Legal Framework For Protection Research Articles

Airline Customers Conflict Resolution in The Framework of Legal Protection For Consumers in Indonesia

Aviation related issues include low supervision of airlines in Indonesia, the condition of aircraft that are old and less feasible and high rates of flight accidents. Management negligence and mistakes reach a level that endangers state security. An airline is an organization that provides flight services including cargo to passengers. They provide these services and form cooperation or alliances with other airlines for mutual benefit. However, the relationship between customers and airlines can sometimes lead to ruthless legal battles and violent conflicts. This paper discusses legal protection for airline customers in Indonesia. It seeks to investigate not only the legal arrangments regarding air transportation in Indonesia but mechanism to minimize/prevent disputes between consumers and airlines. Consumer dispute resolution with airlines refers to the Consumer Protection Act and Aviation Law. The research reveals that consumer-airlines conflicts can be resolved outside of the court through several dispute resolution models, including Consumer Dispute Settlement Agency, Non-Governmental Consumer Protection Agency, the Directorate of Consumer Protection agreed by the parties, based on Article 1338 of the Civil Code. This paper also show that it is necessary to make a simple dispute resolution system specifically for airline consumers in the form of an airline consumer dispute resolution assembly or a special arbitration agency.

The Role of the Practice of the Constitutional Court of the Russian Fede­ration in the Development of Constitutionalism

The study conducted a systematic analysis of both the domestic doctrine and the practice of the Constitutional Court of the Russian Federation in the field of development of constitutionalism is carried out. The paper notes that for the constitutionalization of the national legal system, the rules identified by the body of constitutional control, which guide the legislator when adopting a law, become essential. The practice developed by the Constitutional Court contributes to the adoption of a constitutional and balanced decision when checking the compliance of the law with the constitutional provisions. The legal position contained in the decision of the Constitutional Court of the Russian Federation becomes the basis for future legal regulation. It is a guideline in the legislative process and in the activities of all public authorities and local self-government. The methodological basis of the research is the dialectical method of scientific knowledge, as well as logical, historical, systemic methods. Of particular importance were the methods of analysis and synthesis. We applied a functional method to study the main directions for ensuring a reasonable balance of private (individual) and public interests. The study revealed that the legal positions of the Constitutional Court are based on the analysis of universal provisions that characterize the basic constitutional values. The Constitutional Court carries out a broad interpretation of the norms being checked, explaining to the law enforcer that their content is not limited to the literal meaning. In the scientific literature, the potential of the body of constitutional control has been understood in terms of reforming legislation and adjusting law enforcement practice, as well as features of the implementation of functions to ensure the constitutionality of all acts and actions. At the same time, the boundaries of the implementation of constitutional control practice do not allow going beyond the framework of legal protection and protection of the constitution, since in this activity the body of constitutional control is guided only by constitutional norms and determines the constitutionally permissible boundaries for the application of the verified normative legal acts.

Education in Exile: An Indian Experience

The modern global refugee regime has evolved, by and large, into a “non-entree regime”. During the closing years of the twentieth century and the beginning of the twenty-first century, many states have resorted to restrictionism policies, blatantly blocking the entry of refugees and asylum-seekers into their sovereign territory. Contrary to this restrictive and extraterritorial control adopted by most states that are parties to the 1951 UN Convention on Refugees and its 1967 Protocol, India has had a long tradition of hosting refugees/asylum-seekers who had been persecuted in their home states, where their life and living had become almost impossible for sheer survival. Yet, India remains a non-signatory state to the Refugee Convention, and it does not have a scripted refugee protection legal framework. The analysis in this paper shows widely varied response patterns by both Government of India and the UNHCR. The provision of education, in terms of access and quality, constitutes a “crucial” factor in offering the refugees much-needed autonomy and development, which is considered their “core” right in exile. In this regard, UNHCR’s operational wavelength remains bound by India’s strategic interventions. This paper attempts to explore and examine the initiatives taken by both Government of India and UNHCR with reference to discrimination and delegation in a comparative perspective.

Forensic Approach to Optimise Children’s Right to Opinion in Indonesian Courts

Various attempts to accommodate a child's opinion in courts have proven successful, and this participation has been increasingly regarded as integral to children's rights. However, the issue remains problematic, particularly in the Global South countries like Indonesia. This paper examines the legal and regulatory framework of protecting children in Indonesia to comply with children's right to opinion and how this right is implemented. Then, it demonstrates the significant role of forensic science in complementing legal inquiry to consider a child's opinion in court. Using policy-oriented study and doctrinal research with qualitative analysis and, to some extent, a comparative perspective, this paper elaborates on Indonesia's experience in protecting children's right to opinion with legislation in India, particularly dealing with child sexual offences. This study shows that Indonesia's legal and regulatory framework of children protection had not specified to elucidate children's right to an opinion, particularly in the Child Protection Law, the primary legal basis for children protection. Also, Indonesia is yet to have a robust and consistent practice of human rights-based instruments considered in the court, indicated by a lack of comprehensive understanding in law enforcement to implement this right. While the interpretation in law enforcement is essential to be optimised toward child-oriented resolution, taking the child's opinion in court promotes human rights practice in Indonesia. Compared to adults, children are complex, particularly in a case of a child victim of rape-related pregnancy. The forensic approach can be an alternative by involving forensic experts in courts to consider a child's psychology and physical condition.

Dispute Resolution Policy On Leasing Agreements In The Context Of Legal Protection Against Customers

Even if the execution of objects that are the object of fiduciary guarantees can be done by the implementation of fiduciary excutorial. However, the execution carried out by using the services of debt collectors is an act that is beyond the limits of humanity and violates the ethics of the law itself. In addition to the customer is also not good and is a weakness in the status of motor vehicles that experience wansprestasi. So this is the background of the author to raise and become the topic of discussion in writing the thesis with the title of the settlement policy of the case in the leasing agreement in the framework of legal protection of customers. The type of research used is normative legal research that is descriptive analysis, by outlining the data in the form of sentences arranged in a systematic, clear and detailed which is then interpreted to obtain a conclusion will be put forward in the form of a systematic description. As a result of the default of the lessee, the lessor has the right to take back the lease object that is in the power of the lessee. If the collection of these items is not inhibited by the lessee, then there is no problem that will arise. However, problems will arise if the lessee without the right to prevent or inhibit the return of the lessor's property. In this case there are several ways that can be used in resolving disputes arising from both parties, namely : 1) peaceful, 2). District Court. 3) Alternative Dispute Resolution (ADR), there are many alternatives in dispute resolution: a. Arbitration, b. Negotiations, c. Mediation, d. Conciliation, e. The judge, f. Fact-finding.

International legal framework for competition protection

International legal framework for competition protection

A Realistic Approach Towards Attaining Sustainable Environment Through Improved Public Participation in Nigeria

Purpose: The aim of this study is to examine the critical need for effective public participation in Nigeria as a means of enhancing sustainable development and cooperation among Indigenous peoples, as well as to advocate for the removal of legislative, judicial, and administrative barriers to participation in environmental law governance. Theoretical Framework: The existing literature has failed to address the gamut of legal, regulatory, and declarations (particularly Principle 10 of Rio 1992) and administrative frameworks for environmental protection and governance in Nigeria. These appeared to be a farce, hence the refusal to integrate the public and stakeholders’ opinions in environmental management that may conflict with official government policy. Design/Methodology/Approach: The doctrinal method of analysis was adopted. It was based on current materials and drew on contrasting views of learned authors and scholars, as well as various legislative sources. Data was obtained using texts, articles, journals, case law, electronic sources, legislation, and other policy documents. Findings: The results shows how the present legal and regulatory framework for the protection of the environment in Nigeria contradicts the concept of improved public participation. Research, Practical & Social implications: The study suggest the development of an effective legislative framework that incorporates the guiding principles of global public participation initiatives for environmental sustainability. Originality/Value: The value of the study reveals the global significance and the potential of public participation to improve the sustainability of the environment in Nigeria are essential to advancing the status of Principle 10 of the Rio Declaration as an emergent customary international law.

Conflict Resolution in Human Rights Cases: The Role of the Supreme Court of Canada

This paper examines the role of the Supreme Court of Canada (SCC) in resolving human rights conflicts and balancing individual and collective rights. With a multiple control mission, the Court must interpret the Constitution and resolve disputes over competing rights and interests, based on the principle of constitutional democracy. This paper specifically focuses on the SCC’s role in conflict resolution in human rights cases, especially in the complex legal framework of protection existing in Canada. It also addresses how the Court’s rulings may affect the protection of fundamental rights under the Canadian Charter, illustrated by some key examples from the Court’s caselaw. To this end, the first part provides a descriptive overview of the complex fabric of human rights protection in the Canadian constitutional framework. The second part discusses the SCC’s role in protecting human rights within the Canadian legal system. Ultimately, this paper underscores the fundamental role of a Supreme Court in protecting human rights in situations of multiple rights conflicts.

The Necessity of a Global Legal Framework for Protection of Marine Biodiversity in Areas beyond National Jurisdiction

This paper will consider whether the ‘International Legally Binding Instrument under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction’ (BBNJ agreement) could provide the basis for an integrated framework for the conservation and sustainable use of marine biological diversity in the area beyond national jurisdiction, and if in doing so, it could in turn give any impetus to the obligation of States to protect the marine environment stipulated in Article 192 of the United Nations Convention on the Law of the Sea (UNCLOS). To answer this question, Section 2 will briefly explain the gaps in two relevant international treaties for conservation and sustainable use of the marine biological diversity of areas beyond national jurisdiction (ABNJ). Section 3 will clarify the binding character of the BBNJ agreement in comparison to the existing relevant international agreements, such as the 1995 Fish Stocks Agreement and the Part xi Agreement. Section 4 will analyse provisions in area-based management tools and the environment impact assessment stipulated in the BBNJ draft text, to assess their role as an important basis for the conservation and sustainable use of marine biological diversity. Based on these analyses of the BBNJ draft text, Section 5 will then turn to consider the necessary elements that stand to play potentially significant roles as legally-binding tools for the conservation and sustainable use of the marine biological diversity of ABNJ. Three such elements are to be identified, the first being the binding effect of the due diligence obligation imposed by the BBNJ agreement, which could serve as a global tool for the conservation and sustainable use of marine biological diversity. The second element is the means to ensure effective implementation of the BBNJ agreement, wherein the institutional framework would play a decisive role. The third element is the characteristics of the due diligence obligation referred to in the first point. As a further consideration, Section 6 will also specifically examine the due diligence obligation for the protection of marine biological diversity of ABNJ.

Can legitimate interest be an appropriate lawful basis for processing Artificial Intelligence training datasets?

Precision and effectiveness of Artificial Intelligence (AI) models are highly dependent on the availability of genuine, relevant, and representative training data. AI systems tested and validated on poor-quality datasets can produce inaccurate, erroneous, skewed, or harmful outcomes (actions, behaviors, or decisions), with far-reaching effects on individuals' rights and freedoms.Appropriate data governance for AI development poses manifold regulatory challenges, especially regarding personal data protection. An area of concern is compliance with rules for lawful collection and processing of personal data, which implies, inter alia, that using databases for AI design and development should be based on a clear and precise legal ground: the prior consent of the data subject or another specific valid legal basis.Faced with this challenge, the European Union's personal data protection legal framework does not provide a preferred, one-size-fits-all answer, and the best option will depend on the circumstances of each case. Although there is no hierarchy among the different legal bases for data processing, in doubtful cases, consent is generally understood by data controllers as a preferred or default choice for lawful data processing. Notwithstanding this perception, obtaining data subjects' consent is not without drawbacks for AI developers or AI-data controllers, as they must meet (and demonstrate) various requirements for the validity of consent. As a result, data subjects' consent could not be a suitable and realistic option to serve AI development purposes. In view of this, it is necessary to explore the possibility of basing this type of personal data processing on lawful grounds other than the data subject's consent, specifically, the legitimate interest of the data controller or third parties. Given its features, legitimate interests could help to meet the challenge of quality, quantity, and relevance of data curation for AI training.The aim of this article is to provide an initial conceptual approach to support the debate about data governance for AI development in the European Union (EU), as well as in non-EU jurisdictions with European-like data protection laws. Based on the rules set by the EU General Data Protection Regulation (GDPR), this paper starts by referring to the relevance of adequate data curation and processing for designing trustworthy AI systems, followed by a legal analysis and conceptualization of some difficulties data controllers face for lawful processing of personal data. After reflecting on the legal standards for obtaining data subject's valid consent, the paper argues that legitimate interests (if certain criteria are met) may better match the purpose of building AI training datasets.

Access to primary and secondary health care services for people living with diabetes and lower-limb amputation during the COVID-19 pandemic in Lebanon: a qualitative study

BackgroundPeople living with chronic conditions and physical disabilities face many challenges accessing healthcare services. In Lebanon, in 2020, the COVID-19 pandemic and concomitant economic crisis further exacerbated the living conditions of this segment of the population. This study explored the barriers to accessing healthcare services among people living with diabetes and lower-limb amputation during the pandemic.MethodsWe conducted semi-structured, in-depth phone interviews with users of the Physical Rehabilitation Program, offered by the International Committee of the Red Cross. We used a purposive sampling technique to achieve maximum variation. Interviews were audio-recorded, transcribed, translated, and analyzed using thematic analysis following the “codebook” approach. Transcripts were coded and grouped in a matrix that allowed the development of themes and sub-themes inductively and deductively generated.ResultsEight participants (7 males, 1 female) agreed to be interviewed and participated in the study between March and April, 2021. Barriers to healthcare services access were grouped according to five emerging themes: (1) economic barriers, included increasing costs of food, health services and medications, transportation, shortage of medications, and limited income; (2) structural barriers: availability of transportation, physical environment, and service quality and availability; (3) cultural barriers: marginalization due to their physical disabilities; favoritism in service provision; (4) personal barriers: lack of psychosocial support and limited knowledge about services; (5) COVID-19 barriers: fear of getting sick when visiting healthcare facilities, and heightened social isolation due to lockdowns and physical distancing.ConclusionThe underlying economic crisis has worsened the conditions of people living with diabetes and lower-limb amputation. The pandemic has made these individuals more vulnerable to external and contextual factors that cannot be addressed only at an individual level. In the absence of a protective legal framework to mitigate inequalities, we provide recommendations for governments and nongovernmental institutions to develop solutions for more equitable access to healthcare for this segment of the population.

PENGUATAN PERLINDUNGAN HUKUM TERHADAP INVESTOR DALAM PENGEMBANGAN INVESTASI PADA BIDANG PARIWISATA DI KABUPATEN LOMBOK BARAT (KECAMATAN BATULAYAR)

This study aims to find out to what extent or how to strengthen legal protection for investors in the development of investment in the tourism sector in West Lombok Regency by finding out how the legal protection framework is, the protective barrier factors and steps to strengthen the protection taken in order to achieve legal protection. By using normative legal research methods and empirical legal research methods that examine how exactly the exact steps can be taken to optimize legal protection for investors. The results of this study indicate that the problem of legal protection for illegal investors is very complex, which requires a legal protection framework starting from the harmonization of regulations from both the statutory level to the district/city regulation level. Then another thing that was obtained was the number of problems that arose which later became a factor that hindered legal protection for investors, both in terms of investors and other aspects that could cause obstacles to legal protection. Therefore, strengthening steps were taken to resolve problems and legal protection efforts.

“Challenges for improving the legal framework for protection of whistblowers in the Macedonian legislation”

The paper deals with the Macedonian legal framework for the protection of whistleblowers, emphasizing the "weak points" in the implementation of the law and by-laws. A brief overview of the basic features of the Macedonian system for the protection of whistleblowers has been made, especially in the part of types of whistleblowing as well as the forms of protection of whistleblowers. A comparison is made of specific legal solutions with the acts of the European Union and the Council of Europe, and potential solutions for improving the legal framework for the protection of whistleblowers are presented. Reports of relevant institutions are analyzed and the "weak points" in the legal framework are presented through the analysis.     A special aspect is devoted to the protection of whistleblowers in legal entities in the private sector, that is, to the vagueness of legal decisions, the existence of legal gaps and the need for full regulation of specific issues. The improvement of the legal framework for the protection of whistleblowers combined with taking measures to strengthen public awareness are factors for a better practical application of the Macedonian regulation for the protection of whistleblowers. Whistleblowers are one of the strongest anti-corruption instruments, while the effective fight against corruption is a prerequisite for building a legal state, rule of law, respect for human rights, economic prosperity, stability and security.

Legal Protection for unregistered citizen at Healthcare and Social Security Agency (BPJS)

Despite the reality that the JKN program is necessary for all Indonesian residents, there are still individuals who have not enrolled as JKN members. The purpose of this research is to evaluate and explain the application of individual health services and the government's impediments to citizens receiving legal protection under the BPJS health health social security system. The research approach adopted is one of normative legal research. A descriptive legal approach was adopted in the assessment process. According to the findings of this study, the application of individual health services in the framework of legal protection for people who are not enrolled in the BPJS Health social security system is restricted to the supply of health facilities. The state does not offer legal protection in the form of duty for delivering health care, because individuals who are not enrolled as BPJS Health participants will be registered as general patients, requiring them to pay for treatments individually or through private insurance. While the idea of BPJS Health as given in the BPJS Law requires everyone to register for BPJS Health, BPJS Health still has several inadequacies, which causes some individuals to be hesitant and unwilling to register as BPJS Health participants. The government cannot claim that the lack of legal protection in health services is the responsibility of those who do not register as BPJS Health participants, because this is a result or implication of the numerous deficiencies in health services that continue to employ BPJS Health.

Financial Intelligence Units: Reflections on the applicable data protection legal framework

Financial Intelligence Units (FIUs) are key players in the current Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) legal system. FIUs are specialised bodies positioned between private financial institutions and states’ law enforcement authorities, what renders them a crucial middle link in the chain of information exchange between the private and public sectors. Considering that a large share of this information is personal data, its processing must meet the minimum data protection standards. Yet, the EU data protection legal framework is composed of two main instruments, i.e. the General Data Protection Regulation (GDPR) and the Law Enforcement Directive (LED), which provide different thresholds for the protection of personal data. The aim of this paper is to clarify the applicable data protection legal regime for the processing of personal data by FIUs for AML/CFT purposes. To that end, the paper provides an overview of the nature and goals of AML/CFT policy and discusses the problem of the diversity of existing FIU models. Further, it proposes a number of arguments in favour of and against the possibility of applying either the GDPR or LED to the processing of personal data by the FIUs and reflects on how convincingly these arguments can be used depending on the specificities of a given FIU model.

Religious Minorities’ Rights in International Law: Acknowledging Intersectionality, Enhancing Synergy

International human rights law on minorities sets forth a complex system of provisions affecting religious groups; still, the question of defining religious minorities remains largely unsettled. While assessing the legal framework of protection established under the UN system, this article explores the current debate drawing on the two key concepts of intersectionality and synergy. The intersectionality approach suggests that belonging to a religious minority cannot be dissociated from other features defining personal and groups’ identities (e.g., culture, ethnic origin, gender, language) and that this distinctive quality marks the multiple forms of violations and cross-cutting discriminations of which religious minorities are often victims. On the other hand, the synergy approach implies a comprehensive understanding of the legal sources protecting individual freedom of conscience and religion as well as religious minorities. Moreover, it entails fruitful cooperation among the relevant institutional and civil actors and the need for inclusive participation of persons belonging to religious minorities in democratic decision-making processes to the aim of the accomplishment of equal and full enjoyment of their human rights.

‘They’re all about pushing the products and shiny things rather than fundamental security’:Mapping socio-technical challenges in securing the smart home

ABSTRACT Insecure connected devices can cause serious threats not just to smart home-owners, but also the underlying infrastructural network. There has been increasing academic and regulatory interest in addressing cybersecurity risks from both the standpoint of IoT vendors and that of end-users. In addition to the current data protection and network security legal frameworks, for example, the UK government has initiated the ‘Secure by Design’ campaign. While there has been work on how organisations and individuals manage their own cybersecurity risks, it remains unclear to what extent IoT vendors are supporting end-users to perform day-to-day management of such risks, and what is stopping the vendors from improving such support. We interviewed 13 experts in the field of IoT and identified three main categories of barriers to making IoT products useably secure: technical, legal and organisational. In this paper we further discuss the policymaking implications of these findings and make some recommendations.

Article 47 of the Charter in the Opinion Procedure: Some Reflections Following Opinion 1/17

The emphasis on Article 47 of the Charter in Opinion 1/17, as a separate ground in the compatibility review, has a constitutional dimension. Once again, as in Achmea, the specific characteristics of the EU legal order, especially with regard to the affirmation and development of the rule of law, are analysed in the investment protection legal framework. However, Article 47 has a specific role and function in the EU legal order, establishing the guarantees for a composite judicial system at the basis of the principle of autonomy. Preserving the specific function of Article 47 in the balance between effectiveness, procedural protection, and national autonomy in the EU legal order is also of utmost importance in the current rule of law crisis. This paper affirms that external relations are outside the scope of Article 47 of the Charter. This does not however mean that the principle of judicial protection and the right of access to an independent tribunal have only an internal EU law dimension. The Union’s contribution to the development of the WTO dispute settlement mechanism and to the establishment of permanent investment courts confirms that promoting the rule of law is part of the Union’s external action. The Court of Justice could assess the CETA’s compatibility with the right of access to an independent tribunal without having recourse to Article 47 of the Charter, on the ground either of the principle of autonomy or of the compatibility with the substantive provisions of the common commercial policy. This paper argues that while judicial protection as part of the autonomy claim could meet some conceptual limits, promoting judicial protection as part of the common commercial policy could reinforce the perception that the Union is a credible and influential actor in international trade and in international procedural law.

Editorial: The legal protection of the Amazon rainforest

This Special Issue aims to critically evaluate the current legal and institutional frameworks for environmental protection in the Amazon, against the backdrop of increasing deforestation rates, forest fires, and unfavourable political contexts in some of the Amazon countries. In this vein, the contributions to this Special Issue discuss legal pathways that may contribute to the protection of the Amazon. These include (national, regional and international) laws and policies; domestic and international litigation; and market-based mechanisms and private sector initiatives aimed at reducing deforestation and forest degradation. The Special Issue also highlights the challenges related to regional cooperation and forest governance more broadly.

Back to the Moon and Beyond: Strengthening the Legal Framework for Protection of the Space Environment

Since the launch of the first artificial satellite – Sputnik 1 – by the Soviet Union in 1957, and the landing of the first human on the Moon in 1969, astronauts and other spaceflight participants have travelled to the International Space Station, probes and rovers have explored the solar system and have landed on planets, comets and asteroids, and instruments, such as the Kepler Space Telescope, have discovered exoplanets. The next decade of space exploration will again take humans to the Moon, with the objective to go further towards Mars. New space activities are being developed by States and private entities that will involve space mining and human settlements on celestial bodies. These future space programmes will have to be conducted with caution in order not to unduly damage the unique and fragile space environment and to conduct space exploration in a sustainable way for present and future generations. In this context, this article examines the main provisions of the current international space legal framework applicable to the space environment. Since States are obligated to explore and use outer space in accordance with international law, we will assess which principles of international environmental law are possibly adaptable to space activities. We will also address the relevant international guidelines and policies in the field of planetary protection, in particular the Committee on Space Researchs (COSPAR’s) Planetary Protection Policy (PPP). space exploration, planetary protection, environmental law, space law, policy