Consumer protection enforcement law characteristics on civil law aspects in Indonesia

Law enforcement on consumer protection reflects the norms or rules of consumer protection law that apply in the community to be obeyed. The use of law enforcement instruments in consumer protection is a civil lawsuit that can be made by consumers, either individually or in groups, non-governmental organizations and the government. Consumer protection is something that is very important, because basically all humans are consumers. This consumer protection has been regulated in Law Number 8 of 1999 concerning Consumer Protection (hereinafter referred to as UUPK). The purpose of this law is to balance the rights and obligations of consumers and actors so as to provide protection to both parties, even though the interests of consumers and business actors are different. This difference in interests can trigger disputes between consumers and business actors. This consumer protection law enforcement can be done in court or out of court. Law enforcement on consumer protection is currently weak and tends to weaken. This can be seen from the number of complaints, complaints and consumer disputes submitted through social media, the voices of readers and those that go to BPSK, BPKN, LPKSM and YLKI, but very few get to the court process.

The 1994 Genocide against the Tutsi in Rwanda

This study, written collaboratively with a native Rwandan author, briefly recalls the historical reality from a Rwandan perspective and addresses the consequences of the Genocide against the Tutsi in Rwanda. Furthermore, the way the Western world was a passive spectator to the economic, political and social pillage and Genocide that occurred in the last part of the 20th Century, that was, in 1994, is discussed. How is reconciliation fostered in the communities across Rwanda? In particular, the sites and communities where massacres were held? Strong community ties and community being central to social work practice is observed in most East African countries, with no exception to Rwanda. While social work pedagogy is something new and possibly introduced by Western idiom, the tradition of welfare and mutual caring (would have been/ has been part) of the Kinyarwanda culture, language, and manner of living. What factors have worked for reconciliation, reconstruction of the society? How were people made to understand violence, and what did they replace it with? How is the post-genocide moral narrative shaped? The traditional indigenous processes that have been utilised, including the Gacaca, unique court process, are briefly discussed. How do people implant hate into people? By the same token, how do people put peace and love into people? These are a few questions that were central to this study throughout.

"Any evidence" in the Family Court

<p>This dissertation examines the origins and justification for the “any evidence” rule which has been a feature of New Zealand family law for many years. The rule provides judicial discretion to admit evidence in the Family Court which would be otherwise inadmissible. Its ongoing value has never been closely examined, although the rule has frequently been criticised. Selected cases have been examined to determine if reliance on the Evidence Act without the “any evidence” rule would have the deleterious outcomes contemplated. Analysis has shown that the rule has very little use and conversely, that the detriment caused by the rule is greater than the harm it was designed to remedy. Repeal and reform options are considered to better achieve the specific purposes of the various family law statutes as well as improve the integrity of the Family Court process overall.</p>

"Any evidence" in the Family Court

<p>This dissertation examines the origins and justification for the “any evidence” rule which has been a feature of New Zealand family law for many years. The rule provides judicial discretion to admit evidence in the Family Court which would be otherwise inadmissible. Its ongoing value has never been closely examined, although the rule has frequently been criticised. Selected cases have been examined to determine if reliance on the Evidence Act without the “any evidence” rule would have the deleterious outcomes contemplated. Analysis has shown that the rule has very little use and conversely, that the detriment caused by the rule is greater than the harm it was designed to remedy. Repeal and reform options are considered to better achieve the specific purposes of the various family law statutes as well as improve the integrity of the Family Court process overall.</p>

The Technology Revolution of The Criminal Jurisdiction Process Without Paper

The technological revolution for the Paperless Criminal Court Process is that in the development of evidence as regulated in the Criminal Procedure Code, it can no longer accommodate developments in information technology; this creates new problems. This problem causes the form of printed media to be shifted to digital media (paperless). This shift makes a significant change in crime using computers because evidence of a crime that will lead to a criminal event is in electronic data. Either on the computer itself (hard disk/floppy disc) or printed out or in another form in the form of a trace (path) of a computer user activity. The judge is not related to the correctness of conformity embodied on the instructions as evidence because electronic evidence cannot stand alone to prove the defendant's guilt. Therefore, it needs to be supported by other evidence.

The Shock Doctrine Comes to Canada: Laurentian University’s Insolvency Claim and the Neoliberal Tide

During the depths of COVID-19, Laurentian University, a small Canadian postsecondary institution located in the mid-sized city of Sudbury Canada, declared that it was insolvent and was legally allowed to terminate one-third of its faculty and cut almost one-half of its academic programmes. This historically unprecedented attack on a Canadian public institution utilized a Federal corporate court process, the Companies’ Creditors Arrangement Act (CCAA), a piece of legislation akin to the US Chapter 11 process. The result of the still-ongoing process saw the university Administration and Board of Governors working against the interests of the community, targeting the arts, Indigenous, Francophone and working-class communities. This article poses the question ‘to whom do universities belong, and at what point does a publicly funded university stop being a collective “social good” – responsible to the society that spawned it – and start being a stand-alone organization that serves private interests?’

Reported communication challenges for adult witnesses with intellectual disabilities giving evidence in court

Communication plays a key role in a witness's ability to give evidence and participate in the court process. Adults with intellectual disabilities (ID) can be negatively impacted by communication difficulties such as: limitations in recall abilities; suggestibility to leading questions; difficult question styles used by advocates; and unfamiliar language used within the court setting. Most research carried out on communication challenges for adults with ID, when giving evidence, has involved participants in psychology-based experimental methodology. In this study 19 court reports assessing actual witnesses (complainants and defendants) with ID, written by Registered Intermediaries in Northern Ireland, were analysed. A wide range of communication difficulties were identified for the adult witnesses. Difficulties resulting from communication used by their communication partner (typically the advocate in a court setting) were also described. A rich model of the challenges for both partners, in giving evidence and in cross-examination, is presented, extending previous research. This study highlights the need for research within UK courts to assess: how witnesses with ID are being questioned; the effectiveness of changes made to the court process to enhance communication; the impact of the court process and environment on communication and alternative question styles for advocates to use.

Kewenangan BNN dalam Pemberian Rehabilitasi Pada Pecandu Narkotika

This research entitled “BNN authority in giving rehabilitation to narcotic addicts”, This study employs doctrinal method by using statute approach and conseptual approach. The purpose of this research is to analyze research question in this study. There are two research questions in this study, they are: (1) Does BNN have the authority to give rehabilitation to narcotic addicts?, (2) what’s the basic consideration for BNN in giving rehabilitation to narcotic addicts?. This study concludes that BNN authority to give rehabilitation has derived a concept of authority to BNN based on special classification on rehabilitation. There are two category of special classification on rehabilitation. It consists of voluntary (narcotic addicts voluntarily reports themselves) and compulsory (narcotic addicts being caught by investigator). The compulsory category is divided into three parts which include rehabilitation given during court process, rehabilitation given outside court process and rehabilitation given after court decision or court injunction where investigator usually give rehabilitation after court decision or court injuction. Keywords: BNN Authority; Rehabilitation; Narcotic Addicts.AbstrakPenelitian ini berjudul “Kewenangan BNN Dalam Pemberian Rehabilitasi Pada Pecandu Narkotika”. Dalam penelitian yang menggunakan metode doktrinal dilakukan dengan menggunakan pendekatan perundang-undangan (statute approach) dan pendekatan konseptual (conseptual approach) dengan tujuan untuk menganalisis rumusan masalah penelitian ini. Terdapat dua rumusan masalah dalam penelitian ini, yaitu (1) Apakah BNN mempunyai kewenangan untuk memberikan rehabilitasi pada pecandu narkotika?; (2) Apa yang menjadi dasar pertimbangan BNN dalam pemberian rehabilitasi pada pecandu narkotika?. Dari penelitian ini dapat disimpulkan bahwa kewenangan BNN untuk memberikan rehabilitasi menghasilkan suatu konsep kewenangan BNN berdasarkan klasifikasi rehabilitasi secara khusus. Terdapat dua klasifikasi rehabilitasi secara khusus yaitu secara voluntary (pecandu melaporkan diri) dan compulsory (pecandu tertangkap tangan oleh penyidik) dimana pada kategori compulsory dibagi menjadi tiga jenis yaitu, 1. Rehabilitasi yang diberikan selama proses peradilan (penyidikan, penuntutan dan persidangan di pengadilan); 2. Rehabilitasi diluar proses peradilan; 3. Rehabilitasi yang diberikan setelah putusan atau penetapan pengadilan dimana penyidik biasa memberikan rehabilitasi setelah adanya putusan atau penetapan pengadilan. Kata Kunci: Kewenangan BNN; Rehabilitasi; Pecandu Narkotika.

Sixteen Fractures in a Seven-Month-Old Child Caused by Nonaccidental Trauma

Definition of physical child abuse is used to refer to a casualty injured by the caregiver. Health-care professionals providing medical care are responsible for detecting and reporting child abuse. A 7-month-old pediatric patient was referred to us from an outer center with the diagnosis of multiple fractures (14 different bones in 16 different anatomical regions). Skeletal pathologies were evaluated after exclusion of head and abdomen injuries in the emergency department. This child with fractures in 16 different anatomical regions of 14 different bones in her body is alive and does not have an intracranial injury. The number of fractures was too high to be explained even by major trauma. If child abuse is suspected, relevant authorities should be notified immediately. Medical records must be meticulously done as they can contribute to the possible court process. Our case, which contains almost all of the history and physical examination and risk factors of typical child abuse, is instructive enough to guide any health-care professional who may encounter this issue. The threshold in deciding on reporting of child abuse should be low. Every suspicious case should be reported in order to prevent repetitive abuse.