scholarly journals Legal Efforts of Conflicts Resolution in the Cash on Delivery System in E-Commerce Transactions in Indonesia

2021 ◽  
Vol 04 (09) ◽  
Author(s):  
Maria Louis Cahya Lumaris ◽  
Keyword(s):  
Conflict Resolution ◽  
Law Enforcement ◽  
Research Methods ◽  
Delivery System ◽  
Civil Law ◽  
Criminal Code ◽  
Research Data ◽  
Electronic Payment ◽  
Payment Systems ◽  
Legal Remedies

This study aimed to analyze the legal efforts of conflict resolution in the Cash on Delivery system in e-commerce transactions in Indonesia. As will be discussed in this research is the development of e-commerce in Indonesia, payment systems in e-commerce in Indonesia, and legal efforts of conflict resolution in the Cash on Delivery systems in e-commerce transactions in Indonesia. This study used normative juridical research methods and research data used were secondary legal data consisting of primary legal materials and secondary legal materials. Based on the results of the study, it is known that e-commerce in Indonesia is developed rapidly, especially during the Covid-19 pandemic. Besides the development of e-commerce followed by the development of electronic payment systems in Indonesia, one of them is the Cash on Delivery (COD) system. However, this system creates a conflict between the parties involved in the electronic transaction. Legally, there are two ways of resolving conflict can be put forward, including non-litigation, which is done to achieve peace between the parties involved in the conflict, and if peace is not reached, legal remedies can be taken in litigation by the Buyer by taking civil law action because the Seller has defaulted as regulated in Article 1243 of the Civil Code. In addition, the Buyer can also take criminal litigation efforts by arguing that the Seller has committed a criminal act of fraud as regulated in Article 378 of the Criminal Code in conjunction with Article 28 paragraph (1) of the ITE Law. However, criminal litigation is carried out as a last resort in law enforcement or as an ultimum remedium.

scholarly journals COMMERCIAL TRANSACTION: FEATURES OF LEGAL REGULATION

2021 ◽  
Vol 37 (1) ◽  
pp. 75-79
Author(s):  
R.D. Farkhutdinov ◽  
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Civil Law ◽  
Legal Regulation ◽  
Public And Private ◽  
Conceptual Apparatus ◽  
Private Interests ◽  
Legal Limits ◽  
Commercial Transaction ◽  
Individual Features

The article suggests and justifies the concept of "commercial transaction" is currently not fixed in civil legislation as a civil definition, while a number of scientists have repeatedly justified the need and importance of fixing such a concept to solve a number of problems in legal regulation. In addition, it offers ways to solve the problem of the conceptual apparatus of the practice of separate consideration of "commercial transactions" in civil law, which allows solving a number of practical problems of law enforcement. The article uses comparative, formal-legal and functional research methods. The article identifies individual features of a commercial transaction, the legal limits of mutual synthesis of public and private interests, and determines the forms of protection of such interests.

scholarly journals Juridical Overview of Unlawful Control of Land Owned by Homeless People

2021 ◽  
Vol 9 ◽  
Author(s):  
Bagus Raharjo S. Hidayat ◽  
Ahmad Riyadh U. B.
Keyword(s):  
Law Enforcement ◽  
Land Tenure ◽  
Homeless People ◽  
Criminal Code ◽  
City Government ◽  
Analysis Techniques ◽  
Land Owners ◽  
Legal Remedies ◽  
The Law ◽  
Made In

The homeless phenomenon is very disturbing for the community. Moreover, homeless people have carried out land tenure unilaterally and against the law of someone's land. Furthermore, the purpose of this study is to measure the legal wisdom that can be done by land owners controlled by the Homeless. This research is a normative legal research using a statute approach. By using deductive analysis techniques using legal material processing methods in general. So that it can be analyzed legal problems based on facts in the field or in the community. The results of the study can be denied that the law enforcement of land tenure against the law by homeless people. Can be done in litigation or non-litigation. Litigation measures can be made in criminal and civil cases. The criminal mechanism is carried out by reporting to the police regarding the criminal law stipulated in Article 167 and Article 385 of the Criminal Code. A civil mechanism, the ruler of land and / or buildings thereon can be sued on the basis of an unlawful act along with an application for vacant land Non-litigation legal remedies can be made through complaints to the Satpol PP in the jurisdiction (locus) of the owner of the land rights. Satpol PP is an extension of the Ministry of Social Affairs and Provincial, Regency or City Government.

CRIMINAL LEGAL COUNTERACTION TO FRAUDULENT USE OF ELECTRONIC PAYMENT FACILITIES IN RUSSIA AND ABROAD

2020 ◽  
pp. 48-53
Author(s):  
B. E. Shavaleev ◽  
Keyword(s):  
European Union ◽  
Law Enforcement ◽  
Criminal Code ◽  
Electronic Payment ◽  
The European Union ◽  
Annual Increase ◽  
Foreign Countries ◽  
Principle Of Justice ◽  
The Russian Federation ◽  
Criminal Legislation

Modern trends indicate an annual increase in the number of registered facts of fraud using electronic payment facilities, as well as the amount of damage associated with it, both in foreign countries and in the Russian Federation. This fact puts on the agenda the problem of improving measures of counteracting this type of crime. A significant element of combating crime is the optimization of criminal legislation, which determines the relevance of this study. The author carried out a comparative legal study of the criminal legislation peculiarities of Russia and foreign countries in terms of combating fraud using electronic payment facilities, notes special features of the conceptual apparatus and legal technique used in domestic and foreign criminal laws. The paper investigates the legal penalization of the above act, the legal technique of formulating the disposition of the corpus delicti providing for liability for fraud using electronic means of payment. The author highlights the wide use of restitution in the criminal legislation of the European Union states. Based on the results of the study, the author determined the features of criminal-legal counteraction to fraud using electronic payment facilities in Russia and abroad, formulated the proposals to improve the criminal legislation in terms of combating fraud using electronic means of payment. More precisely, the author suggested a draft article of the RF Criminal Code establishing liability for illegal use of electronic payment facilities bringing to the uniformity of the law enforcement practice and implementation of the principle of justice of punishment.

scholarly journals Use of Electronic Means of Payment as Ways of Crime Commission: Features of Investigation and Protection Routes

2021 ◽  
Vol 11 (2) ◽  
pp. 1868-1877
Author(s):  
Vasyukov V
Keyword(s):  
Law Enforcement ◽  
Forensic Science ◽  
Criminal Liability ◽  
Comprehensive Analysis ◽  
Electronic Payment ◽  
Payment Systems ◽  
Law Enforcement Agencies ◽  
Personal Gain ◽  
Crime Commission ◽  
Criminal Legislation

The article deals with electronic payment systems and means as methods of committing criminal encroachments on material and other objects belonging to citizens and organizations. Electronic payment systems and means which have become widespread in recent years have proven vulnerable to various types of criminals using this vulnerability for various purposes, including personal gain. The purpose of this article is a comprehensive analysis of criminal encroachments on electronic payment systems and funds carried out for personal gain to determine the way for law enforcement agencies to counter them. The authors outline the concept of such systems and means according to the norms of the current legislation, as well as the methods of committing crimes in this area identified in forensic science. There is a description of elements of such crimes contained in the criminal legislation of Russia and several countries. Some problems associated with difficulties in qualifying crimes using electronic payment means have been identified. The authors' conclusions about the need for the further scientific and practical study of qualification of criminal liability for theft using electronic payment means are presented.

scholarly journals COURT VERDICT ANOMALY THAT DROPPED PUNISHMENT AGAINST CHILDREN UNDER 12 (TWELVE) YEARS OLD

2015 ◽  
Vol 15 (3) ◽  
Author(s):  
Sabungan Sibarani
Keyword(s):  
Research Methods ◽  
Child Protection ◽  
Criminal Code ◽  
Research Data ◽  
Court Decision ◽  
District Court ◽  
Constitutional Court ◽  
Legal Research ◽  
Legal Effect ◽  
The Future

The protection of children is a very serious problem and need to be considered better. That is because the child has a very important role in life of the nation in the future. Author emphasizes research how the legal effect of a District Court decision which is contrary to the Constitutional Court No. 1/PUU-VIII/2010. The author examines the problem with normative legal research methods. The research data shows that the victims are Doni Yoga (DY) who was aged 11 years old. Doni Yoga charged with the crime of theft under Article 363 paragraph (1) of the Criminal Code of the theft. The author concluded that the decisions of the cases by Pematangsiantar District Court  has been at odds with the law and the Constitutional Court Decision No. 1 / PUU / 8/2010. However, the decision is still to be considered true and valid throughout not be appealed or an appeal that was canceled by court decision on a higher level.Keywords: Child Protection, Punishment.

scholarly journals Subject of confiscation in little commercial bribery and little bribery

2021 ◽  
Vol 2021 (1) ◽  
pp. 121-125
Author(s):  
Galina Mironova
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Civil Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
Legal Basis ◽  
State Revenue ◽  
Legal Nature ◽  
Commercial Bribery ◽  
The Russian Federation

The analysis of the grounds for the confiscation of property allowed the author to identify a set of problems that have arisen as a result of the legislative separation of petty commercial bribery and petty bribery. Article 1041 of the Criminal Code of the Russian Federation gives no legal basis for seizure of property obtained as a result of petty commercial bribery or petty bribery. It leads to the deficiency of the means of criminal law enforcement and requires the use of other means, not restricted to only penal tools. For the confiscation of property, courts resort to the application of civil law norms regulating the invalidity of civil transactions. The author notes that as a result of this approach to the legal regulation of the confiscation of property and decisions taken by the courts, there is a confusion and substitution of the legal nature of the fact of a crime and the fact of a civil tort. In order to eliminate the revealed contradictions, the author proposes to amend the normative regulation of the grounds for the confiscation of property and to consider property received as a result of petty commercial bribery or petty bribery as obtained illegally and, accordingly, subject to seizure as state revenue.

scholarly journals THE CONCEPT OF ACCOUNTS PAYABLE IN THE COMPOSITION OF CRIMES IN THE SPHERE OF ECONOMIC ACTIVIT

2020 ◽  
pp. 17-20
Author(s):  
A.G. Maksimov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Economic Activity ◽  
Civil Law ◽  
Criminal Code ◽  
Comprehensive Analysis ◽  
Accounts Payable ◽  
The Russian Federation ◽  
Law Regulation

The norms of Chapter 22 of the Criminal Code of the Russian Federation are in the overwhelmingmajority of a blanket nature. Blanketness implies the need to appeal to other, in addition to criminal,branches of law to establish the content of a criminal law prohibition. However, the criminal law containsdefinitions that are not defined not only in the normative acts of various branches of law, but also in thelegal doctrine. Of course, such a situation significantly complicates the process of understanding the true content of the criminal law norm, as a result, can lead to significant errors in law enforcement. One ofthese definitions is “accounts payable”. The term itself is directly mentioned in the disposition of one normof the criminal law — Art. 177 (malicious evasion from paying off accounts payable). However, the term“accounts payable” must be established when qualifying a number of other acts, for example, such as unlawfulactions in bankruptcy, deliberate bankruptcy, fraud associated with deliberate failure to fulfill contractualobligations (parts 4 and 5 of article 159 of the Criminal Code of the Russian Federation). In this article,the author, on the basis of a comprehensive analysis of the economic content, civil law regulation and thespecifics of criminal law application, proposes his own approach to establishing the content of the conceptof “accounts payable”, which can be useful both in developing a model of effective criminal law protectionof economic activity, and and in the process of law enforcement.

The current state of the legislative implementation of criminal law policy

2020 ◽  
pp. 111-118
Author(s):  
Oleksandr Ostrohliad
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Practical Significance ◽  
New Approach ◽  
Public Discussion ◽  
Current State ◽  
Criminal Offenses ◽  
Legal Technology ◽  
Logical Semantic

Purpose. The aim of the work is to consider the novelties of the legislative work, which provide for the concept and classification of criminal offenses in accordance with the current edition of the Criminal Code of Ukraine and the draft of the new Code developed by the working group and put up for public discussion. Point out the gaps in the current legislation and the need to revise individual rules of the project in this aspect. The methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-historical. Results In the course of the study, it was determined that despite the fact that the amendments to the Criminal Code of Ukraine came into force in July of this year, their perfection, in terms of legal technology, raises many objections. On the basis of a comparative study, it was determined that the Draft Criminal Code of Ukraine needs further revision taking into account the opinions of experts in the process of public discussion. Originality. In the course of the study, it was established that the classification of criminal offenses proposed in the new edition of the Criminal Code of Ukraine does not stand up to criticism, since other elements of the classification appear in subsequent articles, which are not covered by the existing one. The draft Code, using a qualitatively new approach to this issue, retains the elements of the previous classification and has no practical significance in law enforcement. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current Criminal Code, to classify criminal offenses, as well as to further improve the draft Criminal Code of Ukraine.

BASIC FUNDAMENTALS OF CIVIL LAW AND THEIR IMPORTANCE

2019 ◽  
pp. 120-126
Author(s):  
Diana Vivcharuk
Keyword(s):  
Law Enforcement ◽  
Scientific Knowledge ◽  
Civil Law ◽  
Comprehensive Analysis ◽  
Practical Significance

Purpose. The purpose of the article is the regulation of relations on the principles of civil law. Methodology. The methodology includes a comprehensive analysis and a synthesis of available scientific and theoretical information. It is includes the formulation of relevant conclusions and recommendations. Such methods of scientific knowledge were used: terminological, functional, systemic-structural, logical-normative. Results: it was determined, that principles of civil law – an ideas of the civil law, that characterized by systematic,versatile, more stable, more regylated. Originality. An article is the special reseach that explores the problems of civil law in Ukraine. Practical significance. The results of the research can be used in legislation and law-enforcement activities.

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