scholarly journals PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP PENGGUNA KOSMETIK YANG TIDAK TERDAFTAR BADAN PENGAWASAN OBAT DAN MAKANAN (BPOM) (Studi Penelitian Di Kota Idi Kabupaten Aceh Timur)

Author(s):  
Ayu Humaira ◽  
Yulia Y ◽  
Fatahillah F

Abstract/Digest Legal protection is very important for consumers. The government has provided legal protection for consumers as regulated in Article 4 of Law Number 8 of 1999 concerning Consumer Protection. Cosmetic consumers in Idi City use a lot of cosmetic products that are not registered with BPOM, as a result, skin damage occurs after the use is made by consumers. The people of Idi City as consumers of cosmetics are easily tempted by the effects of creams that can whiten the skin in a short period of time and the community does not have awareness of the legal protection rights they have. This study aims to identify and explain the legal protection for consumers who use cosmetics that are not registered with BPOM, to find out and explain the obstacles to BBPOM Banda Aceh in legal protection of consumers using cosmetics that are not registered at BPOM and BBPOM Banda Aceh efforts in resolving barriers to consumers. cosmetic users who are not registered with BPOM. This study uses a qualitative method with an empirical juridical approach. The data were obtained through library research and supported by field research. Data analysis was done descriptively (descriptive analysis). Based on the results of the study, it is known that the implementation of legal protection for consumers has not been implemented optimally. Barriers to consumer protection are the lack of knowledge of consumers and business actors about regulations related to cosmetics. The efforts made are prevention strategies (socialization with the community), surveillance strategies and enforcement strategies. It is suggested to the public to be wiser in choosing cosmetic products. Legal awareness for business actors in producing illegal cosmetics and carrying out their obligations as business actors in accordance with the laws and regulations and BPOM further enhances the cosmetic reducer in the market. Keywords: Legal Protection, Consumers, Cosmetics.

2020 ◽  
Vol 1 (2) ◽  
pp. 30-41
Author(s):  
Tulus Siambaton ◽  
Yosua Lorenzo Tarigan

This study aims to determine the implementation of legal protection for consumers due to misleading print media advertising against misleading advertisements in print media viewed from Law No. 8 of 1999 on Consumer Protection because, in fact there are still consumers who do not know how the legal protection is due to such misleading advertising. The method used in the writing of this research is the method of library research that collects data by doing library material or secondary data that includes legislation, books, mass media, and other reading related to the writing of this research and field research methods , which is a research process by collecting data related to obtained directly from the field. In this study the collection of data in the form of interviews obtained at the place of pre-determined interviews. From the results of research obtain the form of legal protection that can be done by consumers due to misleading print media advertising is in the form of the Institution Consumer Protection Society (LPKSM) which has the task of one is to assist consumers in fighting for rights, which is based on the The Consumer Protection of Law in protecting consumers other than those officially established by the government, in Chapter IX Article 44 and the accountability of the respective business actors are those responsible for providing compensation for damage, pollution and / or consumer loss resulting from the consumption of goods and / or services produced or traded under Article 7, Article 19 paragraph (1) and Article 20 UUPK (The Consumer Protection of Law).


2017 ◽  
Vol 2 (2) ◽  
pp. 141-156
Author(s):  
Eka Supriatiningsih

Housing is a basic human need. But for the majority of the Indonesian people, the word "home" became the term that is very expensive, but the house is a building basic, fundamental and also a prerequisite for everyone to survive and live and enjoy life dignified, peaceful, safe and comfortable. Many problems regarding housing draw made this issue to be studied. Identification of research problems are 1) How is the role and perspectives of Law No. 8, 1999 (BFL) for violation of consumer rights in the housing industry?; 2) The extent to which the responsibility of the developer or developer to default or negligence in carrying out obligations, and how the reality faced by consumers?; 3) what legal action can be taken if a dispute arises consumers with businesses?. This study is a descriptive analysis is intended to provide a detailed overview of the rights of consumers in the housing industry, to see the problems that exist in the present and perspective of research that its analysis leads to the future in order to find the right policy to consumer protection housing. From these results it can be concluded that: 1) the implementation of Law No. 8 of 1999 on Consumer Protection (BFL), especially regarding the implementation of consumer rights cannot be realized as a whole, particularly with regard to the behavior for the rights, such as rights advocacy, the right to obtain redress. 2) On the issue of consumer protection, based on the findings directly in the field indicates that Act No. 8, 1999 do not yet play as expected at the time of enactment. 3) Control the government to businesses in the housing industry or developers so far only limited to licensing only, while the interactions or direct relationship between developers and consumers, the government does not intervene. On the advice of the above conclusions are: 1) There needs to be a social movement about empowering consumers so considered important encouragement for socialization activities; 2) Establishment of an independent body specialized dispute resolution field of housing or property in Indonesia is quite urgent, given the weak position of the consumer; 3) For a more integrative and comprehensive reach the target of legal protection to consumers, Act No. 8 of 1999 on Consumer Protection in the implementation must be accompanied by implementing regulations.


Author(s):  
Aria Dimas Harapan

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 . 


Author(s):  
Anggit Rahmat Fauzi ◽  
Ansari Ansari

The utilization of e-commerce media in the trading world brings impact to the international community in general and the people of Indonesia in particular. For Indonesian people, This is related to a very important legal problem. The importance of law in the field of e-commerce is mainly in protecting the parties who transact through the Internet. The purpose of this study is to know the legal review of the buying and selling agreements through electronic media as well as to know the legal protections for sellers and buyers if one of the parties commits a default. The research uses a normative juridical method of approach and the discussion is done in a descriptive analysis. The source and type of data used are primary data and secondary data. While the data collection techniques using literature studies, and the data obtained will be analyzed qualitatively. The agreement to buy and sell through electronic media is a new phenomenon that has been implemented in various countries and regulated in the Civil state nor law ITE. Legal protection for the parties in the sale and purchase agreements through electronic media is governed by the consumer protection ACT. Any breach must respond to any loss arising from his or her actions.


2020 ◽  
Author(s):  
Andri Nirwana

Abstract: The phenomenon of the people who forcibly took covid's corpse 19 from the hospital to be taken care of by Fardhu Kifayah by his family and the community, became a conclusion that there was community doubt about the management of Tajhiz Mayat conducted by the hospital. Coupled with the circulation of the video of the Ruku movement 'in the corpse prayer conducted by unscrupulous parties at the Hospital, became added doubts from the public against the hospital. To solve this problem, this research uses a Descriptive Analysis approach, namely by formulating a question, namely How to arrange Covid 19's body in Banda Aceh and this question will be answered with several theories and data sets from the field. So it was concluded in a conclusion that answered the formulation of the problems mentioned. Theoretically the spread of covid 19 is very fast, the size of the virus is only 0.1 micrometer and is in body fluids, especially nasopharyngeal fluid and oropharyngeal fluids of infected people, fluids in the body of covid 19 bodies can get out through every gap of the body such as mouth, nose, eye and rectum, because it requires special techniques in its management. Fardhu kifayah to covid 19 bodies should be carried out by trained Ustad and trained health workers, so that the spread stopped. The results of this study concluded that the management of the Moslem bodies died at Zainal Abidin Hospital in Banda Aceh was in accordance with the Fatwa of the Aceh Ulama Council (MPU) and the bodies were handled by trained Ustad and health workers.


2020 ◽  
Vol 1 (1) ◽  
pp. 181-186
Author(s):  
I Gusti Agung Gede Catra Artawan ◽  
I Nyoman Budiartha ◽  
I Nyoman Sutama

Underground water is water that is contained in a layer of soil or rock below the soil surface. This study aims to determine the government's authority in regulating groundwater permits and what are the legal consequences of violating unlicensed groundwater use. The research was conducted using empirical legal research methods, source of the data which was used are primary and secondary sources of legal materials, methods of collecting legal materials using documentation studies and field research, and analyzing legal materials using descriptive analysis methods. The results of this study indicate that the Government's authority in permitting groundwater is regulated in the Bali Governor Regulation Number 5 of 2016 concerning Groundwater Permits, particularly in Article 3 paragraph (1), it is explained that the Governor has the authority to manage groundwater in CAT in the province. In Article 3 paragraph (2), the authority of the Government (Governor) is reaffirmed, including several things, namely: granting permits for groundwater drilling; give permission to extract groundwater; grant permits for the use of groundwater; granting permits for groundwater exploitation; grant permits to groundwater drilling companies; provide guidance, supervise technical investigations and use of Groundwater. As a result of violations of the use of groundwater by violating the parties in accordance with Article 15 paragraph (1) of Law Number 11 of 1974 concerning Irrigation, it is stated that anyone who deliberately runs water and / or water sources business without permission from the Government is punishable by imprisonment. 2 (two) years and or a maximum fine of Rp. 5,000,000 (five million rupiah).


2021 ◽  
Vol 2 (2) ◽  
pp. 281-286
Author(s):  
I Made Aswin Ksamawantara ◽  
Johannes Ibrahim Kosasih ◽  
I Made Minggu Widyantara

The phenomenon of Foreign Exchange (Forex) that runs in the investment sector and can help the development of Indonesia. Currently forex is a trend that is endemic and attracts the attention of many parties, both investors and the public in general. Foreign exchange or forex is a type of trade or transaction that trades the currency of a country against the currencies of other countries involving the main money markets in the world for 24 hours continuously, so in this case a legal protection is needed. The purpose of this research is to analyze legal protection in Forex transactions and legal sanctions imposed by the government on illegal Forex broker activities. This research uses a normative method that with a statutory approach. Sources of data used are primary data sources and secondary data sources. After primary legal data and secondary legal data are collected, the data will then be processed and analyzed using systematic legal data processing methods. The results showed that the alleged fraudulent investment fraud case under the guise of forex trading involved illegal brokers from the Guardian Capital Group (GCG) Asia, which harmed consumers. In line with that, the government issued a legal rule, namely Law No.8 of 1999 concerning Consumer Protection. The Consumer Protection Law that has been set by the government is the legal basis that is accurate and full of optimism in protecting consumer rights.


2021 ◽  
Vol 7 (4) ◽  
pp. 459-472
Author(s):  
Chatrin Intan Sari

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. 


2020 ◽  
Vol 22 (1) ◽  
pp. 25-48
Author(s):  
Sri Walny Rahayu ◽  
Widiya Fitrianda

Lagu-lagu tradisional Aceh merupakan bagian rezim hak cipta dan termasuk dalam ekspresi budaya tradisional masyarakat Aceh, kekayaan dan identitas bangsa. Untuk memajukan lagu-lagu tradisonal sebagai bagian kebudayaan Aceh, diperlukan langkah strategis melalui perlin-dungan, pengembangan, pemanfaatan, pembinaan untuk mewu-judkan masyarakat Aceh yang berdaulat secara politik, berdikari secara ekonomi, dan berkepribadian dalam Kebudayaan. Hal lainnya, lagu-lagu tradisional Aceh merupakan hak milik yang dapat beralih melalui warisan. Dalam praktiknya ahli waris pencipta lagu-lagu Aceh tidak memahami dan belum mendapatkan hak ekonominya  sebagai-mana diatur dalam Pasal 16 ayat (2) Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta. Budaya masyarakat komunal berbeda pandang dengan filosofi konsep hak kekayaan Intelektual, bersifat eksklusif monopoli, dan lemahnya implementasi penegakan hukum hak cipta merupakan persoalan yang harus mendapat perhatian pemerintah di Aceh dalam melestarikan budaya tradisonalnya. Tujuan penulisan menjelaskan perlindungan hukum terhadap lagu tradisional Aceh yang merupakan ekspresi budaya tradisional, menjelaskan perlindungan kepada ahli waris pencipta lagu Aceh melalui warisan menurut Undang-Undang Hak Cipta, Kitab Undang-undang Hukum Perdata, dan Hukum Islam menjelaskan kendala pengalihan pencipta hak ekonomi lagu-lagu tradisional Aceh melalui warisan. Jenis penelitian ini menggunakan data sekunder sebagai data utama, atau yang disebut penelitian yuridis normatif yang menguji norma hukum sebagai objek penelitian. Pendekatan yang digunakan adalah pendekatan konseptual dan pendekatan hukum komparatif. Tulisannya disajikan dalam bentuk analisis deskriptif. Aceh Traditional Cultural Expression and Its Inheritance Model Traditional Acehnese songs which are part of the copyright regimes are one part of the expression of traditional Acehnese culture, wealth and national identity. The promotion of Acehnese culture through traditional songs requires a strategic step through protection, development, utilization, and coaching to realize an Acehnese society that is politically sovereign, economically independent, and has a personality in culture. Other things Traditional Aceh songs are property rights that can be transferred through inheritance. In practice the heirs of Acehnese songs creators do not understand and obtain economic rights from the commercial use of Acehnese songs as stipulated in Article 16 paragraph (2) of Law Number 28 of 2014 concerning Copyright. The communal society's culture is different from the philosophy of the concept of intellectual property rights that is exclusively monopoly and the weak implementation of copyright law enforcement is an issue that must be gotten the attention of the government, especially in Aceh to preserve the traditional Acehnese culture which is the expression of its people. The purpose of writing is to explain the legal protection of traditional Acehnese songs which are expressions of Acehnese cultural identity, explain the protection to the heirs of the creators of Aceh songs through inheritance according to the 2014 UUHC, the Civil Code and Islamic Law and explain what constitutes obstacles to the transfer of rights economic creator of traditional Acehnese songs through inheritance. This type of research uses secondary data as the main data, or so-called normative juridical research that tests legal norms as the object of research. The approach used is the conceptual approach and comparative legal approach. This writing is presented in the form of descriptive analysis.


2019 ◽  
Vol 1 (2) ◽  
pp. 929
Author(s):  
Rini Yarti ◽  
A.M Tri Anggraini

An imported product to be traded into the territory of Indonesia must include an Indonesian language label in accordance with established regulations, the regulation is regulated in Article 2 paragraph (1) of the Minister of Trade Regulation of the Republic of Indonesia Number 73 / M-DAG / PER / 9/2015 concerning Label Inclusion In Indonesian in Goods. Every product introduced to consumers must be accompanied by correct information. This information is needed so that consumers do not have a wrong picture of the product. This information can be submitted in various ways, one of which is by including an Indonesian translation label on the foreign language label listed on the product packaging. Information on product packaging labels is very necessary for the community so that each individual can correctly determine the choice before buying and consuming the product. In fact there are still many producers who are not responsible for selling cosmetic products that do not meet the requirements. Cosmetic products that do not meet these requirements can be found easily in malls, in traditional markets, or through the internet. The role of the state in this case the government is needed to protect consumers from the circulation of products that do not meet the requirements. So legal protection for consumers is needed to increase awareness of the rights as consumers.


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