Legal Aspects of Marketing Strategy: Antitrust and Consumer Protection Issues

1986 ◽  
Vol 50 (3) ◽  
pp. 131
Author(s):  
Kenneth L. Bernhardt ◽  
Louis W. Stern ◽  
Thomas L. Eovaldi
2020 ◽  
Vol 22 (3) ◽  
pp. 477-492
Author(s):  
Suryo Hadi Kusumo ◽  
Muthia Sakti ◽  
Dwi Aryanti Ramadhani

Penelitian ini bertujuan untuk menganalisa perlindungan konsumen terkait dengan penamaan menu kopi. Sertifikasi halal dalam sistem hukum di Indonesia mempunyai kedudukan yang sentral, karena termaktub dalam Undang-Undang No. 33 tahun 2014 tentang Jaminan Produk Halal. Perkembangan industri kopi dewasa ini erat dengan style anak muda. Tren tersebut berdampak pada menjamurnya usaha-usaha yang menyajikan beragam jenis kopi di masyarakat. Dalam penamaannya, pelaku usaha kopi kekinian banyak yang mencantumkan nama varian khamr. Kenyataanya, sebagian besar penamaan varian khamr justru hanya sebatas strategi pemasaran. Pelaku usaha kopi banyak menggunakan penamaan menu kopi menggunakan nama varian khamr lalu menyatakan atau mengklaim bahwa produknya halal. Dengan menggunakan metode penelitian empiris normatif, maka diketahui bahwa Majelis Ulama Indonesia telah memberlakukan regulasi mengenai sertifikasi halal yang didalamnya mengatur menge-nai penamaan sebuah produk. Penamaan tersebut meliputi menu kopi kekinian yang mencantumkan nama varian khamr yang bersebrangan dengan Fatwa DSN MUI No. 4 Tahun 2003 tentang Sertifikasi Fatwa Halal. Dampak dari penggunaan nama varian khamr pada menu kopi salah satunya adalah pelaku usaha tidak dapat melakukan sertifikasi halal produknya untuk mendapatkan sertifikat halal. Consumers Protection of Labeling Coffee That Uses A Variant of Khamr  This study aims to analyze consumer protection related to the naming of coffee menus. Halal certification in Indonesia's legal system is important as stipulated in Law Number 33 of 2014 concerning Guarantee of Halal Products. Nowadays, the progressive development of coffee industry is closely related to the style of the youth. It’s give an impact on the increasing number of businesses that serve various kind of coffee. Some of modern coffee shops use the name of the khamr variant. ‘Labeling khamr variant is just for marketing strategy, but its claimedas halal product. This is a normative and empirical researchs.  It shows that the Indonesian Ulama Council (MUI) has enacted a regulation regarding halal certification.  This regulation also explained about the labeling of any kind of coffee which any vanriants of khamr, that is contradicetive ro Fatwa DSN MUI nomor 4/2003 On Halal Fatwa Certificarion. So, its is impossible to get halal certificate for any kind of coffe with labeling the khamr variant.


2019 ◽  
Vol 6 (2) ◽  
pp. 131-135
Author(s):  
Pragya Sharma ◽  
Priyanka Goel ◽  
Preeti Sharma ◽  
Shubhra Vaish

2017 ◽  
Author(s):  
Irfan Ridha

BPJS a poverty reduction which aims to have access and quality of health care of the poor can be improved so that no poor people who have difficulty accesin health care service by reason of lack of funds. Formation BPJS in Law No. 24 on BPJS. The research problem is whether the patient card users BPJS at Arifin Achmad Hospital Riau Province to obtain protection of consumers and how to shape consumer protection against card users BPJS patients at Arifin Achmad Riau province by Law No. 8 of 1999 on consumer protection in 2015. This study examines the empirical juridical legal aspects nmelihat implementation in the field. This research was conducted by Observational Research, is to survey. Data collectors in the form of questionnaires and interviews, while the nature of the research is descriptive of providing an overview of the issues examined. Respondents were patients BPJS card users and the hospitals Pekanbaru. The conclusion of this study is to unsatisfactory services provided by the City Hospital Pekanbaru to patients BPJS card users due to lack of patient understanding about their rights and obligations. So they were not able to do anything in case of misuse of their rights. Majanemen Hospital who are not professional is also an inhibiting factor in the provision of services that are good for society.


2019 ◽  
Vol 24 (6) ◽  
pp. 80-89
Author(s):  
Alexandre Henrique de Melo Simplício

ABSTRACT Introduction: In a saturated market with an over-supply of undergraduate and graduate programs, social media have become attractive means of advertising in Dentistry. However, posts frequently contain ethical violations and lead to service commodification, and their contents are often in disagreement with the Code of Consumer Protection. Objective: This article, which focuses on ethical and legal developments, contributes to the discussion and elucidation of questions associated with advertising that uses clinical images and photographs of patients in social media for commercial purposes and self-promotion. Conclusion: Social media and networks are valuable tools of dissemination and exchange of information because of their flexibility, democratic character and low cost. However, their abusive or misleading use, as well as the ethical and legal violations associated with the difficulty in controlling their use, may lead to serious damages and unfavorable court decisions.


2018 ◽  
Vol 17 (2) ◽  
Author(s):  
Muh Ali Masnun

<p><em>Lombok has Pearl attraction that has been known to foreign countries. The large potential is not yet widely realized to be given protection from legal aspects, so many countries that sell pearl products on behalf of / hijacked by the name of Mutiara Lombok. This research was conducted by normative juridical method. Using primary, secondary, and non-law material as the study. The results show that the potential of Lombok pearl law protection through geographical indication is very open. Forms of legal protection can be done in 2 ways, namely protection of preventive law and repressive law protection. The implications of Lombok Pearl protection through IG can at least be used as a) product marketing strategy at domestic and foreign trade; b) Provide added value to the product and improve the producer's welfare; c) Enhance the reputation of IG products in international trade; d) Equality of treatment as a result of promotion from abroad; and e) IG protection as one means to avoid fraudulent competition.</em></p><p><em></em><strong><em>Keywords:</em></strong><em> Legal Protection, Lombok Pearl</em></p>


2018 ◽  
Vol 9 (1) ◽  
pp. 242
Author(s):  
Endang PURWANINGSIH ◽  
MUSLIKH MUSLIKH ◽  
Nelly Ulfah ANISARIZA ◽  
Derta RAHMANTO

Traditional food makers should be empowered and their products should be protected. The objectives of this research are to identify and analyze the potential, the prospect, and the legal protection of traditional food (producer and products) to finally attain legal protection and trademark or geographic indication. In this research, the method applied is analytical descriptive qualitative by making use of participatory (PRA) and sociological-juridical approaches. The research findings suggest that so far, instead of working on a bigger cause that is achieving mark/label, traditional food producers are still striving for trademark merely to get market distribution and halal label.  It is clear that they need help from related parties considering their economy, sociological humanities (empowerment), and legal aspects (regulation, policy, brand, halal label, consumer protection). Related parties, the Industry and Trade Service,  Cooperatives and SME’s, Directorate General of Property Rights and its regional office, the Department of Agriculture, universities, and the traditional food producers association—should work together and take serious measures to pro-actively involve food makers.


2020 ◽  
Vol 4 (3) ◽  
pp. 369-384
Author(s):  
Erry Fitrya Primadhany ◽  
Imam Wahyudi ◽  
Cahyati Cahyati

Regulations regarding transaction of telecommunication devices have been clearly regulated. However, the circulation of illegal products is still rife, especially devices that International Mobile Equipment Identity (IMEI) is not officially registered. This can potentially be detrimental to consumers. This research is normative research with the legal research method of literature. The approach used is a statutory approach and a conceptual approach.  It can be concluded that the protection that can be done against consumers is preventive protection that is preventive and repressive protection that is done if the consumer has suffered a loss. Preventive preventive legal protection is contained in the provisions of Law No. 8 of 1999 on Consumer Protection and also contained in government efforts through Regulation of the Minister of Communication and Informatics No. 1 of 2020.Repressive legal protection can be resolved through litigation and non-litigation litigation.Violation of product requirements rules may result in businesses being subject to administrative sanctions.


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