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The Role Of Police Investigators In Overcoming Motor Vehicle Theft (Curanmor) In Police Area Pakpak Bharat Resort 警察调查人员在Pakpak Bharat度假村警区克服机动车盗窃(Curanmor)中的作用
Pub Date : 2022-01-30 DOI: 10.35335/jls.v4i1.1695
Widodo Kaban
The increase in cases of motor vehicle theft cannot be avoided due to the increasing growth rate of motorized vehicles which is quite high in the Pakpak Bharat Resort Police (Polres). The Ministry of Transportation said that the growth rate of motorized vehicles was very disproportionate to the length of the existing road, that the length of the road was no longer able to accommodate the volume of motorized vehicles. The problems posed are: what is the form of the act of motor vehicle theft in Pakpak Bharat, what is the role of the police in motor vehicle theft in Pakpak Bharat and what are the obstacles and efforts faced by the police in overcoming motor vehicle theft. The results of the research and discussion explain that the forms of theft of motorized vehicles in Pakpak Bharat are carried out in various ways, namely: using fake keys, damaging motorized ignition keys, damaging four-wheeled motorized vehicle doors, pointing with firearms and pointing with sharp weapons as well as depriving and take by force by injuring the victim. The role of the National Police in motor vehicle theft in Pakpak Bharat is to conduct investigations and take action on public reports of motor vehicle theft, with details of the main tasks as follows: as law enforcers, as protectors and as community guides. Efforts that can be made by the police in overcoming motor vehicle theft are by conducting raids and patrols in places that are suspected of being prone to motor vehicle theft and socialization about the use of additional keys. The obstacle faced by the police in overcoming the theft of motor vehicles is the difficulty in identifying the perpetrators of the theft. Motor vehicle theft is currently experiencing growth and development with neat characteristics, has a kind of bureaucracy of its own, is resistant to social reactions and is able to spread a network of activities in such a way that it has a wide scope coupled with a high quality to avoid law enforcement efforts through various means.
由于Pakpak Bharat Resort Police (Polres)的机动车增长速度相当高,机动车盗窃案件的增加是不可避免的。交通运输部表示,机动车的增长速度与现有道路的长度极不相称,道路的长度已无法容纳机动车的数量。提出的问题是:Pakpak Bharat机动车盗窃行为的形式是什么,警察在Pakpak Bharat机动车盗窃中的作用是什么,警察在克服机动车盗窃方面面临的障碍和努力是什么。研究和讨论的结果说明,Pakpak Bharat机动车盗窃的形式多种多样,包括:使用假钥匙、损坏机动点火钥匙、损坏四轮机动车门、用火器和利器指向以及通过伤害受害者来剥夺和强行夺取。在Pakpak Bharat,国家警察在机动车盗窃方面的作用是对机动车盗窃的公开报告进行调查并采取行动,其主要任务的细节如下:作为执法人员、作为保护者和作为社区向导。警方可以采取的措施是,在怀疑容易发生汽车盗窃的地方进行搜查和巡逻,并普及使用备用钥匙。警方在克服机动车盗窃方面面临的障碍是难以确定盗窃的肇事者。机动车盗窃目前正经历着以整洁为特征的增长和发展,具有自己的一种官僚主义,对社会反应具有抵抗力,并且能够以这样一种方式传播活动网络,其范围广,质量高,可以通过各种手段避免执法努力。
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引用次数: 0
Transformation Of The EU Law Related To The Etabilishment Of National Law In The England In The Law Perspective Of International Organizations 从国际组织的法律视角看与英国国内法建立相关的欧盟法律转型
Pub Date : 2022-01-30 DOI: 10.35335/jls.v4i1.1699
Syaravina Lubis
The economic upheaval of a country is one of the reasons for the formation of an international organization, namely the European Union. The goal of the European Union itself is to promote through the community the harmonious, sustainable development of economic activity, steady improvement, rapid improvement of living standards, quality of life and closer relations between member states. This research has a problem formulation consisting of the transformation of EU law into law in the member states of the European Union, the transformation of EU law in the UK, and a challenge as a legal effort related to the transformation of EU law in the UK according to International Organization Law. This study uses a normative juridical research method. The results of the research on the transformation of European Union Law into National Law of member countries, namely by establishing Regulations, Directives, Decisions that must be applied in member countries. EU law has the supremacy of overriding the National Laws of member states. The transformation of European Union Law in the UK began with the agreement of the European Communities Act 1972 which was the UK's ratification of EU Law. Challenge as a legal remedy related to the transformation of European Union Law in the UK is permitted under Articles 230 and 232 of the European Union Agreement, namely by submitting a complaint to the national court in accordance with the time specified to carry out the challenge, this challenge action can end with an amendment. The conclusion of the research is the transformation of European Union Law in member countries in the form of Regulations, Directives, and Decisions. The European Union Law Transformation in the UK is regulated through the European Communities Act 1972. Challenge as a legal remedy related to the transformation of EU Law in the UK is allowed in order to create a good implementation. Suggestions related to research is that it is better to ensure that the transformation of European Union Law has been implemented as intended. The transformation of EU Law in the UK should ensure that UK National Law can be waived in the event of a conflict with EU Law which is immediately effective. Conduct in-depth negotiations, ask for opinions from representatives of each member country so that unity is achieved to facilitate the implementation of European Union Law in member countries and minimize challenges to European Union Law.
一个国家的经济动荡是一个国际组织,即欧盟形成的原因之一。欧盟本身的目标是通过共同体促进经济活动的和谐、可持续发展、生活水平和生活质量的稳步改善和迅速提高以及成员国之间更密切的关系。本研究的问题表述包括欧盟成员国将欧盟法转化为法律,英国将欧盟法转化为法律,以及英国根据国际组织法将欧盟法转化为法律的挑战。本研究采用规范的法学研究方法。欧盟法转化为成员国国内法的研究成果,即通过制定必须在成员国适用的法规、指令、决定。欧盟法律具有凌驾于成员国国内法之上的至高无上的地位。欧盟法在英国的转变始于1972年欧洲共同体法案的达成,这是英国对欧盟法的批准。根据《欧盟协定》第230条和第232条,挑战作为一种与英国欧盟法转型相关的法律补救措施是允许的,即根据规定的时间向国家法院提交申诉,该挑战行动可以以修正案结束。研究的结论是欧盟法律在成员国以法规、指令和决定的形式的转变。英国的欧盟法律转型是由《1972年欧洲共同体法》规范的。挑战作为一种与英国欧盟法转型相关的法律救济是允许的,以便创造一个良好的实施。与研究相关的建议是,最好确保欧盟法的转型已按预期实施。英国欧盟法的转型应确保在与欧盟法发生冲突的情况下,英国国内法可以被豁免,并立即生效。深入谈判,征求各成员国代表的意见,实现统一,促进欧盟法在成员国的实施,最大限度地减少对欧盟法的挑战。
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引用次数: 0
Juridical Review Of Default In A Motorcylcle Leasing Agreement (Research Study At. PT Adira Dinamika Multifinance, Tbk) 摩托车租赁合同违约的司法审查[j]。PT Adira Dinamika Multifinance, Tbk)
Pub Date : 2022-01-30 DOI: 10.35335/jls.v4i1.1698
Yosphi Kaena
Development in a society is seen in the development of existing institutions in that society, both in the economic, social, cultural and political fields. In line with the increasing number of National Development activities, the participation of the private sector in the implementation of development will also be increased. This situation, either directly or indirectly, will demand more active activities in the financing sector. Various efforts to raise public funds have been made through the establishment of government policies. Business expansion requires financing of funds, apart from the banking system and non-bank financial institutions that are known, there are other alternative financing systems, namely: "leasing. Basically the agreement that has been made applies as a law for the parties as stated in article 1338 of the Civil Code. However, in reality, it is not uncommon for the parties to carry out the agreement that has been made, which is known as "default". Such is the case in the leasing agreement. The occurrence of congestion in the payment system, violations of the provisions in the leasing contract such as sub-leasing, pledging goods that are the object of the lease or selling the goods with the aim of breaking away from rental payments are examples of forms of default committed by the lessee. This is what ultimately causes execution by the lessor of the leasing object.
一个社会的发展体现在该社会现有体制的发展中,包括在经济、社会、文化和政治领域。随着国家发展活动的增加,私营部门也将更多地参与发展的执行工作。这种情况将直接或间接地要求在融资部门进行更积极的活动。通过制定政府政策,为筹集公共资金作出了各种努力。业务扩张需要资金的融资,除了已知的银行体系和非银行金融机构外,还有其他可供选择的融资体系,即:“租赁”。根据民法典第1338条的规定,基本上已经达成的协议作为法律适用于当事人。然而,在现实中,当事人不履行已经达成的协议的情况并不少见,这就是所谓的“违约”。租赁协议就是这样。支付系统出现拥堵、违反租赁合同约定,如转租、将租赁标的货物质押、以逃避租金支付为目的出售货物等,都是承租人违约的表现形式。这是最终导致出租人履行租赁标的的原因。
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引用次数: 0
Overview Of Criminology And Criminal Law Concerning The Criminal Act Of Abuse Performed By Parents Against This Bird Children (Study Of The Decision Of The State Court Tulung Agung Number 179/Pid.Sus/2012/PN. Ta) 关于父母对这只鸟的孩子实施虐待犯罪行为的犯罪学和刑法概述(研究国家法院判决第179号/Pid.Sus/2012/PN)。Ta)
Pub Date : 2022-01-30 DOI: 10.35335/jls.v4i1.1693
Maya Etrisna Mendrofa
The Indonesian nation is known as a nation that loves children. Turns out this is just a myth. Many cases of physical violence or cases of child abuse in their own families are not taken seriously by law enforcement. This situation causes the dark number to be high because it is not reported. Though the impact of the perpetrator tends to damage the mental even the victim is mentally retarded. This is certainly the main idea and responsibility of the government and society as observers of the nation's children who are the next generation of the nation's ideals. Why abuse among children is increasing, how does our positive law issue policies to deal with cases of violence experienced by children, and what other efforts can be taken to overcome violence experienced by children into the formulation of the problem of this thesis. The approach method used in this research is normative juridical, which is a deductive research that begins with an analysis of the articles in the laws and regulations governing thesis problems. Normative nature means legal research that aims to obtain normative knowledge about the relationship between one regulation and another and its application in practice (decision study). The factors that cause the occurrence of criminal acts of abuse or violence against children by their own parents are classified into two parts, namely internal factors and external factors. In dealing with cases of abuse experienced by children, it consists of criminal law policies such as the application of criminal sanctions and the application of legal protection for children. In addition, in tackling the crime of child abuse, there are several efforts that can be taken, namely preventive efforts, repressive efforts and reformative efforts.
印度尼西亚是一个以爱孩子著称的民族。事实证明这只是一个神话。执法部门没有认真对待许多家庭中发生的身体暴力或虐待儿童的案件。这种情况导致黑暗数字很高,因为它没有被报告。虽然犯罪者的影响往往会损害精神,即使受害者是智障。这当然是政府和社会作为国家孩子的观察者的主要想法和责任,他们是国家理想的下一代。为什么儿童中的虐待正在增加,我们的实在法问题政策如何处理儿童遭受的暴力案件,以及可以采取哪些其他努力来克服儿童遭受的暴力,这些都是本文问题的形成。本研究使用的研究方法是规范法学,这是一种演绎研究,从分析管理论文问题的法律法规中的条款开始。规范性是指旨在获得关于一项法规与另一项法规之间的关系及其在实践中的应用的规范性知识的法律研究(决策研究)。导致父母对儿童实施虐待或暴力犯罪行为发生的因素分为两部分,即内部因素和外部因素。在处理儿童遭受虐待的案件时,它包括刑法政策,例如适用刑事制裁和适用对儿童的法律保护。此外,在处理虐待儿童罪行方面,可以采取几项努力,即预防努力、压制努力和改革努力。
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引用次数: 0
Coordination System Between Financial Services Authorities And Deposit Guarantee Insittutions In Handling Failed Banks Based On Law Number 21 Year 2011 Concerning Financial Services Authorities 基于2011年第21号法律的金融监管机构与存款担保机构处理倒闭银行的协调体系
Pub Date : 2022-01-30 DOI: 10.35335/jls.v4i1.1691
King Richter Sinaga
The occurrence of the monetary crisis in 1997-1998 has become a very valuable lesson for the Indonesian people, especially for the government. The crisis resulted in reduced public confidence in existing banks. In order to restore public confidence in banking, the government established a government guarantee called a blanket guarantee. As the times progressed, the government guarantee was no longer effective, and then the Deposit Insurance Corporation was formed. The LPS' task is to carry out deposit insurance and actively participate in maintaining banking stability. In addition, IDIC is also tasked with handling failed banks, both with systemic and non-systemic impacts. The Financial Services Authority was established by law, namely Law Number 21 of 2011 concerning the Financial Services Authority. OJK is an institution that is independent and free from interference from other parties, which has the functions, duties and authority to regulate supervision, examination and investigation. OJK's independence will be fully effective if there is Good Corporate Governance in the financial and banking world. Because the implementation of the Good Corporate Governance system has consistently been proven to improve quality and can also become an obstacle to performance engineering activities which result in financial statements not reflecting the company's fundamental values. LPS and OJK cooperate in handling failed banks. In terms of handling failed banks, Bank Indonesia also plays a role in assisting LPS and OJK. IDIC will rescue systemic and non-systemic failed banks. For failed banks that are not systemic, the rescue does not include the old shareholders. This means that all costs incurred for the rescue will be provided by the IDIC.
1997-1998年货币危机的发生给印尼人民,特别是政府上了非常宝贵的一课。这场危机导致公众对现有银行的信心下降。为了恢复公众对银行业的信心,政府建立了一种被称为“一揽子担保”的政府担保。随着时代的发展,政府担保不再有效,于是成立了存款保险公司。LPS的任务是开展存款保险,积极参与维护银行稳定。此外,IDIC还负责处理破产银行,既有系统性影响,也有非系统性影响。金融服务管理局是根据法律成立的,即2011年关于金融服务管理局的第21号法律。OJK是一个独立的、不受其他各方干涉的机构,具有监管、审查和调查的职能、职责和权力。如果金融和银行业有良好的公司治理,OJK的独立性将完全有效。因为良好公司治理体系的实施一直被证明可以提高质量,但也可能成为绩效工程活动的障碍,从而导致财务报表不能反映公司的基本价值观。LPS和OJK合作处理破产银行。在处理倒闭银行方面,印尼银行也在协助LPS和OJK方面发挥作用。美国国际保险公司将救助系统性和非系统性破产银行。对于非系统性的破产银行,救助不包括老股东。这意味着救助的所有费用将由IDIC提供。
{"title":"Coordination System Between Financial Services Authorities And Deposit Guarantee Insittutions In Handling Failed Banks Based On Law Number 21 Year 2011 Concerning Financial Services Authorities","authors":"King Richter Sinaga","doi":"10.35335/jls.v4i1.1691","DOIUrl":"https://doi.org/10.35335/jls.v4i1.1691","url":null,"abstract":"The occurrence of the monetary crisis in 1997-1998 has become a very valuable lesson for the Indonesian people, especially for the government. The crisis resulted in reduced public confidence in existing banks. In order to restore public confidence in banking, the government established a government guarantee called a blanket guarantee. As the times progressed, the government guarantee was no longer effective, and then the Deposit Insurance Corporation was formed. The LPS' task is to carry out deposit insurance and actively participate in maintaining banking stability. In addition, IDIC is also tasked with handling failed banks, both with systemic and non-systemic impacts. The Financial Services Authority was established by law, namely Law Number 21 of 2011 concerning the Financial Services Authority. OJK is an institution that is independent and free from interference from other parties, which has the functions, duties and authority to regulate supervision, examination and investigation. OJK's independence will be fully effective if there is Good Corporate Governance in the financial and banking world. Because the implementation of the Good Corporate Governance system has consistently been proven to improve quality and can also become an obstacle to performance engineering activities which result in financial statements not reflecting the company's fundamental values. LPS and OJK cooperate in handling failed banks. In terms of handling failed banks, Bank Indonesia also plays a role in assisting LPS and OJK. IDIC will rescue systemic and non-systemic failed banks. For failed banks that are not systemic, the rescue does not include the old shareholders. This means that all costs incurred for the rescue will be provided by the IDIC.","PeriodicalId":89014,"journal":{"name":"Stanford journal of law, science & policy","volume":"16 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87596949","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Juridical Review Of The Granting Of Remissions To Prisoners Of Criminal Acts Of Corruption 贪污罪罪犯赦免的司法审查
Pub Date : 2021-10-30 DOI: 10.35335/jls.v3i4.1683
Rizki Karina Azilia
Corruption has occurred systematically and widely, causing state financial losses, as well as violating the social and economic rights of the community at large. The most common punishment imposed on perpetrators of corruption is imprisonment. Law Number 12 of 1999 concerning Corrections states that one of the rights of prisoners is to obtain a reduction in their criminal period or remission, not least for prisoners who are perpetrators of corruption. The government has issued Government Regulation Number 28 of 2006 concerning the Terms and Procedures for the Implementation of the Rights of Correctional Inmates. Convicts of criminal acts of corruption can be given remission if they meet the requirements of good behavior and have served 1/3 (one third) of their criminal period. The study was conducted to find out the things that became the basis for granting remissions to prisoners, including convicts who were perpetrators of criminal acts of corruption and to find out how the legal arrangements for granting remissions to prisoners who were perpetrators of corruption in positive law in Indonesia. The type of research is normative juridical research. The data was collected through a literature study, and the data obtained were processed using qualitative data processing methods. This qualitative analysis is then linked to relevant problems and theories so that the data obtained are descriptive. The results of the analysis show that the correctional system seeks to realize the social reintegration of prisoners in prison, therefore the basis for granting remissions to prisoners is to motivate prisoners to behave well and accelerate prisoners who are well behaved so that they can be released and return to society before the actual date of freedom. The legal rules for granting remissions to convicts who commit corruption crimes are Government Regulation Number 28 of 2006, but have not been equipped with implementing regulations. The government should immediately provide clarity to this regulation by issuing implementing regulations so as to provide legal certainty for the Directorate General of Corrections.
腐败现象有系统地、广泛地发生,不仅给国家造成财政损失,而且侵犯了整个社会的社会和经济权利。对腐败犯罪者最常见的惩罚是监禁。1999年关于惩戒的第12号法律规定,囚犯的权利之一是获得减刑或减刑,尤其是对犯有腐败罪行的囚犯而言。政府颁布了《2006年第28号政府条例》,内容涉及惩教囚犯权利的实施条件和程序。贪污罪罪犯符合品行良好条件,服满刑期三分之一的,可以减刑。进行这项研究的目的是找出成为赦免囚犯(包括犯有腐败犯罪行为的囚犯)的基础的事情,并找出印度尼西亚实在法中赦免犯有腐败罪行的囚犯的法律安排。研究的类型是规范的法律研究。通过文献研究法收集数据,对得到的数据采用定性数据处理方法进行处理。然后将这种定性分析与相关问题和理论联系起来,以便获得描述性的数据。分析结果表明,惩教制度的目的是实现服刑人员在监狱中的社会重新融入,因此,给予服刑人员减刑的依据是激励服刑人员表现良好,加快表现良好的服刑人员的释放,使其在实际自由日期之前重返社会。对犯有腐败罪的罪犯给予赦免的法律规定是2006年第28号政府条例,但尚未制定实施细则。政府应立即通过颁布实施条例来明确这一规定,以便为惩教总局提供法律确定性。
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引用次数: 0
The Role Of The Medan Police In Law Enforcement Of Criminal Acts Of Narcotics 棉兰警察在毒品犯罪执法中的作用
Pub Date : 2021-10-30 DOI: 10.35335/jls.v3i4.1689
Marwansyah Laila
Narcotics are needed by humans for treatment so that to meet the needs in the field of medicine and scientific studies, a continuous production of narcotics is needed for these sufferers. On the basis of considering Law Number 35 of 2009 concerning Narcotics, it is stated that narcotics on the one hand are drugs or materials that are useful in the field of treatment or health services and the development of science and on the other hand can also cause dependence which is very detrimental if misused or used without strict control and supervision. The problem in this research is how to tackle and eradicate narcotics crime? What are the efforts of the Medan Police in overcoming and eradicating narcotics crimes? What are the Obstacles in the Countermeasures and Eradication of Narcotics Crimes at the Medan Police? This research is descriptive in nature, which aims to describe exactly what the characteristics of an individual, condition, symptom, or group are, or to determine the spread of a symptom, or to determine whether there is a relationship between a symptom and other symptoms in society. Efforts to overcome and eradicate narcotics crimes within the jurisdiction of the Medan City Police are carried out through non-penal policies and penal policies. Non-penal policies are carried out through preventive and preemptive measures which are implemented through counseling, narcotics safaris, distribution of pamphlets and billboards as well as approaches to traditional and religious leaders as well as community development. This approach was carried out by the Medan City Police Resort in collaboration with BNN and experts through the perspectives of cultural anthropology, sociology, communication, psychology, healthy life education (public health science). The non-penal policy is aimed at children (including school-age youth) and the general public. Penal policies through law enforcement are also applied to police officers who make mistakes in disclosing narcotics cases. Obstacles in overcoming and eradicating narcotics crime in the jurisdiction of the Medan City Police Resort can be viewed from legal factors, law enforcement factors, facilities and facilities in law enforcement, community factors and cultural factors. In general, Law Number 35 of 2009 concerning Narcotics is more comprehensive in regulating the actions that can be taken to uncover narcotics networks. factors of facilities and facilities in law enforcement, community factors and cultural factors. In general, Law Number 35 of 2009 concerning Narcotics is more comprehensive in regulating the actions that can be taken to uncover narcotics networks. factors of facilities and facilities in law enforcement, community factors and cultural factors. In general, Law Number 35 of 2009 concerning Narcotics is more comprehensive in regulating the actions that can be taken to uncover narcotics networks.
人类需要麻醉品进行治疗,因此为了满足医学和科学研究领域的需要,需要为这些患者持续生产麻醉品。根据2009年关于麻醉品的第35号法律,缔约国指出,麻醉品一方面是在治疗或保健服务以及科学发展领域有用的药物或材料,另一方面也可能导致依赖,如果滥用或使用不受严格控制和监督,这种依赖是非常有害的。本研究的问题是如何打击和根除毒品犯罪?棉兰警方在克服和根除毒品犯罪方面做了哪些努力?棉兰警方禁毒犯罪对策与根除存在哪些障碍?这种研究本质上是描述性的,其目的是准确地描述一个个体、条件、症状或群体的特征是什么,或者确定一种症状的传播,或者确定一种症状与社会中其他症状之间是否存在关系。在棉兰市警察的管辖范围内,通过非刑事政策和刑事政策努力克服和根除毒品犯罪。非刑罚政策是通过预防性和先发制人的措施来执行的,这些措施包括咨询、麻醉品旅行、散发小册子和布告牌、接触传统和宗教领袖以及社区发展。这一方法是由棉兰市警察度假村与BNN和专家合作,通过文化人类学、社会学、传播学、心理学、健康生活教育(公共卫生科学)等角度实施的。非刑罚政策的对象是儿童(包括学龄青年)和一般公众。执法的刑事政策也适用于在披露毒品案件时犯错误的警务人员。棉兰市警察度假区辖区内克服和根除毒品犯罪的障碍可以从法律因素、执法因素、执法设施和设施、社区因素和文化因素等方面来看待。总的来说,2009年关于麻醉品的第35号法律更全面地规范了可以采取的行动,以揭露毒品网络。执法设施因素、社区因素和文化因素。总的来说,2009年关于麻醉品的第35号法律更全面地规范了可以采取的行动,以揭露毒品网络。执法设施因素、社区因素和文化因素。总的来说,2009年关于麻醉品的第35号法律更全面地规范了可以采取的行动,以揭露毒品网络。
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引用次数: 2
Jurisdiction Regarding The Objective Rights Of Buyer Asset-Backed Securities In Secondary Housing Financing 论住房二次融资中买方资产支持证券客观权利的管辖
Pub Date : 2021-10-30 DOI: 10.35335/jls.v3i4.1690
Junitin Sinar Humombang N
Secondary housing financing is a facility that makes it easier for banks to liquidate their less liquid financial assets in the form of receivables arising from the distribution of Home Ownership Loans (KPR). This needs to be done to avoid mismatch funding. The title of this research is “Juridic Review On The Objective Rights Of The Buyer Of Asset-Backed Securities In Secondary Housing Financing”. The research was conducted to find out what are the material rights of asset-backed securities holders in housing secondary financing, how is the transition mechanism, what is the legal protection for asset-backed securities holders and whether national laws need to be adjusted to the concept of secondary housing finance. As for this writing, it can be concluded that the material rights attached to asset-backed securities in housing secondary financing owned by the buyer/holder of asset-backed securities include the right to receive payments, the right to transfer ownership of the asset-backed securities, the right to charge or make asset-backed securities as collateral for the settlement of debts from asset-backed securities holders, the right to obtain settlement of receivables due to mortgage rights on houses and land used as collateral for mortgages (KPR), the right to obtain disclosure of material facts, the right to obtain interest (for asset-backed securities that are debt), the right to Get Settlement of Receivables from the Issuer's Assets. Apart from that, it can also be concluded that the mechanism for the transfer of rights to the issuance of asset-backed securities in secondary housing financing generally consists of 4 phases, namely, among others, the emergence of receivables (receivables) through the distribution of housing loans, sales of receivables by original creditors to third parties. issuer, transfer of material rights in the form of receivables to investors with the issuance of asset-backed securities, transfer of asset-backed securities between one investor to another. Regarding legal protection for buyers/holders of asset-backed securities, it can be concluded that legal protection for buyers/holders of asset-backed securities in secondary mortgage financing is broadly divided into two, namely preventive legal protection and repressive legal protection. Preventive legal protection for holders of asset-backed securities in secondary housing financing lies in implementing the disclosure principle in capital market law, especially in secondary housing financing. Meanwhile, repressive legal protection for asset-backed securities holders consists of 2, namely, legal protection against unlawful acts and legal protection against default acts, both of which must go through a judicial process and cannot be carried out individually but can only be implemented by investment managers in If the asset-backed securities are in the form of securities (equity security)/unit of participation, while if the securities are debt security, the legal a
二级住房融资是一种便利,使银行更容易以分配住房自有贷款(KPR)产生的应收账款的形式清算流动性较差的金融资产。这样做是为了避免错配融资。本研究的题目是“住房二次融资中资产支持证券购买者客观权利的司法评析”。本文主要研究了资产支持证券持有人在住房二次融资中的实质性权利是什么,过渡机制如何,对资产支持证券持有人的法律保护是什么,以及国家法律是否需要调整以适应住房二次融资的概念。通过本文可以得出,资产支持证券买方/持有人在住房二次融资中所拥有的资产支持证券所附带的重大权利包括:接受付款的权利、转让资产支持证券所有权的权利、向资产支持证券持有人收取或收取资产支持证券作为清偿债务抵押品的权利;对作为抵押抵押品的房屋和土地的抵押权获得应收账款结算的权利,获得重大事实披露的权利,获得利息(对于债务的资产支持证券)的权利,从发行人的资产中获得应收账款结算的权利。除此之外,还可以得出,住房二次融资中资产支持证券发行权的转移机制一般包括4个阶段,即通过住房贷款的分配产生应收款(应收款)、原债权人将应收款出售给第三方。发行人,通过发行资产支持证券向投资者转让应收款形式的重大权利,在投资者之间转让资产支持证券。关于对资产支持证券购买者/持有人的法律保护,可以得出结论,对资产支持证券二次抵押融资中购买者/持有人的法律保护大致分为预防性法律保护和抑制性法律保护两种。资产支持证券持有人在住房二次融资中的预防性法律保护在于落实资本市场法中的披露原则,特别是在住房二次融资中。同时,对资产支持证券持有人的压制性法律保护包括2项,即对违法行为的法律保护和对违约行为的法律保护,这两项法律保护都必须经过司法程序,不能单独实施,只能由投资管理人实施。如果资产支持证券的形式是证券(股权证券)/参与单位,而如果证券是债务证券,法律诉讼必须通过受托人进行。
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引用次数: 0
Juridical Review Consumer Legal Against Labeling Of Food Products Based On Law No. 8 Year 1999 1999年第8号法消费者反对食品标签法的司法评论
Pub Date : 2021-10-30 DOI: 10.35335/jls.v3i4.1684
Martina Lestari Ritonga
Consumer protection is in line with the development of the world economy. The rapid development of the world economy, especially in the trade sector, produces various types and variations of each type of goods and/or services that can be consumed. For consumers, information about goods and/or services is a basic need, before they use sources of funds to conduct consumer transactions with these goods and/or services. The right to correct information is one of the rights of consumers as regulated in Article 4 of Law no. 8 of 1999 concerning Consumer Protection. One source of the correct information is the label. In article 1 paragraph (3) of PP no. 69 of 1999 concerning Food Labels and Advertisements defines that what is meant by Food Labels is "any information regarding food in the form of pictures, writing, a combination of both or other forms that are attached to food, inserted into, affixed to or part of food packaging". From the definition of the label, it is known that the label contains information about the food produced. However, the problem of labeling, especially regarding food labels, has received less attention from consumers and business actors. Information that is not true and misleads consumers results in losses to consumers which ultimately results in legal consequences for business actors in taking responsibility for them. The type of research used in this research is normative legal research, which is a study that places norms as the object of research in this case is Law no. 8 of 1999. The type of approach used in this research is descriptive analytical approach, namely research based on one or two interrelated variables based on general theories/concepts that are applied to explain a set of data or show comparisons or relationships. Data collection is done by researching library materials (Library Research). Legal data analysis in this paper uses qualitative data. From the results of this research, it can be concluded that the provisions for labeling food products meet the principles of consumer protection and violations of food product labeling by business actors can be subject to civil, criminal and administrative responsibility.
保护消费者是符合世界经济发展的。世界经济的迅速发展,特别是在贸易部门,产生了各种类型和变化的每一种类型的商品和/或服务,可以消费。对于消费者来说,在他们使用资金来源与这些商品和/或服务进行消费交易之前,有关商品和/或服务的信息是一项基本需求。更正信息权是《中华人民共和国消费者保护法》第4条规定的消费者权利之一。关于消费者保护的1999年第8号法令。标签是正确信息的一个来源。在PP第1条第(3)款中。《1999年食品标签和广告条例》第69号关于食品标签和广告的规定将食品标签定义为“任何以图片、文字、两者的组合或其他形式附在食品上、插入、贴在食品包装上或食品包装的一部分的有关食品的信息”。根据标签的定义,我们知道标签包含了所生产食品的信息。然而,标签问题,特别是关于食品标签的问题,很少受到消费者和商业行为者的关注。不真实和误导消费者的信息会给消费者带来损失,最终导致商业行为者承担法律责任。本研究中使用的研究类型是规范法律研究,这是一种将规范作为研究对象的研究。1999年第8号。本研究中使用的方法类型是描述性分析方法,即基于一个或两个相互关联的变量的研究,这些变量基于一般理论/概念,用于解释一组数据或显示比较或关系。数据收集是通过研究图书馆资料完成的(图书馆研究)。本文的法律数据分析采用定性数据。从本研究的结果可以得出结论,食品标识的规定符合保护消费者的原则,商业行为者违反食品标识的行为可以承担民事、刑事和行政责任。
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引用次数: 0
Aspect Of Consumer Protection Against Circulation Of Hard Drug In The Market (Study At BPOM Medan) 防止烈性毒品在市场流通的消费者保护方面(在BPOM Medan进行的研究)
Pub Date : 2021-10-30 DOI: 10.35335/jls.v3i4.1682
N. Munthe
Consumer protection is a matter of human interest, therefore it is a hope for nations in the world to be realized. Thus the importance of the issue of Consumer Protection in Indonesia, then issued a statutory regulation, namely Law no. 8 of 1999 concerning the Consumer Protection Act (known as UUPK). Especially Consumer Protection in the Health Sector which is something that is really needed by consumers in obtaining drug products circulating in the community, where the circulating drug products have been supervised by an agency that can be responsible for drug control. The Food and Drug Supervisory Agency (BPOM) is an agency appointed by the government in conducting drug control, The problems that will be discussed are first, how is the function of BPOM in Consumer Legal Protection. Second, how is consumer protection against the use of hard drugs. Third, what legal remedies can be taken by consumers as a result of losses in the use of strong drugs. The author obtains data and materials regarding the problems discussed, the author conducts Library Research, namely obtaining materials through reading sources or written materials as data of a scientific theoretical nature or secondary data. The author also conducts empirical research, namely obtaining data directly and conducting studies based on facts that occur in the field. Finally, conclusions were obtained, among others, first, the function of the Supervisory Board Drug and Food (BPOM) is to carry out control and supervision in the field of medicine and food. BPOM became aNon-Departmental Institution (LPND). Second, the role of the government is very necessary, namely by making a policy regarding food (food) which is carried out in an effort to control, supervise, develop and educate consumers and business actors. And invites consumers to think smart in consuming and using drugs, so that they are in accordance with the dose recommended by the doctor so they don't buy in any place. Third, legal remedies that can be taken by consumers are litigation or non-litigation, where non-litigation methods can be through the Dispute Resolution Agency (BPSK).
消费者保护是人类的利益问题,因此是世界各国的希望。由此认识到消费者保护问题在印尼的重要性,于是颁布了一项法定法规,即第2号法律。1999年第8号关于消费者保护法(称为UUPK)。特别是卫生部门的消费者保护,这是消费者在获得在社区流通的药品时真正需要的,在社区中,流通的药品由负责药物控制的机构监督。食品药品监督院(BPOM)是政府指定的药品管理机构,将讨论的问题是,BPOM在消费者法律保护中的作用如何。第二,如何保护消费者不使用硬性毒品。第三,由于使用强效药物造成损失,消费者可以采取哪些法律补救措施。作者就所讨论的问题获取数据和资料,作者进行图书馆研究,即通过阅读资料或书面资料获取资料,作为具有科学理论性质的数据或二手数据。作者还进行了实证研究,即直接获取数据,根据该领域发生的事实进行研究。最后得出结论,其中,首先,药品和食品监管委员会(BPOM)的职能是在药品和食品领域进行控制和监督。BPOM成为非部门机构(lnd)。其次,政府的作用是非常必要的,即通过制定有关食品(食品)的政策来控制、监督、发展和教育消费者和商业行为者。并呼吁消费者在消费和使用药品时要理智思考,按照医生推荐的剂量服用,不去任何地方购买。第三,消费者可以采取的法律救济有诉讼或非诉讼两种,其中非诉讼方式可以通过争议解决机构(Dispute Resolution Agency, BPSK)。
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引用次数: 0
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Stanford journal of law, science & policy
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