scholarly journals Legal Protection of Business Actors Sub Agent Gas ELPIJI For Unilateral Termination of Business Relationship By The Agent

2021 ◽  
Vol 04 (07) ◽  
Author(s):  
Rizki Indra Permana ◽  
Keyword(s):  
Legal Protection ◽  
Business Relationship ◽  
Business Network ◽  
Freedom Of Contract ◽  
Unilateral Termination ◽  
Multi Level ◽  
The Creation ◽  
The Law ◽  
Definition Of ◽  
The Ideal

In business development of the principal company many face problems in activities related to the management of its business so that it requires a business network in marketing its products. The creation of multi-level marketing distribution network regulated in Indonesian trade ministerial regulation No.66 of 2019. In the distribution of the principal's property until it reaches the hands of the consumer there is a tiered agreement that is the standard agreement that causes imbalance in the agreement triggered by the absence of clear regulations governing the provision and only based on the principle of freedom of contract Article 1320 KUHPer. The creation of this unnamed agreement (Inomminat) underlies the creation of a standard or standard agreement, with the reason of facilitating the principal in its distribution practices. Because this imbalance can cause legal problems, such as unilateral business termination experienced in the network of distribution of Gas ELPIJI agents to sub agents or others. The legal vacuum is far from the ideal of the law which essentially provides equality in the definition of fairness in the eyes of the law. The research uses Normative Juridical Method that emphasizes the theory of Legal Protection and Legal Certainty approach legislation (Statute Approach) and Case Approach ( Case Approach).

scholarly journals Hak Notaris Menolak Pembuatan Akta yang Mengandung Unsur Riba dengan Alasan Menjalankan Prinsip Syariat

2020 ◽  
Vol 5 (2) ◽  
pp. 187
Author(s):  
Aditya Yudha Prawira ◽  
Haryanto Susilo
Keyword(s):  
Data Collection ◽  
Legal Protection ◽  
Administrative Action ◽  
Legal Implications ◽  
Library Studies ◽  
The Creation ◽  
The Law ◽  
The Right ◽  
Right To Refuse

This study discussed the right of notaries to refuse the creation of deeds containing usuries by reasons of implementing the principles of sharia and the legal implications of notaries based on Article 16 Law on Notary Position. This study was normative research that used conceptual and legislation approaches. Data collection techniques used library studies. The analysis results showed that notaries had the right to refuse the creation of deeds containing usuries based on the theoretical, juridical, and philosophical aspects. Due to the law of notaries that refused the creation of deeds containing usuries, it violates Article Article 16 Law on Notary Position so that notaries could be subject to tieredly administrative action. The Law on Notary Position had not provided legal protection to notaries who practice their profession under the principles of sharia.

Character merchandising: aspects of legal protection

Legal Studies ◽  
2001 ◽  
Vol 21 (2) ◽  
pp. 226-250
Author(s):  
Andrew McGee ◽  
Sarah Gale ◽  
Gary Scanlan
Keyword(s):  
Present State ◽  
Legal Protection ◽  
Trade Mark ◽  
Third Parties ◽  
Trade Marks ◽  
Passing Off ◽  
Legal Control ◽  
The Creation ◽  
The Law ◽  
Special Circumstances

The article considers the present state of the law of character merchandising. It questions whether the law relating to character merchandising should be further developed and extended so as to give an individual a comprehensive right to prevent the unauthorised use of aspects of his personality by third parties in connection with the promotion or sale of goods or services. In this context the article rejects the creation of new comprehensive remedies such as a tort of appropriation of personality as being undesirable and impractical. The article maintains that unauthorised acts of personality appropriation or use are already subject to adequate legal control through the law of trade marks and passing off. In this regard the article further suggests that tortious remedies such as defamation, malicious falsehood, and, in restricted circumstances copyright, provide effective sanctions against the unauthorised use of an individual's persona in commercial enterprises in particular and special circumstances. These remedies supplement and complement the principal remedies provided by trade mark protection and passing off.

scholarly journals Creative Approaches to the Creation of Contemporary Art Objects and Features of their Legal Protection

2020 ◽  
Vol 10 ◽  
pp. 368-382
Author(s):  
Nataliia M. Myronenko ◽  
◽  
Olena O. Shtefan ◽  
Yuliia O. Kedia ◽  
Olha B. Derkach ◽  
...  
Keyword(s):  
Legal Protection ◽  
The United States ◽  
Creative Work ◽  
Legal Analysis ◽  
Eu Countries ◽  
Judicial Practice ◽  
Art Objects ◽  
The Law ◽  
Definition Of ◽  
Form Of Expression

This study is devoted to the analysis of the current state of legislation of Ukraine and EU countries on copyright protection of works with an unstable form of expression, as well as to determine the features of the legal protection of such objects. The purpose of the article was to explore the existing possibilities in the law of Ukraine and the law of the EU countries for the protection of works with an unstable form of their expression. The article, based on the analysis of international legal acts and national legislation, highlights the elements of protection of works. A significant place in work is devoted to the analysis of theoretical, legislative approaches to the definition of "creativity", "originality", "novelty". It is stated that there is no single waste to the definition of these concepts in the literature and not regulated in the legislation in the field of copyright. A comparative legal analysis of the case-law of the United Kingdom and the United States on the provision of legal protection to works with an unstable form. It is concluded that the normative definition of “creative work”, which is associated exclusively with works of cultural value, is not acceptable for copyright. The article analyses the judicial practice of Ukraine, which has developed in the definition of creative work and illustrates its ambiguity. It is concluded that judges, considering such cases, try to find some stable elements that are inherent in works with an unstable form of expression.

scholarly journals Hegemony within Higher Education: The Creation of an "Ideal" Student

2016 ◽  
Vol 5 ◽  
pp. 23
Author(s):  
Amy Guziec
Keyword(s):  
Higher Education ◽  
Rhetorical Criticism ◽  
Student Population ◽  
Title Page ◽  
Student Model ◽  
Ideal Student ◽  
The Creation ◽  
Definition Of ◽  
The Ideal

<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>This paper is an examination of how higher administration at Jesuit schools use hegemony to create an ideological definition of the ‘ideal’ student. I use rhetorical criticism as a means of explaining how students are characterized and defined based on Creighton University sanctioned webpages. The results provided two major ideological principles that influence Creighton’s discussion of the overall student population, the privileging of numbers and the construction of a preferred student model. These ideological themes in combination with hegemonic principles promote the creation of an ‘ideal’ student that no individual is fully capable of attaining.  </span></p></div></div></div>

scholarly journals The Zionist Press on Lithuanian-Jewish Economic Rivalry in the 1930s

2005 ◽  
Vol 10 (1) ◽  
pp. 121-144
Author(s):  
Eglė Bendikaitė
Keyword(s):  
Jewish Community ◽  
Western Europe ◽  
Economic Situation ◽  
Anti Semitism ◽  
The Press ◽  
National Economic ◽  
The World ◽  
The Creation ◽  
The Law ◽  
The Ideal

The Zionists were fully aware that the ideal that they propagated in relation to the creation of a political home for the whole Jewish nation could not be implemented overnight. Therefore, the concern about the socio-economic situation of the Jewish community was one of the main issues of Zionist activity in the Diaspora. The consequences of the world Depression of the 1930s, domineering nationalistic ideology, a big wave of anti-Semitism in Western Europe aroused strong public emotions in Lithuania, which manifested themselves mainly in the struggle for the ‘neglected’ economic positions in the country. This article attempts to reveal how the economic rivalry between the Lithuanians and the Jews was seen and presented in the Zionist press, most widespread and widely read by people of various political viewpoints in the 1930s. The information contained in the Zionist press throws light on the formation of the attitude towards the national economic programme conducted by Lithuanian authorities, placing emphasis on the importance of export and import, the qualification examination of artisans, the law on holidays and rest days, etc. Attention is also paid to the propaganda of the Association of Lithuanian Merchants, Manufacturers and Artisans (established in 1930), and the specifics of their rhetoric. The press response to professional competition, narrowing the spheres of the engagement of Jews and the propaganda of hatred towards the Jewish nation are also dealt with.

scholarly journals Pertimbangan Kewajiban Prinsip Deklaratif pada Hak Cipta Fotografi Jurnalistik melalui Media Internet

2019 ◽  
Vol 8 (1) ◽  
pp. 21-36
Author(s):  
Karuniawan Nurahmansyah
Keyword(s):  
Copyright Protection ◽  
Legal Protection ◽  
The Creation ◽  
The Law

The principle of declarative at the applications have to give priority to the announcementearly so that the creation of and find refuge , related on permasalah that occurs especially thejournalist they still have not realized and understand the importance of copyright protectionon works journalistic photography , copyright protection arranged on act number 28 years2014 on copyright .In general to get the protection of the law on the rights of copyright is todo recording the creation of on works copyright , but the registration of the work of thecreation of not as evidence that of that work have received the protection of the law , it is justthat as the notions of the preliminary to the process of evidence copyright sengeketa whenyour words come true .Journalist did not yet fully understand his creatures that a workcenters on the rights of journalists and the importance of moral right moral soul because isthe creator of the journalis.Keywords: The declarative, legal protection, copyright, photography journalistic

The impact of neuroscience in the law: How perceptions of control and responsibility affect the definition of disability

2017 ◽  
Author(s):  
Jennifer A. Chandler
Keyword(s):  
Human Rights ◽  
Criminal Responsibility ◽  
Legal Protection ◽  
The Internet ◽  
Human Rights Law ◽  
Disability Benefits ◽  
The Law ◽  
Definition Of ◽  
The Impact ◽  
Behavioral Conditions

The purpose of this chapter is to consider the hypothesis that neurobiological accounts of behavior will affect the law, not just in the criminal context where there is evidence that neurobiological explanations may affect judgments of criminal responsibility, but also in how disability in the law is defined. The definition of disability is important as it sets the parameters of entitlements to disability benefits and the scope of legal protection from discrimination in human rights law. The chapter explores the impact of neurobiological explanations of behavioral conditions in this context. It presents cases involving addictions to gambling, sex, or the Internet, and nicotine to illustrate how medicalization, and occasionally neurobiological explanations, account for disabilities that ought to be accommodated rather than punished.

scholarly journals The Crimes of Trespassing the Marine Environment in the UAE Legislations

2018 ◽  
pp. 1-16
Author(s):  
Sulaiman Alsinani ◽  
◽  
Mohammad Amin AlKarisheh ◽  
Keyword(s):  
Natural Resources ◽  
Marine Environment ◽  
Legal Protection ◽  
Penal Code ◽  
Environment Pollution ◽  
Federal Law ◽  
Specialized Courts ◽  
The Law ◽  
Definition Of

Particular attention has been given to the marine environment in the UAE. Hence, the legislator has devoted Part II of the Federal Law No. 24 of 1999 which is concerned with the protection and development of the environment. The Law initially identified the scope and goals of the protection, mainly tackling protecting the nation’s coasts, beaches and ports from the dangers of all forms of pollution. In addition to protecting the marine environment and its natural resources through criminalizing any action harming them. The research aims to identify the role of enforced legal protection of the marine environment in the UAE legislations in terms of application, effectiveness and identifying implementation constraints. In order to achieve this, the research reviews the definition of marine environment pollution, identifies elements of marine environment pollution crime and its sanctions. Finally, the researchers aspire that the UAE legislator would add the crime of trespassing the marine environment to the principle of universality, stipulated by the article 21 of the penal code, and specialized courts and investigative bodies to speed the process of looking into marine environment crimes and apply proper sanctions

scholarly journals ASAS KESEIMBANGAN DALAM ALTERNATIF PENYELESAIAN SENGKETA HUBUNGAN INDUSTRIAL DI LUAR PENGADILAN

2019 ◽  
Vol 16 (2) ◽  
Author(s):  
Usak .
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Industrial Relations ◽  
Legal Protection ◽  
Labor Disputes ◽  
Balance Principle ◽  
Industrial Labor ◽  
The Creation ◽  
The Law ◽  
The Right

Industrial labor disputes between workers or workers and employers often occur as a result of mismatches of opinion and / or actions of both. Both disputes are usually preceded by violations of law and may occur not for violation of the law. For the right institution to resolve industrial relations disputes, if based on the principle of balance thinking is a deliberation to seek dispute resolution, the right institution is a non-litigation institution outside the court, without having to be brought to the Industrial Relations Court. To further ensure the creation of a balance principle for the parties in disputes in industrial relations disputes, according to Law no. 2 of 2004 on Industrial Relations Dispute Settlement, dispute settlement takes priority through negotiation to seek deliberation outside the consensus of the courts, this will create a balance principle for the position of the parties while providing legal protection for workers/laborers. In accordance with the legal matter, the purpose of this study is to examine alternative forms of realization of industrial relations dispute settlement outside the court as a reflection of the principle of equilibrium.

scholarly journals APPLICABLE NORMATIVE DOCUMENTS WHICH REGULATE CONSTRUCTION WORK AT THE PRESENT STAGE

2019 ◽  
Vol 20 (2) ◽  
pp. 455-469
Author(s):  
L. Puqacheva ◽  
L. Kirillova ◽  
R. Kucherenko
Keyword(s):  
Urban Development ◽  
Residential Buildings ◽  
Construction Work ◽  
Normative Documents ◽  
Dwelling House ◽  
Technical Possibility ◽  
The Law ◽  
Definition Of ◽  
Construction Works ◽  
The Ideal

   One of the tasks of construction and technical expertise is the definition of technical Possibility of distributing a dwelling house to isolated apartments with separate exits to the land, including the possibility of turning the allocated part of the house into an isolated apartment (premises) by carrying out the necessary construction work on renonstruction, re-planning, re-equipment in accordance with the applicable normative documents. At the same time, questions arise regarding the granting of permits and the procedure for such worksand the order of their execution. The basic requirements of the legislative and normative acts in the field of construction that regulate the execution of construction works, the reconstruction, redevelopment, re-equipment and obtaining the necessary permits for the implementation of the refurbishments proposed by experts in the variants of the distribution of buildings and structures of individual developers between co-owners in accordance with the ideal shares of each and when determining the order of using the premises. Thus, in accordance with the Resolution of the Cabinet of Ministers of Ukraine of April 13, 2011 № 466 «Some questions of the implementation of preparatory and construction works», to the provisions of the Law of Ukraine «On Architectural Activities», the Law of Ukraine «On Regulation of Urban Development» (Article 34), the Law of Ukraine № 1817-19 of June 10, 2017 «On Amendments to Certain Legislative Acts of Ukraine Concerning the Improvement of Urban Development Activities» to perform the conversion is possible after the submission by the customer of a notice on the commencement of the execution of civil works State Architecture no-construction inspection or territorial authority at the location of the construction. The provisions of the legislative acts concerning obtaining permits during the conversion of individual dwelling houses, which must be carried out at their distribution for the implementation of the proposed distribution verses, are indicated in the article. They can be used by experts in conducting appraisals on the distribution of residential buildings, which are possible only with the necessary adjustments.

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