scholarly journals Peran Badan Penyelesaian Sengketa Konsumen (BPSK) dalam Penyelesaian Sengketa Konsumen (Studi Kasus : Putusan BPSK Badung No.01/AP/BPSK/IV/2016)

2020 ◽  
Vol 1 (2) ◽  
pp. 28-32
Author(s):  
Arianto Hulu ◽  
A.A. Laksmi Sagung Dewi Ni ◽  
Made Sukaryati Karma
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Research Method ◽  
Legal Protection ◽  
Legal Research ◽  
The World ◽  
Alternative Means ◽  
The Republic

Indonesia, with the fourth largest population in the world, is a large market share for business actors. However, this potential is not free from negative things where business actors often only make consumers the object of their business activities without paying attention to the quality of the products being marketed so that consumers suffer losses. Responding to this phenomenon, the Consumer Dispute Resolution Agency (BPSK) was formed as an alternative means of dispute resolution between Buyers and Sellers with the aim of resolving disputes between the two parties in an effective and efficient non-litigation manner. This organization is not systemic but has the function of resolving conflicts that occur between producers and buyers on a non-litigation basis. This research was conducted with the aim of describing the forms of consumer legal protection for business actors and the role of BPSK in resolving consumer disputes. The research method used in this paper was a normative legal research method. This research showed that consumer legal protection for business actors is regulated in article 1 number 3 Law No. 8 of 1999 regarding consumer protection which states that a business actor is an entire person or individual or a business entity based on law or not and the place to carry out these activities in the territory of the Republic of Indonesia. In addition, BPSK has a role in carrying out the process and resolving consumer conflicts through mediation, arbitration or conciliation with opportunities ranging from consumer protection consultations, supervision in the application of agreements, making reports to investigators if there are indications of legal violations, receiving complaints, conducting studies and analysis of conflicts that occurred, summoning the parties, witnesses and any individual who is aware of an incident of law violation.

scholarly journals Perlindungan Hukum bagi Pekerja Dengan Perjanjian Kerja Tidak Tertulis pada Perusahaan Pemberi Kerja

2021 ◽  
Vol 2 (1) ◽  
pp. 158-162
Author(s):  
Robertus Berli Puryanto ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Research Method ◽  
Dispute Settlement ◽  
Industrial Relations ◽  
Legal Protection ◽  
Economic Activities ◽  
Legal Research ◽  
Work Relations ◽  
Legal Remedies ◽  
The Law ◽  
The Republic

Labor is something that is needed by an employing company in carrying out its economic activities. This can be seen in the constitutional arrangements of the Republic of Indonesia in Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. In the implementation of the working relationship between workers and the employing company, there are several rights and obligations that must be fulfilled between the two parties. Because there are provisions regarding work agreements that are differentiated based on the form of the agreement, each worker has different rights where these rights must be guaranteed by the company based on law. From this, the problems that will be examined are legal protection for workers with an unwritten work agreement at the employing company, as well as legal remedies that can be taken by workers with an unwritten agreement in the event of a violation of rights by the company. The research method used is normative legal research, namely legal research conducted by examining existing library materials. By examining problems by looking at existing regulations, and describing problems that occur in practice or in everyday life in society. From the research conducted, it was found that legal protection for workers with an unwritten work agreement at the employing company is regulated based on Law Number 13 of 2003 concerning Manpower where the basis is that the applicable work agreement is an indefinite work agreement so that the rights obtained under the provisions of the law. Then efforts that can be made if there is a violation of the law in work relations is based on Law Number 20 of 2004 concerning Industrial Relations Dispute Settlement, namely in the form of Bipartite, Tripartite (Mediation, Consoliation and Arbitration) negotiations, as well as through Trials at the Industrial Relations Court.

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

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.

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 WORK TERMINATION DURING THE COVID-19 PANDEMIC IN THE PERSPECTIVE OF POSITIVE LAW IN INDONESIA

2020 ◽  
Vol 4 (1) ◽  
pp. 247
Author(s):  
Inayah Inayah ◽  
Surisman Surisman
Keyword(s):  
Research Method ◽  
Industrial Relations ◽  
Legal Protection ◽  
Reciprocal Relationship ◽  
Legal Research ◽  
Work Relations ◽  
Positive Law ◽  
The Republic

The case of work termination which involves businessowners and labor happens widelyin various companies due to the Covid-19 pandemic in Indonesia. This research usesthe normative legal research method. During this Covid-19 pandemic, this worktermination is carried out to save the company and to prevent more victims. Problemswhich happen regarding work termination include the reasons for this termination andthe post-termination compensation. Work relations is a reciprocal relationship which isbased on a two-party agreement. The legal protection for work termination may becarried out during this Covid-19 pandemic. If the rights stated above are not obtainedby the workers, then they may initiate a deliberation. They may also go through conflictresolution procedures on industrial relations outside of court, based on the Republic ofIndonesia’s Constitution No. 2 of 2004.

scholarly journals Penyelesaian Perkara Pelanggaran Hak atas Merek

2020 ◽  
Vol 1 (2) ◽  
pp. 67-71
Author(s):  
I Gede Mahendra Juliana Adiputra ◽  
Ida Ayu Putu Widiati ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Research Method ◽  
Legal Protection ◽  
Geographical Indications ◽  
Legal Research ◽  
The Law ◽  
The Right ◽  
Mutual Agreement

The existence of competition causes the original brand owner to feel disadvantaged because the sales result has decreased. It is permissible for someone to use another party's mark as long as they ask permission from the trademark owner first. The owner can give trademark rights to other people as agreed in an agreement. The formulation of the problem in this research is as follows: how is the legal protection of trademark rights and how to resolve violations of trademark rights. The research method used in this research is normative legal research. The results of the discussion in this study are as follows: Legal protection of the right to a trademark has been regulated by Law Number 20 of 2016 concerning Trademarks and Geographical Indications, in the provisions of the Law it is expressly stated that if it has been registered in the law that the right to a trademark has been protected. The sanction imposed on the perpetrator of the crime of trademark rights is a fine of Rp. 20,000,000, - (twenty million rupiah) on condition that if the fine is not paid, he will be subject to imprisonment for 6 (six) months. Settlement of trademark cases can be carried out through institutions that can be used to resolve trademark disputes, including: Alternative Dispute Resolution, Arbitration and Courts. Alternative dispute resolution wants the disputing parties to resolve their own dispute with the aim of obtaining a mutual agreement, if the agreement fails, can take arbitration, namely the disputing parties to be able to resolve the dispute to the arbitration institution based on the agreement, furthermore, if the arbitration is successful the last action is through the court, namely the commercial court which has the authority to adjudicate trademark disputes.

scholarly journals PERLINDUNGAN HUKUM TERHADAP KONSUMEN PENGOBATAN TERAPI BEKAM DI WILAYAH BOGOR

2021 ◽  
Vol 13 (1) ◽  
pp. 72
Author(s):  
Budi Santoso
Keyword(s):  
Traditional Medicine ◽  
Dispute Resolution ◽  
Consumer Protection ◽  
Research Method ◽  
Legal Protection ◽  
Qualitative Approach ◽  
Traditional Treatment ◽  
Bargaining Position ◽  
Dispute Resolution Mechanism

The objectives of this study are: 1) To determine and analyze the legal protection of consumers from traditional medicine with the method of cupping treatment in the Regency and City of Bogor. 2) To find out and analyze the responsibilities of cupping treatment businesses in Bogor Regency and City towards consumers who have suffered losses. The research method used in this study is a normative juridical research that uses a qualitative approach. The results of this study are: 1) Protection of cupping treatment consumers in Bogor Regency and Bogor City, in dispute resolution can be done through a mechanism that has been regulated in the Consumer Protection Law, namely through a dispute resolution mechanism in court or outside the court. 2) The responsibility of the cupping treatment business actors to consumers who are harmed can be accountable for their actions both civil and criminal. This is aimed at increasing the bargaining position of consumers in making transactions with business actors, so that they are not treated arbitrarily because there is a law that regulates it.Keywords: Legal Protection; Consumer; Traditional Treatment.

scholarly journals Legal Protection of Tobacco Farmers in Indonesia

2019 ◽  
Vol 2 (4) ◽  
pp. 289-297
Author(s):  
Agus Dono Wibawanto
Keyword(s):  
Research Method ◽  
Tobacco Industry ◽  
Research Question ◽  
Legal Protection ◽  
Household Economy ◽  
Legal Research ◽  
Main Research ◽  
State Revenue ◽  
Strategic Trading ◽  
The Republic

Tobacco and processed tobacco products is not only being an important part in the culture of the Indonesian nation. But they are also natural biological resources which have contributed greatly to the prosperity and welfare of the Indonesian people. Basically entrepreneurs or farmers of the Tobacco Industry as a very strategic trading eye have a very big role on the country's economy and the household economy of the Indonesian people specifically tobacco farmers. The cigarette and tobacco industry is one of the national industries that is still quite strong to date, in addition to material contributions in the form of state revenue from excise and employment, this tobacco-based industry is recognized as being part of the Indonesian community. This industry involves directly or indirectly. Nicotine in cigarettes is a group of legal addictive substances such as cigarettes, cigars, nicotine pieces which are stimulants, which increase dopamine and adrenaline. The main research question in this research is how is legal protection for tobacco farmers in the perspective of the Law of the Republic of Indonesia Number 36 of 2009 concerning Health? The research method used is normative legal research, using analysis of various legal materials. By using normative legal research methods because to produce new arguments, theories or concepts as a prescription in solving the problems faced, namely Legal Protection against Tobacco Farmers. The conclusions of this study are efforts to protect against the dangers of smoking, among others, by raising the price of cigarettes, prohibiting the sale of cigarettes to children less than 18 years and prohibiting the sale of cigarette bars and not ratifying the Framework Convention on Tobaco Control (FCTC).

scholarly journals IIMPLEMENTATION OF LEGAL CERTAINTY ON COMPARATIVE STUDIES OF IJARAH MUNTAHIYA BITTAMLIK & RENTAL CONTRACT

Jurnal Akta ◽  
2021 ◽  
Vol 8 (2) ◽  
pp. 121
Author(s):  
Moh. Nurul Huda ◽  
Muhammad Ridwan Lubis
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Comparative Studies ◽  
Research Method ◽  
Comparative Law ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
Freedom Of Contract ◽  
Economic Law

In recent times, it has become common among the public regarding the Ijarah Muntahiya Bittamlik (IMBT) contract. IMBT is a contract similar to a lease and purchase agreement. In practice in the community, these two contracts are carried out by means of renting first and ending with buying and selling. Although, in general they have similarities, these two agreements have differences that have different consequences. The research method used in this study is doctrinal legal research with a comparative law approach. The results of this study indicate that the IMBT contract has more legal certainty than the lease-purchase agreement. This is because the IMBT contract has provisions regulated in the Sharia Banking Law, the Sharia Economic Law Compilation, and PSAK No. 107 concerning Ijarah and IMBT accounting, while the lease purchase agreement is only based on the principle of freedom of contract. The implementation of the IMBT contract also has more legal certainty, considering that dispute resolution efforts can be carried out through the provisions of Article 283 and Article 284 of the KHES by carrying out sales of the disputed object. This is different from a lease-purchase agreement, where dispute resolution efforts are generally carried out through unilateral withdrawals and the agreement also contains standard clauses that have the potential to violate Article 18 of the Consumer Protection Law.

scholarly journals TANGGUNG JAWAB PELAKU USAHA NIKOTIN CAIR YANG KEMASANNYA TIDAK TERCANTUM PERINGATAN KESEHATAN

2020 ◽  
Vol 8 (12) ◽  
pp. 1853
Author(s):  
Khrisna Khristian ◽  
Ida Ayu Sukihana
Keyword(s):  
Consumer Protection ◽  
Research Method ◽  
Tobacco Product ◽  
Health Warnings ◽  
Legal Research ◽  
Consumer Rights ◽  
The Republic

Tujuan penulisan adalah untuk mengetahui perlindungan konsumen rokok elektrik yang tidak tercantum label informasi dan peringatan kesehatan serta tanggung jawab pelaku usaha akibat dari bahaya yang ditimbulkan dari konsumsi rokok elektrik. Dalam penelitian ini digunakan metode penelitian hukum normatif. Hasil dari penelitian adalah nikotin cair dapat dikategorikan sebagai produk tembakau atau HPTL sebagaimana tercantum dalam pasal 1 angka 18 Peraturan Menteri Keuangan Republik Indonesia No. 67/PMK.04/2018 Tentang Perdagangan Barang Kena Cukai Yang Pelunasan Cukainya Dengan Cara Pelekatan Pita Cukai Atau Pembubuhan Tanda Pelunasan Cukai Lainnya. Untuk itu informasi yang dicantumkan didalam kemasan nikotin cair sangat diperlukan dengan tujuan untuk melengkapi hak konsumen dan merupakan bentuk kewajiban dari pelaku usaha sesuai denga pasal 7 huruf b Undang-undang nomor 8 tahun 1999 tentang Perlindungan Konsumen.   The purpose of writing is to determine the protection of e-cigarette consumers who do not include information labels and health warnings as well as the responsibility of business actors due to the dangers posed by the consumption of e-cigarettes. This research uses normative legal research method. The result of this research is that liquid nicotine can be categorized as a tobacco product or HPTL as stated in article 1 number 18 Regulation of the Minister of Finance of the Republic of Indonesia No. 67 / PMK.04 / 2018 concerning the trade of excisable goods whose excise is paid off by attaching an excise tape or affixing other signs of payment of excise. For this reason, the information contained in the liquid nicotine packaging is very necessary with the aim of completing consumer rights and is a form of obligation of business actors in accordance with article 7 letter b of Law number 8 of 1999 concerning Consumer Protection.

scholarly journals Pelaksanaan Undang-undang Nomor 28 Tahun 2014 tentang Hak Cipta Terkait Penggandaan Buku pada Usaha Fotokopi Cahya Printing Bali

2021 ◽  
Vol 2 (2) ◽  
pp. 320-325
Author(s):  
Ni Luh Dwi Ega Mileniawati ◽  
Nella Hasibuan OLeary ◽  
Desak Gde Dwi Arini
Keyword(s):  
Research Method ◽  
National Development ◽  
Legal Protection ◽  
Human Being ◽  
Legal Research ◽  
Legal Provisions ◽  
The Republic ◽  
The Government ◽  
Illegal Copying

The essence of national development is the development of the whole human being and the development of the entire Indonesian society based on Pancasila and the 1945 Constitution of the Republic of Indonesia. Development is not only pursuing physical or mental progress, but also pursuing harmony, harmony and balance. The purpose of this study is to determine the implementation of Law Number 28 of 2014 concerning Copyright related to illegal copying of books in the Cahya Printing Bali photocopy business and to find out legal protection for book creators related to illegal book duplication in the Cahya Printing Bali photocopy business. The research method used is to use the empirical legal research method, which is to study the legal provisions that apply or what happen in reality in society. The results of the study show that the implementation of Law Number 28 of 2014 concerning copyright related to illegal book duplication in the Cahya Printing Bali photocopy business has not been carried out due to lack of support from related parties, namely still weak policing and lack of socialization. Legal protection for book creators related to the copying of illegal books in the copy business of Cahya Printing Bali in protecting creators' rights, the government does not provide direct legal protection.

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