scholarly journals Consumer Dispute Resolution: A Comparative Study between Indonesia and Common Law System Countries

2017 ◽  
Vol 8 (3) ◽  
pp. 327-333
Author(s):  
Keyword(s):  
Dispute Resolution ◽  
Low Cost ◽  
Common Law ◽  
The Other ◽  
Anglo Saxon ◽  
Law System ◽  
Presidential Decree ◽  
Small Claims ◽  
The Difference ◽  
Small Claims Court

Abstract Since 2001, based on the mandate of Article 49 paragraph (1) of Law no. 8 of 1999 on Consumer Protection, BPSK (Badan Penyelesaian Sengketa Konsumen/Consumer Dispute Resolution Institution) has been established based on Presidential Decree No. 90/2001 on the establishment of BPSK in several cities in Indonesia. In some countries that embrace the Anglo Saxon legal system, consumer dispute cases are resolved by an institution called The Small Claims Court (SCC) and The Small Claims Tribunal (SCT). The difference in settlement through three institutions is that BPSK is a formal institution which resolves small disputes with low-cost, but does not limit the size of the lawsuit filed by consumers. On the other hand, SCT provides clear restrictions on claims that can be filed by consumers. At the completion done by SCC, the assemblies that resolved the case come from active and retired judges, while in BPSK the assemblies come from government, businessman and consumer with different backgrounds.

scholarly journals PERBANDINGAN PENYELESAIAN SENGKETA KONSUMEN DI INDONESIA DENGAN NEGARA-NEGARA COMMON LAW SYSTEM

2014 ◽  
Vol 44 (2) ◽  
pp. 269
Author(s):  
Kurniawan Kurniawan
Keyword(s):  
Common Law ◽  
Law System ◽  
Small Claims ◽  
Common Law System ◽  
Small Claims Court

Sejak tahun 2001, di Indonesia sesuai dengan amanat Pasal 49 ayat (1) Undang-Undang No. 8 Tahun 1999 tentang Perlindungan Konsumen, telah dibentuk Badan Penyelesaian Sengketa Konsumen (BPSK) berdasarkan Keputusan Presiden Nomor 90 Tahun 2001 tentang Pembentukan BPSK pada beberapa kota di Indonesia. Di beberapa Negara yang menganut Common Law System, kasus-kasus sengketa konsumen diselesaikan oleh lembaga yang disebut The Small Claims Court (SCC) dan The Small Claims Tribunal (SCT). Perbedaan penyelesaian melalui BPSK dengan SCC dan SCT adalah BPSK menyelesaikan sengketa konsumen yang berskala kecil, formal dan biaya murah, namun tidak membatasi besar gugatan yang diajukan konsumen, sedangkan SCT memberikan batasan yang jelas mengenai gugatan yang dapat diajukan oleh konsumen. Pada penyelesaian model SCC, majelis yang menyelesaikan perkara berasal dari unsur hakim aktif dan pensiunan, sedangkan pada BPSK majelis berasal dari unsur pemerintah, pelaku usaha dan konsumen dengan latar belakang yang berbeda-beda.

A Jurisprudential Miscellany

2019 ◽  
Author(s):  
Richard Susskind
Keyword(s):  
Dispute Resolution ◽  
Separation Of Powers ◽  
Common Law ◽  
Law System ◽  
The Common ◽  
Common Law System ◽  
The Law ◽  
The Difference ◽  
Philosophical Questions

Online courts give rise to a daunting array of jurisprudential con¬cerns. By ‘jurisprudential’, I mean theoretical and philosophical questions that arise in relation to the law. In this chapter, I pick off a few issues that I regard as especially pressing. These relate to the separation of powers and the independence of the judiciary, the difference between adversarial and inquisitorial approaches to dispute resolution, litigants without representation, and the sustainability of the common law system. These are all supertanker topics in their own right that I cannot resolve here in full. But I offer initial answers that I hope will be useful. I conclude by identifying a new job for jurisprudence.

scholarly journals Implementation of the Small Claims Court in Dispute Case Settlement in Indonesia

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Seno Adhi Wibowo ◽  
Massulthan Rafi Wijaya
Keyword(s):  
Supreme Court ◽  
Dispute Resolution ◽  
Dispute Settlement ◽  
Low Cost ◽  
Judicial Process ◽  
Resolution Process ◽  
The Supreme Court ◽  
Review Procedure ◽  
Small Claims ◽  
Small Claims Court

Dispute settlement through the courts (litigation) is perceived as ineffective and costly. The dispute resolution process through the courts is prolonged and time-consuming due to its very formal and very technical review procedure, high costs of the case, and the likelihood of repeated trials. The number of complaints made against citizens unwilling to deal with the judiciary. The Supreme Court with its authority to address the problems of the courts (litigation), namely by ratifying the 2015 Supreme Court Regulation (Perma) No. 2 concerning the procedures for the settlement of the Small Claims Court, to allow all elements of society to take a new direction of litigation, namely through Small Claims Court a simple, fast and low-cost lawsuit. With this, it hopes that the judicial process in Indonesia will be well underway in the future.

scholarly journals The Small Claims Court in Canada: Some Reflections on Recent Reforms

1969 ◽  
pp. 475 ◽  
Author(s):  
William A. W. Neilson
Keyword(s):  
Social Policy ◽  
Dispute Resolution ◽  
Competing Values ◽  
Costs And Benefits ◽  
The Social ◽  
Small Claims ◽  
Small Claims Court

The last ten years have been an extraordinary period with respect to legislation in the area of small claims dispute resolution. The author outlines how various provinces have reformed and experimented with their small claims courts to better suit the needs of the consumer. The costs and benefits of these reforms are analyzed with the competing values of diversity and uniformity in mind, The author examines the social policy behind these issues from several perspectives, including that of the potential litigant, judge and taxpayer.

R&D INVESTMENTS AS PREBARGAINING STRATEGIES

2014 ◽  
Vol 16 (03) ◽  
pp. 1450003 ◽  
Author(s):  
WILFRIED PAUWELS ◽  
PETER M. KORT ◽  
EVE VANHAECHT
Keyword(s):  
Nash Equilibrium ◽  
Low Cost ◽  
Unit Cost ◽  
The Other ◽  
Nash Bargaining ◽  
Unit Costs ◽  
Bargaining Outcome ◽  
Nash Bargaining Game ◽  
Output Market ◽  
The Difference

This paper analyzes a semicollusive, differentiated duopoly. Firms first compete in cost reducing R&D and then cooperate on the output market. The sharing of the joint profit on the output market is modeled as a Nash bargaining game. We study an asymmetric setting in which one firm has a lower unit cost of production than the other firm, before any R&D expenditures. If firms do not agree on how to share their joint profit, they play a noncooperative Nash equilibrium. Assuming linear demand functions, we show that the Nash bargaining outcome is independent of whether firms play a Cournot or a Bertrand Nash equilibrium, as long as both firms supply positive outputs in these equilibria. If the two products are sufficiently differentiated, there is a unique equilibrium in which both firms supply a positive output, and in which the low cost firm always invests more in R&D than the high cost firm. If the two products are not very differentiated, and if the difference in unit costs between the two firms is not too large, there exist two equilibria. In each of these equilibria only one firm supplies a positive output. This can be the low cost or the high cost firm. In the latter case, the initially high cost firm invests so much in R&D that its unit cost after R&D is lower than that of the other firm. This firm then leapfrogs the other firm. If the two products are very similar and if firms apply Bertrand strategies when disagreeing, there exist equilibria in which only one firm supplies a positive output, while in the noncooperative Nash equilibrium that same firm can prevent the other firm from entering the market. We show that, in the context of the Nash bargaining model, this latter firm still has the power to claim a share of the joint profit.

scholarly journals Colleagues are rivals: architecture and design in Russia

2018 ◽  
pp. 5-12 ◽  
Author(s):  
Andrey V. Bokov
Keyword(s):  
New York ◽  
Architectural Design ◽  
Direct Consequence ◽  
The Other ◽  
Anglo Saxon ◽  
The Difference ◽  
Architecture And Design ◽  
Different Cultures ◽  
The City

Architecture and design are fed from sources belonging to two different cultures. One can be conditionally called "artistic", the other is just as conditionally "engineering". The Roman-speaking, Latin world sees architecture and design as a phenomenon of artistic culture. Anglo-Saxon, Protestant world is inclined to attribute architecture and design to the field of engineering, practical and rational. Fundamental, essential differences do not arise between architecture and design, but between the cultures in which they are formed. In the Anglo- Saxon world there are a number of different designs, i.e. project practices, among which as an equal among equals architectural design. To the Latin world, our environment appears holistic and undivided, and its creator is an architect, a universal professional, capable of creating everything from the city to the door handle. A direct consequence of the implementation of these models is the difference in the appearance of Paris and New York. These models do not exist in isolation, they actively compete and influence each other. Traces of this competition are clearly discernible both in the nature of today's Moscow and in the professional consciousness of russian architects.

Interprétation auprès des tribunaux nationaux

FORUM ◽  
2007 ◽  
Vol 5 (1) ◽  
pp. 65-89 ◽  
Author(s):  
Christiane J. Driesen
Keyword(s):  
Human Rights ◽  
Continuing Education ◽  
Common Law ◽  
Civil Law ◽  
The Other ◽  
Cognitive Content ◽  
Bachelor Degree ◽  
Law System ◽  
The Common ◽  
University Course

The aim of this article is to take stock of the situation concerning training of court interpreters, particularly in what is known as the « civil law » countries in Europe as opposed to those with the « common law » system. It reviews existing organisational formats and proposes the two types of teaching that seem best-suited to meet the urgent requirements of the courts. One is in the framework of continuing education; the other a university course leading to a bachelor degree. The author recommends a principle of pedagogical progression taking into consideration the difficulties linked to less spoken languages and stresses the importance of teaching all the traditional interpreting techniques, including specific cognitive content, but at the same time focusing especially on ethical and human rights aspects in the interpreting strategies taught.

This, that and the other: locating the supernatural enemy in Old English

2015 ◽  
Vol 19 (2) ◽  
pp. 213-226
Author(s):  
ADAM MEARNS
Keyword(s):  
Old English ◽  
The Other ◽  
Modern Concept ◽  
Prototype Model ◽  
Semantic Structure ◽  
Anglo Saxon ◽  
Conceptual Category ◽  
Normative Function ◽  
The Difference

This article explores the concept of the supernatural and the characterization of monsters and devils in Old English (OE), using the framework of a prototype model of semantic structure. Although there is a lexical gap, with no OE word equivalent to Present-Day English supernatural, it is possible to identify a set of semantic traits that constitute a covert conceptual category similar to the modern concept and encompassing Anglo-Saxon monsters and devils. The essence of this category is ‘exclusion’. The difference between the modern and medieval concepts is that, for the Anglo-Saxons, the boundary of the supernatural was conceptually much ‘closer’ and conceived in less abstract terms, corresponding to the frontier between the civilized space of society and the unruly alien space beyond. Similarities in the words applied to them reflect the fact that supernatural beings shared this alien space with other more mundane outsiders, such as foreigners and criminals. As its most extraordinary members, however, Anglo-Saxon monsters and devils played an important role in delineating the boundaries of society by acting as a challenge or counterexample to the principles of proper behaviour and accepted beliefs from which that civilized space was constructed and therefore supporting the normative function of the Anglo-Saxons’ ‘sense of place’ in the terms of Convery et al. (2012).

scholarly journals CIVIL LITIGATION NEGLIGENCE AND THE MALAYSIAN ADVOCATE

2013 ◽  
Vol 20 (2) ◽  
Author(s):  
Baharuddeen Abu Bakar
Keyword(s):  
Public Policy ◽  
Common Law ◽  
The Other ◽  
Civil Litigation ◽  
The Public ◽  
Judicial Decisions ◽  
House Of Lords ◽  
The Difference ◽  
Court Of Appeal ◽  
Alternative Sanctions

Civil litigation negligence now stands on a surer footingfollowing cases from Canada, England and elsewhere which lay emphasis on theadversarial system rather than the structure of the profession, and immunityhas now been almost completely abolished by judicial decisions. In Malaysia,the basis of legal professional liability is expected to be re-aligned to beconsistent with the other common law countries that have abolished immunity.The questions that necessitate consideration are therefore acts that wouldconstitute negligence and those that are excusable, the relevant defences, and,of course, the alternative sanctions to civil litigation for this type ofnegligence. The fused nature of the profession in Malaysia, perceived to bemore burdensome to its members, raises the question of the appropriate standardof the duty of skill and care.(For the purposes of this article an ‘advocate’ refers to theMalaysian (and Singaporean) lawyer, who as a member of a ‘true fused’ profession,engages in litigation or ‘contentious business’ as defined in s. 3 of the LegalProfession Act 1976.) {The writer is of the firm view that criminal casesshould be considered separately from civil cases because of the difference inthe law of procedure relating to the preparation of a case for presentation incourt and the public policy considerations peculiar to each type of case asseen in the approach taken by the House of Lords in Arthur J.S. Hall vSimons in which separate judgments were delivered for each type of case.And in Rees v Sinclair [1974] 1 NZLR 180, a civil case, in whichthe New Zealand Court of Appeal did not consider the position in criminalcases.}

scholarly journals THE ISSUE OF VARIANCE IN TRANSLATION OF TERMS IN THE FIELD OF CRIMINALISTICS AND FORENSIC EXAMINATION

2021 ◽  
pp. 200-215
Author(s):  
T. Kryvak
Keyword(s):  
Beneficial Effect ◽  
Common Law ◽  
Civil Law ◽  
Professional Communication ◽  
Law System ◽  
Forensic Examination ◽  
English Speaking ◽  
The Common ◽  
The Difference ◽  
Civil Law System

The article deals with the features of translation of terms in the field of criminalistics and forensic examination and the issue of variance that arises in the process of translation. It is noted that variance in the translation of terms in the field of criminalistics and forensic examination is both a positive and a negative phenomenon. However, the emergence of variance, as practice shows, is a prerequisite for the acquisition of an exact and unambiguous equivalent in language, depending on the context. The article indicates that the translation of terminology in the field of criminalistics is of particular interest, since the language of law, as a language of professional communication, has a vivid national specificity, due to the legal realities of national legal systems. Therefore, in the case of translations from English into Ukrainian and from Ukrainian into English, one should take into account the difference between the common law system, which is applied in English-speaking countries, and the civil law system, which also includes the Ukrainian legal system. The lexical transformations that are used when translating terms are analyzed and the need to achieve the effect of meaningful and contextual identity when translating terms is determined. It is concluded that as criminalistics and forensic examination develop, there is a rethinking and transformation of existing terminological units. Moreover, international cooperation has a beneficial effect on the work of not only terminologists, but also criminologists and forensic experts, since the unification of terminology facilitates communication between specialists. Terminology serves as the basic conceptual apparatus for any field of knowledge, and forensic science is no exception.

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