scholarly journals THE LEGAL PROTECTION WEAKNESSES ON COSTUMERS OF ONLINE SHOP TRANSACTIONS

2021 ◽  
Vol 8 (1) ◽  
pp. 118
Author(s):  
Ukie Tukinah
Keyword(s):  
Law Enforcement ◽  
Bargaining Power ◽  
Legal Protection ◽  
Protection Agency ◽  
Research Results ◽  
Online Transactions ◽  
Electronic Transactions ◽  
Maximum Benefit ◽  
The Government

Electronic transactions that are practiced in online transactions create unequal bargaining power between businesses and customers. Business actors often use the weak position of customers to get the maximum benefit from customers. This study uses a normative juridical approach. The research results obtained include the weaknesses of law enforcement, both from the Customer Protection Agency and the Indonesian Customers Foundation, arguing that there are factors that cause customer protection conditions in Indonesia to be so alarming: First, there is still an asymmetrical relationship between producers and customers. Second, customers generally do not meet sufficient bargaining power against business actors. Third, the Government in general tends to side with business actors. Fourth, there is no sense of concern from existing law enforcement institutions, both from the Police, Attorney General's Office, and the Court.

scholarly journals CONSUMER PROTECTION RELATED TO DISPENSING PUMP MANIPULATION IN SPBU (GAS STATION)

2020 ◽  
Vol 7 (2) ◽  
pp. 141
Author(s):  
Deviana Yuanitasari ◽  
Sonny Dewi Judiasih ◽  
Ratu Chairunissa
Keyword(s):  
Law Enforcement ◽  
Consumer Protection ◽  
Digital Technology ◽  
Industrial Relations ◽  
Legal Protection ◽  
Research Results ◽  
Analytical Research ◽  
Gas Station ◽  
The Government ◽  
Cooperative Relationship

Services in business activities at SPBU (gas station) often created problems between business operators and consumers that can cause cost to consumers. Underhanded practices are carried out by SPBU owner by manipulation digital technology systems that automatically measure the flow of fuel (dispensing pump) that is not in accordance with the measurements. This writing aims to review and analyze responsibility of business operators and legal protection for consumers related to manipulation dispensing pump of SPBU. The method used in this research is normative juridical with descriptive-analytical research specifications conducted with the approval of the regulations in the field of employment in terms of layoffs conducted by companies and research by interviewing the parties involved in industrial relations. Based on the research results obtained answers is: First, the responsibility of business operators who carry out manipulation dispensing pump is to revoke the PASTI PAS predicate within a period of two months and terminating cooperative relationship if the business operators is considered to inflict losses many consumers by Pertamina and granting compensation in accordance with Article 19 of UUPK. Second, legal protection for consumers is protection in the form of preventive and repressive, where prevention is carried out coaching by the government or Pertamina and repressive with law enforcement or settlement of consumer disputes both through the court and outside the court.

scholarly journals LEGAL PROTECTION FOR CONSUMERS IN TRANSACTIONS FOR E-COMMERCE

2019 ◽  
Vol 3 (1) ◽  
pp. 57
Author(s):  
Bing Yusuf
Keyword(s):  
Law Enforcement ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Community Members ◽  
Daily Consumption ◽  
Business World ◽  
Positive Law ◽  
Technological Developments ◽  
The Government ◽  
Legal Subjects

The development of information and electronic technology every time becomes faster, supported by the great curiosity of humans to make information technology and electronics as daily consumption. Technology penetrated into the business world pampering the community with ease of accessibility through ecommerce systems. People enjoy buying and selling facilities through e-commerce, but most people forget that every thing has a positive and negative side. The majority of people enjoy the convenience and convenience of e-commerce to access and obtain the desired items, but not a few community members have become victims of e-commerce transactions. The government acting as a regulator has issued a lot of laws and regulations, but until now all forms of injustice, fraud, and even crime through ecommerce buying and selling have not been completely blocked. Institutions established specifically to defend disadvantaged consumers also do not yet have adequate specifications to protect disadvantaged consumers through e-commerce buying and selling. The capabilities and facilities possessed by law enforcement officers are still limited, there are still many perpetrators of injustice, fraud and crime in buying and selling e-commerce that are still moving and operating freely. Based on the reality of e-commerce buying and selling formulated a problem regarding how legal protection is actually for consumers in buying and selling e-commerce? What obstacles are faced by consumers to get legal protection in buying and selling e-commerce? How is the legal effort made by consumers who are disadvantaged in buying and selling ecommerce? Using positive law analyzed with reality that occurs in the community it can be concluded that e-commerce buying and selling is arguably a new thing so that it demands for the whole legal system and legal subjects to adapt to technological developments and the progress of civilization

scholarly journals PERLINDUNGAN HUKUM TERHADAP IKAN HIU DAN IKAN PARI UNTUK MENJAGA KESEIMBANGAN EKOSISTEM LAUT INDONESIA

2017 ◽  
Vol 24 (2) ◽  
pp. 224
Author(s):  
Zaka Firma Aditya ◽  
Sholahuddin Al-Fatih
Keyword(s):  
Law Enforcement ◽  
Legal Protection ◽  
Environmental Issues ◽  
Conservation Areas ◽  
Marine Animals ◽  
Fishing Activity ◽  
Global Environmental ◽  
Education And Awareness ◽  
Shark Conservation ◽  
The Government

The population of sharks and rays in Indonesia threatened with extinction. Based on the findings of WWF Indonesia that there are at least 10 million sharks caught in Indonesian waters each year for commercial purposes. Urgency of protection against sharks and stingrays are not only conservation activities related to efforts to save species of marine animals from extinction, but also related to global environmental issues. Until this time there has been no regulation of the Indonesian government, which specifically provides protection to the conservation of sharks and rays in Indonesia’s marine waters. In this paper, the author will discuss two findings. First, the lack of regulations that provide legal protection to sharks and stingrays from illegal fishing activity. Secondly, there are two efforts can be made by the government, repressive and preventive measures. A repressive measure carried out by law enforcement with a very heavy sanction the perpetrators of fishing of sharks and stingrays. Preventive efforts done by making shark conservation areas and through education and awareness to the community.

scholarly journals Perlindungan Hukum Terhadap Anak Sebagai Perantara Narkotika (Study Putusan No.14/Pid.Sus Anak.2015/PN.Dps)

2021 ◽  
Vol 2 (1) ◽  
pp. 195-199
Author(s):  
Rezky Ayu Saraswati ◽  
I Nyoman Sujana ◽  
Diah Gayatri Sudibya
Keyword(s):  
Law Enforcement ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Justice System ◽  
Legal Protection ◽  
Best Interests ◽  
District Court ◽  
Criminal Sanctions ◽  
The Government ◽  
The Moment

The rise of drug trafficking involving children as narcotics couriers is a problem that needs serious attention from both the government, law enforcement and the community. Children who commit crimes must continue to obtain legal protection in the best interests of the child. Child protection is contained in Law number 11 of 2012 concerning the juvenile justice system, where at the moment children can become narcotics abuse even as narcotics brokers with the rampant abuse of narcotics for all circles both in Indonesia and in the international world. The formulation of the problem raised is how is the basis for judges' consideration in imposing criminal sanctions on children as intermediaries for narcotics? And what is the legal protection of children as an intermediary for narcotics? The problems to be discussed will be examined based on normative perspectives and the legislative approach to the decisions of the Denpasar District Court No. 14 / Pid.Sus Anak / 2015 / PN. Dps, that the judge considers that the accused child has committed narcotics crimes by being charged Law number 35 of 2009 concerning narcotics, which can be sentenced to a minimum of 5 years and a maximum of 20 years and can be subject to fines. Legal protection for children is carried out by judges by imposing criminal training on employment in a generation of Indonesian foundations, solely so that children can carry out their activities as usual when they return to the community and do not disturb their psychic rights and can increase their skills in children. The child does not return to committing a crime.

scholarly journals Enforcement of Law of Copyright Infringement and Forgery with the Rise of the Digital Music Industry

2021 ◽  
Vol 21 (2) ◽  
pp. 223
Author(s):  
Nevey Varida Ariani
Keyword(s):  
Law Enforcement ◽  
Government Regulation ◽  
Music Industry ◽  
Legal Protection ◽  
Copyright Infringement ◽  
Digital Music ◽  
Criminal Sanctions ◽  
Directorate General ◽  
The Law ◽  
The Government

The current pandemic situation encourages musicians to be productive in creating digital works such as songs and music so that their creative works can produce moral and economic values. However, infringement and forgery of digital music works are rampant. The issue of royalties is still a problem in the digital music industry in Indonesia, including new challenges to the role of aggregators and Collective Management Organization. The problem of this research is how the enforcement of the law of copyright infringement and forgery is with the emergence of the digital industry. This research used a qualitative method with a normative juridical approach. The results of the research showed that the increasing and complicated law enforcement related to digital music copyright is influenced by regulations such as complaint offense that hindered the law enforcement. The process of coordination and supervision between the Civil Servant Investigator (PPNS) of the Directorate General of Intellectual Property and other law enforcement officers needs to be improved. Law enforcement includes payment of compensation, termination of certain activities that cause harm to creators and owners of related rights, obligation to withdraw from circulation, revocation of business licenses, termination of business activities, and the last resort of ultimum remedium in the form of criminal sanctions. Dissemination of information and knowledge regarding IPR law and its derivative regulations including Government Regulation No. 50 Year 2021 carried out by the government is part of the legal protection of the society to increase public legal awareness in the digital era. 

scholarly journals UPAYA PERLINDUNGAN KORBAN TINDAK PIDANA PERKOSAAN DALAM SISTEM PERADILAN PIDANA INDONESIA

FIAT JUSTISIA ◽  
2017 ◽  
Vol 10 (1) ◽  
Author(s):  
Akbar Sayudi
Keyword(s):  
Law Enforcement ◽  
Legal Protection ◽  
The State ◽  
Government Agencies ◽  
Protection Agency ◽  
Law Enforcement Agencies ◽  
Administration Of Justice ◽  
Legal Sanctions ◽  
Victims Of Crime ◽  
Victim Protection

The importance of the protection of victims of crime to obtain serious attention, it can be seen from one form of protection by the state is the administration of justice. In addition completeness of legislations, witness and victim protection agency (LPSK), law enforcement agencies, relevant government agencies, and other parties relevant, then the judicial function plays an important role. The function of the court not only making verdict, but also recept report of compensation, or restitution, announce it and ordered the agency or the parties to implement the decision and so on. By applying legal sanctions to the perpetrator, then it implies that it is a form of attention (protection) judicially to victims of crime. Legal protection to women who are victims of this crime is not just limited to the penalization to the perpetrators, but also to the consequences that happened to him, like a pregnancy caused by rape. Keywords: Protection, Victim, Rape

scholarly journals IbM Pemanfaatan Tanaman Eceng Gondok (Eichornia crassipes) untuk Kerajinan Tas

2017 ◽  
Vol 3 (1) ◽  
pp. 34
Author(s):  
Asep Samsudin ◽  
Hendra Husnussalam
Keyword(s):  
Water Hyacinth ◽  
Aquatic Plant ◽  
Legal Protection ◽  
Executive Team ◽  
Maximum Benefit ◽  
Patent Rights ◽  
Long Time ◽  
The Government ◽  
Eichornia Crassipes

Water hyacinth (Eichornia crassipes) is floating aquatic plant that reproduces very fast so it is assumed to damage aquatic environment. Other negative assumptions about the plant are that it can cause the flood. Fortunately, there is now a partner, PKBM (Center of Adult Education Activities) Alkaromah in Cililin, Bandung who has already utilized the plants to be bag craft. However, there are several obstacles faced by the partner. The problems are the lack of practical management of bags manufacture made from water hyacinth; started the process of revocation, drying, selection, splitting and weaving. The impractical management also leads to the results of work that are too time-consuming so it is late in answering market demands. Based on the situation, we as the Executive Team of IbM has assisted the Partner to make pressing machine to facilitate the utilization of water hyacinth to be bag craft. The IbM implementation aims to improve the quality of business management and expedite the process of drying and weaving water hyacinth by saving much time. Consequently, the pressing machine has produced significant impacts; the process of drying and weaving hyacinth no longer takes a long time and the results show the quality improvement. To increase the maximum benefit, the Executive Team and Partner also discuss the market share of products. Other efforts are also discussed to make the patent rights to obtain legal protection from the government. This is the preventive step to avoid others from conducting work recognition.

scholarly journals PENETAPAN PENGADILAN SEBAGAI BENTUK UPAYA HUKUM PADA PROSES EKSEKUSI

2018 ◽  
Vol 11 (3) ◽  
pp. 367
Author(s):  
Rio Christiawan
Keyword(s):  
Law Enforcement ◽  
Forest Fires ◽  
Deductive Reasoning ◽  
Legal Protection ◽  
Supreme Court Decision ◽  
Court Decision ◽  
District Court ◽  
Environmental Damage ◽  
The Government ◽  
Banda Aceh

ABSTRAKPengadilan Negeri Meulaboh melalui Putusan Nomor 12/Pdt.G/2012/PN.Mbo jo. Putusan Pengadilan Negeri Banda Aceh Nomor 50/Pdt/2014/PN.Bna jo. Putusan Mahkamah Agung Nomor 651 K/Pdt/2015, menghukum PT KA untuk membayar ganti rugi atas kerusakan lingkungan yang ditimbulkan sebagai akibat dari kebakaran hutan. Putusan Peninjauan Kembali Nomor 1 PK/Pdt/2017 yang dimohonkan PT KA juga menolak permohonan peninjauan kembali PT KA. Ketika Kementerian Lingkungan Hidup dan Kehutanan mengajukan perintah eksekusi, justru Pengadilan Negeri Meulaboh menerbitkan Penetapan Nomor 1/Pen/Pdt/Eks/2017/PN.Mbo yang menunda eksekusi dan memberikan perlindungan hukum kepada PT KA, dengan alasan PT KA sedang mengajukan gugatan baru kepada pemerintah. Permasalahan dalam penelitian ini apakah Penetapan Nomor 1 Pen/Pdt/Eks/2017/PN.Mbo dapat menunda putusan pengadilan yang telah berkekuatan hukum tetap. Metode dalam penelitian ini adalah yuridis normatif dengan pengambilan data secara kepustakaan dengan cara berpikir deduktif dalam melakukan verifikasi data. Bagian pembahasan penelitian ini akan diuraikan bahwa penetapan dalam kasus PT KA ini akan menimbulkan ketidakpastian hukum dalam peradilan dan dikhawatirkan akan menjadi preseden baru yang kontraproduktif dalam penegakan hukum dan dapat disimpulkan bahwa penetapan tersebut melanggar prinsip hukum acara.Kata kunci: penetapan, eksekusi, preseden baru. ABSTRACTMeulaboh District Court through its Decision Number 12/Pdt.G/2012/PN.Mbo in conjunction with Decision of the Banda Aceh District Court Number 50/Pdt/2014/PN.Bna in conjunction with Supreme Court Decision Number 651 K/Pdt/2015, sentenced PT KA to pay compensation for environmental damage due to forest fires. PT KA filed an extraordinary request for review which was then rejected through Court Decision Number 1 PK/Pdt/2017. By the time the Ministry of Environment and Forestry filed a writ of execution, the District Court of Meulaboh issued the Injuction Number 1/Pen/Pdt/Eks/2017/PN.Mbo which ordered postponement of the execution and granted a legal protection to PT KA with the legal basis that PT KA was filing a new claim against the government. The main problem is whether the Injunction of Court Number 1/Pen/Pdt/Eks/2017/PN.Mbo can delay a court decision that has a permanent legal force. This research is conducted through normative juridical method based on literature sources by means of deductive reasoning in data verifying. The discussion in this research shows and explains that the injunction in the case of PT KA will cause legal uncertainty in judicial proceeding and is feared to create a new precedent that is counterproductive in law enforcement. The research concludes that the injunction has violated the main principle of procedural law.Keywords: injunction, execution, new precedent.

scholarly journals PRAKTIK REKAYASA DISPENSING PUMP SPBU PERSPEKTIF PERUNDANG-UNDANGAN DAN HUKUM ISLAM

Asy-Syari ah ◽  
2021 ◽  
Vol 22 (2) ◽  
pp. 237-258
Author(s):  
Hazar Kusmayanti ◽  
Ratu Chairunissa
Keyword(s):  
Law Enforcement ◽  
Dispute Resolution ◽  
Consumer Protection ◽  
Islamic Law ◽  
Preventive Measures ◽  
Legal Protection ◽  
Measuring Instruments ◽  
Legal Metrology ◽  
The Government ◽  
Islamic View

Abstract: This research aims to examine and analyze the responsibilities of petrol stations as well as legal protection that can be obtained by consumers designed by petrol stations based on statutory views and Islamic law. This study uses the Normative Juridical method with references to Law Number 8 of 1999 concerning Consumer Protection and Law Number 2 of 1981 concerning Legal Metrology regarding measuring instruments. These results conclude that: First, engineering pump removal by business actors carried out by SPBU managers has an impact on the revocation of the PASTI PAS predicate by Pertamina which has harmed consumers, so that it is the responsibility of business actors who provide compensation in accordance with Article 19 of the Consumer Protection Law because it has increased to default. Furthermore, in Islamic law, the stipulation of compensation is carried out because no loss or damage to the victim has occurred. Second, legal protection for consumers, namely in the form of preventive and repressive. Preventive measures are carried out by providing guidance by the government and Pertamina, while repressiveness is carried out by law enforcement and / consumer dispute resolution both through courts and outside the court. Likewise, the Islamic view of pump engineering is not in line with the principles and principles of Islamic law because there is an element of gharar in it.

scholarly journals Perlindungan Hukum Para Pihak dalam Perjanjian Jual Beli Melalui Media Elektronik

2021 ◽  
Vol 2 (1) ◽  
pp. 202-206
Author(s):  
Pande Bagus Yoga Pratama Putra ◽  
I Nyoman Putu Budiartha ◽  
Desak Gde Dwi Arini
Keyword(s):  
Human Trafficking ◽  
Research Method ◽  
Legal Protection ◽  
Power Of Attorney ◽  
Legal Research ◽  
Online Transactions ◽  
Internet Media ◽  
Electronic Transactions ◽  
The Media ◽  
Legal Consequences

Electronic commerce (E-commerce is basically an act in which contact online transactions using the internet media, and also the existence of E-Commerce is a promising business alternative to be implemented today. This study aims to analyze the validity of the sale-purchase agreement through the media. electronic or internet according to Law No. 11 of 2008 and knowing the form of legal protection for parties in sale and purchase agreements through electronic media in the event of a failure. The research method used is normative legal research with a bullying approach. wan achievement, the party who is responsible for all legal consequences in the implementation of electronic transactions is if it is done alone, all legal consequences in the execution of the transaction are the responsibility of the transacting parties if it is done by granting power of attorney all legal consequences in the implementation of t Electronic transactions are the responsibility of the attorney if done through an electronic agent. All legal consequences in the implementation of electronic transactions are the responsibility of the electronic agent operators. It's simple if in this case an honest character is needed in good faith, where the seller and the buyer must be honest with each other, there are no parties and are harmed for their benefit only so that a valid agreement occurs, and also the goods being traded do not violate the law in Indonesia, such as sharp weapons, protected animals, human trafficking, and drugs.

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