Protection Of Consumer Rights Research Articles

Protection of Consumer Rights and Reduction of the Burden of Proof for Damages in Food Safety Damage Compensation Cases

Protection of Consumer Rights and Reduction of the Burden of Proof for Damages in Food Safety Damage Compensation Cases

Metric-based meta-learning combined with hyperspectral imaging for rapid detection of adulteration in domain-shifted camel milk powder

Camel milk powder possesses high nutritional and economic value. The adulteration of camel milk powder with other varieties seriously compromises consumer rights. In the practical application of hyperspectral analysis for camel milk powder detection, the sample categories used for testing often differ from those used to construct the model. As a learning approach adept at domain-shifted and few shot scenarios, meta-learning is employed to tackle this issue. In this study, we used camel milk powder adulterated with cow milk powder as training samples and adulterated with goat milk powder as test samples. In the detection of eleven adulteration levels, the detection accuracy for pure camel milk powder reached 98.92%. Notably, the detection accuracy for the less conspicuous 70% adulteration level achieved 77.69%. The comprehensive detection accuracy of meta-learning reached 84.4%, showcasing notable improvements compared to SVM, BP, and CNN, which saw increases of 24.67%, 28.16%, and 18.4%, respectively. The detailed analysis of feature vectors and contributions substantiates the reliability and stability of the meta-learning-based qualitative analysis. The introduction of meta-learning methods is poised to make significant contributions to rapid detection by relevant testing agencies and the protection of consumer rights.

Perlindungan Hukum terhadap Pengguna Jasa Pinjaman Online dalam Analisis Hukum Pidana

Legal protection can be interpreted as the government's effort to protect those who do not feel a sense of justice in the life of the nation or state, on the other hand, consumer protection can be interpreted as the government's efforts to protect consumer rights, as an institution that manages the supervisory and regulatory system for the financial services industry, the Financial Services Agency must make greater efforts to protect consumers from legal action. Consumer protection is not the same as legal protection, as a research method, the author uses a normative legal approach in discussing this article ,the research specification for this legal article is descriptive analysis using data types in the form of primary and secondary data.

Authenticity Verification of Alcoholic Beverages in IoT Environment through Fluorescence Hyperspectral Technology and Machine Learning

In the Internet of Things (IoT) environment, verifying the authenticity of beverages is an important issue. Baijiu, a unique Chinese distilled liquor, has gained popularity among people due to its distinctive flavor. In recent years, there has been increasing concern about the adulteration of baijiu. Many studies in this field have attempted to combine chemometrics, electronic nose, Raman spectroscopy, and other detection technologies with machine learning for baijiu detection. However, no research has yet applied the mature detection technology of fluorescence hyperspectral technology to this field. Additionally, existing studies have mainly focused on branded baijiu, without addressing the problem of adulteration in bulk baijiu, which remains a long-standing issue. In this study, a combination of fluorescence hyperspectral and machine learning was used for rapid and nondestructive adulteration detection of bulk liquor in Chengdu. The fluorescence hyperspectral data of three types of samples, namely, original liquor, adulterated liquor with water, and adulterated liquor with industrial alcohol, were obtained, and the raw data were preprocessed using Savitzky–Golay (SG), baseline correction (BL), multivariate scatter correction (MSC), and the combination of Savitzky–Golay and baseline correction (SG-BL). Finally, PCA and MDS are also used to extract spectral data characteristics, respectively. For model selection, three models were chosen: back-propagation artificial neural network (BP-ANN), support vector machine (SVM), and one-dimensional convolutional neural network (1D-CNN). For model evaluation, we choose accuracy, recall, precision, F1-score, memory occupied, and time consumed by the model to evaluate. The experiments show that the combination of fluorescence hyperspectral technology and machine learning can provide a new method, MSC-PCA-SVM, for bulk liquor detection, with a final classification accuracy, recall, precision, and F1-score all reaching 100%, The effectiveness and application potential of this method in the IoT environment have been demonstrated. The results of this study can not only be applied to liquor detection but also have the value of reference for the adulthood and detection of the entire food industry. It is of great significance to standardize the market and protect consumer rights.

Research on the protection of consumer rights in livestreaming e-commerce

With the rapid development of internet technology, livestreaming e-commerce has emerged as a new e-commerce model and has rapidly risen in China's e-commerce field, becoming a rising star. Livestreaming e-commerce combines entertainment, interactivity and shopping, which not only provides consumers with a more convenient way to shop, but also opens up new sales channels for merchants. However, with the rapid development of livestreaming e-commerce, the issue of consumer rights protection has become increasingly prominent. In this paper the current situation of consumer rights protection in livestreaming e-commerce was analyzed, the difficulties and challenges in China's consumer rights protection was summarized. In the conclusion part, some suggestions are put forward, which provide useful reference for the healthy development of China's livestreaming industry.

Consumer Protection Agency’s crisis management for children’s kidney failure cases in Indonesia

Background: The Badan Perlindungan Konsumen Nasional Republik Indonesia (BPKN RI) is a government institution dedicated to protect consumer rights nationwide. In August 2022, instances of kidney disorders affecting children emerged in various regions of Indonesia, necessitating BPKN’s involvement in addressing these cases. Purpose: This study examines how crisis communication factored into BPKN RI’s crisis management strategy during the 2022 outbreak of atypical progressive acute kidney injury (APAKI) in children. Methods: The theoretical framework guiding this research encompasses organizational theory, corporate communication theory, crisis communication theory, and crisis management theory. Employing a descriptive qualitative approach, data collection involves interviews, internet observations, and document analysis. Interviews were conducted with key figures, including the secretary of BPKN RI, the Public Relations and Education Division of BPKN RI, and the Investigation Team for APAKI cases in children. Results: The research findings reveal that BPKN RI’s crisis management process involves identifying the crisis, analyzing its implications, isolating the crisis, formulating a strategy, and implementing a crisis control program, with crisis communication as the fundamental element of the crisis management strategy. Conclusion: BPKN RI’s crisis management strategy prioritizes public welfare, ensuring easy public access, and maintaining transparency and honesty. Implications: BPKN RI disseminates regular and periodic information to the public, designates the Chairman of BPKN RI as the spokesperson, monitors community sentiments and media coverage, and establishes a public information center.

Защита прав потребителей в условиях дистанционной купли-продажи товаров

Today, in the era of technology development, the remote sales method is becoming one of the most popular. However, the risk of violation of consumer rights increases, and therefore the legislator and law enforcement bodies are trying to protect them and bring the relationship between the seller and the buyer to a balance. The purpose of the article is to study the features of protecting consumer rights when concluding a sales contract remotely, as well as putting forward proposals for additionally ensuring the rights of the buyer as the weaker party.

Rampant Land Dispute Cases

This research examines the problem of land disputes in Indonesia caused by the illegal practices of the land mafia and poor land management by housing developers. Based on the Seven Principles of Agrarian Law, land should be used to benefit the community. However, facts on the ground show that much land is controlled unilaterally by the land mafia. They used various methods, including making fake letters and cultivating empty land to sell at high prices. This has led to many ownership disputes and legal problems for legitimate landowners and defrauded buyers. To avoid this problem, the public is advised to process the legality of their land certificates through the National Land Agency (BPN). The legal basis supporting the importance of land certificates is contained in Article 19 and Article 23 of the Basic Agrarian Law (UUPA) no. 5 of 1960 and Law no. 4 of 1996 concerning Mortgage Rights. This research also highlights the challenge of limited land in Indonesia, which causes the high economic value of land to become an object of competition. Housing developers often face land management problems, resulting in land certificates being mortgaged at banks and losses for consumers. The importance of public awareness of checking the completeness and validity of documents before carrying out a house purchase transaction is emphasized to avoid problems in the future. Education and supervision from the government and related institutions, such as BPN, are critical in protecting consumer rights and ensuring legal certainty.

Consumer Protection in Real Estate Transactions Adjacent to Near River Boundaries

<p>This research aims to determine the effectiveness of consumer protection efforts in purchasing houses near riverbanks, focusing on legal aspects, consumer rights, and dispute resolution. This research is urgent to conduct considering the increasing vulnerability of consumers in property transactions that can potentially increase the risk of violations of consumer rights, economic stability, and public security. The research method used is normative legal research, which allows for an in-depth review of existing laws and regulations governing consumer protection in property transactions, with a thorough analytical approach to the role of regulation and government involvement in responding to developers' failure to comply with rules when constructing buildings, resulting in harm to consumers. The outcome of this research is to propose solutions for regulatory evaluation to enhance consumer protection and ensure fairness and balance in housing transactions, emphasizing the critical role of the legal framework in protecting consumer rights.</p>

Legal Regulation of Cross-Border Relations in E-commerce in the context of Parallel Imports

The sale of goods on marketplaces, including foreign trade activities, is actively spreading in the modern world and provokes competition with classical (offline) trade. Marketplaces, as electronic trading platforms in a broader sense, are often interested in implementing new, stable approaches to the sale of goods, including cross-border foreign trade activities, in order to offer online buyers a wide range of goods at competitive prices. Parallel import is one of the strategies used by sellers and business owners on marketplaces to achieve this goal. Since foreign trade using parallel import tools involves, in fact, the resale on the domestic market of goods that are produced abroad and imported for sale in a particular State without the consent of the right-holder, as well as marked with the trademark of the right-holder or in which other results of intellectual activity are expressed (relevant from the point of view of the problem of exhaustion of exclusive rights, in particular, the objects of patent rights), cross-border opportunities of marketplaces seem to be the best place for the sale of goods imported by means of parallel imports. At the same time, the peculiarities of cross-border electronic commerce give rise to the latest challenges related to the proliferation of counterfeit products, violation of the intellectual rights of third parties, the requirements of the legislation of the country of sale on advertising, protection of competition, protection of consumer rights.

Application of Constitutional Court Decision No.18/PUU-XVII/2019 concerning Fiduciary to the protection of Consumer Rights

This article is to find out how to apply Constitutional Court Decision No.18/PUU-XVII/2019 concerning Fiduciary to the protection of Consumer Rights. Collateral comes from the Dutch words zekerheid and cautie which means the debtor's ability to repay the creditor. This is achieved when the debtor receives a loan or debt from a creditor and uses valuables as collateral to secure the loan or obligation. As stated in the Decree of the Directors of Bank Indonesia No. 23/69/KEP/DIR dated 28 February 1991 concerning Credit Guarantee, the word "guarantee" in Indonesian can mean guarantee. This article uses the Normative Juridical method relating to issues relating to the Mortgage and Lien Rights Law and the Final Decision of the Constitutional Court. In collecting information for this research, we looked at various sources, including primary, secondary and tertiary legal materials, related laws and regulations, as well as documents that use a normative juridical approach to examine Constitutional Court and Constitutional Court decisions. Mortgage and Lien Law.

Регулирование цифровых платформ в России

Given the active formation and development of digital platforms in Russia, discussion of possible approaches has intensifiedand legislative changes have been initiated aimed at improving regulation in platform markets. The Ministry of EconomicDevelopment and Bank of Russia have published the Concept of Regulating Digital Platforms and Ecosystems and the report“Ecosystems: Approaches to Regulation,” respectively. The competition legislation has been supplemented, primarily withinthe framework of the Fifth Antimonopoly Package, along with regulations aimed at protecting consumer rights on digitalplatforms. The Federal Antimonopoly Service of the Russian Federation (FAS Russia) and representatives of business participatedin developing tools for digital platforms’ self-regulation.The purpose of this article is to analyze approaches to regulation of digital platforms in Russia and to identify difficultiesin its development and opportunities for improvement. The study is based on the analysis of legislation and law enforcementpractice, scientific articles, and analytical reports. Based on the results of the analysis, the authors make conclusionsregarding possible future directions for regulatory developments and proposals for deepening international cooperation.The approach to protecting consumer rights on digital platforms in Russia combines the extension of previously existingnorms to the platform economy with the addition of some new norms relating to aggregators of information about goodsand services. Antimonopoly regulation follows the same approach, while, as part of the Fifth Antimonopoly Package, ruleshave been introduced aimed at eliminating illegal practices of dominant platforms and ecosystems.Based on the results of the analysis, the authors forecast further regulatory developments, which may relate to a widerange of aspects, from the unification of terminology and the introduction of new criteria for classifying platforms as dominantto the appointment of platforms’ contact points for communication with authorities and consumers and interdepartmentalcoordination. The authors recommend using the regulatory experience accumulated by both western jurisdictions andpartner countries, taking measures to promote Russian approaches at the international level, and intensifying cooperationon the regulation of digital platforms in multilateral formats, primarily in the BRICS group (including Brazil, Russia, India,China, South Africa, and others).

The Europeanization of Georgian Consumer Law: A Pathway to Harmonization

Abstract On March 29, 2022, the Parliament of Georgia passed the Law on Protection of Consumer Rights, with its primary provisions taking effect on June 1, 2022. By enacting the Law, Georgia has largely fulfilled its commitment under the Association Agreement with the European Union (EU) to implement EU directives governing consumer protection into its national legislation. However, it is essential to recognize that this reform marks just the initial phase of approximation. Challenges persist, especially in relation to European directives concerning the regulation of the digital marketplace. This article aims to provide a concise overview of the reform facilitated by the adoption of the new Law. Moreover, given that only one year has passed since the implementation of the Law, there remains a lack of practical experience or judicial precedent to assess its positive or negative impacts. Academic studies in this direction are also lacking. Consequently, the discussion in this article primarily centers on the novelty and challenges presented by the Law in the light of EU directives.

Protection of consumer rights in the practice of the EU court

Introduction. The paper highlights the issues of implementation of consumer protection mechanisms at two hierarchically subordinate levels – international and national. It is given the generalization of separately analyzed cases illustrating the proper practical implementation of consumer protection at the level of the EU Court of Justice. It is provided a generalized view of how theoretical consolidation of the rules meets the requirements of the present. The purpose of the paper is to present the practical results of the analysis of the European consumer protection system at the supranational and national levels of the EU. To do so, the following tasks need to be accomplished: to define the legislative regulation of European consumer policy and its basic principles, to outline the procedure for legislative regulation of consumer issues by the EU supranational institutions, to analyze the case law of the EU Court of Justice and to identify further trends in legal regulation in this area. Results. It is emphasized that it is the European Union that serves as a priority for the national systems of its member states. It is found that the States clearly follow the principles enshrined in certain Directives, but often face difficulties in interpretation, since not all the rules have been implemented in accordance with the fluidity of the modernized world, and therefore there is a need to apply to the Court of Justice of the European Union for a broader explanation. Despite certain difficulties, new mechanisms are increasingly being introduced to ensure the effectiveness of consumer protection at the international level. In particular, the doctrinal positions of individual scholars play an important role, which, in turn, are implemented in practice. Conclusion. It is noted that it is important to harmonize the national legislation of the Member States and the European legislation, since only then can the consumer protection sphere be properly regulated. In general, it is noted that the issue of building and maintaining consumer confidence in the market is a key one for European consumer policy. It cannot be ensured in the presence of unfair, aggressive and openly fraudulent trade practices, so the system must have a sufficient range of effective tools, both state and non-state, to prevent them.

Protection of Consumer Rights in Online Transactions from the Perspective of Positive Law on Consumer Protection and the Compilation of Sharia Economic Law

This research is motivated by a phenomenon that business actors in buying and selling online often provide unclear information. This research is a library research on consumer legal protection in online buying and selling according to Law No. 8 of 1999 and consumer protection in online buying and selling according to the Compilation of Sharia Economic Law and comparison of consumer protection in online buying and selling according to UUPK and KHES. The results showed that, Legal protection of consumers in online buying and selling according to Law No. 8 of 1999 is not fully realized, because many consumer rights are violated by online business actors. Violated consumer rights are contained in GCPL Article 4, Article 7, Article 8, Article 17, Article 19. The legal protection of consumers in online buying and selling based on the Compilation of Sharia Economic Law is the provision of protection in the form of khiyar rights (cancel or continue the sale and purchase contract). The similarity of consumer legal protection in online buying and selling according to GCPL and KHES is that they must provide correct, clear, and honest information about the conditions and guarantees of goods and / or services. While the difference in consumer protection in online buying and selling according to GCPL and KHES is that according to GCPL, administrative sanctions and criminal sanctions are imposed; in KHES, consumers are given the right to khiyar (cancel or continue the contract) in online buying and selling.

Employing consumer knowledge to protect consumer rights

The research aims to measure the level of connection and impact of consumer knowledge in protecting consumer rights, and the sample consisted of (275) consumers in five markets (large retail markets in Baghdad) as they represent the research community of consumers who go to the markets to buy products. The data and hypotheses were analyzed and tested using appropriate statistical tools, including the arithmetic mean and standard deviation to measure the level of descriptive responses of the research sample, correlation coefficients (Pearson) to test the relationships between the research variables, and the simple and multiple linear regression equation to test the effect. The results showed the validity of the research hypotheses, and concluded with a number of Conclusions and recommendations.

The Legal Implications of Information Disclosure Obligations for E-Commerce Platforms: An Analysis Based on the Electronic Commerce Law of the People’s Republic of China

The Electronic Commerce Law (ECL) of the People’s Republic of China is a pivotal regulation that imposes stringent information disclosure obligations on e-commerce platforms. This paper explores the legal implications of these obligations, focusing on their role in enhancing transparency, preventing fraud, and protecting consumer rights. It delves into the challenges faced by e-commerce platforms in complying with the ECL, particularly in terms of data privacy and dispute resolution. Through a comprehensive analysis, this paper provides recommendations for platforms to effectively navigate these challenges, ensuring compliance while fostering consumer trust and safeguarding user data. The findings highlight the importance of robust compliance measures and proactive strategies in building a trustworthy and secure e-commerce environment, ultimately contributing to the sustainable growth of the e-commerce sector in China.

The Dilemma and Path of Legal Regulation on “Big Data Price Discrimination”: A Two-Dimensional Perspective on Regulating Platform Operators’ Algorithmic Power and Protecting Consumer Rights

The Dilemma and Path of Legal Regulation on “Big Data Price Discrimination”: A Two-Dimensional Perspective on Regulating Platform Operators’ Algorithmic Power and Protecting Consumer Rights

Legal bases of the information policy regarding the protection of the rights of air passengers

The article is devoted to the justification of the need to unify the national legislation of Ukraine with the acts of the European Union in the field of human rights, in particular, the rights of air passengers. The article summarizes the analysis of the effectiveness of existing legal acts and mechanisms aimed at ensuring a high level of protection of the rights and safety of air passengers in specific situations. It is claimed that Ukraine undertakes to bring national legislation in the field of air passenger rights protection into full compliance with EU acts, despite the biggest challenge on the way to building democracy in Ukraine - the full-scale invasion of the Russian Federation and the closure of Ukrainian airspace for today. The development of legal mechanisms to protect the rights of air passengers is determined not only by the desire to ensure their safety during travel, but also contributes to the development of the aviation industry in general. The need to pay attention to the protection of the rights of air passengers in the process of implementation of EU acts is emphasized, since human rights standards require proper study and implementation for the effective use of common air space, restoration of air navigation infrastructure. The main attention is focused on the peculiarities of the harmonization of national and European standards, which requires significant efforts and a large number of measures on the part of the state, in particular, the proper implementation of EU acts regarding the rights of air passengers and the protection of consumer rights. Next steps regarding further obligations of Ukraine were also analyzed. Increasing attention to the protection of the rights of air passengers is of practical importance for increasing the effectiveness of cooperation between Ukraine and the EU in the field of human rights and creating a modern legal framework for aviation regulations regarding the rights of air passengers in the country. Tasks that need to be completed for the successful integration of Ukraine into the common aviation space of the EU are highlighted. The experience of law enforcement for the protection of the rights of EU air passengers will contribute to the restoration of our state’s capabilities for the safety of civil aviation flights. Conducting research in this direction is a relevant and necessary scientific search.

Business Responsibilities for Food Products in the Don't Have Self Declare Category Halal Label (Case Study in Mataram City)

This research aims to analyze the responsibility of business actors towards ingredients that do not yet have a halal label according to positive law and to analyze the inhibiting factors in the responsibility of business actors towards self-declared food products. which does not have a halal label in Mataram City. By using empirical normative legal research methods. The results of this research show that to protect consumer rights, the Consumer Protection Law Number 8 of 1999 and other laws and regulations apply administrative and criminal sanctions to business actors, if business actors are proven to have violated the regulations that have been established in carrying out their activities. or offer its products. Materials that do not yet have a halal label according to positive law, as in Article 8 paragraph (1) letter h UUPK, stipulate that business actors are prohibited from producing and/or trading goods. As stated in the "halal" statement on the label. And Article 4 of Law Number 33 of 2014 concerning Halal Product Guarantees states that products entering, circulating and being traded in Indonesian territory must be halal certified. With this article, all products circulating in Indonesia must have a halal certificate, without exception, products from Micro, Small Enterprises (UMK) which should also have a halal certificate because they are already circulating on the market. Legal responsibility for business actors who do not yet have a halal label for their products. Administrative/administrative sanctions are given , namely sanctions imposed due to administrative violations or legal provisions of an administrative nature, up to fines, revocation of certificates and/or permits, temporary suspension of administrative services up to reduction of production quotas. Inhibiting factors in the responsibility of business actors for self-declared food products which do not have a halal label in Mataram City, the inhibiting factors consist of two factors, namely: a. Internal factors consist of business actors' knowledge of halal certification, knowledge of halal certification obligations and certification costs. b. External factors consist of lack of socialization from the Halal Center Institute at UIN Mataram and lack of consumer awareness.