scholarly journals PERAN LEMBAGA PERLINDUNGAN KONSUMEN TERHADAP KONSUMEN DAN PELAKU USAHA

2018 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
Kadi Sukarna
Keyword(s):  
Economic Growth ◽  
Law Enforcement ◽  
Consumer Protection ◽  
Legal Certainty ◽  
Protection Agency ◽  
Consumer Protection Act ◽  
The Government

<p>Penulisan ini dimaksudkan untuk mengetahui tentang perlindungan konsumen dan azas-azas yang berlaku di dalam Undang-Undang Perlindungan Konsumen sesuai Pasal 2 UU No 8 Tahun 1999. Konsumen adalah setiap orang pemakai barang, dan atau jasa yang tersedia dalam masyarakat baik bagi kepentingan diri sendiri, keluarga, orang lain, maupun makluk hidup lain dan tidak untu diperdagangkan. Perlindungan konsumen adalah segala upaya yang menjamin segala kepastian hukum untuk memberi perlindungan kepada Konsumen.Disamping itu membahas tentang hak dan kewajiban konsumen dan pelaku usaha. Sebagaimana rumusan Pasal 4 jo 5 Undang-undang Perlindungan Konsumen. Penegakan hukum Perlindungan Konsumen harus melibatkan banyak pihak terutama pemerintah dan Lembaga Perlindungan Konsumen dan lembaga pengawas lain, serta harus terkoordinasi dengan instansi-instansi terkait supaya terjadi keharmonisan dan tidak tumpang tindih kebijakan atau keputusan. Hal ini diharapkan dapat mendorong pertumbuhan ekonomi dengan baik tanpa harus merugikan konsumen atau pengguna barang/atau jasa. Karena keberadaan Undang-Undang Perlindungan Konsumen ini sudah cukup representatif untuk melindungi konsumen asalkan Undang-undang telah dipahami oleh pelaku usaha dan konsumen.</p><p><em>This writing is intended to find out more about consumer protection and the principles that apply in the Consumer Protection Act in accordance with Article 2 of Law No. 8 of 1999. The customer is everybody user of goods and or services available in the community for the benefit of themselves, family, others, as well as other living beings and not untu traded. Consumer protection is all the effort that ensures all legal certainty to provide protection to Konsumen.Disamping it discusses the rights and obligations of consumers and businesses. As the formulation of Article 4 jo 5 Consumer Protection Act. Consumer Protection Law enforcement must involve many parties, especially the government and the Consumer Protection Agency and other supervisory agencies, and must be coordinated with the appropriate agencies to happen harmony and not overlapping policies or decisions.This is expected to stimulate economic growth by fine without harming consumers or users of goods / services. Due to the existence of the Consumer Protection Act is already sufficiently representative to protect consumers as long as the legislation has been understood by businesses and consumers.</em></p><p><em> </em></p>

scholarly journals Perjanjian Jaminan Fidusia Kaitan dengan Penyidikan Tindak Pidana Perlindungan Konsumen

2019 ◽  
Vol 1 (2) ◽  
pp. 157-166
Author(s):  
Iskandar Muda Sipayung ◽  
Tan Kamello ◽  
Marlina Marlina ◽  
Arie Kartika
Keyword(s):  
Consumer Protection ◽  
House Of Representatives ◽  
Criminal Investigation ◽  
Legal Certainty ◽  
Legal Research ◽  
Consumer Protection Act ◽  
Approach Method ◽  
The Republic ◽  
The Government ◽  
The Relationship

This research is normative legal research, an explanatory descriptive nature that aims to describe, disclose and explain the relationship between the non-criminal investigation of consumer protection with consumer guarantee agreements. The analysis is carried out using a juridical approach method which is then synchronized vertically or horizontally to related laws to see the existence of harmonization and certainty in the existing legal system. To further sharpen the results of the study also carried out an analysis of the effectiveness of the case. The results of the study provide an illustration that the Fiduciary Security Act has a problem in Article 15 regarding the provisions of the procedure for execution that is contrary to the HIR / RBg. Likewise, between Article 54 paragraph (3) and Article 56 paragraph (2) of the Consumer Protection Act, an inconsistency occurs in its application and implementation. With respect to agreements containing standard clauses, business actors and / or their management can be criminalized, in accordance with Article 18 in conjunction with Article 62 of the Consumer Protection Act. It is recommended that the Government and the House of Representatives of the Republic of Indonesia be able to revise these articles in order to realize legal certainty for all parties.

HUKUM DAN TEKLOGI SUATU KAJIAN TEORITIS TERHADAP PENOMENA LAYANAN TRANSFORTASI ONLINE

2017 ◽  
Vol 6 (1) ◽  
pp. 20
Author(s):  
Aria Dimas Harapan
Keyword(s):  
Economic Growth ◽  
Theoretical Study ◽  
Legal Protection ◽  
Creative Economy ◽  
Legal Certainty ◽  
The People ◽  
The Government ◽  
The Times

ABSTRACTThe essence of this study describes the theoretical study of the phenomenon transfortation services online. Advances in technology have changed the habits of the people to use online transfortation In fact despite legal protection in the service based services transfortation technological sophistication has not been formed and it became warm conversation among jurists. This study uses normative juridical research. This study found that the first, the Government must accommodate transfotation online phenomenon in the form of rules that provide legal certainty; second, transfortation online as part of the demands of the times based on technology; third, transfortation online as part of the creative economy for economic growth . 

scholarly journals EFEKTIVITAS PENEGAKAN HUKUM TERHADAP PRODUSEN MAKANAN DI INDONESIA

2019 ◽  
Vol 1 (02) ◽  
pp. 146-161
Author(s):  
Ruli Purnamasari ◽  
Solihan Solihan ◽  
Viyola Azzahra
Keyword(s):  
Law Enforcement ◽  
Consumer Protection ◽  
Criminal Responsibility ◽  
Health And Safety ◽  
Food Products ◽  
Health Law ◽  
Legal Research ◽  
Consumer Protection Act ◽  
Food Law ◽  
Law Enforcement Officials

Abstrak   Efektivitas penegakan hukum terhadap produsen makanan berbahaya menuju Indonesia Sehat 2025 tersebut didasarkan apabila pelaku usaha memproduksi dan memperdagangkan produk makanan yang mengandung bahan kimia serta membahayakan kesehatan dan keselamatan konsumen, maka pelaku usaha/produsen melanggar Undang-Undang Nomor 36 Tahun 2009 tentang Kesehatan, Undang-Undang Nomor 18 Tahun 2012 tentang Pangan, Undang-Undang Nomor 8 Tahun 1999 tentang perlindungan Konsumen.  Penelitian ini merupakan penelitian hukum normative yang bertujuan untuk mengetahui Faktor yang mempengaruhi terhadap efektivitas penegakan hukum terhadap produsen makanan berbahaya menuju Indonesia Sehat 2025. Faktor hukumnya, yaitu lemahnya sanksi terhadap pelanggarnya, proses penanganan masalah berbelit-belit, kurang profesionalnya para aparatur penegak hukum dan kurangnya koordinasi antar penegak hukum. Tanggung jawab pidana produsen terhadap kerugian yang diderita konsumen akibat makanan berbahaya yang diproduksi, dipasarkan, ditawarkan dan diperdagangkannya, secara yuridis, dalam konsepsi Undang-Undang Perlindungan Konsumen dan peraturan perundang-undangan terkait lainnya.   THE EFFECTIVENESS OF LAW ENFORCEMENT ON FOOD MANUFACTURERS IN INDONESIA   Abstract   The effectiveness of law enforcement against dangerous food producers towards Healthy Indonesia 2025 is based on if business actors produce and trade food products that contain chemicals and endanger the health and safety of consumers, then the business actor/producer violates Law Number 36 of 2009 concerning Health, Law No. Law Number 18 of 2012 concerning Food, Law Number 8 of 1999 concerning Consumer Protection. This research is a normative legal research that aims to determine the factors that influence the effectiveness of law enforcement against producers of dangerous food towards Healthy Indonesia 2025. The legal factors are the weakness of sanctions against violators, the process of handling problems is complicated, the lack of professionalism of law enforcement officials and the lack of coordination between law enforcement. The producer's criminal responsibility for the loss suffered by the consumer due to the dangerous food produced, marketed, offered and traded, legally, in the conception of the Consumer Protection Act and other relevant laws and regulations.   Keywords: Effectiveness, Law Enforcement, Food Producers

scholarly journals PROBLEMATIKA PENERAPAN PIDANA MATI DALAM KONTEKS PENEGAKAN HUKUM DI INDONESIA

2012 ◽  
Vol 1 (2) ◽  
pp. 207
Author(s):  
Slamet Tri Wahyudi
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Death Penalty ◽  
Government Policy ◽  
Secondary Data ◽  
Legal Issues ◽  
Government Policies ◽  
Legal Certainty ◽  
The People ◽  
The Government

Law enforcement without direction and not based on the three pillars of the justice of law, legal certainty and the benefits to society can break the law anyway even violate human rights. As one of the policies of the government that are not considered mencerminakan the values of justice and disturbing for the people, the government policy that acts of omission or delay in the application of the death penalty. This research is a normative legal normative juridical approach. The data collected is secondary data were analyzed using qualitative methods juridical analysis. Based on these results it can be concluded that in the application of the death penalty there are serious legal issues, this is due to government policies that commit omission or delay in the execution of the death penalty is a violation of human rights as stipulated in Article 28 of the 1945 Constitution. Keywords: Death penalty, Justice, Legal Certainty, Law

scholarly journals PELAKSANAAN UNDANG-UNDANG NOMOR 33 TAHUN 2014 TENTANG JAMINAN PRODUK HALAL TERHADAP PENDAFTARAN SERTIFIKAT HALAL PADA PRODUK MAKANAN

2018 ◽  
Vol 1 (1) ◽  
pp. 511
Author(s):  
Melissa Aulia Hosanna ◽  
Susanti Adi Nugroho
Keyword(s):  
Consumer Protection ◽  
Food Products ◽  
Legal Certainty ◽  
Muslim Population ◽  
Halal Food ◽  
The Government ◽  
Laws And Regulations

Food is one of the most necessary needs of humans to survive so that everyone is expected to pay more attention to the food products that will be consumed.Indonesia is a country with a predominantly Muslim population. In the teachings of Islam there are orders to consume halal food and prohibition to consume illegitimate food. Halal product is a product that qualifies halal according to Islamic syariat from its substance, its process and its storage and presentation. This study aims to determine the implementation of law number 33 of 2014 on the guarantee of halal products on the registration of halal certificates on food products and what are the constraints faced in registering halal certificates.The guarantee of consumer protection against the circulation of halal labeled food products is already guaranteed according to the prevailing laws and regulations and the products labeled official halal have provided legal certainty to the halal nature of the product itself which can be seen from the authority given by the government to MUI and BPJPH.

scholarly journals KLAUSULA EKSONERASI DALAM PERJANJIAN KREDIT ANTARA PT. MANDIRI PERSERO (TBK) SEMARANG DENGAN WIBOWO S.E. DAN SITI AISYAH (Studi Kasus Putusan No. 8 K/Pdt/2013)

2019 ◽  
Vol 1 (2) ◽  
pp. 595
Author(s):  
Hellen Rumiris ◽  
Stanislaus Atalim
Keyword(s):  
Consumer Protection ◽  
Risk Sharing ◽  
The Other ◽  
Bank Credit ◽  
Standard Contract ◽  
Consumer Protection Act ◽  
The Republic ◽  
The Government ◽  
Credit Agreement ◽  
Banking Credit

Granting credit by the bank to the society greatly helps to develop a business that is run by community both individuals and legal entities. The government of the Republic of Indonesia has intructed banking to provide credit facilities especially for the middle and lower businesses. Banking credit agreement is a standard contract made by the bank by almost not giving freedom at all to the other parties to do negotiation for the requirements offered. This type of research using a normative juridicial research. This research aims to analyze the exoneration clauses in a credit agreement between PT. Bank Mandiri Persero (Tbk) Semarang with Wibowo, S.E. and Siti Aisyah. The bank credit agreement is the legal agreement to the Article 1320 of Indonesian Civil Code. However, the exoneration clauses listed on it contradicts some basis in the law agreement and also violates the provisions of Article 18 of The Consumer Protection Act. Clauses in a credit agreement are made to regulate the rights and the obligatons of the parties so that reasonable risk sharing occures between the bank and the customer. In fact, exoneration clauses are often abused by businessman attempting to diminish, divert and even refuse responsibility. The result of this research concludes that: First, the Government must provide more limits on the using of exoneration clauses through revision of The Consumer Protection Act. Second, PT. Bank Mandiri (Tbk) Semarang must be more meticulous and careful to determine contents of credit agreement.

scholarly journals Pelaksanaan Pertanggungjawaban Sosial Perbankan terhadap Koperasi dalam Hal Sertifikasi Kekayaan Intelektual Sebagai Jaminan Kredit Perbankan

Wajah Hukum ◽  
2020 ◽  
Vol 4 (1) ◽  
pp. 160
Author(s):  
Wibi Anska Putri
Keyword(s):  
Economic Growth ◽  
Legal Protection ◽  
Bank Loans ◽  
Legal Certainty ◽  
The Social ◽  
Banking Institutions ◽  
The Government ◽  
Credit Agreement ◽  
Linkage Program

HKI is a work declared by creative economic actors as an effort to encourage Indonesia's economic growth. In addition to being a form of legal protection, the existence of one type of HKI namely the brand can be used as a concept as collateral. In fact, there is no legal force to implement this because there are no regulations governing it, causing legal uncertainty for the parties involved, especially regarding the policy of banking institutions in providing credit to cooperatives or UMKM that have been certified. The results of this paper show that the application of collective brand certificates to be used as collateral for bank loans does not yet have legal certainty, and the efforts that can be made by the government are to harmonize regulations, provide counseling on the importance of the existence of HKI, and monitor the balance between applicable rules and reality. which took place in the field. The role of cooperatives or UMKM is to maintain good performance when banking institutions have provided access to capital in the form of credit by implementing the Linkage Program Executing pattern based on the principle of consensus or trust and applying risk management principles in each credit agreement. The social responsibility of banking institutions in this case is to provide easing of collateral and is not commercial in nature.

scholarly journals Relevance of Law Consumer Protection on Aircraft Post Master Flight Agent

2019 ◽  
Vol 2 (1) ◽  
pp. 50-65
Author(s):  
Fitri Pratiwi Rasyid
Keyword(s):  
Consumer Protection ◽  
Legal Certainty ◽  
Ticket Sales ◽  
Travel Agents ◽  
Consumer Protection Act ◽  
Trading Activities ◽  
Airline Ticket ◽  
Laws And Regulations

At the time of the accident on the Lion Air flight JT 610, there were many ideas to close the flight operating permit. In fact, if reviewed further, for whatever reason, in some "corners", there are other rights that have not even received legal certainty about their protection. One of them is about airline ticket agents. Basically, according to the Consumer Protection Act, protection is not only given to consumers but businesses are also included in carrying out their trading activities. Business actors reach up to the airline agents. Moreover, before having a ticket sales permit, the agent must make a deposit to the airline ticket being sold. However, the protection that should be given in the laws and regulations does not explain the airline's obligation to return deposits to travel agents, who are likely to suffer fatal losses.

scholarly journals PENEGAKAN HUKUM KEHUTANAN DALAM UNDANG-UNDANG NOMOR 18 TAHUN 2013 TENTANG PENCEGAHAN DAN PEMBERANTASAN PERUSAKAN HUTAN DITINJAU DARI PERSPEKTIF KEADILAN MASYARAKAT HUKUM ADAT

2019 ◽  
Vol 16 (2) ◽  
Author(s):  
Rugun Romaida Hutabarat ◽  
Luisa Srihandayani ◽  
Kexia Goutama ◽  
Yoefanca Halim
Keyword(s):  
Law Enforcement ◽  
Indigenous People ◽  
Forest Products ◽  
Conclusive Evidence ◽  
Legal Certainty ◽  
Application Of Law ◽  
Normative Approach ◽  
Ignorance Of Law ◽  
The Government ◽  
Implementation Level

Forest destructions has been escalating worldwide, including in Indonesia. Therefore, the Government issued Law Number 18 / 2013 on the Prevention and Eradiction of Deforestation (P3H) which was expected to guarantee legal certainty with emphasis on eradication of organized forest destruction. The problem to be discussed in this paper is about law enforcement and application of Law Number 18 / 2013 which frequently used to criminalize the indigenous people in Indonesia. The indigenous people have been criminalized on the ground of unlawful forest products utilization, while they merely foraging to fulfill their basic necessities. The criminalization of indigenous people is a conclusive evidence, which proof that Indonesian Goverment has been neglecting the indigenous people’s right. This paper use normative approach. The conclusion of this paper analyze that the problem of the criminalization happens in implementation level, which caused by the ignorance of law enforcement apparatus and vested interest.

scholarly journals Gugatan Class Action dalam Hukum Perlindungan Konsumen

to-ra ◽  
2015 ◽  
Vol 1 (2) ◽  
pp. 89
Author(s):  
Wiwik Sri Widiarty
Keyword(s):  
Consumer Protection ◽  
Low Cost ◽  
Class Action ◽  
Judicial Process ◽  
Consumer Protection Act ◽  
Civil Lawsuit ◽  
The Government ◽  
The Many ◽  
The Right ◽  
First Time

Abstract   First time of the many cases that harm the interests of consumers as well as to the need for information and the development of knowledge in the field of law today is known as the class action, the Government, and Dewan Perwakilan Rakyat give attention to consumers in Indonesia. Provisions governing Class Action contained in Law No. 32 Year 2009 on Protection And Environmental Management, and Law No. 8 of 1999 on Consumer Protection, and also law PERMA No.1 Year 2002 on Proces Class Action. In order to demand justice for the consumer losses caused by the business, the consumer has the right to demand their rights as set out in the Consumer Protection Act, that the dispute mechanism can be chosen voluntarily by the parties to the dispute, namely through the courts or out of court. The class action suit is a civil lawsuit filed by a group of people who have an interest in a similar problem, either one or more of their members to sue or be sued as representative of the group without any members of the group are involved directly in the judicial process. In connection with this there is the benefit of a class action lawsuit in consumer disputes in court, but to fight for their rights, the principle litigants with simple, fast, and low cost, and the determinants that be a reason to be eligible class action, both in practice as well as in its implementation.   Kata Kunci: Gugatan Class Action

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