scholarly journals PERLINDUNGAN HUKUM KONSUMEN DALAM HAL PELAKU USAHA PENGEMBANG RUMAH SUSUN YANG SUDAH DINYATAKAN PALIT (STUDI TERHADAP KEMANGGISAN RESIDENCE)

2018 ◽  
Vol 1 (1) ◽  
pp. 1212
Author(s):  
Illona . ◽  
Anna Maria Tri Anggraini
Keyword(s):  
Data Collection ◽  
Consumer Protection ◽  
Research Method ◽  
Legal Protection ◽  
Good Faith ◽  
Consumer Protection Act ◽  
Consumer Rights ◽  
Maximum Protection ◽  
The Law ◽  
Legal Security

The needs for apartment are currently increasing as the population increases and as availability of land becomes limited. The demand for such apartment is utilized by the developers to build and market the apartment in the community. However, with the high desire of developers in meeting the demands for apartment, it does not always coincide with the needs of the consumers for a decent place to live and have a guarantee of legal security. Therefore, the author proposes issue about how is the law protection of consumer in terms of apartment developers as business actors who have declared bankruptcy viewed from the perspective of Consumer Protection Law? The research method that the researcher uses for the issue is academy purposes methods with library data collection techniques. After conducted the research of preventive consumer legal protection, the law has been regulated in Regulation Number 8 Year 1999. But with Consumer Protection Act yet has not provided maximum protection to consumer. The violation of the consumer rights have given uncertainty to the consumers who will buy the apartment units. Plenty of developers whose business activities in the apartment field perform their activities with no good faith. While the repressive consumer legal protection has been regulated. The settlement can be done both inside and outside the court. However, the settlement has not been so regulated that it leaves a gap for business actors to avoid from responsibility to compensate consumers.

scholarly journals PRODUCT STANDARDIZATION THROUGH “SNI” AS A FORM OF CONSUMER PROTECTION IN INDONESIA

2020 ◽  
Vol 28 (1) ◽  
Author(s):  
Valensia Valensia ◽  
Tulus Sartono
Keyword(s):  
Consumer Protection ◽  
Research Method ◽  
Legal Protection ◽  
Conformity Assessment ◽  
Business Relationships ◽  
Legal Research ◽  
Consumer Protection Act ◽  
Product Standardization ◽  
Civil Lawsuits ◽  
The Law

Business relationships formed between consumers and business actors allow disputes to arise as a result of damage or defects and losses. This research will examine issues regarding the regulation of consumer legal protection of SNI compulsory products in Indonesia. The research method used is a normative legal research method. This research shows that legal protection for consumers can be created by the existence of regulations related to SNI obligations. Some arrangements that provide preventive protection to the interests of consumers, include Law No. 20 of 2014 concerning Standardization and Conformity Assessment and Law No. 8 of 1999 concerning Consumer Protection as an effort to protect the law for consumers. The law also protects consumers after an event has occurred against violations committed by business actors with acts of civil lawsuits, criminal suits, lawsuits using the Consumer Protection Act, as well as the imposition of sanctions on business actors.

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 PERLINDUNGAN HUKUM PADA TINDAK PIDANA E-COMMERCE

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

<p class="Normal1"><em>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.</em></p><em><br /></em>

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

AL- ADALAH ◽  
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.

scholarly journals Legal Protection of Malaysia Umrah Pilgrims

2019 ◽  
Vol 8 (5C) ◽  
pp. 397-404
Keyword(s):  
Consumer Protection ◽  
Legal Protection ◽  
Tourism Industry ◽  
High Demand ◽  
Consumer Protection Act ◽  
Raising Awareness ◽  
The Law ◽  
Regulations And Guidelines

The Umrah is an Islamic pilgrimage to holy cities of Makkah and Madinah and is performed by Muslims that can be undertaken at any time of the year. Umrah travel package is a common service used by consumer in Malaysia. The high demand for this service is contributed by better conditions of the economy in Malaysia so that raising awareness of Malaysian to perform Umrah and the number of registered Umrah pilgrims continued to increase annually. There are also many complaints reported in the Tribunal for Consumer Claims in relation to this service. The aim of the article is to analyse the extent to which the relevant laws protect the rights of Umrah consumers in Malaysia. Being qualitative in nature, this study collects relevant framework which include laws, regulations and guidelines which are related to Umrah services. The purpose is to analyse the adequacy of the existing consumer protection laws in protecting Umrah pilgrims. The result of the study indicated that in Malaysia, there is no self-standing law on Umrah pilgrims’ protection, though there are several laws which provide limited rights to pilgrims such as the law of contract, the law of tort, the Consumer Protection Act 1999 and the Tourism Industry Act 1992. The existing laws are inadequate to provide a comprehensive protection to the Umrah pilgrims. This article proves that there are many hindrances under the law of contract and the law of tort for Umrah pilgrims to seek for remedies. In addition, there exist lacunae and ambiguity in the statutory provisions under the Consumer Protection Act 1999 and Tourism Industry Act 1992 which need further amendments. This study proposes improvement to the existing laws so that it will be able to provide adequate protection to the Umrah pilgrims

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 Juridical Review The Implementation of Oral Agreement is associated with the Law of Treaties and Law Number 8 Year 1999 concerning Consumer Protection

2018 ◽  
Vol 1 (1) ◽  
pp. 56
Author(s):  
Dian Eka Pusvita Azis ◽  
Nurhaedah Nurhaedah
Keyword(s):  
Consumer Protection ◽  
Social Life ◽  
Legal Protection ◽  
Civil Code ◽  
Legal Principles ◽  
Consumer Law ◽  
Consumer Protection Act ◽  
Legal Power ◽  
Material Sources ◽  
The Law

The covenant is one of the most common legal relationships in the community. The Covenant under Article 1313 of the Civil Code is an act by which a person or more binds himself to one or more persons. Unconsciously, oral agreements are often done in social life and often the parties who make the oral agreement deny the existence of the agreement. This research is descriptive normative juridical research. This study uses primary legal material sources consisting of laws and regulations bound by research. Sources of secondary legal materials in the form of materials or related materials and explain the problem, and the source of tertiary legal materials are materials that provide information about primary legal materials and secondary legal materials related to the research. Against the form of the exercise of the agreement in the oral form declared unilaterally by the party that offers the agreement inevitably the interested party in this case the second party is pressed with the interest of agreeing the contents of the agreement. Not to mention the possibilities that occur in the future that is wanprestasi with large losses so that the court to face, and what if the party who did the default is negligent, broken promise, do not acknowledge or deny having oral agreement Based on the background and problems that have been described above so it is necessary to examine the extent to which the legal protection of oral agreements, if one of the parties making the alleged infringement of the oral agreement is associated with the Law of Contract and the Consumer Protection Number Act. Based on this research it is concluded that the oral agreement is legal and has the legal power to declare a person to default, but if the oral agreement is denied / not recognized by the alleged defendant, the oral agreement has no legal power to declare a person to default, can be true and may not exist, depending on the proof of the parties. but verbal agreements that have been denied / unrecognized may regain their legal power if it can be proven that the oral agreement actually exists or has been made.Based on Law No. 8 Consumer Protection Consumer law is defined as the whole legal principles and rules governing relationships and problems between various parties or each other in relation to goods and / or services within the association of life. Based on Article 163 HIR and Article 1865 of the Civil Code, any party that argues for a right, then the party must prove it. So if the consumer demands his right to the business actor that harms him, then the consumer must prove. However, in Law Number 8 Year 1999 concerning Consumer Protection Article 22 and Article 28, the evidentiary obligation is "reversed" (reversed proof) to be the full responsibility and responsibility of the business actor. So the provisions on responsibility and redress in the Consumer Protection Act are lex specialists against the general provisions contained in the Civil Code.

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

Perlindungan Hukum terhadap Konsumen dalam Transaksi E-Commerce

2017 ◽  
Vol 1 (1) ◽  
pp. 111
Author(s):  
Heldia Natalia
Keyword(s):  
Consumer Protection ◽  
Related Research ◽  
Normative Approach ◽  
Consumer Protection Act ◽  
Consumer Rights ◽  
The Law ◽  
The Government

Abstract Law protection of the consumer stipulated in Law No. 8 of 1999. In connection with this, in this thesis raised two issues, namely first, whether the Law No. 8 of 1999 on Consumer Protection has provided protection to the consumer in e-commerce transactions. Second, how the law protection for consumers in e-commerce transactions that should be regulated in the Consumer Protection Act. The methodology is used in this study using a normative approach because it is a law research aimed at writing regulations that are closely related research at the library that need data that is secondary. The conclusion of the research is Law No. 8 of 1999 has not been able to protect the consumer because of the provisions contained in this Law not accommodate consumer rights in this transaction. The Government should make a revision of Law No. 8 of 1999 so that it can protect not only conventional transactions but also e-commerce transactions.Abstrak Perlindungan hukum terhadap konsumen diatur dalam Undang-Undang Nomor 8 Tahun 1999. Sehubungan dengan hal tersebut, dalam tesis ini diangkat dua permasalahan yaitu Pertama, apakah UU Nomor 8 Tahun 1999 tentang Perlindungan Konsumen telah memberikan perlindungan  terhadap konsumen dalam melakukan transaksi e-commerce. Kedua, Bagaimana perlindungan hukum terhadap konsumen dalam transaksi e-commerce yang seharusnya diatur dalam UU Perlindungan Konsumen. Metodologi yang dipakai dalam penelitian ini menggunakan pendekatan normatif karena merupakan penelitian hukum yang ditujukan pada peraturan-peraturan tertulis sehingga penelitian ini sangat erat hubungannya pada perpustakaan yang membutuhkan data-data yang bersifat sekunder. Kesimpulan dari penelitian yang dilakukan adalah UU No 8 Tahun 1999 belum dapat melindungi konsumen karena ketentuan-ketentuan yang tercantum dalam hukum ini belum mengakomodirhak-hak konsumen dalam transaksi ini. Pemerintah seharusnya merevisi Undang-Undang Nomor 8 Tahun 1999 supaya dapat melindungi bukan hanya transaksi konvensional tetapi juga transaksi e-commerce.

scholarly journals Perlindungan Terhadap Konsumen Dalam Jual Beli Rumah Melalui Developer di Kota Denpasar

2020 ◽  
Vol 14 (2) ◽  
pp. 18
Author(s):  
Ni Putu Yunika Sulistyawati ◽  
Ni Made Yuniari ◽  
I Nyoman Agus Trisnadiasa
Keyword(s):  
Human Resources ◽  
Consumer Protection ◽  
Legal Protection ◽  
Consumer Protection Act ◽  
Consumer Rights ◽  
The People ◽  
Empirical Level ◽  
Made In

<p>The results of research entitle the protection of consumers in buying and selling houses through developers in Denpasar is only limited on minor damages when the guarantee given by the developer, in the case of buying and selling houses through developers in Denpasar concerning the issue of consumer rights both safety, comfort and security in occupy housesthat are purchased through the Developer. As for the resolution of the problem between the developer and the<br />consumer in Article 52 of Law Number 8 of 1999 concerning Consumer Protection and the absence of a settlement in the court institution. In the empirical level, the solution is choosing a consensus and if there is no agreement between the two parties, then asking help from the Notary as the mediator is needed. The constraints faced by developers and consumers in resolving disputes of law No. 8 of 1999 concerning consumer protection, namely the constraints faced by socio-juridical namely due to the lack of understanding of consumers and developers toward the existence of the Consumer Protection Act, andthe lack of socialization in the community about the existence of the Consumer Protection Act. In this case, the non-juridical constraints due to<br />the lack of human resources, both those that are on the developer and the consumers, beside that the facilities and devices do not support it. Therefore, the efforts would be made in order to be able to resolve the problem of housing consumer dispute in Denpasar. Another obstacle is the lack of consumers’ aspirations in choosingthe resolution ofthe consumer dispute until the judicial<br />route. The efforts that is made both by developers and consumers in dealing with obstacles in the settlement of buying and selling houses through developers, namely: legal protection for the people. It is divided into 2, Preventive Efforts (Preventive) and Refressive efforts.</p>

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