scholarly journals The Practice of General Data Protection Regulations Fine and Penalty on Google Inc. vs CNIL Case

2020 ◽  
Vol 2 (1) ◽  
pp. 1-7
Author(s):  
Maskun ◽  
Rian Nugraha

Pancasila experiences ups and downs of development, not due to the weakness of the values contained therein, but rather leads to inconsistencies in its application. In line with the acceptance of the truth of noble values of Pancasila then drove the flow and spirit to make Pancasila as a paradigm. History also noted how from the past until now Pancasila often get a challenge that resulted in the crisis for the existence of the Indonesian nation. The challenge faced by Pancasila as the view of life and the foundation of the state is always directly proportional to the challenges faced by the Unitary State of the Republic of Indonesia as a whole. Paradigm is actually a way of view, values, methods, basic principles to solve a problem faced by a nation into the future. The results of research show First, Philosophically the essence of Pancasila as the paradigm of legal development contains a consequence that all aspects of legal development within the framework of national development should be based on the nature of Pancasila values; Secondly, As a legal development paradigm, Pancasila wants that development in society becomes the starting point of the existence of a legal product.

2020 ◽  
Vol 1 (1) ◽  
pp. 1-7
Author(s):  
Asip Suyadi

Pancasila experiences ups and downs of development, not due to the weakness of the values contained therein, but rather leads to inconsistencies in its application. In line with the acceptance of the truth of noble values of Pancasila then drove the flow and spirit to make Pancasila as a paradigm. History also noted how from the past until now Pancasila often get a challenge that resulted in the crisis for the existence of the Indonesian nation. The challenge faced by Pancasila as the view of life and the foundation of the state is always directly proportional to the challenges faced by the Unitary State of the Republic of Indonesia as a whole. Paradigm is actually a way of view, values, methods, basic principles to solve a problem faced by a nation into the future. The results of research show First, Philosophically the essence of Pancasila as the paradigm of legal development contains a consequence that all aspects of legal development within the framework of national development should be based on the nature of Pancasila values; Secondly, As a legal development paradigm, Pancasila wants that development in society becomes the starting point of the existence of a legal product.


2019 ◽  
Vol 25 (4) ◽  
pp. 465-481 ◽  
Author(s):  
Adrián Todolí-Signes

Big data, algorithms and artificial intelligence now allow employers to process information on their employees and potential employees in a far more efficient manner and at a much lower cost than in the past. This makes it possible to profile workers automatically and even allows technology itself to replace human resources personnel in making decisions that have legal effects on employees (recruitment, promotion, dismissals, etc.). This entails great risks of worker discrimination and defencelessness, with workers unaware of the reasons underlying any such decision. This article analyses the protections established in the EU General Data Protection Regulation (GDPR) for safeguarding employees against discrimination. One of the main conclusions that can be drawn is that, in the face of the inadequacy of the GDPR in the field of labour relations, there is a need for the collective governance of workplace data protection, requiring the participation of workers’ representatives in establishing safeguards.


2020 ◽  
Vol 2 (2) ◽  
pp. 58-72
Author(s):  
I Wayan Bandem ◽  
I Nyoman Suandika

As Article 1 paragraph (3) of the State Constitution of the Republic of Indonesia is the stateof Indonesia is a state of law. Understanding the rule of law is simply a country whose administrationof power is based on law. and Article 1 paragraph (1) of the 1945 Constitution that the Indonesian stateis a Republican unitary state with a government structure that is the Government, Provincial RegionalGovernment, Regency / City Regional Government and the lowest government is the VillageGovernment which has their respective leaders based on legislation applicable legislation. Inconnection with the establishment of the LPD in article 33 of the 1945 Constitution and in Article 18Bparagraph (2) of the 1945 Constitution of the Republic of Indonesia which reads "that the staterecognizes and respects customary law units and their traditional rights insofar as it is still alive andin accordance with the development of society and the principle of the unitary State of the Republic ofIndonesia, which is regulated in law. So the provincial government of Bali based on the Rural CreditSeminar dated February 21, 1984 in Semarang The Governor of Bali initiated the establishment ofVillage Heritage Institutions (LPD) in the province of Bali in the role of national development with theaim of: 1) Encouraging economic development in rural communities through targeted savings andeffective capital distribution; 2) Eradicating the practice of bondage, illegal pawns, and others in thecountryside; 3) Creating business opportunities for villagers and rural workers, and; 4) Increasingpurchasing power and facilitating traffic payments and circulation So that the authors are interested inexamining the Tax Exemption Benchmark for LPDs in Bali Province with the research method used isjuridical-normative research. Taking into account that the starting point of research on legislation andthe fact that it began from the founding of the LPD in 1984 until now has not been taxed. In the courseof its operation the LPD in Bali by the three Ministers in 2009 issued a Joint Decree of the Minister ofFinance, Minister of Home Affairs, Minister of State for Koprasi and Small and Medium Enterprisesand Governor of Bank Indonesia Number.351.1 / KMK.010 / 2009, Number 900-639A in 2009, Number01 / SKB / M.KUKM / IX / 2009, Number 11 / 43A / KRP.GBI / 2009 concerning the DevelopmentStrategy of Microfinance Institutions. Affirmed through a letter from the Minister of Home AffairsNumber 412.2 / 3883 / SJ dated November 4, 2009 to the managers of institutions microfinance thatdoes not yet have a clear institutional status based on the prevailing laws and regulations. So that theGovernor of Bali Made Mangku Pastika on behalf of the provincial government of Bali submits a Letterof Governor of Bali Number 900/8999 / PLP. Ekbang dated 15 December 2009 to Minister of InternalAffairs The Republic of Indonesia prihal; The Strategy for the Development of MicrofinanceInstitutions. Thus, with the issuance of Law Number 1 of 2013 concerning Microfinance Institutions(MFIs), it was stated that the Village Credit Institutions and Pitih Negari Granaries and institutionsthat existed before the Laws were in effect were declared to be based on adat and not subject to thisLaw. The real benefits of the existence of LPD can be proven by the distribution of net profits each yearas profit retribution by dividing the following: 60% for fertilizing LPD business capital, 10%production services for labor, contributions to Indigenous Villages 20% for development funds inPakraman Village, as well as 5% for social funds, and 5% for empowerment funds deposited by theLPD at the agency / agency that is given the authority to regulate and manage them based on the Perdaand Decree of the Governor of Bali.


2021 ◽  
Vol 12 (1) ◽  
pp. 261-268
Author(s):  
Angel Manchev ◽  

The protection of personal data is one of the core values of modern European societies. This protection is provided by the law of the European Union and by the national legislations of the Member States, to which the Republic of Bulgaria also belongs. As of May 25, 2018, the protection of personal data is being expanded and updated in response to technological progress and the increasingly accelerated data exchange. The reason for this is the entry into force of Regulation (EU ) 2016/679 (General Data Protection Regulation, GDPR) and the changes in our national law that it imposes. In the sense of what has been said so far, the issues of personal data protection in children’s institutions are especially relevant, because these organizations actively handle personal data at any level of children, parents, teachers and staff. In this article, we will try to give short answers to some of the most important questions regarding personal data and the rules for their protection, according to European and Bulgarian legislation.


2018 ◽  
Vol 67 (2) ◽  
pp. 136-142
Author(s):  
Jelena Golijan ◽  
Aleksandar Popović ◽  
Ljubiša Živanović

Summary Over the past few years, organic agricultural production has increased globally. This type of production is regulated by numerous laws and concomitant regulations, whereas the basic principles of organic production development are prescribed by the IFOAM standards and the European Union. Seed production is of immense importance to organic agricultural systems as the use of certified seed is crucial in preserving organic production. Prior to 2009, certified organic seed had not been produced in the Republic of Serbia, and producers had used either landrace seeds or chemically untreated conventional seeds. Of the total area devoted to organic farming in the Republic of Serbia (14,357.96 ha), seed production accounts for only 8.4 ha, with uneven distribution over regions. The highest organic seed production (5.2 ha) has been recorded in the region of Vojvodina. However, there is still a lack of certified organic seed in the country, emphasizing the need for organic seed breeding and production in the future.


2019 ◽  
Vol 13 (2) ◽  
pp. 257
Author(s):  
Imamul Huda Al Siddiq ◽  
Ahmad Arif Widianto

The role of the NU youth as an extension of the NU kyai was so great in eradicating parties and forbidden ideologies such as the PKI. Based on the basic principles of NahdlatulUlama such as tawasuth, tawazun, i’tidal, and tasamuh, plus a platform for thinking and acting based on the principles of the ushulfiqh and guidance from kyai, NU youths steadfastly declared war with communism. Similarly, when they defend the rights of former Communist activists or those who are considered Communists and their families, they are also based on these principles. For this reason, this paper aims to examine the idealized upheaval of NU youth in addressing the anti-communism discourse.This article was written by critically examining pre-existing scientific texts to expose ideological upheaval among NU youth sociologically. In simple terms, through this article it can be concluded that NU youth based on existing principles have a big contribution in maintaining the integrity of the Republic of Indonesia, starting from the eradication of the PKI, as well as other efforts to defend Indonesia. On the other hand, they also have concern for oppressed groups including former 1965 political prisoners and their families. They were so diligent in fighting for the rights of former political prisoners in 1965 even though in the past they had also suppressed the PKI to its roots. One of the discourses that arose relating to the anti-communism discourse was the discourse of reconciliation between the NU group and Communism. The discourse was responded to differently by NU youth. Some consider it a form of humanism, and there are those who see it as a bad idea, and some even consider it as an extreme step.Peran pemuda NU sebagai kepanjangan tangan dari para kyai NU begitu besar dalam pemberantasan partai dan ideologi terlarang seperti PKI. Dengan berpijak pada prinsip dasar Nahdlatul Ulama seperti tawasuth, tawazun, i’tidal, dan tasamuh, ditambah pijakan berpikir dan bertindak yang didasarkan pada prinsip-prinsip yang ada pada ushul fiqh serta petunjuk dari para kyai, pemuda NU dengan mantap menyatakan perang dengan komunisme. Begitu pula ketika mereka membela hak-hak dari mantan aktivis Komunis atau yang dianggap Komunis dan keluarganya, mereka pun juga berdasar pada prinsip-prinsip tersebut. Untuk itu tulisan ini bertujuan untuk mengkaji pergolakan idelogi di kalangan pemuda NU dalam menyikapi wacana anti-komunisme.Artikel ini ditulis dengan menelaah secara kritis teks-teks ilmiah yang telah ada sebelumnya untuk menelanjangi pergolakan ideologi di kalangan pemuda NU secara sosiologis. Secara sederhana, melalui artikel ini dapat disimpulkan bahwa pemuda NU dengan berdasar prinsip yang ada memiliki andil besar dalam mempertahankan keutuhan NKRI, mulai dari pemberantasan PKI, serta upaya-upaya lain dalam mempertahankan Indonesia. Di sisi lain, mereka juga memiliki perhatian terhadap kelompok tertindas termasuk mantan tahanan politik 1965 dan keluarganya. Mereka begitu gigih memperjuangkan hak-hak mantan tahanan politik 1965 meski di masa lalu mereka pula yang memberangus PKI sampai ke akarnya. Salah satu wacana yang mengemuka berkaitan dengan wacana anti-komunisme adalah wacana rekonsiliasi antara golongan NU dan Komunisme. Wacana tersebut ditanggapi berbeda-beda oleh pemuda NU. Ada yang menganggapnya sebagai bentuk sifat humanis, adapula yang melihatnya sebagai gagasan buruk, bahkan ada yang memandang rekonsiliasi tersebut sebagai langkah ekstrim.


2020 ◽  
Vol 7 (3) ◽  
pp. 246
Author(s):  
Iwan Iwan ◽  
Farida Farida ◽  
Fitri Pratiwi ◽  
Zahri Aeniwati ◽  
Siti Laelatussofah

Pancasila is used as a paradigm in law in Indonesia. As a legal development paradigm, Pancasila requires that development in society be the starting point for the existence of a legal product. The purpose of this study is that to explore the value of Pancasila as a Legal Development Paradigm and its implementation in the Omnibus Law On Job Creation. This research method uses the normative method. The result of this research is that Pancasila in the prevailing statutory regulations is the Grud norm which will cover the entire contents of the Constitution. The Omnibus Law Law on job creation is intended as a law made to revoke or change several laws at once. Thus, the omnibus Law that is made is a new legal model or a new paradigm in legislation in Indonesia.


Author(s):  
R.T.Bopushev

Social and financial reorganizations that have occurred in our state over the past 28 years have violated the efficient system of the company and the management of the motor transport area. Most public transport facilities in the regions of the Republic are currently privatized, and a rather large number of private carriers and small private enterprises have emerged that are involved in the study of passenger transportation. The demonopolization of public transport has led to the fact that its system has become less manageable and more expendable.


2020 ◽  
Vol 1 (1-2) ◽  
pp. 63-72 ◽  
Author(s):  
David Wicki-Birchler

Abstract The Budapest Convention and the General Data Protection Regulation (GDPR)—two Legal Frameworks designed to curb cybercrime. While the Convention on Cybercrime of the Council of Europe, the Budapest Convention, is the only binding international instrument on this issue, the GDPR is globally setting standards in data protection Law. How are the two policies working to curb cybercrime? Cybercrime concerns every person, every company, every authority and every public institution. The fact that the origin as well as the target of the criminal act can be located virtually everywhere around the globe sets a new challenge for lawmakers in their efforts to protect society. The increasing use and importance of the Internet of Things will create new conveniences for the public to enjoy and at the same time provide countless new entry points for hackers to gain access to devices, networks and valuable data, all of which might be abused for criminal intents. The Budapest Convention on Cybercrime plays a crucial role in the fight against cybercrime by setting state of the art principle based criminal law standards and important procedural rules with regard to the provisional storage of data to be potentially used as evidence in prosecuting criminal acts. GDPR is blazing the trail for the appropriate handling of data, and is thereby—albeit from a different starting point—significantly contributing to an improved data security framework and thus efficiently curbing cybercrime.


Sign in / Sign up

Export Citation Format

Share Document