Juridical Analysis of Protection of Bank Customers from Skimming Action Reviewed from Consumer Protection Law

Today technology is growing rapidly including in the banking sector, banks as service providers continue to provide services to facilitate customer transactions, one of which is in the form of an ATM machine (Automatic Teller Machine), besides that customers as consumers in banking services also have the right to get comfort and security for funds entrusted by the customer to the bank, and also the bank is obliged to provide protection and safeguard against crime by third parties with skimming mode, as stipulated in the consumer protection law. The method in this research is normative juridical research. Research data were collected through literature study and interviews with resource persons to obtain primary data and literature studies to obtain primary data. The focus of this research is to find out how the Protection of Bank Customers From the Act of Skimming Viewed from the Consumer Protection Regulation. The results of the study indicate that the form of legal protection for bank customers from acts of skimming in terms of the Consumer protection Act that is legal protection and direct protection, and if there is a skimming action that is detrimental to the customer, and it is proven that there is no element of negligence from the customer, the bank will provide compensation for the amount of money lost.

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Perlindungan Hak Peserta Program Magang di Hotel XYZ Kota Bandung

Jurnal Kepariwisataan: Destinasi, Hospitalitas dan Perjalanan ◽

10.34013/jk.v2i1.18 ◽

2018 ◽

Vol 2 (1) ◽

pp. 21-32

Author(s):

Ananta Budhi Danurdara

Keyword(s):

Legal Protection ◽

Field Research ◽

Secondary Data ◽

Research Literature ◽

Primary Data ◽

Literature Study ◽

Apprenticeship Program ◽

Main Components ◽

The Right ◽

Contractual Rights

Apprenticeship program is one part of the laborrs force in Indonesia, apprentices basically get the same protection with other labors, but in Indonesia there are many industries that do not provide rights that should be given to participants of the internship program. The purpose of this study was to determine, assess, examine and analyze how the legal protection for participants in apprenticeship programs and practices to determine, assess, examine and analyze an obstacle in the implementation of the apprenticeship program. Study used is descriptive nature Analytical. Secondary data was obtained from the research literature and reinforced with Primary Data obtained from interviews daan questionnaire. Stages of the research literature research and field research. Techniques of data collection are through literature study and interviews. Methods of data analysis using Likert method. The results showed that the occurrence of violations of rights protection for participants in the company's apprenticeship program in terms of three main components, namely Statutory Rights, Contractual Rights and Other Rights on the Protection of Rights Internship Program participants have not been frilly implemented in practice yet. This is because there are some companies who do not exercise rights apprenticeship program participants in the form of the right to obtain employment injury insurance and the right to earn pocket money and or transport money and not doing the apprenticeship agreement in writing between the parties with the company's apprenticeship program participants in a company. Other authors propose recommendations for the educational institutions and industry especially Hotel XYZ at Bandung management to address the existing problems. The purpose of these recommendations is to provide input to the hotel in order to provide protection Rights Internship Program Participants in accordance with the rules of government.

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PERLINDUNGAN HUKUM PADA TINDAK PIDANA E-COMMERCE

Perspektif Hukum ◽

10.30649/phj.v18i2.160 ◽

2019 ◽

Vol 18 (2) ◽

pp. 215

Author(s):

Dewi Setyowati ◽

Candra Pratama Putra ◽

Ramdhan Dwi Saputro

Keyword(s):

Electronic Commerce ◽

Consumer Protection ◽

Legal Protection ◽

Legal Basis ◽

Electronic Evidence ◽

Consumer Protection Act ◽

Consumer Rights ◽

Correct Information ◽

Electronic Transactions ◽

The Right

In executing a transaction to buy goods or services online, are required to be clear that the information will not cause consumers to lose. In terms of protecting the consumer, in Act No. 8 of 1999 on Consumer Protection, hereinafter called the Consumer Protection Act are one of the rights that are consumers, namely the right to correct information, clear and honest about the condition and guarantee of the goods and / or services , Then the rights for compensation, restitution and / or compensation, if the goods and / or services received are not in accordance with the agreement or not as it should be. This paper raises issues about how the legal protection of fraud in electronic commerce(e-commerce).The author will describe the victim in electronic commerce according to the study of victimology, the obligation of businesses on the products that will be offered electronically, protection of consumer rights in the conduct of electronic transactions and witnesses of crime that can catch the perpetrators of fraud in electronic transactions. Be consumers must be careful in making transactions although there has been a real UU ITE greatly assist consumers in electronic transactions and utilization activities in the field of information technology and telecommunications (ICT). Previously this sector has no legal basis, but is now increasingly clear that other forms of electronic transactions can now be used as a legitimate electronic evidence.

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Analysis of Islamic Law on Consumer Protection in Hajj and Umrah Business in Indonesia

AL- ADALAH ◽

10.24042/adalah.v18i1.7533 ◽

2021 ◽

Vol 18 (1) ◽

Author(s):

Rahmi Dewanty Palangkey ◽

Kasjim Salenda ◽

Marilang Marilang ◽

A Qadir Gassing ◽

Huilili YuXi ◽

...

Keyword(s):

Consumer Protection ◽

Islamic Law ◽

Legal Protection ◽

Secondary Data ◽

Primary Data ◽

Travel Agency ◽

Consumer Protection Act ◽

Consumer Rights ◽

Travel Agencies

This research is motivated by the failure of thousands of Umrah pilgrims to go to Mecca since 2017 but do not get their rights as consumers. Several facts prove that although regulations related to Hajj and Umrah organizers as well as the Consumer Protection Act have explicitly regulated consumer rights, in reality the pilgrims who are victims of hajj and umrah travel agency fraud are still not getting consumer protection. This research is a descriptive qualitative research using a normative juridical approach. Sources of data used in this study are primary data and secondary data obtained from interviews and document studies. This study concludes that the presence of Law No. 8 of 2019 concerning the Implementation of Hajj and Umrah contains the spirit of upholding consumer protection in the Hajj and Umrah business. However, its success is largely determined by the extent to which the regulator empowers internal supervisors to prevent irresponsible practices of hajj and umrah travel agencies. On this side, unfortunately, the role of guidance, supervision and legal protection carried out by the Indonesian Ministry of Religion as a regulator in protecting Hajj and Umrah pilgrims seems to be still at a very low level.

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PERLINDUNGAN HUKUM TERHADAP KONSUMEN PRODUK PANGAN OLAHAN YANG MENGANDUNG BAHAN REKAYASA GENETIK

Jurnal Dinamika Hukum ◽

10.20884/1.jdh.2010.10.1.141 ◽

2010 ◽

Vol 10 (1) ◽

Author(s):

Suyadi Suyadi

Keyword(s):

Genetic Engineering ◽

Consumer Protection ◽

Legal Protection ◽

Food Products ◽

Genetically Engineered ◽

Consumer Protection Act ◽

Genetically Engineered Food ◽

The Right ◽

Material Substances

Obligation to write a description of genetically engineered food manunjukkan does not mean that the product of genetic engineering that use materials are not safe, but the subscription is more information, because basically the food products that have been circulating in the market is a product that is safe for consumption means that products are free from material substances that are harmful to humans and how the processing should ensure the safety of the product, therefore the information in the form of inclusion of the words "Food Genetic Engineering" is intended to meet the consumers' right to choose the right form of goods or services to be consumed, which in this case is part of legal protection for consumers.Keywords: Protection Law, Consumer Protection Act, Genetic Engineering of Food, Consumer, Entrepreneur

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LEGAL PROTECTION FOR THE LOSS OF THE PASSENGER OF ONLINE TRANSPORTATION

Yustisia Jurnal Hukum ◽

10.20961/yustisia.v8i2.34156 ◽

2019 ◽

Vol 8 (2) ◽

pp. 220

Author(s):

Pujiyono . ◽

Umi Khaerah Pati

Keyword(s):

Service Providers ◽

Legal Protection ◽

Legal Responsibility ◽

Service Users ◽

Literature Study ◽

Positive Law ◽

Application Service ◽

Transportation Service ◽

Data Collection Technique ◽

The Right

Online transportation shall provide a security, comfort and safety guarantee for service users, however it is not performed in the application. Service users still have not guaranteed their rights as consumers. In the case the consumer suffers a loss, it is remain undetermined how compensation may be granted, therefore it demands an equal legal protection. Facing this condition, Law Number 8 of 1999 on The Consumer Protection has not yet stipulated slear provision regarding this matter, likewise the online transportation service users and service providers are only bound in limited aspects. The research method of this reasearch is normative legal research only focusing on the issues raised, discussed and elaborated with applying the rules or norms in positive law, using Statutory Approaches and Conceptual Approaches, with primary and secondary legal materials. The data collection technique used is literature study. The analysis technique used is the deductive method. The results showed that there was an legal relationship between service users and online transportation service providers. Consumers have the right to get protection in the form of responsibility for information, legal responsibility for services provided and responsibility for security and comfort. However, for the losses suffered, legal protection for losses incurred by passengers in online transportation mode is still poor due to lack of regulations and the undetermined standard regulations specifically in regulating online transportation modes.

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PERLINDUNGAN HUKUM BAGI KONSUMEN DALAM PERJANJIAN BAKU JUAL BELI PERUMAHAN DENGAN PIHAK PENGEMBANG DI BALI

Acta Comitas ◽

10.24843/ac.2016.v01.i02.p08 ◽

2016 ◽

Author(s):

A.A Gde Agung Brahmanta ◽

Ibrahim. R ◽

I Made Sarjana

Keyword(s):

Consumer Protection ◽

Bargaining Power ◽

Legal Protection ◽

Secondary Data ◽

Primary Data ◽

Standard Contract ◽

Consumer Protection Act ◽

Real Estate Developer ◽

The Status ◽

Data Source

The rapid population growth makes the need for homes also increase. There are many emerging developer companies that offer home that could be obtained on credit. Real Estate Developer parties usually make an agreement with consumers in the form of standard contract, so that the consumers here have no bargaining power but to accept what is specified by the developer. This causes consumer to have less legal protection as opposed to what is contained in the provisions of Law No. 8 of 1999 concerning Consumer Protection. The problem faced is how the position of the buyers as consumers in the purchase of standard agreement of housing, as well as how the legal protection that can be provided to the consumer in the standard housing sale and purchase agreement with developers in Bali. This research is empirical legal research whose objects of study are the terms and provisions regarding the enforcement or implementation of normative law (codification, law or contract) is in action / in abstracto on any legal events that occur in the community (in concreto). The data source used in this study is primary data and secondary data. The results of this study indicate that the Status of the buyer as a consumer in the standard housing sale and purchase agreement has a weaker position compared to the business party (developer), this is because the purchase agreement offered by the business is made in the standard contract format so that consumers do not have bargaining power over what is contained in the clauses of the home purchase agreement. Legal protection that can be provided to the consumer in standard housing sale and purchase agreement with developers in Bali, namely if in the field there is a breach of the provisions set out in the Consumer Protection Act, a developer as the party carrying out the business can legally be sued by consumers as parties who feel aggrieved, then other measures are that a developer must also adjust the standard clause in the purchase and sale agreement that it offers is still at odds with this Law.

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Perlindungan Hukum atas Kerugian Nasabah Asuransi Terhadap Kasus Gagal Bayar Ditinjau dari Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen

Kosmik Hukum ◽

10.30595/kosmikhukum.v21i2.9995 ◽

2021 ◽

Vol 21 (2) ◽

pp. 66

Author(s):

Wafa Nurul Inayah ◽

Marsitiningsih Marsitiningsih

Keyword(s):

Consumer Protection ◽

Legal Protection ◽

Secondary Data ◽

Insurance Companies ◽

Insurance Company ◽

Insurance Policy ◽

Literature Study ◽

Consumer Law ◽

The Right

Legal protection for insurance policyholders is essential because it is associated with standard agreements in insurance agreements. In essence, since the signing of the insurance policy, the insured has received less legal protection because the content or format of the agreement is more beneficial to the insurance company. The unequal position between insurance policyholders and insurance companies and the application of standard agreements causes the function of legal protection for insurance policyholders to be questioned. This study discusses how the legal protection for insurance customer losses against default cases in terms of Law Number 8 of 1999 concerning Consumer Protection and the obstacles in legal protection for insurance customer losses against default cases in Law Number 8 of 1999 About Consumer Protection. The method used in this research is the normative juridical method carried out through a literature study that examines secondary data. Insurance customers, in this case, are consumers who use insurance services which, in carrying out their activities, have the right to obtain legal protection from anything that will harm the consumer. Law Number 8 of 1999 concerning Consumer Protection has clearly stated the legal protection provided for consumers using services or insurance customers, namely by making every effort to achieve legal protection for customers.Keywords: Legal Protection, Insurance, Default

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Legal Protection Against Bank Customers in Review of Banking Laws

International Journal of Educational Research & Social Sciences ◽

10.51601/ijersc.v1i1.7 ◽

2021 ◽

Vol 1 (1) ◽

pp. 1-6

Author(s):

S Sriono ◽

Sri Dewi ◽

Miftah Hulzannah ◽

Maria Panggabean ◽

Riki Afri Rizki

Keyword(s):

Consumer Protection ◽

Deposit Insurance ◽

Banking Sector ◽

Legal Protection ◽

Regulatory Control ◽

Customer Complaints ◽

Consumer Protection Act ◽

Banking Regulations ◽

Conventional Banks ◽

Laws And Regulations

Legal protection for customers is reviewed in terms of banking laws and regulations, such as Law Number 21 of 2008 concerning Islamic banking. Both Islamic banks and conventional banks with regulatory control must comply with general banking regulations. Act Number 7 of 1992 concerning Banking. The Banking Law which regulates amendments to Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1999. there is an obligation for banks to become members of the Deposit Insurance Corporation (LPS) so as to provide protection for depositors customers against their deposits and the existence of customer rights conduct customer complaints, and use banking mediation forums for simple, cheap, and fast dispute resolution. Legal protection for customers in terms of the Consumer Protection Act lies in the obligation for banks to heed the procedure for making standard clauses.Settings via The Consumer Protection Law which is closely related to legal protection for customers as banking consumers is the provision regarding standard clauses. Meanwhile, from the laws and regulations in the banking sector, the provisions that provide legal protection for bank customers as consumers include the introduction of the Deposit Insurance Corporation (LPS) in Law Number 10 of 1998. At the technical level the legal umbrella protecting customers includes the existence of arrangements regarding the settlement of customer complaints and banking mediation in a Bank Indonesia Regulation (PBI).

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PERLINDUNGAN HUKUM TERHADAP DEBITUR PADA PERJANJIAN PEMBIAYAAN KONSUMEN DENGAN PEMBEBANAN JAMINAN FIDUSIA

UNES Law Review ◽

10.31933/unesrev.v2i3.124 ◽

2020 ◽

Vol 2 (3) ◽

pp. 299-320

Author(s):

Subadra Yani

Keyword(s):

Consumer Protection ◽

Financial Services ◽

Motor Vehicle ◽

Legal Protection ◽

Field Studies ◽

Motor Vehicles ◽

Primary Data ◽

Consumer Protection Act ◽

Finance Company ◽

Library Studies

Consumer financing is financing activities for the procurement of goods based on consumer needs with installment payments regulated in Article 1 number 7 of Presidential Regulation No. 9 of 2009 concerning Financing Institutions. To reduce losses if debtors default, the financing of motor vehicle consumers is charged with fiduciary guarantees regulated in Law Number 42 of 1999 concerning Fiduciary guarantees. In practice, the implementation of consumer financing for motor vehicles often results in problems that harm the debtor (consumer) especially when the acquisition of fiduciary collateral items if the debtor (consumer). therefore it is necessary to conduct research on how the legal protection of debtors in consumer financing agreements with the imposition of fiduciary guarantees. The data used are secondary supporting data collected through library studies and primary data as supporting data conducted through field studies using interview techniques. The results of the study found that: legal protection for debtors in consumer financing agreements with the imposition of fiduciary guarantees has been regulated in several relevant laws and regulations, namely the Consumer Protection Act, the Fiduciary Guarantee Act, the Financial Services Authority Act and the implementing regulations. If a consumer is harmed by a finance company, the debtor (consumer) can sue the finance company because of an unlawful act and may even ask for a criminal act.

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ANALISIS YURIDIS PERJANJIAN JUAL BELI MELALUI MEDIA ELEKTRONIK BERDASARKAN KUH PERDATA DAN UNDANG - UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK

Ar-Risalah: Media Keislaman, Pendidikan dan Hukum Islam ◽

10.29062/arrisalah.v18i1.339 ◽

2020 ◽

Vol 18 (1) ◽

pp. 114

Author(s):

Anggit Rahmat Fauzi ◽

Ansari Ansari

Keyword(s):

Descriptive Analysis ◽

Legal Protection ◽

Secondary Data ◽

Electronic Media ◽

Primary Data ◽

The Internet ◽

Legal Problem ◽

Civil State ◽

Consumer Protection Act ◽

The People

The utilization of e-commerce media in the trading world brings impact to the international community in general and the people of Indonesia in particular. For Indonesian people, This is related to a very important legal problem. The importance of law in the field of e-commerce is mainly in protecting the parties who transact through the Internet. The purpose of this study is to know the legal review of the buying and selling agreements through electronic media as well as to know the legal protections for sellers and buyers if one of the parties commits a default. The research uses a normative juridical method of approach and the discussion is done in a descriptive analysis. The source and type of data used are primary data and secondary data. While the data collection techniques using literature studies, and the data obtained will be analyzed qualitatively. The agreement to buy and sell through electronic media is a new phenomenon that has been implemented in various countries and regulated in the Civil state nor law ITE. Legal protection for the parties in the sale and purchase agreements through electronic media is governed by the consumer protection ACT. Any breach must respond to any loss arising from his or her actions.

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