scholarly journals Pendekatan Holistik Transportasi Berbasis Aplikasi dalam Kerangka Hukum Perlindungan Konsumen

2019 ◽  
Vol 31 (1) ◽  
pp. 45
Author(s):  
Agus Suwandono
Keyword(s):  
Consumer Protection ◽  
Public Transport ◽  
Research Method ◽  
Legal Protection ◽  
Legal Certainty ◽  
The Government ◽  
Other Consumers

AbstractRegulations of transportation based applications still get a rejection, while the government as the regulator may concern to provide protection for public transport providers and consumers. This research method is the juridical normative with descriptive analytical specifications. The results showed that the regulations of the transportation-based application should pay attention to the interests of consumers, businessperson and the government. In addition, there are no regulation abaut ojek online causes the absence of legal certainty to the existence of ojek online. Legal protection of the consumer transportation based applications in some aspects have fulfilled this aspect of consumer protection, by remaining attentive to the rights of other consumers. IntisariPengaturan transportasi berbasis aplikasi masih saja mendapatkan penolakan, sementara pemerintah selaku regulator berkepentingan untuk memberikan perlindungan bagi angkutan konvensional dan konsumen. Penelitian ini bersifat yuridis normatif dengan spesifikasi deskriftif analitis. Hasil penelitian menunjukkan bahwa pengaturan transportasi berbasis aplikasi harus memperhatikan kepentingan konsumen, pelaku usaha dan pemerintah. Selain itu, tidak diaturnya ojek online menyebabkan tidak adanya kepastian hukum terhadap keberadaan ojek online. Perlindungan hukum terhadap konsumen transportasi berbasis aplikasi dalam beberapa aspek telah memenuhi aspek perlindungan konsumen, dengan tetap memperhatikan hak-hak konsumen yang lainnya.

scholarly journals Consumer Protection on Nonofficial Drugs Case in Indonesia: How Far the Legal Protection is?

2021 ◽  
Vol 7 (4) ◽  
pp. 459-472
Author(s):  
Chatrin Intan Sari
Keyword(s):  
Consumer Protection ◽  
Research Method ◽  
Legal Protection ◽  
Illegal Drugs ◽  
Know How ◽  
Consumer Law ◽  
Consumer Rights ◽  
The Government ◽  
The Right

The purpose of this study is to know how the legal protection for consumers on the circulation of illegal drugs and how the accountability of business actors on the circulation of illegal drugs. By using normative juridical research method this study found that the legal protection to consumers on the circulation of illegal drugs conducted by the government through the Agency of Drugs and Food. The Agency highlighted that the attention that the government has run its supervision. In addition, the protection of consumer law arising from the existence of rights and obligations set forth in Article 4 letters a and c, article 7 letters a and d, article 8 paragraph 1 letter a, d and e of Law Number 8 Year 1999 concerning Consumer Protection. The fulfilment of consumer rights over security, the right to be heard, the correct, clear, and honest information regulated in the UUPK is still not fulfilled. Article 98 paragraph 2, Article 106 paragraph 1 and 2 of Law Number 36 Year 2009 on Health. The business actor is responsible as the manufacturer of the goods because the importer of the goods is not an agent or official importer. The business actor who is an individual shall be liable for the losses incurred even if only as an importer not as a producer of the goods. 

scholarly journals KEDUDUKAN HUKUM PERUSAHAAN BENTUK USAHA TETAP (PERMANENT ESTABLISHMENT) DALAM DIMENSI HUKUM PENANAMAN MODAL DI INDONESIA

2014 ◽  
Vol 3 (3) ◽  
Author(s):  
Putu Ratih Prabandari
Keyword(s):  
Foreign Investment ◽  
Research Method ◽  
Legal Protection ◽  
Legal Certainty ◽  
Permanent Establishment ◽  
Legal Position ◽  
Investment Law ◽  
Rights And Interests ◽  
The Government

Companies with a permanent establishment is a form of a business carried on in Indonesia, carried out either by an individual or entity whose establishment was not done in Indonesia. The company with a permanent establishment differences with the concept of establishment permitted by the Investment Act. Starting from the concept, which raised the question of how the legal position of the company with a permanent establishment in the perspective of the Investment Law. The general objective of this study is an attempt to develop jurisprudence in relation to the company's legal position with a permanent establishment under the Investment Law. This normative research method, to examine the books and legal materials related to the issue under study. Companies with a permanent establishment in Indonesia is foreign investment, it is appropriate for the government is required to provide legal protection to the investors, including protecting the rights and interests of investors in investing in Indonesia. In order for them to get their rights in accordance with the laws mandated, so the investment law are expected to protect the interests of the parties who invest either directly or indirectly involved in Indonesia. Guarantee legal certainty to investors, so the investment is economically capable of generating profits for investors.

scholarly journals Legal Protection of Brand Rights Holders for Brands Counterfeiting in E-Commerce in Indonesia

2020 ◽  
Vol 7 (2) ◽  
pp. 96-101
Author(s):  
Gede Angga Prawirayuda ◽  
I Nyoman Putu Budiartha ◽  
Ni Luh Made Mahendrawati
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Moral Rights ◽  
Legal Certainty ◽  
Legal Research ◽  
Economic Rights ◽  
Domain Names ◽  
The World ◽  
The Government ◽  
Internet Networks

The most detrimental thing is the use of domain names on internet networks that often use company name, brand and services without permission from the brand owner. The position of the brand is very important in the world of advertising and marketing. That happens because consumers in choosing a product related to the reputation of a brand, based on a sense of trust in the experience in using products with that brand. Aside from being a differentiator of a product with other products, a brand is also a valuable and commercial asset that has moral rights and economic rights. This study aims to analyse the preventive and repressive legal protection of trademark rights holders in e-commerce transactions. This research was conducted using the normative legal research method. The results of this study indicate that the preventive legal protection of trademark rights holders in e-commerce transactions is to register the trademark. The emphasis on preventive protection in this research is related to guarantees of the exercise of rights for brand rights holders in e-commerce transactions. That the presence of the government by drafting the Electronic Commerce Act and conducting socialization related to the legal protection of the parties in e-commerce is expected to be able to provide legal certainty of legal protection. Repressive legal protection in resolving trademark disputes is expected to create a guarantee for the enforcement of the rights of registered trademark rights holders in e-commerce transactions. Settlement of trademark disputes in e-commerce transactions can be done in 2 (two) ways, namely litigation and non-litigation.

scholarly journals Penegakan Hukum Pajak Melalui Penggunaan Sandera Pajak Dalam Penagihan Utang Pajak Di Indonesia

2021 ◽  
Vol 2 (2) ◽  
pp. 73-81
Author(s):  
Yeni Nur Arifin
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
State Revenue ◽  
Finance Development ◽  
The Law ◽  
The Government

Taxes make a major contribution to the source of state revenue which is used to finance development in Indonesia. However, there are still many taxpayers / tax insurer who are not compliant in paying taxes. The problems in this study are why the government uses tax hostages in collecting tax debts, how hostages are used as a means of force in collecting tax debts and how hostage-taking is viewed from a juridical aspect. The research method used in this research is normative legal research method. The result of the research is that there are several factors that become the reasons for tax hostage taking. The government (fiskus) in collecting tax debt with tax hostages has been carried out in accordance with the provisions of the law. Based on the aspect of legal certainty, tax hostages in Indonesia already have a legal umbrella, namely Law no. 9 of 2000 and several other regulations. From the aspect of justice, legal protection is provided to taxpayers / tax insurer who are subject to tax hostages. From the benefit aspect, the application of tax hostages is beneficial in increasing taxpayer compliance.

scholarly journals Restraint of Overseas Personal Shopper as a Form of Legal Protection for Authorized Stores in Indonesia

NORMA ◽  
2021 ◽  
Vol 18 (1) ◽  
pp. 18
Author(s):  
Suweni Efrin
Keyword(s):  
Consumer Protection ◽  
Research Method ◽  
Legal Protection ◽  
Face To Face ◽  
Business People ◽  
Consumer Protection Act ◽  
Study Results ◽  
The Government

Nowadays, many business people use personal shopper because they also provide benefits in addition to being more effective and efficient. After all, the activities of designated personal shoppers are carried out without face to face. In different regions, this also creates many problems related to both parties' agreements in conduct buying and selling activities and how the validity of the deal that occurs between the two parties. The research method used is normative research method, which is based on the legislation and is carried out with a statutory approach, namely BW and Law Number 8 of 1999 concerning Consumer Protection. Based on the study results, it can be concluded that the agreement made between the two parties is only based on understanding. The agreement contained is generally anonymous, and the deal is obligatory. Second: The Government's way to control personal shopper services is based on the Consumer Protection Act if a violation of law is committed by one of the parties. Control efforts that the government can do are limited to guidance and supervision.Keywords: Personal Shopper, Agreements, Overseas

scholarly journals Legal Protection for Consumer of the Unlicensed Vapor from Drug and Food Supervisory Agency

FIAT JUSTISIA ◽  
2018 ◽  
Vol 11 (4) ◽  
pp. 371
Author(s):  
Dedhi Bima Samudra ◽  
Noor Fatimah Mediawati ◽  
M Tanzil Multazam ◽  
Emy Rosna Wati
Keyword(s):  
Research Methods ◽  
Consumer Protection ◽  
Research Method ◽  
Legal Protection ◽  
Subsequent Research ◽  
The Law ◽  
The Republic ◽  
The Government ◽  
Liquid Vapor

This research begins with the number of liquid vapor which spread in Indonesia that is not licensed by BPOM, and there is no clear law for liquid vapor, so there is no clarity from legal protection against liquid vapor consumers who are not licensed by BPOM. Therefore, in this research, the formulation of the problem is as follows: Is there legal protection against liquid vapor consumers who are not licensed by BPOM? The purpose of this research is to determine whether there is legal protection against liquid vapor consumers who are not licensed by BPOM. So this research can be useful for subsequent research that has the same theme and beneficial to researchers, liquid vapor consumers and also for the government. The research method used is the normative method. Normative research methods use the statute approach. The result of the research shows that there is a legal protection for liquid vapor consumer who is not licensed by BPOM, which is reviewed from the Law of the Republic of Indonesia Number 36 Year on concerning the health of Article 113 paragraph (1) and Article 114, Law of the Republic of Indonesia Number 8 Year 1999 on Consumer protection Article 8 paragraph (1) c and paragraph (1) i, Regulation of the Head of the Food and Drug Supervisory Agency of the Republic of Indonesia Number 4 Year 2017 on the Supervision of the Importation of Drugs into the Territory of Indonesia Article 4 paragraph (1). Keywords: Legal Protection, Consumer, Liquid-Vapor

scholarly journals MODEL PENCEGAHAN PRAKTIK KARTEL IMPOR DAGING SAPI DIKAITKAN DENGAN DAYA BELI MASYARAKAT

2018 ◽  
Vol 10 (1) ◽  
pp. 78
Author(s):  
IDANG RIYADI ◽  
TN SYAMSAH
Keyword(s):  
Consumer Behavior ◽  
Research Method ◽  
Legal Protection ◽  
Market Condition ◽  
Purchasing Power ◽  
Legal Certainty ◽  
Fixed Amount ◽  
Before And After ◽  
The Government ◽  
Import Trade

The ability of consumer purchasing power of beef after cartel practice is the effect of the increase of beef price to consumer behavior varies, among others there are buy in fixed amount before and after price increase, there is a decrease the quantity of purchase and some are switching to consume chicken meat. Legal protection is preventively applied to provide legal protection and legal certainty for consumers so that with the prevention of the government in making policy or drafting legislation more carefully so that the interests of consumers or the wider community is not neglected. The purpose of this study is to discuss how to regulate beef imports in Indonesia, the implementation of beef imports categorized as cartels, as well as legal protection for consumers of beef as a result of the practice of imported cartels. The research method used in this research is the normative juridical approach, namely the law is conceptualized as norms, rules, principles or dogmas / jurisprudence. The results of this research are: 1) The regulation on beef import trade in Indonesia has undergone many changes following the market condition, 2) The form of violation of beef import trade in Indonesia occurring in Jabodetabek area is a cartel practice violating Article 11 of Law no. 5 Year 1999, 3) Business activities are not always done honestly by business actors. The act of business actor is not infrequently to the consumer, it is necessary to protect the consumer's rights.

scholarly journals Pelindungan Konsumen dalam Transaksi Dagang Melalui Sistem Elektronik (Consumer Protection in E-Commerce)

2019 ◽  
Vol 10 (1) ◽  
pp. 1-25
Author(s):  
Sulasi Rongiyati
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Research Method ◽  
Government Regulation ◽  
Legal Protection ◽  
Electronic System ◽  
The Common ◽  
The Government ◽  
Common Situation ◽  
Research Show

E-commerce in Indonesia is continuing to grow. As a transactions with a special characteristic which involves parties across many jurisdictions without having to be physically present, a form of legal protection is highly required for the consumers. Through the normative juridical research method, this paper examines consumer protection in trade transaction through electronic system (E-Commerce) and its dispute resolution. The result of the research show that the consumer protection cannot be maximally implemented because regulating it is still distributed in several laws and requesting implementing regulations. In addition, Law No. 8 of 1999 on Consumer Protection has not been able to extend consumer protection in the electronics’ trade transactions / e-commerce as a whole, especially in the common situation where parties have jurisdictional differences. Whereas in the case of consumer disputes, the parties can take the matter through litigation (on court) as well as non-litigation (off court), in accordance to the agreement agreed by the parties. Nevertheless, the alternative online dispute resolutions can be implemented in full. This research recommends that the Government shall immediately form a Government Regulation related on trade/commerce transactions through an electronic system and to regulate online dispute resolutions. AbstrakTransaksi dagang melalui sistem elektronik di Indonesia terus berkembang. Sebagai transaksi yang memiliki karakteristik khusus yang melibatkan para pihak lintas yuridiksi tanpa harus bertemu fisik, sangat diperlukan pelindungan hukum bagi konsumen. Melalui metode penelitian yuridis normatif, tulisan ini mengkaji pelindungan konsumen dalam transaksi dagang melalui sistem elektronik dan penyelesaian sengketanya. Hasil penelitian menunjukan pelindungan terhadap konsumen pada transaksi dagang melalui sistem elektronik belum dapat dilakukan secara optimal karena pengaturannya masih tersebar dalam beberapa Undang-Undang (UU) yang memerlukan peraturan pelaksanaan. Di samping itu UU No. 8 Tahun 1999 tentang Perlindungan Konsumen belum mampu menjangkau pelindungan konsumen dalam transaksi dagang secara elektronik secara keseluruhan, khususnya dalam hal para pihak memiliki perbedaan yurisdiksi. Sedangkan dalam hal sengketa konsumen, para pihak dapat menempuh jalur pengadilan maupun di luar pengadilan sesuai kesepakatan para pihak, namun alternatif penyelesaian sengketa secara online dapat dilaksanakan secara penuh. Penelitian ini menyarankan kepada pemerintah untuk segera membentuk Peraturan Pemerintah tentang transaksi dagang melalui sistem elektronik dan mengatur mengenai penyelesaian sengketa secara online.

scholarly journals PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP PEMBONGKARAN RUMAH DAN SERTIFIKAT YANG TIDAK SELESAI DALAM PEMBELIAN RUMAH SECARA KREDIT (Studi Kasus Jual Beli Rumah Di Cikarang)

2018 ◽  
Vol 1 (1) ◽  
pp. 192
Author(s):  
Tia Monica Ifana ◽  
A.M Tri Anggraini
Keyword(s):  
Consumer Protection ◽  
Research Method ◽  
Legal Protection ◽  
Housing Construction ◽  
Legal Certainty ◽  
Housing Scheme ◽  
Trading Activities ◽  
Housing Industry

Legal protection for consumers means all government efforts to ensure legal certainty to provide protection to its citizens so that their rights as a citizen is not violated, and for those who violate will be subject to sanctions in accordance with applicable regulations. consumer protection at this time can not be separated from trading activities, in trade activities such as housing construction is expected to create a balance of rights and obligations between business actors and consumers. but the housing scheme often involves some problems that can hurt the consumer housing industry, because there are still many developers who only seek profits as big as possible without thinking about the needs of consumers, with the rights of consumers who violated the need for legal protection and responsibility of the perpetrator business based on Article 19 UUPK. The research method used by the writer is normative research method supported by interview with resource person. A brief analysis of this journal is titled by the author. Conclusions and suggestions about the issues studied by the author.

scholarly journals PERLINDUNGAN HUKUM PENGGUNA JALAN DARI ANGKUTAN UMUM ONLINE PADA PENGGUNAAN TELEPON SAAT MENGEMUDI KENDARAAN

PRANATA HUKUM ◽  
2019 ◽  
Vol 14 (2) ◽  
pp. 120-130
Author(s):  
Rissa Afni Martinouva
Keyword(s):  
Mobile Phone ◽  
Public Transport ◽  
Public Transportation ◽  
Research Method ◽  
Legal Protection ◽  
Road Users ◽  
Communication Devices ◽  
The Government ◽  
The Right ◽  
Traffic Rules

Public transportation at this time was modified by ordering technology that can be ordered online. The process of ordering this transportation tool is through an application on a smartphone or android mobile phone. Online public transportation must still comply with traffic rules. Road users other than online public transportation must also be given legal protection and together enjoy the convenience of means of traffic. The research method used is normative juridical and observation. The reason for legal protection is given to road users because as citizens who have the right to enjoy the comfort and safety of public shared road facilities. Observations made that with the attachment of communication devices on public transport online this proves the telephone is used while driving a vehicle. Communicating via telephone while driving a vehicle will cause an accident that will harm other road users. Legal protection for road users is clearly enforced through Law No. 22 of 2009 concerning LLAJ against the prohibition for motorists who carry out other activities or are affected by a situation that results in a concentration disturbance. Online motorcycle taxis should be disciplined so as not to use a telephone when driving a vehicle. The government needs to provide legal protection for road users from online public transportation in the form of a ban on the use of telephones while driving.

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