Academic literature on the topic 'Platform criminal responsibility'
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Journal articles on the topic "Platform criminal responsibility"
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Pratama, Kelvin Adytia, Muhamad Amirulloh, and Somawijaya Somawijaya. "RESPONSIBILITY FOR THE SALES OF FAKE STAMPS ON TOKOPEDIA'S DIGITAL MARKETPLACE PLATFORM." Jurnal Hukum Replik 8, no. 1 (August 29, 2020): 44. http://dx.doi.org/10.31000/jhr.v8i1.3016.
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Today the internet has dramatically influenced business behavior by offering the opportunity to sell products of daily necessities directly to customers. In its development, the use of this technology sometimes tends to lead to negative things as well. One of them is the factual case of selling fake stamps on the Tokopedia digital platform. Based on this background, this research will discuss; First, regarding the legal qualifications of selling fake stamps on the Tokopedia digital platform. Second, related to the responsibilities of sellers and platforms regarding the sale of fake stamps on the Tokopedia digital marketplace. Both are based on the ITE Law and the Stamp Duty Law. This study used a normative juridical approach based on a law that is conceptualized as a rule or norm that becomes the benchmark for human behavior. The research specification used is descriptive analysis research specification. The data used is in the form of secondary data by reviewing literature and laws and regulations related to the sale of fake stamps and their correlation with the law of information technology and electronic transactions and stamp duty. By offering fake stamps on marketplace platforms, merchants, and e-commerce providers, namely the marketplace platform, are in effect breaking the law. Through the existing criminal law provisions, the seller/perpetrator must be held accountable for his mistake in accordance with the applicable sanctions. From the platform side, the various obligations that Tokopedia does not carry out in buying and selling activities cause problems, including the circulation of illegal goods on the platform, so that Tokopedia is obliged to be responsible.Keywords: E-Commerce; Platform; Information and communication technology; Stamp Duty.
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Gracheva, Yu V., and S. V. Malikov. "Trash Stream: Social Conditioning of Criminalization." Actual Problems of Russian Law 16, no. 6 (July 9, 2021): 202–10. http://dx.doi.org/10.17803/19941471.2021.127.6.202-210.
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The social network as one of the digital technologies has not only creates a platform for communications, especially relevant during a pandemic, but also provokes the emergence of various types of deviant behavior, primarily due to the fact that many communicate on the Internet under fictitious names; it liberates a person, creates a feeling of impunity, control over the situation, etc. Recently, trash streams have become popular on the Web, but not funny and silly, but associated with violence, insult, humiliation of human dignity, causing a feeling of disgust and contrary to public morality. In December 2020, during such a live broadcast, another victim died, which launched a process in society to discuss the need to introduce criminal liability for such acts. The paper assesses the draft criminal law, as well as initiatives to supplement the list of aggravating circumstances and some corpus delicti with an appropriate qualifying feature, and formulates the author’s draft criminal law on responsibility for organizing, conducting, facilitating and participating in direct air in trash streams.
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Widowati, Ratih. "Penegakan Hukum Terhadap Pelanggaran Hak Cipta Dalam Jual Beli Karya Sastra Pada Marketplace." Jurnal Analisis Hukum 5, no. 2 (September 25, 2022): 220–30. http://dx.doi.org/10.38043/jah.v5i2.3770.
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The large number of book piracy and/or unauthorized sellers in the marketplace is a serious legal problem. Book piracy has become an industry in Indonesia. This is due to the lack of law enforcement that occurs, consumer behavior that is not aware of copyright, and business actors who seek profit by illegal means. Business actors in this case are not only sellers, but also the marketplace as a digital trading platform provider should also be responsible for selecting the goods to be sold by the seller. Unfortunately, the focus of law enforcement on copyright infringements is still focused only on piracy actors. Marketplace providers as an important element in digital transactions often not charged with legal responsibility. Therefore, this study focuses on how the responsibility of the marketplace and the mechanism for resolving copyright disputes that occur in the marketplace. This research uses normative legal research methods. The results of this study indicate that there is an agreement between the seller/partner/merchant and the marketplace as a digital trading platform provider. From this agreement, the elements of Article 10 of the Indonesia Copyright that state “Managers of business premises are prohibited from allowing the sale and/or reproduction of goods resulted from Copyrights and/or Related Rights infringements in the location under their management.” The dispute resolution mechanism regulated in the Copyright Law consists of litigation (civil and criminal) and non-litigation.
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Rodhiyah, Isyatur, Ifahda Pratama Hapsari, and Hardian Iskandar Iskandar. "Pertanggung Jawaban Pelaku Tindak Pidana Perjudian Online di Indonesia." AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam 4, no. 2 (December 23, 2022): 591–600. http://dx.doi.org/10.37680/almanhaj.v4i2.1986.
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The criminal act of gambling is a crime that is commonly committed by many people, because from gambling people can get multiple wealth from the results of gambling. In Indonesia, the practice of gambling has developed along with the development of technological advances, namely online gambling. This online gambling crime offers many advantages for owners and managers, because in practice the online gambling business scheme no longer requires complicated permits to establish a gambling business via the internet. Based on these conditions, this study wants to explain that Indonesia has legally regulated gambling in several laws and regulations, including those regulated in Article 303 and Article 303 bis of the Criminal Code. Then related to online gambling laws specifically regulated in Article 27 paragraph (2) of the Electronic Transaction Information Law and its amendments. The use of normative legal methods with a statutory approach (staapproach) is carried out carefully by examining and analyzing legal rules relating to the accountability of online gambling crimes in Indonesia. The responsibility of online gambling actors is proven by containing elements of a criminal act. The criminal responsibility of online gambling actors is not only borne by players, but also includes those who give someone the opportunity to play gambling, such as service providers and managers of online gambling platforms.
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Suyoko, Retno Astuti Setijaningsih, and Slamet Isworo. "Study on hospital responsibilities regarding the completeness of medical resumes." Magna Scientia Advanced Biology and Pharmacy 1, no. 2 (January 30, 2021): 021–31. http://dx.doi.org/10.30574/msabp.2021.1.2.0004.
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Objective: Hospitals are legally responsible for the excellent service quality provided to patients based on statutory provisions. Hospital responsibilities in health services include criminal, civil and administrative liability. This study aims to determine the responsibility of the hospital in documenting medical resumes. Methods: The research method used is literature review, through review of research journals related to the completeness of medical resumes that have been published on accredited journal platforms in 2010-2020. This research was conducted in August-October 2020. Results: Analysis of 20 research journals relating to the completeness of medical resumes in the reviewed hospitals, it is known that the completeness of medical resume documents in the hospital is on average 75.80% Only 2 hospitals out of 20 hospitals documented medical resumes in accordance with the minimum hospital service standards. Based on the prevailing laws and regulations, the hospital is not criminally responsible for the incomplete documentation of medical resume, but the hospital is responsible civilian based on the principle of representative responsibility and administratively. Conclusion: The hospital has not optimally documented medical resumes in accordance with the minimum hospital service standards. As a result, the hospital is both civilly and administratively liable. Supervision of the doctor's performance in documenting medical resumes and the role of the medical record committee in ensuring medical staff complete all medical records of patients served is required.
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Larina, Lyubov' Yur'evna. "Comparative analysis of criminal legislation of some European countries and Russia in the area of transportation safety." Вопросы безопасности, no. 4 (April 2020): 1–16. http://dx.doi.org/10.25136/2409-7543.2020.4.34100.
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The subject of this research is the current criminal legislation of a number of European countries and Russia in the area of ensuring transportation safety. Analysis is conducted on legislation of the countries with different legal systems (France, Germany, United Kingdom, and Poland). Special attention is given to the norms that determine the elements of specific offenses. The article also analyzes the penalties that can perform a function of ensuring transportation safety. The author draws parallels between foreign and Russian criminal legislation, outlines their strengths and weaknesses. Due to the rapid development of unmanned vehicles, foreign legislation is examined from the perspective of responsibility for harm inflicted by their usage. The author formulates a number of theoretical conclusions along with practical recommendations targeted at improvement of national criminal legislation. It was established that criminal legislation of the countries under consideration contains the norms aimed at ensuring transportation safety, which relate simultaneously to the description of specific offences and penalties thereof. In many countries, the elements of such offences are differentiated in accordance to various legislative acts. In foreign countries, the elements of offences related to damage or demolition of vehicles or other objects of transport infrastructure are formulated as formal, i.e. they do address any consequences as a mandatory element. Stationary platforms, which play an important role in transport infrastructure, serve as the subject of infringement on transport infrastructure objects. It is underlined that the indicated European countries establish stricter responsibility for the alcohol-related transport crimes than the Russian legislation. There are no special criminal legal norms applicable to unmanned vehicles in the considered legislation.
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Alikhadzhieva, I. S. "New Trends in the Modern Sex Industry and Its Criminological Risks." Actual Problems of Russian Law 16, no. 4 (May 3, 2021): 160–73. http://dx.doi.org/10.17803/1994-1471.2021.125.4.160-173.
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The paper presents an original analysis of the state of the modern sex industry as the largest shadow segment of the Russian economy. The relevance of the study consists in identifying and describing new criminal marketing schemes to maintain the demand for sexual services, which, among other things, contribute to an increase in the rates of sexual exploitation and serious crimes against the individual. The subject of this research is the sex industry as a social phenomenon; its purpose is to describe new trends in its functioning. Based on foreign and Russian criminological sources, the author developed the sex industry concept, identified its structure, and classified the forms of sexual activity and subjects. The novelty of the study is determined by the fact that for the first time the author gives a criminological characteristic of new directions in the development of the sex industry as an economically significant segment of the shadow market. In this regard, criminological risks of deviant sexual behavior are predicted, the development of which can lead to an outbreak of latent criminal violence, fraudulent activities, etc. Based on predictive estimates, in order to reduce the consequences of the massive use of Internet platforms that facilitate virtual transactions for the sale of virginity, sexual services and child pornography, their creators and administrators should be brought to administrative responsibility. In practical terms, the results of the study include proposals on criminal law criteria for distinguishing between these offenses and the argumentation of qualification decisions.
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Boyko, A., T. Dotscenko, and Yu Dolia. "PATTERNS OF FINANCIAL CRIMES USING CRYPTOCURRENCIES." Socio-economic relations in the digital society 2, no. 44 (July 1, 2022): 23–28. http://dx.doi.org/10.55643/ser.2.44.2022.454.
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The cryptocurrency market is rapidly gaining momentum and is becoming an alternative financial platform to the traditional financial trading market. Currently, cryptocurrency is of particular interest to criminals to make illegal profits, such as money laundering, terrorist financing, financing the proliferation of weapons of mass destruction, corruption. The main purpose of the study is to identify information signs that indicate the implementation of illegal financial transactions using cryptocurrencies. Empirical (observation, description) and theoretical (grouping, synthesis, abstraction) research methods were used for this research. According to the results of the study, it is established that the signs of illegal transactions with cryptocurrency are: non-transparent cryptocurrency contracts; encrypted cryptocurrency transactions; impersonal transactions; fragmented systematic transactions into marginal, limited amounts to avoid identification; transactions that do not comply with the approved transaction protocols; currency exchange transactions by unidentified traders; confusing cryptocurrency to other forms of electronic funds in order to withdraw such funds in cash. The authors of the article identify the main agents in the cryptocurrency economy (centralized and decentralized cryptocurrency exchanges, token issuers, distribution services, gaming services, cryptocurrency wallets). The paper describes software products for the identification of illegal cryptocurrency transactions. The results of the study are of practical value to national regulators in strengthening financial stability and combating illegal financial transactions. management of financial institutions to improve the system of counteraction to illegal financial transactions using payment cards, namely the creation of separate bodies for analysis and regulation of fraud in the banking sector, strengthening responsibility for fraud at the legislative level, establishing a single authentication standard for customers, development of open banking.
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YURTLU, Fatih, and Orkun YILDIZ. "DISINFORMATION ACTIVITIES ON SOCIAL MEDIA PLATFORMS AND RESPONSIBILITY IN THE CONTEXT OF CRIMINAL LAW: A CASE REVIEW ON THE TWITTER PLATFORM." İstanbul Ticaret Üniversitesi Sosyal Bilimler Dergisi, September 30, 2022. http://dx.doi.org/10.46928/iticusbe.1148409.
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Many different applications, called social media channels, have been developed. Today, it is seen that some of these applications have become a platform where individual ideas can be shared in written and visual expressions in the public sphere, as well as allowing to follow current developments. Among these platforms, Twitter is the one with the highest number of users for this purpose. The aim of this study is to identify, define, classify and associate criminal law with the statements that carry criminal elements shared on social media platforms, together with the analysis of real data, by conducting a case study specific to Twitter. An explanatory case study was preferred as the research method of this study. As a case study in line with the purpose of our study, the posts made using the relevant hashtags detected on the Twitter Platform regarding the Gezi Park events, which have been on the agenda of Turkey for the last 8 years and which are predicted to be able to share disinformation on social media, have been discussed. The social media analysis method was used in this case analysis to obtain and analyze the data. Thus, disinformation sharing that may require criminal law responsibility in the determined purposive case study will be identified and classified. Subsequently, the relevant posts will be associated with the regulations in the Turkish penal legislation. This study deals with misleading social media posts, and criminal law responsibility in Turkish, limited to Twitter platform shares for the purposefully determined case study event. The contributions of the study to science and society are that it is the first multi-disciplinary collaborative study in the literature that deals with disinformation activities in social media within the scope of criminal law responsibility, classifies these activities and has a content in which it is associated with the relevant regulations of the criminal legislation. The findings obtained and presented in the study may be beneficial for the executive and legislative bodies in reviewing the legal regulations on the subject, raising awareness for other interested parties and contributing to the literature.
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Malak, Sonia. "Editorial in English." International Review of Law 11, no. 2 (October 2022). http://dx.doi.org/10.29117/irl.2022.0218.
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The International Journal of Law has come out with a new issue confirming its international and comparative identity, in which researchers from different legal schools participated in research on a variety of topics, whether related to national law, international law or comparative law, as the International Journal of Law has been an important platform for attracting quality research work. The Journal is a link between researchers and the audience from different parts of the world. The research of this issue was varied and rich. Following is the list of papers that this issue carries: 1.“Termination and Expiration of Work Contract in the Palestinian Labor Law: A Comparative Study,” by Dr. Ahmad Abdel-Wahab Abu Zeineh. 2.“Implementation of the Principle of Government’s No–Fault Liability on the curfew imposed by the Kuwaiti Government due to Corona Pandemic,” by Munira Alnamash Fatma Almohsen. 3.“The Political Tendencies of the Constitutional Judge and their Impact on the Causation of Judgments,” by Oday Tala Mahmood. 4.“Joint Usufruct of Layers and Apartments in the Palestinian Law: A Partner Lease of Common Share,” by Dr. Mahmoud Abd- Almohsen Salameh and Judge Fateh Hamrasheh. 5.“The Role of the Theory of Gross Disparity in protecting the Contractor in the UNIDROIT Principles and Palestinian law: A Comparative Study,” by Dr. Ibrahim Yahya and Dr. Youssef Shandi. 6.“Plea Bargaining Between Reality in Legal Systems and Implementation in Palestine and Qatar: A Comparative and Analytical Study,” by Dr. Mustafa Abdelbaqi and Lama Mrezieq. 7.“The Effect of Fault on Criminal Responsibility: An Analytical Study of the Anglo-Saxon Legal System, by Dr. Eifan. 8.“The Role of Human Rights in Investment Arbitrations: Towards Closer Integration,” by Jassem Al Mulla. 9.“Human Rights of Women: Intersectionality and the CEDAW,” by Buthaina Mohammed Alkuwari. The issue also includes a review of the book “Drafting Legislation in the State of Qatar: Origins, Principles and Standards,” by Mohammed Rashid Alhassan Al-Sulaiti. The editorial board appreciates efforts of all researchers and arbitrators, and we hope that these researches will win the approval of the readers nationally and internationally.
Book chapters on the topic "Platform criminal responsibility"
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Volkov, V. R., and E. L. Sidorenko. "Digital Platforms and Issues of Corporate Criminal Responsibility, Self-regulation." In Proceedings of the International Scientific Conference “Smart Nations: Global Trends In The Digital Economy”, 3–9. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-94873-3_1.
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Vincent, Nicole A., Thomas Nadelhoffer, and Allan McCay. "Law Viewed Through the Lens of Neurointerventions." In Neurointerventions and the Law, 1–30. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190651145.003.0001.
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The development of modern diagnostic neuroimaging techniques led to discoveries about the human brain and mind that helped give rise to the field of neurolaw. This new interdisciplinary field has led analytic jurisprudence and philosophy of law in novel directions by providing an empirically informed platform from which scholars have reassessed topics such as mental privacy and self-determination, responsibility and its relationship to mental disorders, and the proper aims of criminal law. Similarly, the development of neurointervention techniques that promise to deliver new ways of altering people’s minds (by intervening in their brains) creates opportunities and challenges that raise important and rich conceptual, moral, jurisprudential, and scientific questions, and help us to tease apart analytic jurisprudence from synthetic jurisprudence. This volume advances the field of neurolaw by investigating issues raised by the development and use of neurointerventions (actual, proposed, and potential) to regulate human mental capacity, and those raised by the law’s regulation of the use of neurointerventions.