scholarly journals BANK CUSTOMER PROTECTION BASED ON HIGH-LEVEL PRINCIPLE ASPECT ON FINANCIAL CONSUMER PROTECTION (G20 PARIS 2011)

2020 ◽  
Vol 12 (1) ◽  
pp. 23-32
Author(s):  
Ahmad Fajar Herlani
Keyword(s):  
Natural Disasters ◽  
Consumer Protection ◽  
Data Access ◽  
Armed Conflicts ◽  
Transfer System ◽  
Infrastructure Systems ◽  
Clearing System ◽  
The Government ◽  
The Right ◽  
High Level

This writing discusses the protection of customers who experience delays and errors in electronic funds transfers caused by damage or interference from the bank. In this case, the bank experiences an inability to provide data access (availability of data) which should have been accessed by the customer for 24 hours. In providing access to customer protection data, it covers two aspects that must be considered, namely if the failure of the transfer occurs when the customer has not made an acceptance of the transfer (experiencing non-availability of data), then the customer has the right to complain to the bank. But if the transfer failure occurs when the customer has made an acceptance caused by natural disasters, danger, riots, armed conflicts, and/or other emergencies determined by the government that occurs in the area or location of the Original Sending Operator that is carrying out fund transfer orders, damage to electronic or non-electronic infrastructure systems that directly affect the implementation of Fund Transfer Orders that cannot be controlled by the Originator, the failure of the clearing system or the Fund Transfer System. Then the original sender is responsible to the original sender.

scholarly journals Consumer Protection on Nonofficial Drugs Case in Indonesia: How Far the Legal Protection is?

2021 ◽  
Vol 7 (4) ◽  
pp. 459-472
Author(s):  
Chatrin Intan Sari
Keyword(s):  
Consumer Protection ◽  
Research Method ◽  
Legal Protection ◽  
Illegal Drugs ◽  
Know How ◽  
Consumer Law ◽  
Consumer Rights ◽  
The Government ◽  
The Right

The purpose of this study is to know how the legal protection for consumers on the circulation of illegal drugs and how the accountability of business actors on the circulation of illegal drugs. By using normative juridical research method this study found that the legal protection to consumers on the circulation of illegal drugs conducted by the government through the Agency of Drugs and Food. The Agency highlighted that the attention that the government has run its supervision. In addition, the protection of consumer law arising from the existence of rights and obligations set forth in Article 4 letters a and c, article 7 letters a and d, article 8 paragraph 1 letter a, d and e of Law Number 8 Year 1999 concerning Consumer Protection. The fulfilment of consumer rights over security, the right to be heard, the correct, clear, and honest information regulated in the UUPK is still not fulfilled. Article 98 paragraph 2, Article 106 paragraph 1 and 2 of Law Number 36 Year 2009 on Health. The business actor is responsible as the manufacturer of the goods because the importer of the goods is not an agent or official importer. The business actor who is an individual shall be liable for the losses incurred even if only as an importer not as a producer of the goods. 

scholarly journals Gugatan Class Action dalam Hukum Perlindungan Konsumen

to-ra ◽  
2015 ◽  
Vol 1 (2) ◽  
pp. 89
Author(s):  
Wiwik Sri Widiarty
Keyword(s):  
Consumer Protection ◽  
Low Cost ◽  
Class Action ◽  
Judicial Process ◽  
Consumer Protection Act ◽  
Civil Lawsuit ◽  
The Government ◽  
The Many ◽  
The Right ◽  
First Time

Abstract   First time of the many cases that harm the interests of consumers as well as to the need for information and the development of knowledge in the field of law today is known as the class action, the Government, and Dewan Perwakilan Rakyat give attention to consumers in Indonesia. Provisions governing Class Action contained in Law No. 32 Year 2009 on Protection And Environmental Management, and Law No. 8 of 1999 on Consumer Protection, and also law PERMA No.1 Year 2002 on Proces Class Action. In order to demand justice for the consumer losses caused by the business, the consumer has the right to demand their rights as set out in the Consumer Protection Act, that the dispute mechanism can be chosen voluntarily by the parties to the dispute, namely through the courts or out of court. The class action suit is a civil lawsuit filed by a group of people who have an interest in a similar problem, either one or more of their members to sue or be sued as representative of the group without any members of the group are involved directly in the judicial process. In connection with this there is the benefit of a class action lawsuit in consumer disputes in court, but to fight for their rights, the principle litigants with simple, fast, and low cost, and the determinants that be a reason to be eligible class action, both in practice as well as in its implementation.   Kata Kunci: Gugatan Class Action

scholarly journals Prospects for the Existence of a Cashless Society and the Role of Cash in the Global Financial System

2019 ◽  
pp. 27-37
Author(s):  
S. Zadvornykh
Keyword(s):  
Financial System ◽  
Modern Society ◽  
Electronic Systems ◽  
Payment Systems ◽  
Electronic Money ◽  
The People ◽  
Cash Payment ◽  
The Government ◽  
The Right ◽  
High Level

Modern society is determined not only with a high level of development, but also a lot of social and economic problems. In the last years more and more popular became the meaning, that a lot of these problems could be solved with the canceling of cash. Experts and usual people are thinking that a new society will be more fair and transparent with less of criminal, drugs, economic fraud, unmotivated preference for individual categories, where everybody is paying less of tax and where is a high level of wealth protection. But in the real situation seems not so optimistic. In Life privacy. Canceling of cash mean total control against all financial operations of each person, their interests and tastes by banks and government. Besides that, using most mobile payment systems need geolocation – as result everybody will be all the time trecked in all senses of this word. In psychological sphere using electronic money will increase money spendings because using cash is combined with the feeling of pain, when people are spending them and e-money are for most of people something not so important, especially for young people (like money in PC game). In social shpere the cashless society will make problems for disabled people, people with mental problems and also can influence dementia by older people. Criminal. even if we will live in the cashless society with the modern trends, the level of financial fraud will reduce maximal on 15%, and P. Schmidt considered, that all the criminals will find another way for their activity. Besides that e-money and society are stimulating the growth of cybercrime and it is always growing and the companies, who had lost against cybercrime had spent more money for investigation of that cases, then they have lost. Unemployment. First of all, the system of cash circulation is huge. A lot of people are creation, designing, proofing, printing, gathering, retailing cash and also working each day in banks, cashier’s offices, shops and so on. Also many companies are producing stuff combined with cash. From wallets to cash machines. All these brunches will not exist anymore and all the people will lose their jobs. Economy. One of the main reasons to cancel cash was that in the cashless society will be impossible to set a negative rate and with the same it will be less of economic crises. But german economists have studied and proofed that it is possible and in this situation it will be more difficult to combat the crisis and cost much more for the government and people because all existing financial instruments that the government can use to fix situation are created only for cash and are working with it. Technical. Electronic systems could be crushed. Besides of that in case of wore or other conflicts people can ruin Internet connection all over the country and inhabitants will lose everything and have no possibility even get home. In general, e-payments are part of our life and they are very comfortable nowadays. But the canceling of cash will make more problems for people and organizations. This means that this could not be the right choice in the nearest future. Keywords financial system; cash; payment systems; cybercrime; banks; sociology; taxes; offshore zones.

scholarly journals ATTITUDE OF BENEFICIARIES & NON-BENEFICIARIES TOWARDS MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE ACT

2021 ◽  
Vol 8 (10) ◽  
pp. 48-59
Author(s):  
Prakash Kumar ◽  
Jahanara Jahanara ◽  
Dipak Kumar Bose
Keyword(s):  
Random Sampling ◽  
Mahatma Gandhi ◽  
Rural Employment ◽  
Ex Post ◽  
Ex Post Facto ◽  
Medium Level ◽  
The Government ◽  
The Right ◽  
High Level ◽  
Employment Guarantee

The Government of India created a historic act, by enacting the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), the largest employment generating programme in the world, ensuring the right to work in a country with a population of over one billion. This Act gives legal guarantee of at least one hundred days of wage employment in a financial year to a rural household, whose adult members volunteer to do unskilled and manual work. The present study was conducted in Dinara block of Rohtas district of Bihar. Ex post facto research design was followed for the analysis because the research is conducted after the occurrence of a particular incident. There are 61 villages in Dinara block, including the village of Dinara itself. Total number of 6 villages were selected through random sampling based on existence of MGNREGA Program. A total number of 60 beneficiaries and 60 non-beneficiaries of MGNREGA scheme were selected through random sampling for the present study. From the above analysis, it was concluded that 51.67 percent of the beneficiaries’ respondents is having high level of Attitude, whereas in non-beneficiaries 56.67 percent of the respondents is having medium level of Attitude.

scholarly journals JURIDIC ANALYSIS OF USED CLOTHES CONSUMER BASED ON ARTICLE 4 CONSUMER PROTECTION AND ISLAMIC LAW PERSPECTIVE

2020 ◽  
Vol 6 (2) ◽  
Author(s):  
Sugiharto Sugiharto ◽  
Andi Aina Ilmih
Keyword(s):  
Consumer Protection ◽  
Islamic Law ◽  
Negative Impact ◽  
Positive Impact ◽  
Legal Protection ◽  
Field Studies ◽  
Library Research ◽  
The Government ◽  
The Right ◽  
The Impact

This research focuses on the form of legal protection for used clothing consumers based on Article 4 of Law Number 8 of 1999 concerning consumer protection and analyzes the impact of the use of used clothing by the community in the city of Semarang, related to the Thaharah aspects in Islamic Law.To achieve this goal, researchers used a sociological juridical approach with data collection techniques in the form of library research and field studies by conducting direct interviews with relevant parties in connection with this research. The data obtained were then processed and analyzed by descriptive qualitative.The results showed that the form of legal protection for used clothing consumers in the Consumer Protection Act under Article 4, namely the right of consumers to get comfort, security, and safety. This is closely related to the obligations of business actors in providing true, clear and honest information about the conditions and guarantees of goods and/or services; and the need for guidance and supervision by the government. The impact caused by used clothing is negative impact and positive impact for used clothing consumers, both in terms of economic, social and public health in Indonesia. Although in an Islamic perspective, it is recommended that people prioritize aspects of thaharah (cleanliness) as Allah SWT requires every Muslim to purify in accordance with the criteria of Allah and His Prophet.

PERLINDUNGAN KONSUMEN TERHADAP PENGGUNAAN KOSMETIK YANG TIDAK TERDAFTAR PADA BPOM

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
Triyana Syahfitri
Keyword(s):  
Consumer Protection ◽  
Drug Product ◽  
Goods And Services ◽  
Food And Beverages ◽  
Consumer Protection Act ◽  
The Government ◽  
The Right

Consumer Protection Act Article 4 letter a which states that consumers have the right to comfort, security and safety in consuming goods and / services, so that goods circulated in the market must go through an Official Independent Institution formed by the Government which functions to oversee the circulation of each drug product, food and beverages circulating in Indonesia, namely the Food and Drug Supervisory Agency (BPOM). The BPOM Code is given as a guarantee that the goods consumed are healthy or harmless if consumed. Products that have been coded BPOM means that consumers use products that have safe quality and do not endanger health. But in reality there are still many markets on the product that are without the BPOM code, for example products in the form of female cosmetics.    

Swedish sustainability through a Zhang and London lens

2016 ◽  
Vol 26 (4) ◽  
pp. 370-394 ◽  
Author(s):  
Lars Lindbergh ◽  
Mattias Jacobsson ◽  
Timothy L. Wilson
Keyword(s):  
Sustainable Development ◽  
Formal Model ◽  
Content Type ◽  
Secondary Sources ◽  
Study Approach ◽  
The Government ◽  
Definition Of ◽  
The Right ◽  
High Level

Purpose The purpose of this paper is to describe how sustainable development has been initiated in a country (Sweden) in which sustainable development has priority and has produced observable results – essentially, the definition and reshaping of contents (p. 107) referred to in the Zhang and London (ZL) paper, therefore adding some validity to the model. Design/methodology/approach The research is both exploratory and qualitative in nature and uses an in-depth case study approach to the Swedish international economy as might be reflected by ZL’s modified Porter model. Information drawn from current secondary sources is complemented by personal contemporaneous observations of individuals in the country of interest. Findings The task of implementing Sweden’s strategy for sustainable development is holistic, and the State has played a major role in its development. That is, sustainability is the responsibility of the Government Offices as a whole, which produces proactive programs in each of the interactions analyzed in the ZL modified model. As an aside, the country has sustained a high level of competitiveness while producing a pleasant environment in which to live. Research limitations/implications Limitations in the study follow the same criticisms made of Porter’ seminal treatment – (still) lack of a formal model construction (although ZL make a meaningful contribution), (still) lack of clear definitions (although ZL make a meaningful contribution), problematic research methodology (although an attempt has been made at improvement) and lack of empirical testing among others (and it is thought that this paper is a step in the right direction). Practical implications Insofar as Sweden might be a model for other countries interested in extending their efforts in sustainable development, observations here provide some insights into possible approaches and results. Originality/value The approach basically followed Siggelkow’s (2007) definition of the use of cases as illustrations, which is useful when the underlying development depends upon constructs. It follows that the association of real-world observations with theory well serves the underlying foundation and cannot help but build credibility of those concepts and theory.

scholarly journals TOURISM IMAGE RECOVERY STRATEGY POST-NATURAL DISASTERS IN INDONESIA

Jurnal IPTA ◽  
2019 ◽  
Vol 7 (2) ◽  
pp. 107
Author(s):  
Nani Kurniasari ◽  
Heppy N.Y. Haloho ◽  
Alvina Eunice Christian
Keyword(s):  
Natural Disasters ◽  
Communication Theory ◽  
Communication Strategy ◽  
Foreign Tourist ◽  
Tourism Sector ◽  
Tourism Image ◽  
Foreign Media ◽  
The Government ◽  
Data Collection Technique ◽  
The Right

Tourism potential in Indonesia is a privilege that must be thankful for. However, that potential is not supported enough by the stability of the natural condition itself. Tourists destinations which is popular in Indonesia tend to be liable to the natural disasters. It happens recently in Bali and Lombok. A couple of natural disasters that afflict those two regions as the Indonesian tourism sector has an impact on reducing the number of foreign tourist to visit those tourists destinations. Based on the previous research studies, handling the natural disasters that occur in tourists destinations which are usually being visited by foreign tourist is a way more complex than the similar disasters which occur in the destinations that are only being visited by local tourists. The natural disasters which is involving foreign tousists will also have an impact on the bilateral relations between the two countries. In addition, the foreign media news wil have a wider impact on Indonesia’s image because of dealing with the natural disasters and the responsibilities to the victims. The government is still find some obstacles in dealing with a decreasing reputation after the natural disasters in Indonesia’s tourists destinations, even though the rapid response is correlated with the large amoun of costs that incurred to deal with the disasters. Then, formulating the right strategy for handling the post-natural disasters in Indonesia’s tourists destinations is important. This study aims to find the communication strategies which are needed to be the respons of the natural disasters that occur Indonesian tourism sector. Using the post-positivistic paradigm, this study was approached qualitatively and presented descriptively to reveal the right communication strategy on handling the Indonesia’s tourism sector which is affected by the natural disasters based on the situasional crisis communication theory. The interview was chosen as a data collection technique for the related sector. Open coding, axial coding, and selective coding was used as the data analysis technique. This research is expected to formulate the strategies for restoring the image of Indonesia’s tourism sector after the natural disasters. In fact, the research at this phase is still rarely done becuse the other similar research is still focus on the countermeasures during the disasters such as victim evacuation or the mitigation of the disasters.

scholarly journals Environmental Compliance and Enterprise Innovation: Empirical Evidence from Chinese Manufacturing Enterprises

2021 ◽  
Vol 18 (4) ◽  
pp. 1924
Author(s):  
Meng Liu ◽  
Yun Liu ◽  
Yongliang Zhao
Keyword(s):  
Inflection Point ◽  
Monopolistic Competition ◽  
Environmental Compliance ◽  
Compliance Cost ◽  
Industrial Enterprises ◽  
Enterprise Innovation ◽  
The Government ◽  
Firm Model ◽  
The Right ◽  
High Level

This paper embeds environmental compliance factor and compliance cost factor into the M-O monopolistic competition and multi-product firm model to construct a theoretical model applicable to environmental compliance and enterprise innovation. In addition, we also construct a new environmental compliance index. We use the random-effects Tobit model and the double hurdle model to empirically test the micro-data from the Database of China Industrial Enterprises from 1998 to 2013, then we use the Generalized Propensity Score Matching (GPSM) to conduct a robustness test. The robustness conclusion is that environmental compliance has a significant U-shaped relationship with enterprise innovation, which means, environmental compliance will inhibit enterprise innovation on the left of the inflection point of environmental compliance (0.669), while environmental compliance on the right of the inflection point will promote enterprise innovation. The sub-sample regressions show that, enhanced environmental compliance of state-owned enterprises, mature enterprises, core area enterprises and export enterprises with low level of the environmental compliance, makes the greater inhibition to enterprise innovation, and enhanced environmental compliance of above enterprises with high level of the environmental compliance, makes the greater contribution to enterprise innovation. To this end, the government should adopt the policy, from the shallower to the deeper, to promote the construction of environmental compliance, and identify the inflection point of the environmental compliance on enterprise innovation to stimulate the role of environmental compliance in promoting enterprise innovation.

scholarly journals Regulacja prawna timesharingu w wybranych państwach europejskich

2017 ◽  
pp. 57-91
Author(s):  
Marta Romanowska
Keyword(s):  
Consumer Protection ◽  
Member States ◽  
Law System ◽  
Goods And Services ◽  
Legal Nature ◽  
Roman Culture ◽  
Material Goods ◽  
The Subject ◽  
The Right ◽  
High Level

Timeshare is a part of the process of satisfying consumer needs through the use of material goods and services. Timeshare means touristic, cyclic use of things in a concrete period of time over many years. Consumer acquires the timeshare right under a contract of a consumer character. This right is regulated at EU level and is a supranational legal relationship, when it usually involves entities from different countries. Timesharing is a legal institution which is regulated by the Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts. The purpose of the Directive according to the article 1.1 is to contribute to the proper functioning of the internal market and to achieve a high level of consumer protection, by approximating the laws, regulations and administrative provisions of the Member States in respect of certain aspects of the marketing, sale and resale of timeshares contracts. Directive is without prejudice to national legislation which: provides for general contract law remedies, relates to the registration of immovable or movable property and conveyance of immovable property, relates to conditions of establishment or authorisation regimes or licensing requirements, and relates to the determination of the legal nature of the rights which are the subject of the contracts covered by this Directive. Under the definition set out in the Directive „timeshare contract” means a contract of a duration of more than one year under which a consumer, for consideration, acquires the right to use one or more overnight accommodation for more than one period of occupation. While the Directive does not determine the legal nature of the rights which are the subject of the timeshare contracts, in the practise of Member States, there are a lot of different legal timesharing structures like inter partes or in rem ones, trust, etc. Such situation does not help in consumer protection. The timeshare Directive was transposed to the legal systems of the Members States without significant changes. As the domestic legislation after the Directive does not determine the character of the timeshare right, the constructions of it are created with some specification of a common law system, german one as well as a roman culture. In England and in Spain the most popular timeshare construction used in practice is club-trustee, while in France there is a société d’attribution and Dauerwohnrecht in Germany. Timeshare is prepared for holiday use and is associated with tourist services. It represents a preferred alternative to purchase things as a legal owner, because only performs the function of consumption and aims to provide pleasure to the consumer lessee. The law is carried out by many consumers, although at a specific time they are entitled to exclusive use of one of them. Timeshare usage allows for real use of things without exercising the duties of taking care of thing, pay in respect of its ownership taxes, or making a repair. That is why it became such a success in tourism and in the same time while not functioning in the similar structure it is not clear institution for a potential consumer.

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