Concept 'vulnerable consumer' in EU and Serbian law

The subject of this paper refers to a special legal regime for vulnerable consumers protection. Special rules for their protection may be determined and applied only if the general term "vulnerable consumer" is clearly defined. Comparative legal research has shown that this requirement has not yet been met in a way that it is widely recognized as acceptable. However, the special term "vulnerable consumer", which is related to certain economic sectors, has been defined with more success. This paper explores the reasons which explain this and analyse the special legal protection of consumers in EU and Serbia on the example of an energy vulnerable customer. Based on examples of good practice, it is indicated that there is a lot of space for improving the position of vulnerable consumers if traders recognize the special needs of them and if they act responsibly and in accordance with the principle of good faith.

Download Full-text

PROBLEMATIC OF FARMER RIGHTSIN INTERNATIONAL FOOD TRADE

Yustisia Jurnal Hukum ◽

10.20961/yustisia.v96i0.5004 ◽

2017 ◽

Vol 96 ◽

Author(s):

Moch Najib Immanullah - ◽

Hernawan Hadi - ◽

Emmy Latifah -

Keyword(s):

International Trade ◽

Legal Protection ◽

Agricultural Trade ◽

Alternative Solution ◽

Legal Research ◽

Food Trade ◽

Indonesian Government ◽

The Subject

The urgency of this study is to analyze the problem concerning the provision of preventive and repressive protection rights for farmers regarding to the International Food Trade based on Agricultural Law, by using normative legal research, in order to owns a feasible position and competitiveness to the Indonesian Farmers as the subject of International Food Trade. The results of the study shows that the existing regulation has not being able to provide preventive and repressive protection rights for farmers in International Trade. Indonesian Government takes alternative solution by doing the harmonization of Indonesian Law which regulate the international trade, particularly the agricultural trade. Keywords: Problematic, Legal Protection, Farmers Rights, International Trade.

Download Full-text

IMPLEMENTASI PENANGANAN TINDAKAN KEKERASAN DALAM RUMAH TANGGA TERHADAPPEREMPUAN BERDASARKAN UNDANG-UNDANG NOMOR 3 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA

PRANATA HUKUM ◽

10.36448/pranatahukum.v12i2.185 ◽

2017 ◽

Vol 12 (2) ◽

pp. 44-53

Author(s):

Dwi Putri Melati

Keyword(s):

Domestic Violence ◽

Subject Matter ◽

Legal Protection ◽

Legal Research ◽

Married Life ◽

Violent Acts ◽

The Subject ◽

The Law ◽

Husband And Wife

Some of the problems we encounter in married life, and often the occurrence of violence between husband and wife, then the subject matter in this paper about the handling of the law on acts of domestic violence experienced by women under the law no. 3 of 2004 on the Elimination of Domestic Violence. Problem approach using normative juridical approach (legal research). The victim can make a complaint on the violent acts committed by the victim's husband / wife, because in the complaint the authorities will not process the action without any complaints from the victim, it can also be revoked by the victim which in fact is the husband / wife of the perpetrator. Law enforcers must be firm in handling cases of domestic violence, Doers of Domestic Violence really should be processed fairly, victims of domestic violence should get legal protection

Download Full-text

PROBLEMATIC OF FARMER RIGHTS IN INTERNATIONAL FOOD TRADE

Yustisia Jurnal Hukum ◽

10.20961/yustisia.v5i3.8796 ◽

2017 ◽

Vol 5 (3) ◽

Author(s):

Moch Najib Immanullah ◽

Hernawan Hadi ◽

Emmy Latifah

Keyword(s):

International Trade ◽

Legal Protection ◽

Agricultural Trade ◽

Alternative Solution ◽

Legal Research ◽

Food Trade ◽

Indonesian Government ◽

The Subject

AbstractThe urgency of this study is to analyze the problem concerning the provision of preventive and repressive protection rights for farmers regarding to the International Food Trade based on Agricultural Law, by using normative legal research, in order to owns a feasible position and competitiveness to the Indonesian Farmers as the subject of International Food Trade. The results of the study shows that the existing regulation has not being able to provide preventive and repressive protection rights for farmers in International Trade. Indonesian Government takes alternative solution by doing the harmonization of Indonesian Law which regulate the international trade, particularly the agricultural trade. Keywords: Problematic, Legal Protection, Farmers Rights, International Trade.

Download Full-text

Analysis of Possible Application of Personal Data, Personal Secrets, and Medical Confidentiality to the Regulation of Relations Concerning Genetic Information

Lex Russica ◽

10.17803/17295920.2020.161.4.143-151 ◽

2020 ◽

pp. 143-151

Author(s):

I. M. Rassolov ◽

S. G. Chubukova ◽

I. V. Mikurova

Keyword(s):

Genetic Information ◽

Personal Data ◽

Legal Protection ◽

Genetic Data ◽

Legal Regime ◽

Biometric Data ◽

The Difference ◽

Special Rules ◽

The Individual ◽

Digital Footprints

The analysis of the European and Russian legislation and documents of international organizations made it possible to draw the following conclusions. The uniqueness of genetic data is determined by the following characteristics. These data are relatively static, do not develop by themselves during life. They are in principle unchanged, since it is impossible to simultaneously modify all identical genes present in all cells of the same organism. They can be invariant with respect to their carrier, going beyond the individual carrier through transmission from generation to generation. The subject can be identified using various identifiers specific to the subject’s physiological, genetic, psychological, cultural, or social identity, such as biometric data such as facial image, fingerprints, iris, venous palm pattern, genetic markers, and "digital" footprints. The legal regime of secrecy can be applied to genetic information by analogy, taking into account the specifics of the source of origin of genetic information and special rules for its processing. However, existing restricted access information regimes do not take into account the specifics of genetic data. The difference between genetic information and other personal data and medical secrecy protected in the regimes is that other family members — blood relatives or a spouse may be interested in it, in addition to the information carrier itself, which is not taken into account in the current Russian legislation. Special mechanisms for the legal protection of genetic information should be introduced, which should be enshrined in a special law "On genetic information".

Download Full-text

Program-Target Budgeting as a Tool for Investment Stimulation of Business

Economics taxes & law ◽

10.26794/1999-849x-2018-11-3-77-82 ◽

2018 ◽

Vol 11 (3) ◽

pp. 77-82 ◽

Cited By ~ 1

Author(s):

A. I. Masterov

Keyword(s):

Current Practice ◽

Negative Impact ◽

Key Factors ◽

Economic Sectors ◽

State Budget ◽

Research Findings ◽

The Subject ◽

Program Budgeting ◽

Large Investment ◽

Stimulation Of

The paper discusses the use of the program-targeted budgeting methodology in the investment stimulation of business in the most problem sectors of the economy. The subject of the study is the dynamics of business activity in key economic sectors adversely affected by factors of the economic and geopolitical nature. The purposes of the study were to identify the key factors that have a negative impact on economic growth and seek options for investment stimulation of business activities in the most problem sectors of the economy using state budget funds. It is concluded that the current practice of budget investment is associated with significant risks and poor justification of investment decisions. Therefore, the American practice of the program budgeting in the implementation of large investment infrastructure projects using budget funds seems to be advantageous. Based on the research findings, methods for increasing the effectiveness of program-target budgeting tools under the Russian conditions are proposed.

Download Full-text

Legal Review of Medical Emergency that Happened after a Failed Abortion Attempt

Hang Tuah Law Journal ◽

10.30649/htlj.v4i1.140 ◽

2020 ◽

Vol 4 (1) ◽

pp. 63

Author(s):

Elfan Winoto

Keyword(s):

Legal Protection ◽

Criminal Code ◽

Professional Standards ◽

Doctor Who ◽

Legal Research ◽

Criminal Offender ◽

Standard Operating ◽

Medical Emergencies ◽

The Government ◽

Legal Consequences

Abortion is the fifth highest cause of maternal mortality. Legal abortions are called abortus provocatus medicinalis and those that are illegal are called abortus provocatus criminalis. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.This legal research uses a juridical normative with a conceptual and legislative approach.The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions. Abortion is the fifth highest cause of maternal mortality. Legal abortions are called abortus provocatus medicinalis and those that are illegal are called abortus provocatus criminalis. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.This legal research uses a juridical normative with a conceptual and legislative approach.The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.

Download Full-text

LEGAL PROTECTION FOR ILLEGAL INDONESIAN WORKER IN MALAYSIA

Media of Law and Sharia ◽

10.18196/mls.v1i4.9186 ◽

2021 ◽

Vol 1 (4) ◽

Author(s):

Asnu Fayakun Arohmi

Keyword(s):

Migrant Workers ◽

Migrant Worker ◽

Legal Protection ◽

Legal Research ◽

State Budget ◽

Indonesian Government ◽

Secondary Sources ◽

The Law

This research examines the legal protection provided for illegal Indonesian workers in Malaysia and the obstacles to perform it. Malaysia are the largest number compared to another country in Asia in receiving migrant workers from Indonesia. In total there are 73.178 migrant workers. A large number of Indonesian migrant workers is caused by the lack of jobs vacancy in the country, so citizens look for a job abroad. The requirements to become Indonesian migrant workers are not easy, therefore many of them went abroad illegally. Illegal Indonesian workers often get inhuman treatment. Indonesian goverment should protect every citizen, even though they are illegal workers, since they are still Indonesian citizen. This paper is based on normative-empirical legal research with the data obtained from interviews, as well as from secondary sources provided in laws governing these matters, journals or from trusted sites of internet. The results of this study show that: first, the Law No. 18 of 2017 on Protection of Migrant Worker does not differentiate the protection for illegal and legal Indonesian migrant workers. Second, there are two obstacles faced by the Indonesian government: lack of data regarding the illegal Indonesian workers and lack of state budget to handle the protection of illegal Indonesian workers.

Download Full-text

Event spaces and the shaping of economic subjectivity: Inside the Social Enterprise World Forum

Local Economy The Journal of the Local Economy Policy Unit ◽

10.1177/02690942211055037 ◽

2021 ◽

Vol 36 (5) ◽

pp. 347-355

Author(s):

Tom Baker ◽

Ryan Jones ◽

Michael Mann ◽

Nick Lewis

Keyword(s):

New Zealand ◽

Social Enterprise ◽

Affective Responses ◽

Subject Position ◽

Social Entrepreneur ◽

Economic Sectors ◽

The Social ◽

New Knowledge ◽

The Subject ◽

Global Conference

Drawing on observations at the 2017 Social Enterprise World Forum (SEWF) – a global conference held in Christchurch, New Zealand – this paper examines the significance of localised event spaces in shaping economic subjects and, by extension, economic sectors. Conferences such as the SEWF are sites and moments that provide access to new knowledge, foster collective action and shape the subjectivities of economic actors. We describe how the SEWF cultivated sympathetic affective responses towards social enterprise and the subject position of the social entrepreneur, and demonstrate how the local specificities of Christchurch, as a place, were key to the cultivation of social-entrepreneurial subjectivity at the SEWF.

Download Full-text

Kekuatan Hukum Pelekatan Sidik Jari Penghadap Oleh Notaris Pada Minuta Akta

Acta Comitas ◽

10.24843/ac.2020.v05.i03.p01 ◽

2020 ◽

Vol 5 (3) ◽

pp. 436

Author(s):

Wulan Wiryantari Dewi ◽

Ibrahim R

Keyword(s):

Legal Protection ◽

Civil Code ◽

Legal Research ◽

Legal Relationship ◽

The People ◽

Notary Public ◽

Administrative Sanctions ◽

Legal Consequences

The notary's role is to provide legal protection to the people who use his services. The presence of a Notary is indispensable for the community concerned to hold a legal relationship with other individuals so that the Notary may also be liable. In the provisions of Article 16 paragraph (1) letter c of the Amendment Law, it is stipulated that in carrying out his position, the Notary is required to attach fingerprints on the minutes of the deed, giving rise to various polemics, because the said provisions do not stipulate further if in this case the smoker suffers from finger defects or events that result in damage to fingerprints which makes the investigator unable to put his fingerprint. The purpose of this research is to find out how the efforts that can be done by a notary against those who are unable to put fingerprints and the legal consequences of the absence of fingerprints against the strength of the deed. This research is a type of normative legal research. The results of this study indicate that efforts can be made by a notary if there are those who suffer from finger defects or experience events that cause fingerprint damage so that they cannot attach their fingerprints to the minutes of the deed, the relevant Notary can explain the matter at the end of the deed. he made it because the fingerprints attached to the address are an act that is required to a notary that can lead to administrative sanctions as contained in the Amendment Law. Due to the legal absence of fingerprints attached to the strength of the deed that is the deed made by the relevant Notary Public remains an authentic deed even though the fingerprints of the tappers are not attached based on Article 1869 of the Civil Code and the deed is valid and legally binding as long as the provisions contained in Article 1320 are fulfilled Civil Code.

Download Full-text

Akses Karya Cipta Audiobook Bagi Disabilitas Netra : Perspektif HAM

Acta Comitas ◽

10.24843/ac.2019.v04.i03.p08 ◽

2019 ◽

Vol 4 (3) ◽

pp. 433

Author(s):

Bagus Gede Ari Rama Bagus Gede Ari Rama ◽

Ni Ketut Supasti Dharmawan

Keyword(s):

Research Method ◽

Government Regulation ◽

Legal Protection ◽

People With Disabilities ◽

Comparative Approach ◽

Blind People ◽

Legal Certainty ◽

Legal Research

Audiobook access for people with disabilities is very important. Access is the convenience that people get from a service. This study aims to analyze the legal certainty and legal protection of audiobook copyright access for blind people with disabilities. This study uses a normative legal research method with a statutory approach and comparative approach. This research found that access to audiobooks' works has been regulated in the Marrakech Treaty, Copyright Act Number 28 of 2014 and Government Regulation Number 27 of 2019. Akses karya cipta audiobook bagi disabilitas sangat penting. Aksesibilitas merupakan kemudahan yang didapat oleh orang terhadap suatu layanan. Penelitian ini bertujuan untuk menganalisis kepastian hukum serta perlindungan hukum akses karya cipta audiobook bagi disabilitas tuna netra. Penelitian ini menggunakan metode penelitian hukum normatif dengan pendekatan perundang-undangan dan pendekatan komparatif. Dalam penelitian ini menemukan bahwa akses karya cipta audiobook telah diatur dalam Traktat Marrakesh, UUHC 2014 serta Peraturan Pemerintah Nomor 27 Tahun 2019.

Download Full-text