Pengawasan terhadap Transaksi Bisnis E-Commerce dalam Mewujudkan Perlindungan Konsumen

E-commerce is a buying and selling activity carried out via the internet with electronic media. Based on this, two problems were raised as follows: 1). What are the aspects of consumer protection against electronic business transactions, 2). How to regulate the control of electronic business transactions in ensuring the implementation of consumer rights. The research method used in the preparation of this research is normative with a statutory approach and a conceptual approach, namely analyzing the problems to be discussed through legal concepts taken from several books and literature that have relevance to the problem. The data sources used are primary data, namely through statutory regulations, secondary data, namely using legal theory and experts, and tertiary data, namely related to legal dictionaries and encyclopedias. The technique of collecting data is through the method of recording legal materials and collecting references used. The data analysis used systematic legal interpretation and legal argumentation based on deductive logic. However, all the benefits that are offered, there is a concern about the responsibility of online companies to online consumers considering so many online companies. The Trade Law and the Consumer Protection Act are the basis for trading in online trading and / or in conventional trading. In this case the need for supervision in order to improve harmony in each application. The results showed that the aspect of protection was carried out by defending the rights of consumers against the disturbance of other parties. In order to increase awareness, knowledge, concern and independence of consumers, especially in choosing, determining and demanding their rights as consumers. There are several principles in consumer protection, namely the principle of benefit, the principle of justice, the principle of security and safety, the principle of balance, the principle of legal certainty.

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Notary’s Responsibility in Making of Deed Due to Land Acquisition Containing Criminal Corruption

ALHURRIYAH Jurnal Hukum Islam (ALHURRIYAH JOURNAL OF ISLAMIC LAW) ◽

10.30983/alhurriyah.v5i1.2331 ◽

2020 ◽

Vol 5 (1) ◽

pp. 22

Author(s):

Yogi Maron ◽

Ismansyah Ismansyah ◽

Azmi Fendri

Keyword(s):

Legal Theory ◽

Secondary Data ◽

Land Rights ◽

The State ◽

Land Acquisition ◽

District Court ◽

Primary Data ◽

Prison Sentence ◽

Ethics Code

As happened to the Notary Eli SatriaPilo, S.H, Mkn, who was appointed as the Notary who made the Deed of Relinquishment of Land Rights in the Land Acquisition activities for the Construction of Campus III of the State Islamic Institute (IAIN) of Padang which was located in Sungai Bangek District, Padang in 2010. The method used was descriptive, in which describing the applicable legislation associated with legal theory in the facts and realities about the Notary’s Responsibility in Making Deed of Land Acquisition for the construction of Campus III of IAIN Padang in Sungai Bangek. This study used a Normative Juridical approach, in which researching by using and processing secondary data or literature related to the study. The data collected were in the form of primary data obtained from the District Court of Padang, secondary data obtained from secondary legal materials and primary legal materials. Based on the study, it was found that the role of Notary Eli Satria Pilo, in the land acquisition of campus III IAIN was proven to have misused the authority resulting in violation of the Notary Ethics Code and was responsible for accepting termination disrespectfully. Furthermore, he was also shown to be committing a Criminal Corruption made based on the Deed of Relinquishment of Land Rights in the land acquisition for the construction of Campus III of IAIN Padang, so that the State incurred losses of Rp. 1.946.701.050 (one billion nine hundred forty-six million seven hundred one thousand and fifty rupiahs). And he was responsible for receiving and carrying out the sentence that had been handed down by the District Court of Padang, a prison sentence of 4 (four) years, and paying a fine of Rp. 200.000.000 (two hundred million rupiahs).

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Perlindungan Konsumen Terhadap Penipuan yang dilakukan Broker Forex Ilegal

Jurnal Interpretasi Hukum ◽

10.22225/juinhum.2.2.3426.281-286 ◽

2021 ◽

Vol 2 (2) ◽

pp. 281-286

Author(s):

I Made Aswin Ksamawantara ◽

Johannes Ibrahim Kosasih ◽

I Made Minggu Widyantara

Keyword(s):

Foreign Exchange ◽

Consumer Protection ◽

Legal Protection ◽

Secondary Data ◽

Data Sources ◽

Primary Data ◽

Money Markets ◽

Legal Sanctions ◽

The Government ◽

The Guardian

The phenomenon of Foreign Exchange (Forex) that runs in the investment sector and can help the development of Indonesia. Currently forex is a trend that is endemic and attracts the attention of many parties, both investors and the public in general. Foreign exchange or forex is a type of trade or transaction that trades the currency of a country against the currencies of other countries involving the main money markets in the world for 24 hours continuously, so in this case a legal protection is needed. The purpose of this research is to analyze legal protection in Forex transactions and legal sanctions imposed by the government on illegal Forex broker activities. This research uses a normative method that with a statutory approach. Sources of data used are primary data sources and secondary data sources. After primary legal data and secondary legal data are collected, the data will then be processed and analyzed using systematic legal data processing methods. The results showed that the alleged fraudulent investment fraud case under the guise of forex trading involved illegal brokers from the Guardian Capital Group (GCG) Asia, which harmed consumers. In line with that, the government issued a legal rule, namely Law No.8 of 1999 concerning Consumer Protection. The Consumer Protection Law that has been set by the government is the legal basis that is accurate and full of optimism in protecting consumer rights.

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KEWENANGAN BADAN PENYELESAIAN SENGKETA KONSUMEN DALAM MENANGANI SENGKETA ANTARA PT. SINAR MENARA DELI DENGAN SARI ALAMSYAH

Jurnal Hukum Adigama ◽

10.24912/adigama.v2i2.6538 ◽

2019 ◽

Vol 2 (2) ◽

pp. 392

Author(s):

Samuel Samuel ◽

Siti Nurbaiti

Keyword(s):

Dispute Resolution ◽

Consumer Protection ◽

Dispute Settlement ◽

Secondary Data ◽

District Court ◽

Primary Data ◽

Legal Research ◽

Consumer Protection Act ◽

The Law ◽

The Republic

In principle, the resolution of consumer disputes can be pursued peacefully. through an alternative mediation dispute resolution. In Law Number 8 of 1999 concerning Consumer Protection and Regulation of the Minister of Trade of the Republic of Indonesia Number 6 / M-DAG / PER / 2017 concerning the Consumer Dispute Settlement Body does not impose limits on the authority of BPSK in handling and adjudicating a consumer dispute. However, in reality many times the decisions of the Consumer Dispute Settlement Body (BPSK) are submitted to the district court and stated that BPSK is not authorized to handle such disputes. How is the authority of the Consumer Dispute Resolution Board in handling disputes between PT. Sinar Menara Deli and Sari Alamsyah are the issues discussed. The method used in this research is descriptive normative legal research, using secondary data and primary data as supporting data with the law approach. The results of the study illustrate that BPSK is not authorized to handle disputes between PT. Sinar Menara Deli with Sari Alamsyah, because the business actors in this dispute have submitted a refusal to be resolved through BPSK and not achieving the requirements for consumer disputes. It is recommended that BPSK members pay more attention to the provisions in the Consumer Protection Act and other regulations concerning the Consumer Dispute Settlement Body.

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KEDUDUKAN ADVOKAT DALAM PASAL 5 UNDANGUNDANG NOMOR 18 TAHUN 2003 TENTANG ADVOKAT PERSPEKTIF HUKUM

JURISDICTIE ◽

10.18860/j.v5i2.4019 ◽

2017 ◽

Vol 5 (2) ◽

pp. 188

Author(s):

Adib Khoirul Umam

Keyword(s):

Law Enforcement ◽

Islamic Law ◽

Legal Theory ◽

Secondary Data ◽

Primary Data ◽

High Quality ◽

Positive Law ◽

The Law ◽

Article 5

This study aims to determine how Islam views which in this case is limited only four schools of opinion about the position of an advocate as law enforcement. In Islam indeed advocates known as providers of legal bantuah namely Hakam, mufti and mashalih alaih that functions similar to advokat.Penelitian function is called normative research with descriptive methods comparative analysis between positive law and Islamic law, namely Law No. 18 2003 and scholarly opinion four schools as primary data. Secondary data were taken from books or books that explain the legal theory of primary data. Article 5 of Law No. 18 of 2003 on lawyers has been explained that the position of advocate parallel with other law enforcement such as judges, prosecutors and police. But in fact appear black advocates not to enforce the law but instead became mafias that sell traded equity law. For it will be studied how exactly Islam's view of the position of Advocates with the formulation of the problem sebegai follows, first how the views of Islamic law for the position of advocate in Article 5 of Law No. 18 of 2003 on advocates, who both like where the relevance of Islam's view of the position of advocate in enforcement law in Indonesia. From research conducted authors argue for their refisi against the law number 18 of 2003 on advocates. alignment between advocates and other law enforcement must be followed by the high quality of an advocate and supervision of the performance of lawyers in order to minimize the occurrence of fraud in practice in providing legal aid.Penelitian ini bertujuan untuk mengetahui bagaimana pandangan Islam yang dalam hal ini hanya dibatasi pendapat empat madzhab tentang kedudukan advokat sebagai penegak hukum. Dalam Islam memang advokat dikenal sebagai lembaga pemberi bantuah hukum yaitu hakam, mufti dan mashalih alaih yang secara fungsi hampir sama dengan fungsi advokat. Penelitian ini disebut penelitian normatif dengan metode deskriptif analisis perbandingan antara hukum positif dan hukum Islam, yaitu undang-undang nomor 18 tahun 2003 dan pendapat ulama empat madzhab sebagai data primer. Data sekunder diambil dari kitab-kitab atau buku-buku teori hukum yang menjelaskan tentang data primer. Dari penelitian yang dilakukan penulis berpendapat perlunya adanya refisi terhadap undang-undang nomor 18 tahun 2003 tentang advokat. kesejajaran antara advokat dan penegak hukum lainya harus diikuti dengan tingginya kualitas seorang advokat dan pengawasan terhadap kinerja advokat agar bisa meminimalisir terjadinya penyelewengan dalam praktiknya dalam memberi bantuan hukum.

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Notary Role in Making Using Standard Contract Technology Information in The Framework of Legal Protection of Small and Medium Enterprises (SMEs)

Jurnal Akta ◽

10.30659/akta.v5i4.3726 ◽

2018 ◽

Vol 5 (4) ◽

pp. 877 ◽

Cited By ~ 1

Author(s):

Moch. Asep Rusmana ◽

Gunarto Gunarto

Keyword(s):

Small And Medium Enterprises ◽

Legal Protection ◽

Secondary Data ◽

Primary Data ◽

Contract Manufacturing ◽

Business Transactions ◽

Standard Contract ◽

Medium Enterprises ◽

Cost Factors

The purpose of this research is; (1) to analyze the role of the notary in contract manufacturing standards using technology information in a business transaction that is carried out by SMEs, and (2) to analyze the obstacles and solutions contract manufacturing standards using technology information in providing legal protection to SMEs. Researchers use various types of data in the study, such as; (1) primary data, (2) secondary data, and (3) the data tertiary. The three types of data must be mutually supportive and have conformity with one another so that the results of this study can be justified scientifically.The conclusion of this study, namely; (1) business contracts are usually carried out by SMEs in general do not engage the services of a notary. Form of the contract was generally not made in the format of a standard contract. In general, SMEs also do not use technology information in their business transactions. Only a small portion of SMEs that have used the services of a notary and technology information in conducting business transactions, (2) while the main obstacles SMEs have not been optimally use the services of a notary in the transaction business was due to cost factors (notary) who felt still quite burdensome, attributed to the relatively small volume of the SMEs business.Keywords; Notary; Standard Contracts; Technology Information; Legal Protection and SMEs.

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Juridical Analysis Of Application Of Forgiveness (Rechterlijk Pardon) As A Basis Of Judge Consideration In Deciding The Criminal

Jurnal Daulat Hukum ◽

10.30659/jdh.v3i2.10085 ◽

2020 ◽

Vol 3 (2) ◽

pp. 307

Author(s):

Sisno Pujinoto ◽

Anis Mashdurohatun ◽

Achmad Sulchan

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Criminal Law ◽

Justice System ◽

Legal Theory ◽

Field Research ◽

Secondary Data ◽

Criminal Code ◽

Primary Data ◽

Development Concept

The formulation of the problem in this study are: How is the principle position Rechterlijk Pardon in the criminal system in Indonesia, how the principles are applied Rechterlijk Pardon in a criminal ruling Decision Number 241 / Pid.B / 2019 / PN.Mjl andHow the development / concept of the Rechterlijk Pardon principle in the renewal of the Indonesian criminal law that will come related to the draft criminal law on the monodualistic principle?This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this study are secondary data obtained through library research and primary data obtained through field research which are then analyzed qualitatively using legal theory, the forgiveness agency theory, criminal justice system theory, and progressive legal theory. Based on the results of that study The position of the Rechterlijk Pardon Principle in the Criminal System in Indonesia is forgiveness is a form of forgiveness / deliverance from mistakes made. As a form of forgiveness, then with forgiveness, someone who is guilty is not sentenced or does not need to feel the punishment. Provisions such as this basically exist in conditional criminal conduct (voorwaardelijke veroordeling) regulated in Article 14a-14f of the Criminal Code. Conditional penalties are also referred to by part of the community with the term criminal trial or there is also termed as conditional punishment. Application of the Rechterlijk Pardon Principle in Criminal Verdicts Number 241 / Pid.B / 2019 / PN.Mjl it is applied later to act as the final safety valve in the criminal justice system if a case is not filtered at the prosecution and preliminary hearing judge stage. Development / Concept of the Rechterlijk Pardon Principle in the Future Renewal of Indonesian Criminal Laws Associated with the Draft Criminal Laws on the Monodualistic Principle are Forgiveness institution, is an important element to answer problems that cannot be accommodated with only 3 (three) types of decisions (free, loose, criminal funds).Keywords : Institutions; Forgiveness; Rechterlijk Pardon; Considerations; Judges; Decisions.

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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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Strict Liability Principle: Consumer Protection from Hidden Defective Products in Indonesia

Sriwijaya Law Review ◽

10.28946/slrev.vol4.iss2.295.pp109-123 ◽

2020 ◽

Vol 4 (1) ◽

pp. 109

Author(s):

Holijah Holijah

Keyword(s):

Consumer Protection ◽

Negative Impact ◽

Strict Liability ◽

Product Liability ◽

Secondary Data ◽

Primary Data ◽

Legal Basis ◽

Philosophical Approach ◽

Role Of Government ◽

Weak Supervision

Weak supervision on the standardization of the quality of goods products, the negative impact of the use of technology, and fraudulent products cause an increase in hidden defective goods products in the current era of globalization. The phenomenon of the existence of hidden defective products increasingly demanding the importance of the role of government to regulate, supervise and control to create a legal construction of product responsibility for consumers, which normatively does not exist yet. The concept of consumer protection due to hidden defective goods is a new thing that has never been explained in Indonesian literature. The purpose of this paper is to analyze the hidden defective products phenomenon, and the legal basis on the principle of responsibility is applied. Strict liability of produces due to loss of hidden defective goods products as an effort to protect consumers in Indonesia. This research uses the normative analysis method by using secondary data as primary data through the statute approach, philosophical approach, and historical approach. The results of this study show the importance of legal products that can provide consumer rights without reducing the rights of produces. The need for a legal basis for the product liability principle with the principle of strict liability to claim the responsibility of a produces through developing the doctrine of tort as a basis for demanding compensation due to hidden defective goods from the outstanding produces on the market. For this reason, it is recommended as a consideration, namely normative amendment to the law of the Republic of Indonesia number 8 of 1999 concerning consumer protection as a short-term step, while the long-term step is to issue a special law that regulates the absolute responsibility of produces due to loss of defective products hidden in the future.

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Perekrutan dan Kegiatan Anak Sebagai Kurir dalam Jaringan Peredaran Narkoba

Airlangga Development Journal ◽

10.20473/adj.v3i1.18148 ◽

2020 ◽

Vol 3 (1) ◽

pp. 1

Author(s):

Anton Prasetyo*

Keyword(s):

Secondary Data ◽

Economic Conditions ◽

Primary Data ◽

Research Approach ◽

Conceptual Approach ◽

Is Research ◽

Procedural Law ◽

Drug Counseling ◽

Advanced Analysis ◽

Reducing Activity

Polrestabes satresnarkoba data for the third quarter in surabaya until 2018 in total there are 20 suspects with the drug as a courier. As many as 15 people have as users, dealers and courier 2 3 .So based on the advanced analysis was needed on how the recruitment of children as a courier in the trafficking of drugs and analyzes on efforts to satresnarkoba polrestabes surabaya in reducing activity the recruitment of children as drug couriers .The statute used is research approach , the conceptual approach and empirical legal using interviews as a primary data and the cases handled satresnarkoba polrestabes surabaya as secondary data. The pattern of recruitment carried out to make children as drug couriers is through the use of weak economic conditions of children and the inability of children to work so that children have no other way to get money for drugs other than being couriers. The use of child loyalty to his group colleagues, the use of trap patterns and threats is another way of recruiting children in drug syndicates. The effort to handle the recruitment of children as drug couriers by the Satresnarkoba Polrestabes Surabaya is done in a pre-emptive manner, namely through integrated coordination with BNN Surabaya City by exchanging information about children caught in drugs and drug syndicates detected. The formation of anti- drug student cadres and drug counseling for parents of students is a pre- emptive method carried out by the Satresnarkoba Polrestabes Surabaya. While the repressive method is carried out by the application of criminal procedural law, especially for drug dealers and dealers to break drug networks. Firm and measurable actions and various drug raids operations are expected to break the chain of drug trafficking, especially those targeting children to be used as couriers.

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Praja Muda Karana (Pramuka) Indonesia in the Indonesian State Defense System

Journal of Social and Political Sciences ◽

10.31014/aior.1991.04.01.251 ◽

2021 ◽

Vol 4 (1) ◽

Author(s):

Hery Misbiantoro ◽

◽

Deni DAR ◽

Wayan Nuriada

Keyword(s):

Secondary Data ◽

Primary Data ◽

National Defense ◽

Defense System ◽

Conceptual Approach ◽

The Social ◽

Research Findings ◽

Movement Function ◽

State Defense ◽

Political Economic

The current dynamics of globalization resulted in a change in the social, political, economic, and national security stability dimensions. In the stabilizing dimension of state security, it can potentially cause a threat to the defense of the country. Furthermore, Indonesia's universal defense system allows the community as a supporting component to actively participate, especially in the rights and obligations in carrying out state defense and assisting the national defense. Scouting is one form of state defense organized in an official organization container, structured and clearly the legal umbrella. This study analyzes how the scout movement and the application of the values of state defense in the defense of the state? and how does the Indonesian Scout Movement function in the Indonesian state defense system?. The method in this research is descriptive qualitative by using primary data and secondary data through legislation approach, conceptual approach, and previous research findings approach. The results of the research that has been done show that the values contained in the Scout Movement and the concept of state defense have the same goal of strengthening the defense of the country. In accordance with the concept of state defense in Law No. 3 of 2003 and in Article 1 of Law No. 23 of 2019, and in accordance with Article 4 of Law No. 12 of 2010. In addition, the function of the Scout Movement in the Indonesian defense system is as a supporting component, it can be found in Article 9 of Law No. 23 of 2019 on the management of national resources that explains Article 7 paragraph (2) letter (b) that the development of state defense awareness is one of which is given to cadres of community organizations, in this case, is scout organizations.

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