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Journal : Yuridika

Protection of Geographical Indications as a Form of Consumer Rights Protection Dian Ety Mayasari
Yuridika Vol. 35 No. 1 (2020): Volume 35 No 1 January 2020
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (270.106 KB) | DOI: 10.20473/ydk.v35i1.13990

Abstract

The potential of natural resources in a region that is well managed and provides economic benefits to the local communities deserves protection for geographical indications. It is part of intellectual property rights as it relates to the protection of the identities of producer regions that are affected by both human and natural factors. The provision of protection for geographical indications, that adopts a constitutive registration system, put emphasis on the potentials of the certain region because the distinctiveness of a product from the region cannot be found in the others. The protection of geographical indications granted for an unlimited period of time protects not only the producer regions but also the reputation, quality, as well as characteristics of their products. To provide protection of geographical indications means also to protect the consumer rights; consumers that purchase or use certain products are supplied with correct information on the production sites, quality and being protected from the potentially harmful effect of the products.
Imposition of Criminal Sanction Against Sexual Offenders from the Perspective of Child Protection Laws Dian Ety Mayasari
Yuridika Vol. 37 No. 1 (2022): Volume 37 No 1 January 2022
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (290.569 KB) | DOI: 10.20473/ydk.v37i1.33513

Abstract

While the Indonesian government has passed the Law on Child Protection to ensure the fulfillment of children's rights, there remain a substantial number of children who are victims of sexual violence. In fact, the cases reached 14,517 in 2021. For that reason, this paper aims to discuss the imposition of criminal sanction against sexual abusers and law protection for child victims of sexual abuse. This paper is a normative legal research that puts emphasis on the legal approach, especially the Child Protection Law. Regulations on procedures for imposition of sanction against sexual offenders are already included in the Child Protection Law, despite the fact that sanctions are not explicitly defined since there are minimum and maximum criminal sanctions. Therefore, it is perceived that judges can impose minimal criminal sanctions, including chemical castration, which is one of the additional sanctions as regulated in Law Number 17 of 2016. For those categorized as child victims, psychological advocacy is important to recover their mental condition and to move on from past trauma. This has been regulated as special protection that takes the forms of reproductive health education, inculcation of religious values and decency; social rehabilitation; psychosocial advocacy toward healing; and protection and advocacy at every stage of trial, from investigation, prosecution, up to examination in court. Imposition of criminal sanctions against the offender and advocacy for child victims of sexual abuse must be optimally implemented to ensure their optimal growth and development to become this country’s future generation that succeed in making their dream come true.
Legal Protection for Child Victims of Bullying from the Perspective of Child Protection Law Mayasari, Dian Ety; Atjengbharata, Andreas L.; Seguito Monteiro
Yuridika Vol. 39 No. 1 (2024): Volume 39 No 1, January 2024
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v39i1.48032

Abstract

Legal protection for children has not been effective and there are still children who are victims of bullying. Bullying is an action that hurts the victim both physically and psychologically. The occurrence of bullying is a form of violation of children's rights which is regulated in the Child Protection Law, so perpetrators must be dealt with firmly by imposing criminal sanctions which are also regulated in the Child Protection Law. The purpose of this writing is to find out legal protection for children who are victims of bullying, especially repressive legal protection. It uses a normative juridical method that prioritizes primary legal material of the Child Protection Law. The final result   is that the regulation of criminal sanctions in the Child Protection Law is cumulative and there are regulations for minimum and maximum criminal threats, so that judges in giving decisions on criminal sanctions can be minimal. This lack of firmness in setting sanctions does not provide a deterrent effect for perpetrators and other people who continue to carry out bullying actions against children.