File Lawsuits Research Articles

Legal protection for consumers whose certificates are collateralized by the developer

This study analyzes the Consumer Protection law in adequately protecting home buyers at Violet Garden, Bekasi. These consumers are faced with losing their house certificates because they have guaranteed them to a non-pawnbroker bank (Maybank). Finally, the Central Jakarta Commercial Court ruled that the developer was bankrupt because he was unable to pay his debts. The curator invites the buyer to participate in paying off the developer's debt, which amounts to approximately fifty percent of the purchase price. This investigation uses a normative juridical approach, namely a truth-seeking procedure based on the logic of legal studies from a normative point of view. The results of this study are that banks must protect consumer rights and not cause problems that result in material losses experienced by consumers. Consumers can file lawsuits because the parties responsible for this case are PT Bank Rakyat Indonesia Tbk, PT Bank Tabungan Negara Tbk, and PT Nusuno Karya, and the element of tort has been fulfilled. However, currently, there are no regulations that strictly regulate how a house can be sold by a developer so that the state can protect consumers.How to cite item: Mulia, JR., Wahyudi, E., (2022). Legal protection for consumers whose certificates are collateralized by the developer. Jurnal Cakrawala Hukum, 13(3)281-290. doi:10.26905/idjch.v13i3.8389.

CHANGING THE LEGAL STATUS OF ANIMALS: LEGISLATION AND LITIGATION

This paper addresses the issue of the legal status of non-human animals and the possibility of changing it from the status of things or property, to the status of non-things, or better, sentient beings. Key arguments for the change of their status are discussed, including the argument from marginal cases, and the scientific evidence indicating that many animals are sentient beings. Two ways of initiating such changes seem most promising: legislation, i.e. the modification of civil codes, and litigation, i.e. filing lawsuits on behalf of individual animals. It is argued that legislative changes are necessary for moving animals out of the legal category of things and into the category of sentient beings that can bear rights. On the other hand, litigation could bring about a more radical change of the legal status of some animals.

Exposure of Emergency Nurses to Workplace Violence and Their Coping Strategies: A Cross-Sectional Design

IntroductionViolence against nurses working in the emergency department is a serious problem worldwide. MethodsThis descriptive study used a participant questionnaire and was conducted in-person, using semi-structured interviews with 120 emergency nurses (69 female, 51 male) working in the emergency department between September 1 and November 30, 2017. ResultsOverall, 90% of the study participants were exposed to workplace violence at least once while working in the emergency department, and 94.4% experienced verbal abuse, including insults, shouting, threats, and swearing. Most of such workplace violence came from the patients relatives. Most workplace violence incidents occurred during the 4 pm to midnight time slot and in the triage area. The most important perceived reasons for workplace violence were the long waiting period for treatment and care (79.6%) and not being prioritized for treatment (68.5%). The top 3 coping methods used were reporting to the nurse in charge (78.1%), followed by reaching out to the security personnel (72.8%) and filing lawsuits if exposed to physical violence (65.8%). ConclusionsMost emergency nurses had experienced workplace violence. Hospital administration should take more effective security measures, hospitals should provide education and training programs for dealing with workplace violence, and programs to support staff members on encountering workplace violence should be implemented.

Evaluation of Frequency Distribution of Dental Complaints According to the Principles of Observing Professional Ethics in Isfahan City Between 2010 to 2020

Introduction: One of the problems and challenges faced in the field of dentistry can be attributed to filing a lawsuit against the dentist resulting in discontent, consuming time and energy from both parties. This study can be useful for students and dentists because it will enable them to identify cases that lead to filing lawsuits and in turn adhere to the principles of professional ethics when treating and interacting with patients. The purpose of this study was to investigate the relationship between adherence to the principles of professional ethics and frequency of lawsuits in Isfahan city between 2010 to 2020. Materials & Methods: In this Cross-Sectional study, 706 files of lawsuits during 2010-2020 at the Isfahan medical archives of records and the deputy department of treatment were evaluated and the relevant information was extracted. The data were analyzed using descriptive statistics test. Results: A rising trend was observed in the rate of lawsuits. The most common reason for the lawsuits was related to not having the knowledge, skill and experience, additional consultations and referrals to other dentists, overbilling and unethical behavior in the workplace. A higher Frequency of lawsuits were associated to male and general dentists. Conclusion: Dental complaints had a rising trend, and the most commonly reported cases were related to not having the knowledge, skill, experience and additional consultation and referrals.

KAPASITAS OTORITAS JASA KEUANGAN (OJK) DALAM PERLINDUNGAN PRODUK INVESTASI TABUNGAN EMAS DI PT. PEGADAIAN SYARIAH DAN KONVENSIONAL

The government appoints the Financial Services Authority to supervise, foster and provide regulations regarding the Capital Market with the regulations in Law Number 21 of 2011 concerning the Financial Services Authority. In this study, the capital market in question is in the form of a limited liability company, namely PT. Pegadaian (Persero). The form of this company's financial services is a pawnshop. The other development in this company is in the form of gold investment. The company's goal is to provide convenience, especially for the lower middle class, to invest in gold by opening a gold savings account. The existence of this program has made other companies file lawsuits related to gold savings investment products. With the protection from OJK providing as a witness and providing an operational license number S-427/NB.11/2016 dated 17/02/2016 regarding the Gold Savings Pegadaian investment product, this program was inaugurated by the government and OJK given by PT. Pawnshop as the manager. The update related to the gold savings investment program was resubmitted and approved by the OJK with a new licensing letter number S-476/NB.111/2019 on 09/11/2019 regarding the approval of PT. Gold Savings Investment Products. Pegadain (Persero). So, PT. Pegadaian obtained a complete patent on the operational license for the gold savings investment product, although there are other companies with the same name as PT. pawnshop. Moreover, the implementation system in PT. Pawnshops differ by other companies that are suing.
 Keywords: OJK Regulation Law Number 21 of 2011, PT. Pegadaian, Gold Saving Investment Product

Competence of the Tax Authority: Structure and Development Issues

This article deals with the structure and features of the development of the competence of the tax authority in modern conditions. It is noted that the competence of the tax authority is, first of all, special i.e., competence in the field of finance because it is a state body specially created to carry out management in the field of finance. However, by exercising special competence, the tax authority manifests itself in two ways. In some cases, it acts in a tax legal relationship on its own behalf and is a state-authorized body. In other cases, it acts in a tax legal relationship on behalf of the state, being its representative. At the same time, the tax authority exercises general competence, which has become very noticeable in the last decade, owing to judicial practice. The general competence of the tax authority is manifested in its powers to file lawsuits arising from tax legal relations, in defense of the civil law interests of public law entities. However, these powers should be considered precisely as part of the general competence of the tax authority, because virtually every state body in its field of activity has such powers (to file claims). The development of the competence of the tax authority today is very noticeable and occurs both by expanding its general competence and translating general competence into special competence.

2021년 중요 보험판례와 그에 대한 분석

Significant judgments were also made in relation to insurance in 2021. The Supreme Court suggested that if a medical opinion is submitted as evidence, it cannot be denied arbitrarily, and if the court wants to infer a causal relationship differently from such a medical opinion, it should make a careful judgment based on other medical and professional data. However, this position is difficult to accept. This is mainly because the attending physician makes the decision, because it is difficult to guarantee the objectivity of the attending physician’s opinion. Another thing that draws attention is whether the civil prescription of 10 years is applied as the prescription for the right to claim the refund of unfair profits when the insurance contract is invalid or whether the prescription of 5 years is applied by analogy with Article 64 of the Commercial Act. Insurance money is paid by the insurer through commercial activities. Therefore, it is correct to think that the five-year prescription applies to expeditious processing of commercial transactions to claim the return of the insurance contract because it is invalid. Claiming the refund of the insurance money paid when the insurance contract is invalid is seeking the return of the benefits themselves made on the basis of the contract, which is a commercial activity. This is because it should be regarded as a case in which there is a need to solve the problem as quickly as possible. The Supreme Court ruled that a 10-year civil prescription applies to the right to claim the return of unfair profits due to illegal dividends. It is difficult to see that there is a great need to quickly confirm the exercise of the right to request the return of unreasonable profits for the purpose of recovering the amount paid due to illegal dividends. Accordingly, it is reasonable as the attitude of the Supreme Court to consider that the right to claim the return of unfair profits due to illegal dividends is subject to Article 162 (1) of the Civil Act and is subject to the civil statute of limitations of 10 years. Another important issue is whether the insurer is allowed to preemptively file a non-obligation lawsuit in the event of a dispute with the insurer as to whether the policyholder has violated the obligation to notify. It can be affirmed that if the strong insurer indiscriminately files a debt non-existence suit, the weak consumer is inferior in intellectual or economic ability, so there is a problem. However, the people’s right to a trial is recognized as a basic right under the Constitution (Article 27 Paragraph 1 of the Korean Constitution). Therefore, it is not permissible to fundamentally prevent the insurer from taking a preemptive action for non-obligation. However, it should be considered permissible to stipulate that financial business operators, such as insurers, are not permitted to file lawsuits again by limiting certain amounts in the relevant special laws, such as the Financial Consumer Protection Act, by recognizing one-sided binding force on the results of dispute mediation. I think it is reasonable to set the standard of 10 million won as the standard. The role of precedents in the field of insurance law is very large. It is necessary to continuously monitor Supreme Court precedents in the future.

Electricity quality problems investigation in networks with a voltage of 0,4 kV

THE PURPOSE. Consider the issues of electricity quality in power supply systems and the results obtained by the authors of the article when monitoring the electrical energy quality in urban electrical networks with a voltage of 0.4 kV. The results of these measurements indicate that at some facilities there are violations of the electricity quality in almost all indicators. Therefore, to ensure proper quality, it is necessary to develop comprehensive measures to maintain power quality indicators within the established limits.METHODS. When solving the problem, methods of comparison and analysis of experimental data were used. RESULTS. We indicate the main problems which inevitably arise when the quality of electrical energy decreases. Present the causes of the electricity low quality. It is shown that in this case there is a violation of the various electrical receivers operation.CONCLUSION. We indicate that earlier investigations of the electrical energy quality mainly considered power supply systems and power receivers of industrial enterprises. We present the examples of poor electricity quality, including in the event of voltage fluctuations. Therefore, when developing measures to maintain the electricity quality within acceptable limits in urban electrical networks, monitoring of electricity quality indicators should be carried out. Only on the basis of its results it is necessary to develop a set of measures to improve the electricity quality. This approach is also expedient because the electricity consumers can potentially order monitoring of the electric energy quality to specialized organizations and, in case of non-compliance with the requirements of GOST 32144-2013, file lawsuits against power supply organizations about violations of the electricity quality with great chances of satisfying them.

Do Lawsuits by ENGOs Improve Environmental Quality? Results from the Field of Air Pollution Policy in Germany

It is generally assumed that in EU Member States the right of recognized environmental organizations (ENGOs) to file lawsuits under the Aarhus Convention contributes not only to a better enforcement of environmental law, but also to an improvement of environmental quality. However, this has not yet been investigated. Hence, this paper examines whether 49 lawsuits that environmental associations filed against air quality plans of German cities between 2011 and 2019 had a positive effect on air quality by reducing NO2 emissions in the respective cities. Using a staggered difference-in-differences regression model, we show that, on average, lawsuits against cities’ clean air plans have a negative effect on NO2 concentration in these cities. In fact, the NO2 concentration in cities sued by ENGOs decreased by about 1.31 to 3.30 µg/m3 relative to their counterfactual level.

China’s Public Interest Environmental Litigation and the U.S. Citizen Suit Model

Abstract China’s economy has boomed as various industries have continued to develop, but this activity has been at the expense of environmental quality and public health that have resulted in severe problems for several decades. In addition to the establishment and adoption of mainstream environmental governance tools, Chinese attorneys and environmental NGO s (ENGO s) have consciously conducted Chinese-style citizen suit experiments since 2010 based on the fruitful private enforcement experience of ENGO s in the United States. These initiatives are known as the environmental public interest litigation (EPIL) mechanism in China. The ENGO EPIL mechanism was officially established in 2015 as a significant legal breakthrough that authorises ENGO s to file lawsuits to complement and improve environmental law enforcement. However, this article argues that the Chinese EPIL provisions include some unnecessarily stringent procedural requirements and lack some of the essential procedures compared with the United States archetype. Chinese ENGO s have not been authorised to take action to ensure that oversight by government agencies in their administrative actions is adequately undertaken. China’s forward-looking ENGO s have struggled to survive and have recently slowed down in their activities. Public participation and private enforcement have also become effectively powerless. Overall, it is argued that the Chinese ENGO EPIL system has created more problems than it has solved. After comparing the theoretical and procedural distinctions between China’s ENGO EPIL and the United States citizen suits in detail, the article presents some recommendations for specific legislation and implementation for the Chinese legislature. These include a comprehensive Environmental Public Interest Relief Law that integrates and compiles various applicable regulatory instruments. The recommendations are intended to assist in systematically realizing and regulating ENGO EPIL actions while at the same time promoting the primary role of the government in environmental administrative enforcement.

Los pueblos indigenas y el juicio de amparo en el Estado de Mexico, 1856-1883

In Mexico, on June 25, 1856, the law on confiscation of civil and religious corporations was issued. This rule established in its article 25 that no corporation, whatever its character, would have the legal capacity to acquire property or manage real estate by itself. However, indigenous peoples continued to file lawsuits with the character of a corporation to acquire and manage real estate; which led to a discussion about whether or not the towns had legal personality. In this sense, the objective of this work is to analyze the amparo trial, as a legal mechanism, used by the peoples to access federal justice and to be able to elucidate territorial rights. At the same time, it seeks to understand the legal position of the authorities of the Supreme Court of Justice on the neighborhood groups and associations that came forward to promote amparo lawsuits. We consider that in the face of the loss of legal personality, the indigenous peoples found in the promotion of amparo lawsuits a way to defend and preserve communal rights, between 1856 and 1883.

The dentist's handbook: Exploring the emerging domain of dental negligence

Medicine is of all the arts the most noble;but, owing to the ignorance of those whopractise it, and of those who, inconsiderately, form a judgment of them,it is at present far behind all the other arts.-HippocratesEvery aspect of human activity is influenced by law and dentistry in this regard is no exception. A dentist while providing oral healthcare to patients has to follow certain standards to avoid any litigation in the name of malpractice. Inadequate knowledge regarding the medicolegal aspects halts the effective delivery of oral health-care services. A dentist is bound by law and ethics while providing treatment to patients. Negligence is a breach of legal duty and care that a dental professional has toward his patients. It is necessary that a patient should be aware of complete information regarding the treatment to avoid any clauses of negligence against the doctor even if there is no contract between them. The two main categories under which health-care malpractice can be challenged in court of law is civil and criminal. The third category lies under the Consumer Protection Act 2019 came into force in 2020 in which patient can file lawsuits against the professional services provided by dentists in consumer courts. Studies conducted to assess the level of awareness among the dental and medical professionals have found that they are ignorant about the laws governing their profession. It is essential for health-care professionals to be aware of such laws which would be beneficial not only to the dental professionals and patients but to the society as a whole. Thus, this review provides an overview of negligence, the determination of negligence and its prevention, liabilities of dental professionals which comprehensively form an integral part of the medicolegal aspect of dental practice.

Some procedural aspects of the introduction of predictive justice in the civil procedure

Today the digitalization of justice is one of the defining development trends in most world legal order. The possibilities of filing lawsuits and petitions in electronic form, electronic mailboxes of lawyers, videoconferencing and online meetings have already firmly become the attributes of modern civil proceedings. This paper is devoted to further prospects for the digitalization of justice, namely, the analysis of the possibilities for the development and use of predictive justice. The paper presents the approach stating that this direction is one of the most suitable for the development of the civil process. Particular emphasis is placed on digitalization and pandemics as factors stimulating the development of predictive justice. It is emphasized that the scientific literature mainly discusses the ethical and philosophical aspects of using the possibilities of predictive justice in judicial proceedings. The authors justify the limits of the use of predictive justice based on the current concept of judicial power.

Protests, the Press, and First Amendment Rights Before and after the ‘Floyd Caselaw’

As protests following the death of George Floyd engulfed the country in the summer of 2020, Americans watched in shock as members of the press were beaten, fired upon, and arrested while covering mass demonstrations. Even as charges against these reporters have largely been dropped, several members of the media have fired back, filing lawsuits asserting their civil rights. The cases that emerged from these protests — what one federal judge termed the “Floyd Caselaw” — all present “a similar tale” about the state of First Amendment rights in America and may signal a broader acceptance of judicially-recognized press rights.

The Impacts of Disclosure and a Proactive Compensation Offer on Chinese Patients' Actions After Medical Errors.

This study aims to obtain evidence of the impacts of error disclosure and the impacts of a proactive compensation offer on Chinese patients' actions after medical errors. A total of 915 responses were collected from a questionnaire survey. Two fictitious cases (entailed moderate and severe harm) that involved error disclosure were described. One of 5 disclosure and compensation types was randomly provided to each participant. The 5 types were combinations of 3 disclosure types (no disclosure, partial disclosure, and full disclosure) and 2 proactive compensation offer categories (no offer and an offer), with the exception of no disclosure but a proactive compensation offer. The respondents were asked about their willingness to take actions if they were the affected patient. The generalized ordinal logit regression model showed that error disclosure did not increase the likelihood of the patients taking action, such as changing physicians, complaining, or filing lawsuits. A proactive compensation offer decreased the patients' willingness to file lawsuits but had no significant influence on the other action choices. In addition, the patients' actions were affected by other factors, such as the severity of the error, age, sex, education level, being religious, prior error experience, and health insurance. We suggest that "disclosure and compensation" programs are developed in China. To ensure their implementation, it is recommended that appropriate training is provided and that the disclosure culture in health care organizations is improved. Furthermore, laws or regulations are required that govern error disclosure and provide support for health care professionals and organizations.

Municipal Insurance Pools and Disenfranchisement in Indian Country

ObjectiveOur objective is to establish the impact of a litigation pattern used by defendants in voting rights cases in Indian Country which relies on municipal insurance pools and the barring of fee recovery.MethodsWe use history and case studies from four states to demonstrate the argument.ResultsCourt is the only option for challenging disenfranchisement of voters, but cases require financial resources often unavailable to Native American plaintiffs. Defendants, typically state and local governments, do not face similar resource constraints as they participate in municipal insurance pools. Defendants, therefore, attempt to raise litigation costs to pressure plaintiffs to dispose of cases. If defendants think they will lose, they settle, preventing plaintiffs from recovering litigation costs or setting a precedent. This form of voting rights infringement discourages others from filing lawsuits as the financial impact can be devastating.ConclusionWe conclude that the states provide a new arena to litigate voting rights cases.

Ten Years of FDA Tobacco Regulation: Lessons for Public Health Stakeholders

In the 10 years that the U.S. Food and Drug Administration (FDA) has been regulating tobacco products, the agency has been plagued with setbacks, some of its own making, and some the result of outside forces. What has been consistently true is that the public health community has not had as much of a voice as it should have until public health groups began filing lawsuits against the FDA. This article examines four areas of FDA regulation over the last decade in an attempt to qualitatively describe the work of the Center for Tobacco Products and identify opportunities for public health groups to have greater advocacy success in the future.

Electronic document management and electronic cases in Russian arbitration courts: advantages and development prospects

An analysis of the activities of arbitration courts demonstrates the effectiveness of the implementation of electronic justice in Russia, which ensures the promptness of procedural actions by the parties to the dispute. Statistics show a constant increase in the number of lawsuits filed with the courts. The current procedural legislation provides for the possibility of filing a lawsuit in court in an electronic form. Meanwhile the bulk of appeals is carried out in the usual manner in a paper form, which entails certain problems, for example, an increase in the workload on the staff of the court apparatus, the need to form court cases in a paper form, and difficulties in storage.The author proposes to establish in the law a rule providing for filing a claim in an electronic form - as the main method, and going to court by filing in a standard paper form as an exception. The implementation of this proposal will make it possible to switch to the formation of completely electronic court cases, which fully meets modern requirements. At the same time the author points to the possibility of endowing multifunctional centers for the provision of state and municipal services with the right to file lawsuits and other documents to the courts in an electronic form. This will shorten the time for consideration of cases, as well as reduce the costs of both the courts and the participants in the trial.

Legal aspects of judicial protection of citizens’ rights and public interests in the field of environmental protection in the people’s Republic of China

This article examines the judicial procedure for protecting the rights of citizens and public interests in the field of environmental protection in the People's Republic of China. The author analyzed the regulatory legal acts of China that regulate the activities of specialized courts for environmental protection. In the course of the research, the features of the creation of such courts are revealed, as well as the analysis of judicial practice on the consideration of disputes in the field of environmental protection is presented. Besides, it is established that only public organizations and prosecutor's offices are authorized to file lawsuits in the specialized courts for environmental protection in defense of public interests in the field of environmental protection. At the same time, the current legislation does not provide for citizens to apply to them, since everyone's environmental rights are generally protected by applying to the people's courts of the People's Republic of China. As a result of the research, the author came to the conclusion that the reform of environmental justice in China continues in the direction of legal regulation of the activities of specialized courts for environmental protection. At the same time, the chinese experience of protecting public interests in the field of environmental protection by public organizations or prosecutor's offices in environmental courts allows us to note an improvement in the quality of justice and progress in the consideration of this category of cases, since decisions are made by judges with special knowledge in this area. While the current legislation of China does not establish the specifics of protecting environmental rights by citizens in a General manner by applying to the people's courts of the People's Republic of China.

Institutional Clashes Beyond the Judicialization of Health: Overlapping Powers in the Case of the Cancer Pill

The 1988 Brazilian Federal Constitution institutes the promotion of “universal and equal access” to health care for Brazilian citizens. In this article, we will focus on the use and distribution of medicines as one of the national health system components. The organization responsible for standardizing and regulating the production and consumption of products and services is ANVISA – National Health Surveillance Agency, which works like the FDA (Federal Drug Administration). A unique episode took place in 2015 when a “popular uprising” began to take shape in Brazil around an issue regulated by ANVISA. Cancer patients had started to file lawsuits calling for access and permission to use a drug not authorized by this agency and which, according to the askers, supposedly would cure their disease. This drug is named phosphoethanolamine (popular name, cancer pill). Apart from the efficacy or otherwise of the drug in question, it might be interesting to organizational studies why a government organization may miss legitimation to exercise its legal role due to popular pressure, which strongly diverges from court decisions, especially involving power and legal interpretation. We approach theoretical possibilities about judicialization of health discussing triggers of institutional and social conflicts (a) by surveying studies that deal with judicialization calling for supply or release of medication (b) possible connections already established in the academy with the so-called cancer pill and, finally, (c) relating such situations to the concept of institutional void.