concluded that consumers' rights are protected against products that are not in accordance with what they should be. In the case of sausages containing maggots, it is hoped that business actors or PT. So Good Food compensates for losses and improves quality control in producing its products.

scholarly journals A Populist Monster and the future of Constitutional Democracy

2021 ◽  
Vol 4 (1) ◽  
pp. 83-100
Author(s):  
Andraž Teršek
Keyword(s):  
Rule Of Law ◽  
Legal Protection ◽  
Constitutional Court ◽  
Court Decisions ◽  
Constitutional Democracy ◽  
Council Of Europe ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
The Social ◽  
The Eu

Abstract The central objective of the post-socialist European countries which are also Member States of the EU and Council of Europe, as proclaimed and enshrined in their constitutions before their official independence, is the establishment of a democracy based on the rule of law and effective legal protection of fundamental human rights and freedoms. In this article the author explains what, in his opinion, is the main problem and why these goals are still not sufficiently achieved: the ruthless simplification of the understanding of the social function and functioning of constitutional courts, which is narrow, rigid and holistically focused primarily or exclusively on the question of whether the judges of these courts are “left or right” in purely daily-political sense, and consequently, whether constitutional court decisions are taken (described, understood) as either “left or right” in purely and shallow daily-party-political sense/manner. With nothing else between and no other foundation. The author describes such rhetoric, this kind of superficial labeling/marking, such an approach towards constitutional law-making as a matter of unbearable and unthinking simplicity, and introduces the term A Populist Monster. The reasons that have led to the problem of this kind of populism and its devastating effects on the quality and development of constitutional democracy and the rule of law are analyzed clearly and critically.

scholarly journals PERLINDUNGAN HUKUM TERHADAP PERBATASAN WILAYAH ANTARA NEGARA REPUBLIK INDONESIA DENGAN TIMOR LESTE

2017 ◽  
Vol 7 (2) ◽  
pp. 141
Author(s):  
Rimbawanto ◽  
Doddy Kridasaksana ◽  
Ariyono
Keyword(s):  
Indigenous Peoples ◽  
Rule Of Law ◽  
Legal Protection ◽  
Secondary Data ◽  
Legal Research ◽  
The Rule Of Law ◽  
Timor Leste ◽  
The Republic

<p>Tujuan yang hendak dicapai dari penelitian ini dapat mengetahui perlindungan hukum terhadap perbatasan wilayah antara Negara Republik Indonesia dengan Timor Leste dan kendala dan upaya mengatasi masalah perbatasan wilayah antara Negara Republik Indonesia dengan Timor Leste.</p><p>Penelitian ini menggunakan yuridis normatif yaitu penelitian hukum yang dilakukan dengan cara meneliti atau mempelajari masalah dilihat dari segi aturan hukumnya, meneliti bahan pustaka atau data sekunder</p><p>Hasil penelitian ini menunjukkan secara umum berdasarkan hasil inventarisir peraturan perundang-undangan, pengakuan masyarakat adat di Indonesia tidak dalam posisi untuk mengakui keberadaan masyarakat adat, melainkan untuk membatasi keberadaan masyarakat adat.</p><pre>The objectives to be achieved from this research can be legal protection of the territorial border between the Republic of Indonesia and Timor Leste and the constraints and efforts to overcome the border issues between the Republic of Indonesia and Timor Leste.</pre><pre>               This study uses yuridis normative, namely legal research conducted by researching or studying the problem seen in terms of the rule of law, researching library materials or secondary data</pre><pre>               The results of this study show Generally based on the results of inventory of legislation, the recognition of indigenous peoples in Indonesia is not in a position to recognize the existence of indigenous peoples, but rather to limit the existence of indigenous peoples. </pre><pre> </pre>

scholarly journals Perlindungan Hukum atas Desain Industri Berdasarkan Undang-Undang No 31 T Ahun 2000

2021 ◽  
Vol 2 (2) ◽  
pp. 297-301
Author(s):  
Ida Ayu Mas lndriani ◽  
Ni Made Jaya Senastri ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Rule Of Law ◽  
Industrial Design ◽  
Legal Protection ◽  
Secondary Data ◽  
Conceptual Approach ◽  
The Rule Of Law ◽  
Legal Implications ◽  
Design Law ◽  
Protection Of Human Rights ◽  
Definition Of

Intellectual property rights including industrial designs. The idea of ​​industrial design safety is based on the belief that human imagination, taste and initiative are closely linked to industrial design. The state grants protection against new industrial designs. The definition of the rule of law used in the legal protection of industrial designs is based on Law No. 31 of 2000. One of the components in this case is the protection of human rights which is the guideline for the legal protection of industrial designs. There are two forms of industrial design legal protection, which include preventive legal protection and repressive legal protection. This study aims to examine the form of legal protection for industrial designs based on Law No. 31 of 2000 and analyze the legal implications if the design rights holder does not register their industrial designs. This research was designed using normative research with a conceptual approach. The data used are primary and secondary data obtained through documentation and recording. The results of the study indicate that preventive legal protection is contained in the Act which is used to prevent violations and a description of the implementation of obligations while repressive legal protection is security in the form of sanctions for violations that have been committed. In view of this and considering the existence of protection in the form of the industrial design law, the designer can prevent the occurrence of plagiarism of his industrial design by registering his industrial design.

scholarly journals El recurso directo: entre protección jurídica y constitucionalidad objetiva = Directation: between legal protection and objetive constitutionality

2014 ◽  
pp. 319
Author(s):  
Otto Pfersmann
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Judicial Review ◽  
Direct Action ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Constitutional Rule ◽  
The Rule Of Law ◽  
Constitutional Judicial Review

La posibilidad de que los individuos dispongan de un «recurso directo» para cuestionar normas del sistema jurídico ante el juez de la constitucionalidad no constituye un elemento necesario del Estado constitucional de Derecho. La institución de los «derechos fundamentales», no requiere, en cuanto tal, que la protección de los mismos deba corresponder al juez de la constitucionalidad de las leyes. Lo que permite distinguir los diferentes modelos es el grado en que concentran y distribuyen estas tareas (protección de derechos fundamentales y control de constitucionalidad de la ley, básicamente). Esto depende de varios factores: el grado de exhaustividad del control de la constitucionalidad de las normas, el tipo de supervisión (preventivo o correctivo), el número de órganos encargados del control y el número de componentes del mismo. Se plantea así el problema de la limitación que aqueja al Estado de Derecho, pues cuanto más exhaustiva pretende ser la realización del mismo, menos intensa resulta produciendo un paradójico debilitamiento del derecho fundamental y del principio de exhaustividad. Asistimos, pues, a una mutación del principio «monomicrodicástico» y exhaustivo de jurisdicción constitucional.The possibility for individuals to have a «direct action» to challenge the norms of the legal system before the judge of the constitutionality is not a necessary element of the constitutional Rule of law. The institution «fundamental rights» does not require, as such, that the judge of the constitutionality of the parliamentary statutes should grant their protection. What allows distinguishing the different models is the degree of the concentration and distribution of these basic tasks: protection of the fundamental rights, constitutional judicial review. This depends upon various factors: how exhaust the constitutional judicial review should be, what kind of constitutional supervision may be (preventive or corrective), the number of the organs charged with this task, and the number of its components. The question of the limitation of the Rule of Law is risen, because the more exhaustive its implementation is intended, the less intense, generating a paradoxal weakness of the fundamental right and the completeness principie. A phenomenon appears: the mutation of the «monomicrodicastic» principie and the completeness of the constitutional judicial review.

Emergency! But What about Legal Protection in the EU?

2018 ◽  
Vol 9 (1) ◽  
pp. 99-119 ◽  
Author(s):  
Tom BINDER ◽  
Argyro KARAGIANNI ◽  
Miroslava SCHOLTEN
Keyword(s):  
Rule Of Law ◽  
Legal Protection ◽  
Case Law ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Emergency Powers ◽  
Executive Discretion ◽  
Legal Position ◽  
Private Actors ◽  
The Eu

AbstractThe EU institutions and agencies have become increasingly involved in enforcing EU law directly vis-à-vis private actors. A number of such EU entities have also acquired the so-called emergency powers, which allow interference with the legal position of a private party. Given the lack of research in this area, the question that this article addresses is whether relevant safeguards have been introduced to ensure the rule of law in such situations to prevent the abuse of executive discretion by public authorities. What are the relevant safeguards in the emergency in the EU in the first place? Having analysed relevant EU legislation and case law, the article offers a complete overview of all the existing EU entities with the emergency powers and shows a great diversity in the extent to which the EU legislator has regulated procedural safeguards in relevant law. The article discusses what safeguards need to be ensured in an emergency and argues for clarity of legislative frameworks in this respect.

Vergaberechtsschutz im Spannungsfeld zwischen Beschleunigungsgebot und Gewährung effektiven Rechtsschutzes

2019 ◽  
Author(s):  
Hsi-Ping Chen
Keyword(s):  
Rule Of Law ◽  
Public Procurement ◽  
German Law ◽  
Legal Protection ◽  
The Other ◽  
The Rule Of Law ◽  
Other Hand ◽  
The One ◽  
Substantive Law ◽  
The Eu

The German Law on public procurement remedies, implementing the EU Remedies Directives into national law, has to engage in a balancing act between effective legal protection of bidders and the necessary acceleration of the award procedure. The book develops solutions for conflicts between the abovementioned opposing interests, which are consistent with the pluralistic paradigm of the European legal area, and the standards of assessment of the EU primary substantive law on public procurement. The Europeanisation of the German Law on public procurement remedies is analysed in detail. The work deals with the establishment and improvement of effective legal protection of bidders on the one hand and, on the other hand, shows that the acceleration of the award procedure within the framework of the procedural system is bounded by the rule of law. The book carves out strengths and deficits of the German Law on public procurement remedies.

scholarly journals La primauté du droit : la situation des immigrants et des réfugiés en droit canadien au regard des Chartes et des textes internationaux

2005 ◽  
Vol 28 (3) ◽  
pp. 585-624 ◽  
Author(s):  
Christian Brunelle
Keyword(s):  
Human Rights ◽  
International Law ◽  
Rule Of Law ◽  
Legal Protection ◽  
The Rule Of Law ◽  
Immigrants And Refugees ◽  
Long Time ◽  
International Obligations ◽  
The Impact ◽  
Discretionary Powers

The « rule of law » which for a long time was considered as an unwritten part of the Constitution now enjoys full constitutional status. Its enshrining in the preamble of the Canadian Charter sheds considerable light on the manner in which the rights and freedoms of the Charter should be perceived. The author opens his discussion by examining the impact that the constitutionalization of the « rule of law » has had on immigrants and refugees in Canada. As the Immigration Act of 1976 confers numerous discretionary powers which could result in their abusive use, the author analyses how the Human Rights charters applicable in Canada and in Quebec can insure the legal protection of immigrants and refugees. In the second part of his study, the author discusses the principal international texts ratified by Canada which have as their purpose the protection of the rights of immigrants and refugees. As international law is not « self-enforcing » in Canada, the author shows how the internal legal community conforms to the international obligations contracted by Canada.

scholarly journals TINJAUAN YURIDIS DALAM BUKTI HUKUM KONSUMEN DALAM MAKANAN HALAL

2020 ◽  
Vol 12 (1) ◽  
pp. 26
Author(s):  
Jacobus Jopie Gilalo ◽  
Adi Sulistiyono ◽  
Burhanudin Harahap
Keyword(s):  
Consumer Protection ◽  
Legal Protection ◽  
Food Product ◽  
Food Products ◽  
Consumer Protection Act ◽  
Sense Of Security ◽  
Information Safety ◽  
Halal Food ◽  
Review Study ◽  
Muslim Communities

Indonesia is a country with the majority Muslims in the world. As Muslims, it is obligatory to comply with religious prohibitions that must be obeyed, namely by not consuming food that are made from / have non-halal contents. Several laws, namely: Consumer Protection Act, Health Act, Food Act and Halal Product Guarantee Act are a form of legal protection for halal food products that can provide guarantees for consumption by Indonesian Muslim communities. This paper is a descriptive qualitative one that seeks to provide an overview of the problem of regulating halal food products in relation to consumer protection and legal protection of consumers in consuming halal food products. The results of this review study that the regulation of halal food products for companies or businesses that will trade their products in Indonesia based on the Halal Product Guarantee Act if related to consumer protection has provided legal certainty for the consumer community (Muslims) to consume halal food, namely by there are Halal Certification marks and Halal Labels. Likewise, several laws and regulations relating to halal food products that have been enacted provide legal protection for consumers in consuming food and beverages. Consumers must get information, safety and a sense of security for a food product that will be consumed according to their choices.

scholarly journals Hukum Agraria Atas Keberadaan Bangunan Pada Ruang Atas Tanah

2015 ◽  
Vol 1 (1) ◽  
pp. 11
Author(s):  
Musa Anthony Siregar ◽  
Zulkamaein Koto
Keyword(s):  
Rule Of Law ◽  
Legal Protection ◽  
Secondary Data ◽  
Transfer System ◽  
Real Property ◽  
The Rule Of Law ◽  
Shopping Centre ◽  
Agrarian Law ◽  
Theory Of Law ◽  
Legal Consequences

<p>This research aim to examined how the legal protection of the existence of structures built in space on the top land from  perspective of Agrarian Law. And how the legal consequences of structures built in space on the top land by build operate transfer system. The discussion and analysis using the theory of law protection supported  by theory of the rule of law and the principles of land law. The research method is normative legal research to obtain the necessary data in connection with the period issues the data secondary data is consisting of primary legal materials.Second- ary legal materials, tertiary legal materials. Data analysis be done with juridical analysis of qualitative Research object is Senen Multipurpose Bridge that was built in space on the top land not on the land where that right is.That  was located between the two buildings and large shopping centre Pasar Senen and Plaza Atrium. Legal protection for the building space on the ground has not been found on the Agrarian  Law. Legal consequences of build operate transfer (BOT) system for the parties oc- cured namely the Provincial Goverment  DKI Jakarta and PT Jaya Real Property Tbk.</p><p>Keywords: BOT system, space land, agrarian law</p>

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