scholarly journals PERLINDUNGAN KONSUMEN DALAM KEPAILITAN

Jurnal Hukum ◽  
2020 ◽  
Vol 36 (1) ◽  
pp. 25
Author(s):  
Rusnaldi Salim
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Empirical Method ◽  
Positive Law ◽  
Legal Provisions

This study aims to provide an explanation of the consumer protection process in the event that business actors experience bankruptcy and the process of dispute resolution between producers and consumers against producers who fall bankrupt in realizing consumer protection in accordance with positive legal provisions in Indonesia. This study uses a Juridical Empirical Method. The results obtained from this study are the process of resolving consumer disputes in the event that a business actor goes bankrupt based on positive law in Indonesia can be pursued using the litigation and non-litigation channels. Settlement through non-litigation channels is carried out by means of Mediation, Conciliation and Arbitration. The responsibility of the company / business actor towards consumers if the company has been declared a fraud, namely by paying compensation in accordance with a written agreement that has been agreed by both parties. This step was taken to achieve consumer protection.

Penyelesaian Sengketa Dalam Perjanjian Baku Jual Beli Rumah Susun Menurut Undang Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen

2021 ◽  
Vol 8 (3) ◽  
Author(s):  
Eni Jaya ◽  
Arihta Esther Tarigan
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Rapid Development ◽  
Housing Development ◽  
Third Party ◽  
Housing Construction ◽  
Entrepreneurship Research ◽  
Normative Approach ◽  
Legal Provisions ◽  
Mutual Agreement

Rapid development of housing construction raises various concerns related to making the customer satisfied and at concurrently allowing the developer to make profit. Increase in housing development does not go in pair with increase in compliance of obligations made by the entrepreneurs.   Terms and conditions of the business construction agreement are prepared by the entrepreneur and listed as standard agreement or standard clause. The purpose of this research was to determine the resolution of disputes in consumer protection law. The normative approach consists of learning the laws regarding the juridical process and debating about the standard agreement using terms of consumer protection law.   he outcome of this research ar (1) Legal Provisions of standard clauses in PPJB which is detrimental to consumer and is contained in the provisions of the article 18 of law Number 8 from  1999 concerning consumer protection. (2) Resolved the consumer dispute through mutual agreement or by means of a third party (authorized agency).  The existence of standard agreement has impact on the profitability of the entrepreneurship. Research shows that there is a necessity to regulate the contents of standard clauses in order to make the development of Indonesian business more transparent.Keywords: Consumer Protection, standard agreement, dispute resolution ABSTRAKPesatnya pembangunan rumah susun menimbulkan permasalahan lain yang sering muncul dalam pemenuhan kebutuhan akan perumahan yakni hak-hak konsumen yang dirugikan. Meningkatnya pembangunan perumahan, seringkali tidak diselaraskan dengan pemenuhan kewajiban oleh pelaku usaha. Permasalahan dalam bisnis rumah susun yang sering muncul adalah ketentuan mengenai pernyataan dan persetujuan untuk menerima segala persyaratan dan ketentuan-ketentuan yang ditetapkan secara sepihak dan ketentuan-ketentuan penandatanganan atas dokumen-dokumen yang telah dipersiapkan lebih awal oleh pelaku usaha, tercantum dalam surat pemesanan yang sering disebut perjanjian baku atau klausula baku. Tujuan dari penelitian ini adalah untuk mengetahui penyelesaian sengketa dalam bidang hukum perlindungan konsumen. Metode pendekatan normatif, yang terdiri dari pendekatan yuridis dengan cara mempelajari isi dari Undang-Undang,dengan melihat perdebatan mengenai perjanjian baku  ditinjau menurut UU Perlindungan Konsumen.  Adapun hasil penelitian ini adalah : (1) Ketentuan hukum terhadap pencantuman klausula baku  dalam PPJB yang merugikan konsumen menurut Undang-undang Perlindungan Konsumen terdapat dalam ketentuan pada Pasal 18 Undang-Undang No. 8 Tahun 1999 Tentang  Perlindungan Konsumen.(2) Penyelesaian sengketa dalam bidang hukum perlindungan konsumen pada umumnya dapat diselesaikan setidak-tidaknya melalui 2 (dua) cara penyelesaian, yaitu, Penyelesaian sengketa secara damai dan Penyelesaian melalui lembaga atau instansi yang berwenang, karena adanya kontrak baku perjanjian ini, cenderung merugikan pihak yang kurang dominan dalam hal ini pihak konsumen. Adapun  saran dalam penelitian ini diantaranya adalah Perlunya adanya peraturan dan sanksi terhadap pencantuman  klausa baku untuk memberikan batasan-batasan bagi perkembangan bisnis di Indonesia.Kata Kunci: Perlindungan Konsumen, Perjanjian Baku, penyelesaian sengketa           

scholarly journals TINJAUAN YURIDIS KASUS KONTAMINASI SUSU FORMULA DALAM PERSPEKTIF PEMBINAAN DAN PENDIDIKAN KONSUMEN

SASI ◽  
2011 ◽  
Vol 17 (3) ◽  
pp. 80
Author(s):  
Theresia L Pesulima
Keyword(s):  
Urban Communities ◽  
Consumer Protection ◽  
Secondary Data ◽  
Food Products ◽  
Good Communication ◽  
The Public ◽  
Positive Law ◽  
Legal Provisions ◽  
Library Research ◽  
The Government

This study aims to determine the consumer protection system containing legal certainty and transparency of information and access to information. This study is normative, a study that examines the legal provisions of positive law and legal principles. The data used are secondary data, data obtained through library research and research tools for obtaining secondary data obtained through the study of documents. The results show that the picture is not clear that information obtained by the public in the case of infant formula reflects that the system of consumer protection provisions contained in the Consumer Protection Act can’t be realized the government and the level of knowledge/education is uneven between urban communities and suburban/rural . As such, it needs continuous efforts in fostering a critical attitude to the public on the quality of food products so as to encourage the creation of an attitude of prudence consuming public in terms of food products, and the Government should have good communication skills with the public as consumers.

The Rule of Climate Policy: How Do Chinese Judges Contribute to Climate Governance without Climate Law?

2021 ◽  
pp. 1-21
Author(s):  
Mingzhe Zhu
Keyword(s):  
Climate Change ◽  
Climate Policy ◽  
Legal Reasoning ◽  
Executive Branch ◽  
Ecological Civilization ◽  
Climate Governance ◽  
Positive Law ◽  
Legal Provisions ◽  
Strict Rule ◽  
Legal Grounds

Abstract China's climate governance is distinguished by the contrast between an abundance of policies on climate change and the lack of legally binding laws. This article argues that Chinese courts bridge this difference, which fosters a ‘rule of climate policy’ rather than a strict rule of law. The effective authority of Chinese climate policy is made possible in practice both by provisions of the Chinese Constitution and the prevailing use of legal reasoning. China's constitutional design of ‘ecological civilization’ delegates the duty and the power of managing climate change issues to the executive branch of its government. Most Chinese documents on climate governance have no binding legal force, which means, according to positive law, that they cannot serve as legal grounds for judicial decisions. Chinese judges, in deciding climate-related disputes, must combine legal provisions and non-binding materials to achieve regulatory goals. They use non-legal materials to support statutory or contractual interpretations and determine the existence or limits of rights, which alters the meaning and scope of existing legal terms and principles. This rule of climate policy is possible in the courtroom because judges justify public policy considerations with arguments of principle that are substantiated in various non-binding climate plans.

scholarly journals Kewenangan Badan Penyelesaian Sengketa Konsumen (BPSK) dalam Menyelesaikan Sengketa Asuransi Pasca Keluarnya Peraturan Otoritas Jasa Keuangan (OJK) Nomor 1/POJK.07/2014

2019 ◽  
Vol 12 (2) ◽  
pp. 102
Author(s):  
Wisnu Kumala ◽  
Yaswirman Yaswirman ◽  
Ulfanora Ulfanora
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Financial Services ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Legal Research ◽  
Research Results ◽  
Consumer Protection Act ◽  
Legal Effect ◽  
Legal Consequences

There is a tug of authority in resolving insurance disputes outside the court between the Consumer Dispute Settlement Agency (BPSK) based on Law Nomor 8 of 1999 concerning Consumer Protection with Alternative Dispute Resolution Institutions (LAPS) based on Financial Services Authority Regulation Number 1/POJK.07/2014. This encourages the author to conduct legal research in order to determine the authority of BPSK in resolving insurance disputes as well as the legal consequences of the decision after the issuance of the Financial Services Authority Regulation Number 1/POJK.07/2014 using the statutory approach. This legal research results in the finding that BPSK is still authorized to settle insurance disputes following the issuance of the Financial Services Authority Regulation Number 1/POJK.07/2014, this is based on the provisions of the Lex superior derogat legi inferiori principle. Then there is no legal effect on the BPSK decision after the issuance of the Financial Services Authority Regulation. This is because BPSK's decision has been based on Law Number 8 of 1999 concerning Consumer Protection, whose position is higher than the Regulation of the Financial Services Authority. So there is no need for BPSK to follow the provisions of the regulations whose hierarchy of legislation is lower than the Consumer Protection Act. Therefore BPSK's decision is "final and binding" as explained in Article 54 paragraph 3 of the Consumer Protection Act.

scholarly journals Mekanisme Penyelesaian Sengketa Informasi Publik di Pengadilan Tata Usaha Negara Denpasar

2020 ◽  
Vol 1 (2) ◽  
pp. 93-98
Author(s):  
I Made Bayu Ari Budi Utama ◽  
Ida Ayu Putu Widiati ◽  
Luh Putu Suryani
Keyword(s):  
Dispute Resolution ◽  
Public Information ◽  
Implementation Process ◽  
Empirical Method ◽  
Public Agency ◽  
Administrative Process ◽  
Material Sources ◽  
Litigation Process ◽  
Public Body ◽  
Dispute Resolution Mechanism

The sustainability of public information is an inseparable aspect of democracy, which upholds freedom and human rights. The sustainability of public information is an important aspect in fulfilling individual rights to public information. However, in practice, the public's understanding of the dispute resolution mechanism on the Sustainability of Public Information is still low. In addition, in the implementation of this Public Information Sustainability dispute, there are still obstacles that can interfere with the implementation process. That can be in the form of the applicant's lack of interest in requesting information and the applicant's lack of understanding of the administrative process in dispute implementation. Based on these problems, the purpose of this study is to know the efforts to resolve public information disputes and practice the process of dispute resolution on the sustainability of public information. The research method used is the empirical method assisted by primary and secondary legal material sources and uses qualitative techniques, namely by describing legal data first, then analyze through analysis techniques with interpretive techniques and shed descriptively in the form of a thesis. Efforts to resolve public information disputes can be carried out through two processes, namely the non-litigation process carried out at the competent Regional Information Commission and the litigation process undertaken at the State Administrative Court if the disputing public body is a State-owned public agency or a PN if the disputing public body is said. is a private public body. In practice, the process of resolving information sustainability disputes in Indonesia still has obstacles which can be in the form of misunderstandings caused by the applicant's lack of understanding of the application mechanism or the stages of the administrative process that must be passed in filing a dispute on the sustainability of public information.  

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.

Protección del consumidor en los mercados: una perspectiva romanística del derecho de información y la transactio

2020 ◽  
Vol 60 (3) ◽  
pp. 299-324
Author(s):  
José Luis Zamora Manzano
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Alternative Dispute Resolution ◽  
Roman Law ◽  
Weights And Measures ◽  
Consumer Law ◽  
Alternative Method ◽  
History Of ◽  
Eu Directives

In the present paper, we will focus on information on consumer protection and mediation which allows a much quicker resolution of any conflicts that arise in the matter of consumption, emphasizing the sources of Roman law where we find the Consumer protection carried out by the aediles, who were in charge of controlling and monitoring the markets, speculation and weights and measures, for this we analyze mainly sources such as D.21.1.1.1 and the vice that originated the redhibition D.21.16 and 21.1.14.10, among others. Moreover, the jurisdiction of the aediles developed in the same way as the praetors within their sphere of competence of the markets, the resolution of conflicts through the transaction that implies a history of mediation and that today is articulated as an alternative method of dispute resolution. Subsequently we analyze the bases that remain on some principles of current consumer law and the panorama that shows the incorporation of EU directives such as 2011/83/EU and the recent 2013/11/EU that encourages alternative dispute resolution (ADR).

ZAŠTITA POTROŠAČA NA TRŽIŠTU DIGITALNE IMOVINE

2021 ◽  
pp. 369-381
Author(s):  
Borko Mihajlović ◽  
Keyword(s):  
Comparative Analysis ◽  
Consumer Protection ◽  
Main Subject ◽  
Consumer Law ◽  
Legal Provisions ◽  
Digital Assets ◽  
The Eu

Increased importance and availability of different forms of digital assets have resulted in increased consumers’ interest to conduct transactions with this specific type of assets. Increased consumers’ presence on the markets for digital assets has become one of the major challenges that modern consumer law encounters. The main risk faced by consumers who trade with different forms of digital assets arises from their instability and volatility. For that reason, the possibility of a loss of invested means is significantly higher compared to other similar marketplaces. The main subject of this paper is a review of basic mechanisms of consumers’ protection on the markets for digital assets. The review has been based on a comparative analysis of the Serbian Law on Digital Assets and of the EU Proposal for a Regulation on Markets in Crypto-assets. Before the analysis of concrete legal provisions on consumer protection has been made, the author indicates to certain traits of digital assets and problems and risks that consumers face in this innovative and dynamic marketplace.

scholarly journals Regulating Misleading Advertisements: Legal Provisions and Institutional Framework

2001 ◽  
Vol 26 (2) ◽  
pp. 51-58 ◽  
Author(s):  
D P S Verma
Keyword(s):  
Adverse Effect ◽  
Consumer Protection ◽  
Consumer Welfare ◽  
Institutional Framework ◽  
Consumer Protection Act ◽  
Legal Provisions ◽  
The World

In view of its adverse effect on consumer welfare, misleading advertising is sought to be regulated in most of the countries of the world. This note presents the legal provisions and institutional framework that regulate misleading advertisements in our country such as the MRTP Act, the Consumer Protection. Act, etc.

Consumer protection and electronic commerce in the Sultanate of Oman

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Rakesh Belwal ◽  
Rahima Al Shibli ◽  
Shweta Belwal
Keyword(s):  
Electronic Commerce ◽  
Consumer Protection ◽  
Research Process ◽  
Legal Framework ◽  
Consumer Confidence ◽  
Research Approach ◽  
Sultanate Of Oman ◽  
Protection Measures ◽  
Content Type ◽  
Legal Provisions

Purpose Within a larger mandate of reviewing the key global trends concerning consumer protection in the electronic commerce (e-commerce) literature, this study aims to study the legal framework concerning e-commerce and consumer protection in the Sultanate of Oman and to analyse the current regulations concerning e-commerce and consumer protection. Design/methodology/approach This study followed the normative legal research approach and resorted to the desk research process to facilitate content analysis of literature containing consumer protection legislation and regulatory provisions in Oman in particular and the rest of the world in general. Findings The study reveals that consumer protection initiatives in Oman are well entrenched for offline transactions, but are relatively new and limited for e-commerce. In spite of the promulgation of consumer protection laws, electronic transaction law and cybercrime law, consumer protection measures for e-commerce in Oman do not address a large number of the global concerns necessary to build consumer confidence and trust in the online environment. Research limitations/implications There is a dearth of information concerning Oman on this topic in the extant literature. The research also witnessed the lack of empirical data on the issue of consumer protection and e-commerce in Oman that offer a detailed database of consumer complaints and associated outcomes. Practical implications The mechanism of consumer protection in electronic transactions is not robust in many countries. Because of the lack of comprehensive and robust legislation, consumers remain vulnerable in the online contractual purchase process. Moving beyond the fragmented legislation, many countries are currently mulling an all-comprehensive e-commerce law, implications of this paper will help the policymakers in identifying the focus areas. Social implications Consumer protection is a burning global issue in this era of consumerism. It is important to build consumer trust, transparency and integrity of transactions to reduce the risk and uncertainties of purchase. Originality/value Consumer protection studies conducted in the context of Oman, hitherto, deal more with data protection and dispute resolution mechanisms, and less with legal provisions, regulations and consumer confidence. The study shares newer insights based on a systematic review of legal and business databases. It is the first study of its kind in the context of Oman and the Middle East in general.

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