PERLINDUNGAN HUKUM TERHADAP INDIKASI GEOGRAFIS SEBAGAI CIRI SUATU PRODUK DI TINJAU DARI UNDANG-UNDANG NOMOR 15 TAHUN 2001 TENTANG MEREK

The purpose of this legal writing are know the legal protection of geographical Indications as product characteristic in Indonesia that is observed from constitution number 15th, 2001 about trademark, so we will know the important of geographical indication registration for legal protection toward geographical indication, superabundance and destitute is registered or not the geographical indication , and we will also know the factors cause, why the government not release government regulation about the way of geographical indication registration yet. Beside that to know execution measure of the constitutions about trademark article 56 paragraph (9), constitution number 15th, 2001, about the way of geographical indication registration, so the legal protection of geographical indication product in Indonesia can be done.\ud The methods that used by writer for this legal writing is yuridis normative method with statute approach. The law material that used by writer for this legal writing are constitution number 15th, 2001 about trademark, and also the previous constitution about trademark are constitution number 14th, 1997 and constitution number 19th, 1992. Beside that, writer also using writing that flatten theories and specialist opinions, and also the research result report that take in.\ud From that problem, about the legal protection of geographical indication as product characteristic that is observed from constitution number 15th, 2001 about trademark, after analyzed by interpret all of the legal material, the result is; the rule about geographical indication in constitution number 15th, 2001 about trademark is cant be used as principle within to offer the legal protection of geographical indication product in Indonesia. It cause in that constitution about trademark article 56 paragraph (9) is mention that the rule about the way of geographical indication registration are regulated continuation by the government regulation, meanwhile, that government regulation is affect finished yet until now.\ud Without the government regulation about the way of geographical indication registration, a lot of geographical indication products in Indonesia is can be registered yet. However, that registration is very important for the legal protection of the geographical indication product. With this registration, the geographical indication product could be accept the legal protection according to clear and decided. Without this registration, it will cause the geographical indication product is could not be accept the legal protection, so it is not close the probably, the geographical indication product is take advantaged by persons who haven’t right

Disappearing Legal Black Holes and Converging Domains: Changing Individual Rights Protection in National Security and Foreign Affairs

This Essay attempts to describe what is distinctive about the way the protection of individual rights in the areas of national security and foreign affairs has been occurring in recent decades. Historically, the right to protection under the U.S. Constitution and courts has been sharply limited by categorical distinctions based on geography, war, and, to some extent, citizenship. These categorical rules carved out domains where the courts and Constitution provided protections and those where they did not. The institutional design and operating rules of the national security state tracked these formal, categorical rules about the boundaries of protection. There have been many “legal black holes” historically, domains where legal protections did not exist for certain people. Foreign affairs and national security have historically been areas defined by their legal black holes. In recent years, legal black holes are disappearing, and previously distinct domains are converging. The importance of U.S. citizenship to protection under the Constitution and courts is decreasing, formal barriers to legal protection and judicial review based on geography and war are dissolving, and the dissolution of these categorical boundaries is changing the design and operation of the national security state. National security and foreign affairs law is being domesticated and normalized, as rights protections available in ordinary, domestic, peacetime contexts are extended into what were previously legal black holes. The jurisprudence of categorization and boundary-marking is fading away. The core of this Essay identifies, names, and discusses these trends, seeking to give a vocabulary and conceptual and historical coherence to current discussions of individual rights protection in national security and foreign affairs contexts. Secondarily, this Essay suggests some factors that might be driving convergence and closing of legal black holes today. Because most of these potential causal drivers are still exerting their force on the shape of the law, this Essay concludes that the future of national security law will likely see more convergence and fewer black legal holes and then offers several specific predictions

Data protection and the legitimate interest of data controllers: much ado about nothing or the winter of rights?

EU data protection law is in a process of reform to meet the challenges of the modern economy and rapid technological developments. This study analyses the legitimate interest of data controllers as a legal basis for processing personal data under both the current data protection legislation and its proposed reform. The relevant provision expands the scope of lawful processing, but is formulated ambiguously, creating legal uncertainty and loopholes in the law. The new proposed regime does not resolve the problem.Taking a“rights” perspective, the paper aims to show that the provision should be narrowly interpreted in light of the ECJ case law, and to give effect to the Charter of Fundamental Rights; a rephrasing of the norm is desirable. The provision on the legitimate interest of data controllers weakens the legal protection of data subjects

How does Investors' Legal Protection affect Productivity and Growth?

This paper analyzes the implications of investors' legal protection on aggregate productivity and growth. We have two main results. First, that better investors' legal protection can mitigate agency problems between investors and innovators and therefore expand the range of high-tech projects that can be financed by non-bank investors. Second, investors' legal protection shifts investment resources from less productive (medium-tech) to highly productive (high-tech) projects and therefore enhances economic growth. These results stem from two forces. On one hand, private investors' moral hazard problems (in which entrepreneurs shift investors' resources to their own benefit), and on the other hand innovators' risk of project termination by banks due to wrong signals about projects' probability of success. Our results are consistent with recent empirical studies that show a high correlation between legal investors' protection and the structure of the financial system as well as the economic performance at industry and macroeconomic levels.Banks, private investors protection, growth

Disappearing Legal Black Holes and Converging Domains: Changing Individual Rights Protection in National Security and Foreign Affairs

This Essay attempts to describe what is distinctive about the way the protection of individual rights in the areas of national security and foreign affairs has been occurring in recent decades. Historically, the right to protection under the U.S. Constitution and courts has been sharply limited by categorical distinctions based on geography, war, and, to some extent, citizenship. These categorical rules carved out domains where the courts and Constitution provided protections and those where they did not. The institutional design and operating rules of the national security state tracked these formal, categorical rules about the boundaries of protection. There have been many “legal black holes” historically, domains where legal protections did not exist for certain people. Foreign affairs and national security have historically been areas defined by their legal black holes. In recent years, legal black holes are disappearing, and previously distinct domains are converging. The importance of U.S. citizenship to protection under the Constitution and courts is decreasing, formal barriers to legal protection and judicial review based on geography and war are dissolving, and the dissolution of these categorical boundaries is changing the design and operation of the national security state. National security and foreign affairs law is being domesticated and normalized, as rights protections available in ordinary, domestic, peacetime contexts are extended into what were previously legal black holes. The jurisprudence of categorization and boundary-marking is fading away. The core of this Essay identifies, names, and discusses these trends, seeking to give a vocabulary and conceptual and historical coherence to current discussions of individual rights protection in national security and foreign affairs contexts. Secondarily, this Essay suggests some factors that might be driving convergence and closing of legal black holes today. Because most of these potential causal drivers are still exerting their force on the shape of the law, this Essay concludes that the future of national security law will likely see more convergence and fewer black legal holes and then offers several specific predictions

Why Do Governments Sell Privatised Companies Abroad?

This paper provides an empirical analysis of Governments' decisions to sell privatised companies on both international and domestic markets in a sample of 392 privatisations in 42 countries. Political theories of privatisation find strong support in our analyses: market oriented Governments favour domestic investors in the allocation of shares. Furthermore, the need to penetrate foreign markets and to warrant better legal protection to shareholders also appear as relevant. Significant differences emerge in OECD and non-OECD countries. In wealthy economies stock market liquidity favours cross-listing, while in emerging countries Governments resort to cross-list in order to "import" liquidity and to develop domestic stock markets. Legal institutions also play a different role. In OECD countries, weak shareholder protection induces Governments to cross-list, in order to borrow the reputation and best practices of established exchanges. On the other hand, creditors' protection is more relevant in non-OECD countries, where weak legal protection of creditors reduces the scope of bank finance, forcing Governments to look for external finance abroad.http://deepblue.lib.umich.edu/bitstream/2027.42/39677/3/wp293.pd

Technology, privacy and identity: a Hong Kong perspective

This article explores the concepts of privacy and identity in Hong Kong in relation to the law relating to data protection. It first considers the notions of privacy and identity in the light of Hong Kong's socioeconomic situation and recent postcolonial heritage. It then highlights the importance of identity management and considers the distinctions and overlaps between identity management and privacy protection. With this conceptual framework in mind, the article then considers the various laws in Hong Kong pertaining to data protection, with a focus on the aspects relating to identity management. It observes that while there is some legal protection in respect of the data relating to an individual's identity, there are other priorities which may take precedence in determining the extent of identity management under the legal system in Hong Kong. Finally, recommendations are made as to how to improve identity management within the context of data protection in Hong Kong

Legal aspects of Big Data - GDPR

The use of Big Data presents significant legal problems, especially in terms of data protection. The existing legal framework of the European Union based in particular on the Directive no. 46/95/EC and the General Regulation on the Protection of Personal Data provide adequate protection. But for Big Data, a comprehensive and global strategy is needed. The evolution over time was from the right to exclude others to the right to control their own data and, at present, to the rethinking of the right to (digital) identity. The General Data Protection Regulation, "GDPR" (Regulation EU 2016/679) deals with data protection and privacy of persons in the European Union and the European Economic Area. DOI: 10.13140/RG.2.2.29614.4640

TINJAUAN YURIDIS ASAS ITIKAD BAIK DALAM TRANSAKSI ELEKTRONIK SEBAGAI PERLINDUNGAN HUKUM TERHADAP KONSUMEN

The principle of good faith is very important in electronic buying and selling transactions as an effort to protect consumers. This principle is regulated in Article 1338 paragraph (3) of the Civil Code and is considered fundamental in agreements, including electronic buying and selling. With the increase in electronic transactions through social media and e-commerce, consumers often face problems such as dishonest reviews, goods not delivered, or non-conforming goods. Therefore, this research aims to find out whether the principle of good faith has an important role in electronic buying and selling transactions against consumer protection and how legal protection if business actors do not apply the principle of good faith in electronic buying and selling transactions. The research method used in this research is the normative legal method. The problem approach used is the statute approach. The technique of collecting legal materials is done by literature study and document study, then analysed descriptively qualitatively. The results of this study provide insights related to the Electronic Information and Transaction Law (UU ITE) and the Consumer Protection Law (UUPK) regulating the obligation of business actors to provide complete and correct information and prohibiting trade in goods that are not in accordance with what is advertised. As well as legal protection for consumers who are harmed by business actors who do not act in good faith, including preventive and repressive efforts