Understanding The Typology Of Health Sector Corruption In Indonesia,
2023
Universitas Indonesia
Understanding The Typology Of Health Sector Corruption In Indonesia, Ratna Juwita
Indonesia Law Review
Health sector corruption is considered as one of the most serious barriers to the realisation of the right to health due to the complexity of the health care system structure. This research aims firstly to explain the international legal obligations of Indonesia concerning the right to health and anticorruption and subsequently explain the measures taken by Indonesia to realise its international legal obligations. Secondly, legally binding judgments on health sector corruption will be collected to formulate the typology of health sector corruption in Indonesia. The construction of the typology of health sector corruption is to pinpoint the pattern of corruption …
Indonesian Capital Market Investor Protection In Cases Of Embezzlement,
2023
Fakultas Hukum Universitas Indonesia
Indonesian Capital Market Investor Protection In Cases Of Embezzlement, Arman Nefi, Adiwarman Adiwarman
Indonesia Law Review
Law Number 8 of 1995 on Capital Market, in Articles 90 to 98, regulates fraud, market manipulation and insider trading. There is no regulation of embezzlement in the Indonesian Capital Market. Have the legislators forgotten, or have anticipated that there will never be embezzlement in the legal realm of the Indonesian Capital Market? The paper deals with the absent of criminalization of embezzlement in capital market act and produce the recommendation to cope with the issue. This study uses a normative legal analysis method with a conceptual, an analytical, and a case study approach. Several legal cases that are strongly …
The Future Of Freedom Of Press In Indonesia After The Personal Data Protection Law Era,
2023
universitas Budi Luhur
The Future Of Freedom Of Press In Indonesia After The Personal Data Protection Law Era, Untung Sumarwan, Arief Hidayat, Lita Tyesta Alw
Indonesia Law Review
The press is a manifestation of the sovereignty of the Indonesian people. Unfortunately, the spirit of freedom of the press seems to be still experiencing shocks from various angles, one of which is the birth of Law number 27 of 2022 concerning Personal Data Protection (PDP Law). On the one hand, the presence of the PDP Law should be appreciated as a form of government effort to protect citizens' rights to privacy. However, unfortunately, several article provisions in the PDP Law still intersect with the Press, which are not a form of restriction in positive terms but have the potential …
The Implementation Of The Religion Rights For Transgender In Indonesia,
2023
University of Hull
The Implementation Of The Religion Rights For Transgender In Indonesia, Ratih Andani Setyo Budhi
Indonesia Law Review
The rights to conduct religious practice are undoubtedly essential for all human beings, including transgender people. However, in practice, they often found obstacles in implementing their fundamental rights to pray to God. The main objectives of this paper are to understand the statutory laws applicable in Indonesia regarding the rights of the religion of the Indonesians for transgenders, and how is the actual implementation by the government in fulfilling the rights, as well as examining case experienced by the transgenders who live in Pondok Pesantren Waria (Female Transgender Madrasa) Al- Fatah Yogyakarta. The Author was using a combination of library …
Morality In Law: An Analysis Towards The Legal Philosophy And Indonesia National Legal System,
2023
Faculty of Law, Universitas Tarumanagara, Indonesia
Morality In Law: An Analysis Towards The Legal Philosophy And Indonesia National Legal System, Ade Adhari, Tundjung Sitabuana, Indah Siti Aprilia
Indonesia Law Review
The philosophy of law schools, such as positivism and naturalism, always have opposing arguments about moral and law separation. Positivism on one side, believes that morality is a non-law element that has to be strictly separated from the law, while on the other side, naturalism says moral can not be separated from the law and that moral has to become the basis of every law. However, the positivism idea is arduous to be implemented in the current situation as the legal product is constantly managed to conform with the moral values. The objectives of this paper are to study: (1) …
Toward A Multilevel Sociology Of Fraud,
2023
Northwestern Pritzker School of Law
Toward A Multilevel Sociology Of Fraud, Brooke Harrington, Camilo Arturo Leslie
Northwestern University Law Review
This Essay applies a distinctively sociological multilevel analysis to fraud to provide novel insights and recommendations on an old problem. Rather than treating fraud as a problem of “criminogenic environments” or of individual psychologies and motivations, this multilevel analysis investigates the ways in which individuals (the micro level) interact with organizations (the meso level) and institutional systems (the macro level) to produce fraud. We illustrate these interactions and the insight that an interactive analysis can provide by using ethnographic data from an in-depth case study of the R. Allen Stanford offshore financial fraud. The case, which occurred in the Caribbean …
Consumer Fraud, Home Financing, And The Erosion Of Trust,
2023
Northwestern Pritzker School of Law
Consumer Fraud, Home Financing, And The Erosion Of Trust, Linda E. Fisher
Northwestern University Law Review
Consumer fraud is a civil violation of a remedial statute not requiring specific intent to deceive. Most consumer fraud statutes define violations as unconscionable, misleading, or deceptive practices irrespective of intent, in derogation of the principle of caveat emptor. They do not apply to business-to-business transactions. Trust plays a central role in business-to-consumer transactions. Because consumers are individuals, there is often an inherent inequality in consumer transactions. Sophisticated marketing techniques—especially target marketing that follows potential customers all over the internet—hound consumers’ online lives and manipulate purchasing decisions. The increasing monetization of almost everything exacerbates these effects. This transactionalism itself erodes …
America's Anti-Fraud Ecosystem And The Problem Of Social Trust: Perspectives From Legal Practitioners,
2023
Northwestern Pritzker School of Law
America's Anti-Fraud Ecosystem And The Problem Of Social Trust: Perspectives From Legal Practitioners, Edward J. Balleisen
Northwestern University Law Review
This contribution revives an autobiographical genre present in law reviews roughly a half-century ago, in which seasoned legal practitioners offered perspective on vital issues. Here, a senior deputy attorney general, a former federal prosecutor, a corporate defense attorney, and a legal aid lawyer each draw on their career experience to explore what they see as significant problems related to the law of consumer and investor fraud and the nature of consumer and investor trust. Their reflections emphasize the significance of law in action—how key actors seek to deploy legal mechanisms related to fraud and adjust their strategies in light of …
The Persistent Limits Of Fraud Prevention In Historical Perspective,
2023
Northwestern Pritzker School of Law
The Persistent Limits Of Fraud Prevention In Historical Perspective, Emily Kadens
Northwestern University Law Review
Fraud has been ubiquitous throughout history, and so have the methods of fraud prevention. History demonstrates that no anti-fraud measures have fully succeeded in eliminating deceptive market behavior. Instead, this Essay uses evidence from premodern England to argue that societies and individual contracting parties balance tolerating a certain amount of fraud against the costs of fraud prevention.
Auditing Overseas: How The United States Can Learn From Recent Financial Audit Reform In The United Kingdom,
2023
Northwestern Pritzker School of Law
Auditing Overseas: How The United States Can Learn From Recent Financial Audit Reform In The United Kingdom, Daniel Damitio
Northwestern University Law Review
Financial auditing is one of the cornerstones of an effective capital market structure. When performed correctly, an independent financial audit provides investors with the security they need to effectively transact based on company disclosures. When this system fails, however, the results for investors and the economy as a whole can be devastating. In recognition of this danger, the market for financial auditing in the United States is regulated by a number of governmental and nongovernmental bodies charged with maintaining its health and effectiveness. But stakeholders within the U.S. market and government have criticized these regulators for failing to adequately respond …
Federal Data Privacy Regulation: Do Not Expect An American Gdpr,
2023
DePaul University College of Law
Federal Data Privacy Regulation: Do Not Expect An American Gdpr, Matt Buckley
DePaul Business & Commercial Law Journal
No abstract provided.
Legal Representation And The Metaverse: The Ethics Of Practicing In Multiple Realities,
2023
DePaul University College of Law
Legal Representation And The Metaverse: The Ethics Of Practicing In Multiple Realities, Madeline Brom
DePaul Business & Commercial Law Journal
No abstract provided.
Badges Of Honor: Professional Conduct, Consumer Protection, And Accolades In Lawyer Advertising,
2023
California State University, Northridge
Badges Of Honor: Professional Conduct, Consumer Protection, And Accolades In Lawyer Advertising, Kiren Dosanjh Zucker, Bruce Zucker
DePaul Business & Commercial Law Journal
No abstract provided.
Welcome Address,
2023
DePaul University
Welcome Address, Lauren Mckenzie
DePaul Business & Commercial Law Journal
No abstract provided.
Front Matter,
2023
DePaul University
Confidentiality Clauses In Settlement Agreements After The Consumer Review Fairness Act,
2023
Texas A&M University School of Law
Confidentiality Clauses In Settlement Agreements After The Consumer Review Fairness Act, Wayne Barnes
Faculty Scholarship
Online commerce has skyrocketed in recent years, and shoppers are purchasing goods or services online in greater numbers every year. The COVID-19 pandemic has only hastened the trend. One significant aspect of online shopping is the presence of consumer reviews posted by prior purchasers of goods or services, describing their experience with the products, the services and/or the selling merchant. A vast majority of online shoppers say that they rely on these reviews to help inform their purchasing decisions. Positive reviews can be tremendously beneficial to a business’ profitability, whereas negative reviews can be equally detrimental. Users of the internet …
Toward A Canadian Right To Repair: Opportunities And Challenges,
2023
Dalhousie University Schulich School of Law
Toward A Canadian Right To Repair: Opportunities And Challenges, Anthony D. Rosborough
Articles, Book Chapters, & Popular Press
This Article draws a picture of the past, present, and future of the right to repair in Canada. It looks to early successes toward automotive right to repair, challenges faced in proposing consumer protection reforms in Ontario and Quebec, and the utility of a proposed copyright “Technological Protection Measure (TPM) exception” allowing circumvention for repair purposes. In light of right to repair priorities identified by Canada’s current federal government, the Article identifies a selection of reforms that could achieve these goals. Such reforms include creating regulations under the Copyright Act governing the use and implementation of TPMs, passing an exception …
A Conceptual Framework On Tax Knowledge And Tax Compliance Intention: The Moderating Effect Of Patriotism In Nigeria,
2023
Abubakar Tafawa Balewa
A Conceptual Framework On Tax Knowledge And Tax Compliance Intention: The Moderating Effect Of Patriotism In Nigeria, Mansur A. Saidu Dr., Ladan Shagari Shamsudeen Phd
Bullion
Realizing more tax revenues is a sign of an increase in the tax compliance intention of taxpayers within a given nation. This emanates from the taxpayers' level of readiness and willingness as a result of their accumulated tax knowledge and patriotism. But due to people's behavioral and social limitations, non-tax compliance intention is becoming eminent, leading to a lot of tax gaps and revenue losses on the part of the government to finance its expenditures for the betterment of a country. Not much could be achieved after several research efforts were recently put in place. The Income Tax Evasion Theory …
The New Roaring Twenties: The Progressive Agenda For Antitrust And Consumer Protection Law,
2023
S.J. Quinney College of Law, University of Utah
The New Roaring Twenties: The Progressive Agenda For Antitrust And Consumer Protection Law, Jorge L. Contreras
Utah Law Review
It is an opportune moment to consider the trajectory of antitrust law in the United States. We are witnessing today an inflection point in both federal and state antitrust enforcement and a growing skepticism by courts of the doctrinal orthodoxy that has characterized the antitrust jurisprudence of the last half century.
Q&A With Lina Khan, Chair Of The U.S. Federal Trade Commission And Mark Glick, Professor Of Economics At The University Of Utah,
2023
Columbia Law School
Q&A With Lina Khan, Chair Of The U.S. Federal Trade Commission And Mark Glick, Professor Of Economics At The University Of Utah, Lina M. Khan
Utah Law Review
No abstract provided.
