Pemenuhan Hak Konsumen melalui Perlindungan Hak Merekam

2020 ◽  
Vol 2 (1) ◽  
pp. 33
Author(s):  
Dias Bintang Wibisono ◽  
Mozes Reynaldo Christanto

If we studied deeper, fulfillment of consumer rights especially, The right to comfort, security, and safety in consuming goods and or services; The right to choose goods and or services and to obtain goods and or services in accordance with the exchange rate and conditions and guarantees promised; The right to true, clear and honest information about the condition and guarantee of goods and services has a relationship with the trademarks protection. Trademark protection  has been understood to be limited to the protection of trademark owners and there is no relationship between trademark and consumers. Though some of the rights received by consumers can actually be associated with the existence of a trademark protection.

2020 ◽  
Vol 2 (1) ◽  
pp. 33
Author(s):  
Dias Bintang Wibisono ◽  
Mozes Reynaldo Christanto

If we studied deeper, fulfillment of consumer rights especially, The right to comfort, security, and safety in consuming goods and or services; The right to choose goods and or services and to obtain goods and or services in accordance with the exchange rate and conditions and guarantees promised; The right to true, clear and honest information about the condition and guarantee of goods and services has a relationship with the trademarks protection. Trademark protection  has been understood to be limited to the protection of trademark owners and there is no relationship between trademark and consumers. Though some of the rights received by consumers can actually be associated with the existence of a trademark protection.


2014 ◽  
Vol 6 (2) ◽  
Author(s):  
Iffaty Nasyiah

The Law No. 8 of 1999 about Consumer Protection Article 4 letter b said that one of consumer rights, namely the right to select and obtain goods in accordance with the exchange rate. Not found in authentic explanation regarding this exchange rate, if the exchange rate is the exchange rate that is in accordance with the agreement between the seller and the buyer, or in accordance with the production values or the exchange rate that corresponds to the price market, this then raises the question of free interpretation among the businessmen that the exchange rate is determined only by the desire of businessmen and weighing of benefits desired by businesses alone, so that entrepreneurs are allowed to set the exchange rate goods many times from the value of its production. In Islamic law is not found the rules regarding the determination of the limits of this exchange rate, but Islam is a tolerant religion, including in determining the exchange rate as the words of the Prophet Muhammad: "May Allah have mercy to a tolerant person (easy) when it sells, tolerant when buying, tolerant when fulfilling the obligation and tolerant when claiming its rights”. (HR. Bukhari from Jabir)


2019 ◽  
Vol 19 (1) ◽  
pp. 406-416
Author(s):  
O. Dontsova ◽  
G. Sich

This article content is aimed at characterization of urgent problematic issues, which are connected with determining the place of forensic expertise in cases related to the protection of consumer rights and the development of ways of solving emerging problems. The article emphasizes that in accordance with the current legislation, consumers have the right to protect their rights to the necessary quality, safety of goods and services, as well as the right to compensation for losses caused by goods of inadequate quality, dangerous to life and health, etc. It is determined that the main control in the sphere of trade is exercised by the State Service for Product Safety and Consumer Protection, and it is established that the problems are the inability of this service to carry out an instant check on a consumer complaint of a particular point of sale. At the present stage, the problem of citizens' rights including rights in the sphere of consumption, is extremely urgent, because accession of Ukraine to the European Union requires the application of European standards of product quality. In developed country, the consumer is a major player in market relations, which is focused on the production and improvement of the quality of goods and services. The application of sanctions to sellers, manufacturers of poor-quality products does not always give the necessary effect, because usually an unscrupulous manufacturer (seller, executor) pays a fine and continues to provide poor quality services, to supply products that are dangerous to life and health. Important factor in improving the quality of products and services provided is the legal knowledge of consumers themselves in protecting their rights. Consumer rights have a prerogative over the rights of sellers and producers, since human life and health under the Constitution of Ukraine is a fundamental value of the state. The authors described the actions that the consumer should take to protect their violated rights, and emphasized that in cases where the consumer seeks to restore justice for this issue, he should ask an expert institution to perform a forensic trade research.


2021 ◽  
Vol 2021 (3) ◽  
Author(s):  
Anna V. Dyachenko ◽  
Alexandra I. Karintseva ◽  
Svetlana V. Tarasenko ◽  
Mykola O. Kharchenko ◽  
Yurii O. Mazin ◽  
...  

The paper provides an overview of the largest economic crises of the twentieth and twenty-first centuries ("Great Depression", crisis of 2008). Indicators for assessing economic crises are systematized. The main indicators characterizing economic crises are highlighted: the exchange rate, GDP, inflation, with the help of which the study of the 2019-2020 crisis was carried out. Fluctuations of stock indices of the main countries of the world and changes in the exchange rate of Ukraine; the rate of growth of world GDP; the inflationary processes in the world and in Ukraine are characterized. The recession at the beginning of 2020, due to both economic transformations and the COVID-19 pandemic, does not have unambiguous development forecasts. This is primarily due to the presence of a significant human factor in the course of this recession. Fiscal and monetary measures of countries, international organizations are the main instruments for overcoming the crisis. Crisis 2019-2020 forms both negative and positive economic phenomena. One of the most important positive phenomena is the growth of competition and the formation of demand for basic innovations of the sixth technological order, the introduction of which will significantly increase the competitiveness of goods and services of Ukrainian companies in the international space. The directions of response to the deployment of the 2019-2020 crisis in Ukraine are proposed.


2016 ◽  
Vol 1 (2) ◽  
pp. 291
Author(s):  
Safet Emruli ◽  
Agim Nuhiu ◽  
Besa Kadriu

A trademark is a sign that individualizes the goods of a given enterprise and distinguishes them from the goods of its competitors. Trademark may consist letters, words, slogans, symbols, numerals, pictures, name, logo, even sounds and smell. They are based on registration. One registered trademark gives to his owner the right to exclude others from using an identical or similar mark to identify its goods or service on market. Trademark owners should apply for registration by filling an application in national level, in their national office for protecting trademark rights which trademark will be protected only in that current country and in international level by filling one application where his trademark will be protected in many country depending in which country he has mark the protection. The law does not recognize every possible mark or symbol as a valid trademark, there are some criteria that one sign or mark have to satisfy to gain the trademark protection. Any sing which is not able to distinguish the goods and services can not be registered, and this is one of the reasons for rejection of registration. Sign or mark must be a “trademark”, must not fail on the absolute and relative grounds. Sign can be refusal for absolute ground if is not able to distinguish the goods and services. Unprotected mark will be consider also mark in conflicts with a prior right in another trademark or other distinctive sign will also be refusal, in this case for relative ground. Accordantly to this, the owner, during creating his mark should be original, natural, creative etc.


2020 ◽  
Vol 2 (2) ◽  
pp. 203-226
Author(s):  
Rio Kartika Supriyatna ◽  
Dedi Junaedi ◽  
Evinovita Evinovita

ABSTRACTThis study aims to: analyze whether monetary fiscal policy affects the economy (GDP) of Indonesia and examine whether differences in the budget regime affect the fiscal fiscal governance in supporting the achievement of Indonesia's GDP. Research using quantitative analysis methods; The data used are time series 1990-2010, the analysis technique used is multiple regression with dummy variables. The results show that monetary stability - represented by the variable APBN, financing, investment, BI-rate, exports, imports, inflation, exchange rates and budget regime differences - simultaneously significantly influences GDP development. The level of correlation between the independent variables and the variable variable is quite strong with R-squared 0.9969%. This means that the research variables can explain the dynamics of GDP around 99.69%, the effect is influenced by other variables not examined. Partially, from the results of the statistical analysis, it was found that the APBN, investment, BI-Rate, Imports and the exchange rate had an effect and the difference in the budget system regime had a significant effect on the development of GDP. While the variable financing, exports and inflation have no significant effect on GDP. Cost variables can have a real impact if the standard error is raised to 19%. Exports can significantly affect GDP if the standard error is raised to 24%. APBN, investment, BI-Rate and budget regime differences are positively correlated to GDP. While imports and the exchange rate are negatively correlated to GDP. The econometric model of the influence of oneter stability with GDP is as follows: GDP $ = 0.3131 * APBN + 1.8437 * INVEST $ + 7.8384 * BI_RATE - 0.00037 * IMPORT - 0.01226 * EXCHANGE $ + 167.02356 * REZIM1 + 181.1681 * REZIM2 + 197.6315. Relatively, the use of an integrated and performance-based budgeting system is better than a balanced budget system. Likewise the performance-based budgeting system is also relatively better than the integrated budgeting system. This means that the budget system reform in Indonesia has been on the right track so far.Keywords: Indonesia, economy, GDP, budget system, monetary stability


Author(s):  
Pichonnaz Pascal

This commentary analyses Article 8.2 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning foreign currency set-off. Art 8.2 deals with set-off in the case of freely convertible currencies and restrictions to set-off between foreign currencies. Where the obligations are to pay money in different currencies, the right of set-off may be exercised, provided that both currencies are freely convertible and the parties have not agreed that the first party shall pay only in a specified currency. This commentary discusses the principle of set-off for freely convertible currencies, conversion and the exchange rate for freely convertible currencies, set-off in currencies that are not freely convertible, and burden of proof relating to foreign currency set-off.


2017 ◽  
Vol 5 (2) ◽  
pp. 177
Author(s):  
Anastasia H.P Enga

AbstractCommodification or the transformation process of goods and services are valued for their use, into a commodity that is valued for what they can get in the market, such as commercial agriculture to sell food, produce drama for commercial broadcasting. Marriage celebrities homelands is now a mass produced product with a variety of packing with the aim of a variety of interests and tastes of the market. So now the wedding of the artists as wellas more general topics that can be commercialized in any form of mass media to increase profits. Trans tv no longer pay attention to the publik frequency, use valuas taken here replaced by the exchange rate, the sanctity of the wedding pair of human children have been used a business area for the media konglmerasi to benefit is not small. Keywords:  commodification, wedding artists, television


2016 ◽  
Vol 8 (3) ◽  
pp. 171
Author(s):  
Renhong Wu

How to assess the misalignments of real exchange rate in developing countries has been a difficult and unresolved issue. Over the decades, researchers have not found desirable methods to estimate the “Equilibrium Exchange Rate”. The Purchasing Power Parity (PPP) approach has limitations, and the fixed or managed floating exchange rate regimes in developing countries make the estimating more difficult. The purpose of this paper is to discuss the limitations of the Macroeconomic Balance approach and the existing PPP approach for estimating equilibrium exchange rate in developing countries, and introduce a new method–the Adjusted PPP method to assess exchange rate in developing countries. The new method includes the Human Development Index (HDI) to adjust the traditional PPP estimates. By introducing the adjustments of HDI, the big quality differences in non-tradable goods and services between developed and developing countries are adjusted for the exchange rate estimates. Also, as a case study, the paper estimated the exchange rate in China of 1991-2013.


2020 ◽  
Vol 9 (2) ◽  
pp. 204-216
Author(s):  
Siti Fadhilla Femadiyanti ◽  
Suparti Suparti ◽  
Budi Warsito

Some indicators of the Indonesian economy are inflation and the exchange rate of rupiah against US dollar. Inflation and the rupiah exchange rate are thought to be influenced by the money supply (JUB) and the BI Rate. The money supply has a nonparametric relationship pattern to inflation and the rupiah exchange rate, while the BI Rate has a parametric relationship pattern  to inflation and the rupiah exchange rate. The right method for detecting the relationship between inflation and the exchange rate with JUB and BI Rate is birespon semiparametric regression with a splined penalized estimator. The semiparametric regression coefficient of birespon spline penalized is estimated using the Weighted Least square (WLS) method which is determined based on the degree of polynomials, the number and location of the optimal knot points, and the optimal lambda determined based on the minimum of Generalized Cross Validation (GCV). This research uses the R Program. Based on the results of the analysis, the best spline penalized birespon semiparametric regression model is located in the number of knots is 5 at the knot points of 5257,783; 6649,469; 8976,871; 11099,19 and 13535,51 found in the first degree of response is 1 and the second degree of response is 2 with an optimal lambda of 99,99. The results of the performance evaluation of the model produce value of  is 99,9007%, meaning that the model's performance is very good for out samples of the data and the MAPE value of 2.89169% is less than 10% which means the model's performance is very good.  


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