Legal Protection for Customers Victims of Savings Account Break-ins Crime

This study aimed to analyze the role of Bank Indonesia (BI) and the Otoritas Jasa Keuangan (OJK) of the banking activities in Indonesia and to analyze the legal protection of bank customers. There are two issues discussed in this study, the first regarding the role of OJK and Bank Indonesia in supervising crime in the banking world and the second regarding legal protection for customers victims of savings accounts break-ins crime. The research method used was normative juridical, by studying and reviewing legal principles derived from library materials. The discussions that were discussed in this article were how the role of OJK and Bank Indonesia in supervising crime in the banking world and how legal protection is for customers who are victims of savings account burglary in Indonesia. The Otoritas Jasa Keuangan regulation (PJOK) also requires banks to compensate for losses suffered by customers. Article 29 PJOK Number 1/PJOK.07/2013 states "Otoritas Jasa Keuangan is required to be responsible for Consumer losses arising from errors and/or negligence, management, employees of Financial Services Business Actors and/or third parties working for the interests of the Financial Services Providers. Financial Services Business. Lawsuits that can be pursued through the courts can be in the form of criminal charges or civil lawsuits. Embezzlement of bank customer deposits may be subjected to Article 372 and Article 374 of the Criminal Code (KUHP).

Assessment of the Financial Capacity in Elderly: Approach and Challenges in Indian Scenario

The elderly population, with those individuals above the age of 60 years, is increasing exponentially, attributable to higher life expectancy as a result of improved health care, socioeconomic level, and quality of life. As they grow older (>80 years), it becomes difficult to manage their basic needs and daily living. A report on Decade of Healthy Ageing estimates that 14% of people aged 60 years and above cannot meet their basic daily needs which include the ability to manage finances. Some elderly people depend on others to manage finances because of their inability to make decisions resulting in conflicts and communication problems between siblings and other members of the family and lodging of civil lawsuits in India’s joint family unit. So, decision-making is an important area to assess in the elderly people, given its clinical, legal, and ethical aspects. Courts of law can refer to older persons for assessing their capacity to manage finances, though there are no structured clinical procedures to assess it in India. This article evaluates existing methods around the world, discusses the challenges associated with the assessment, and provides clinicians with guidance on assessing financial capacity from an Indian perspective.

The Anti-pornography Civil Rights Ordinances, 1983–1991

The chapter analyzes attempted civil rights legislation against pornography (the “MacKinnon-Dworkin” ordinance). It delineates its underlying hierarchy theory: consciousness-raising, group representation, and intersectional legal analysis—a commanding approach to end oppression through civil lawsuits against producers and disseminators, avoiding criminal law. The contemporaneous critics’ charges of “rigidity” and “one-sidedness” are found wanting, inadequately apprehending hierarchy and subordination. The ordinances’ definitions are shown to target provably harmful material only, preventing overbreadth and vagueness. A legal argument is advanced that the ordinances are narrowly tailored to serve a compelling interest, the incidental restrictions on alleged First Amendment freedoms are no greater than is essential to further their interest, and the definitions are sufficiently analogous to other unprotected expressions (e.g., obscenity and group libel). The Seventh Circuit’s judicial invalidation in American Booksellers Association v. Hudnut (1985) is found based on ideology rather than law, political ideas rather than legislated rules.

Some Questions Arising in the Trial of Civil Lawsuits in the Criminal Court of First Instance

The article discusses some problems of considering a civil claim during a criminal court hearing. It is argued that settling a civil claim during criminal proceedings has a higher priority than a trial in a civil process. The author justifies the position according to which filing a lawsuit during criminal proceedings is a right and not an obligation of a person in a criminal trial. The author also believes that in filing a civil claim in a criminal process, the civil plaintiff should present proof of the incurred costs with the purpose of further recovery of the material damage; besides, the person who will pay the damage or compensate for the moral harm should be established. Based on the analysis of court practice, it is proven that the settlement of a civil claim during a special procedure of a criminal court trial is possible, however, the accused should agree not only with the accusation, but also with the size of the damage (harm). The cases in which the courts can eliminate violations of criminal procedure legislation during preliminary investigations are examined.

Is One Health a Viable Strategy in Animal Health Litigation: Evidence from Civil Lawsuits in China

Several litigation strategies are used to gain support from courts in order to protect animals. While the emerging litigation strategy themed in One Health stimulates judicial protection in the animal health sector, little is known about whether and how such strategies are supported by courts. In this article, we investigate how animal welfare litigation strategies influence judge’s choices within their discretion. We argue that litigators equipped with the litigation strategy themed in One Health are placed in an advantageous position in animal health cases, but that this tendency varies markedly across zoonoses. Specifically, we suggest that litigators utilizing One Health’s litigation strategy are associated with higher probabilities to win, whereas normal litigators are not. Further, we propose that litigators equipped with the One Health litigation strategy are awarded more damages from judges. We test and find support for our predictions using a cross sectional dataset of civil lawsuit cases centering on the animal health industry in Chinese mainland. Our findings indicate that courts indeed were persuaded by the One Health litigation strategy, even when bound by the discretion rules. At the same time, we suggest that for advocates who would like to litigate for animal welfare in the animal health sector, the litigation strategy themed in One Health might have potentially positive implications.

Legality and Validity of Property Seizure in the Investigation of a Criminal Case

The importance of the measure of procedural coercion in the form of seizure of property increases against the background of the high amount of damage caused by crimes, namely about 550 billion rubles annually. This measure of procedural coercion has a high security potential in order not only to satisfy claims in civil lawsuits, but also to recover a fine and other property claims provided for in Part 1 of Article 115 of the Criminal Procedure Code of the Russian Federation. Investigators (interrogators) annually initiate the seizure of property about 40 thousand times. 90% of cases are a success. The application of this measure is accompanied by the restriction of the property rights of both natural and legal persons, including those who are not recognized as a civil defendant in a criminal case, in the first case, and the accused (suspect).The seizure of property in criminal procedure practice is accompanied by the need for the investigator to overcome a number of difficulties, which are caused, firstly, by the intersectoral nature of the regulation of this legal institution; secondly, by the presence of gaps in the regulation of relations arising in connection with the imposition of this arrest; thirdly, by the inconsistency of the objectives of proof to establish the nature and amount of damage caused by a crime and the implementation of security activities in a criminal case. This gives rise to numerous violations of the legality and validity of the seizure of property on the part of not only the investigator, but also the court, despite the expression of a number of positions of the ECHR on this issue, despite the explanations of the Constitutional Court and the Supreme Court of the Russian Federation.The author concludes that without the release of the investigator as a subject of proof in a criminal case from performing an unusual function — providing compensation for property penalties in a criminal case — it is impossible to achieve the full legality and validity of the seizure of property.

Perlindungan Hukum Bagi Pemilik Merek Dagang Atas Penjualan Barang Palsu pada Platform Marketplace

Nowadays technology changes is more advanced. One of the changes caused by the development of information technology is human behavior in realizing the results of their intellectual property. We can view intellectual property through online platforms easily. The Covid-19 pandemic has caused the sale of goods that were offline becomes online. Other than that, there are also a lot of counterfeit goods which has peaked on the marketplace platform. This research aims to gain an understanding of legal protection for brand owners and about legal actions that can be taken by them for selling counterfeit goods on the marketplace platform. The research method used is normative juridical. The results of this study are based on Law no. 20 of 2016 concerning on Marks and GI and Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 on EIT in order to obtain more comprehensive protection, trademark owners must first register their trademarks. In addition, efforts that can be made by trademark owners are taking actions such as making complaints to each marketplace platform, resolving alternative disputes, submitting requests for provisional decisions, civil lawsuits by requesting compensation, and criminal sanctions.

Challenging Domestic Judgments Through Investment Arbitration: Implications for the Forced Labour Litigation in Korea?

This paper considers the international legal implications of certain civil lawsuits that recently resulted in Japanese companies being ordered to pay compensation to Korean victims of forced labour, focusing specifically on whether investor-state arbitration could provide a means of redress against judgments affecting those companies. After identifying the jurisdictional hurdles that those companies might face were they to challenge those judgments before an Arbitral Tribunal, this paper explores the most relevant treaty protection disciplines that could be relied upon in bringing such challenges, and discusses the remedies that a competent Arbitral Tribunal could prescribe were it to find that those judgments were not in conformity with Korea's international obligations. Building on existing jurisprudence, this paper shows that investment arbitration may provide a means for offsetting the adverse consequences of Korean forced labour litigation, but also highlights a number of difficulties that the Japanese companies would face in pursuing such an avenue.

Operation Varsity Blues and the NCAA’s Special Admission Exception

“Operation Varsity Blues,” the university admissions scandal and ensuing federal investigation, made national news and captivated the public. Fascination with the scandal could have stemmed from the involvement of celebrities such as Lori Loughlin and Felicity Huffman and/or the sheer ridiculousness of the scheme, in which wealthy and prominent families paid exorbitant amounts of money to secure their childrens’ admission to elite universities. Others may have closely followed the resulting legal proceedings that included federal criminal charges like racketeering against 50 individuals and civil lawsuits against elite universities and celebrities with one suit seeking $500 billion in damages. Lawmakers’ attempts at preventing future university admissions scandals legislatively may have also caused curiosity. This article, though, explores the scandal’s intricate ties to college athletics and seeks to determine the most effective and practical means to mitigate the likelihood of a future similar admissions scandal. More specifically, the article explores how head coaches and an athletics administrator used their positions at academically elite universities to exploit a little-known NCAA rule permitting universities to use more lenient admissions standards for incoming student-athletes. Scheme participants falsely indicated dozens of applicants were incoming student-athletes in order to trigger the less rigorous standards and secure admission to elite universities. The criminal proceedings resulting from the scandal have yielded relatively light sentences for involved coaches, and civil suits against universities have been unsuccessful. California attempted to address the scandal legislatively, but, as this article explains, its reform package contains holes that fail to address many of the scheme’s key components. The article concludes that the NCAA, as opposed to lawmakers, the legal system, or individual universities, is in the best position to prevent, or mitigate the likelihood of, a future university admissions scheme like Operation Varsity Blues. Doing so would require only eliminating a single NCAA rule that is inconsistent with myriad other NCAA rules and principles and has resulted in decades of poor academic results.

KEKUATAN HUKUM PEMBUKTIAN AKTA NOTARIS AKIBAT PENYALAHGUNAAN KEADAAN

Notaries are often placed as defendants or co-defendants in civil lawsuits against the law regarding deeds that contain elements of undue influence. This journal writing focuses on the legal consequences of the state undue influence element against the Notary's authentic deed and the Notary's responsibility in making authentic deeds that contain elements of undue influence. The research method used in writing this journal is juridical normative through a statutory approach, a case approach, and a conceptual approach. The result of this research is that the legal consequences of a Notary deed that contain elements of undue influence can be canceled, degraded into deeds under the hands, can be canceled by agreement of the parties without court process, and can be canceled by the court based on the principle of legitimate presumption. As for the notary's responsibility for deeds that contain elements of abuse of circumstances are civil and administrative.