scholarly journals Legal Protection of Consumer Rights in The Services of Sriwijaya Travel Pass Based on Law Number 8 of 1999 Concerning Consumer Protection

Author(s):  
Stanny Puspa Anjani ◽  
Amad Sudiro
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. 


2019 ◽  
Vol 18 (2) ◽  
pp. 215
Author(s):  
Dewi Setyowati ◽  
Candra Pratama Putra ◽  
Ramdhan Dwi Saputro

<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>


AL- ADALAH ◽  
2021 ◽  
Vol 18 (1) ◽  
Author(s):  
Rahmi Dewanty Palangkey ◽  
Kasjim Salenda ◽  
Marilang Marilang ◽  
A Qadir Gassing ◽  
Huilili YuXi ◽  
...  

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.


Yustitia ◽  
2021 ◽  
Vol 7 (1) ◽  
pp. 121-135
Author(s):  
Saefullah Yamin ◽  
Sari Arta Uli Sihaloho

Consumer Protection is a form of legal protection given to consumers in their efforts to meet their needs from things that can harm the consumers themselves. Therefore, talking about consumer protection means questioning guarantees or assurances about the fulfillment of consumer rights. In the legal field, this term is still relatively new, especially in Indonesia, while in developed countries consumer protection is discussed along with the development of industry and technology. In this study formulate the problem of how the legal protection of consumers for defective food products and how the responsibility of business actors for defective food products. The research method used is a normative juridical approach with data collection techniques through library research, both primary legal materials, namely reference books and regulations related to consumer protection, secondary legal materials, and tertiary legal regulations. The purpose of this study is to find out how the legal protection of consumers for defective food products and describe how the responsibility of business actors for defective food products. The theory used in this study uses the rule of law theory and the theory of legal protection. In this study, it can be concluded that consumers' rights are protected against products that are not in accordance with what they should be. In the case of sausages containing maggots, it is hoped that business actors or PT. So Good Food compensates for losses and improves quality control in producing its products.


2020 ◽  
Vol 2 (01) ◽  
pp. 34-51
Author(s):  
Mega Waty

Pasal 4 butir (c) Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen pada Hak Konsumen untuk mendapatkan hak atas informasi yang benar, jelas, dan jujur mengenai kondisi dan jaminan barang dan/atau jasa. Faktanya masih ada konsumen yang belum mendapatkan haknya seperti yang diatur dalam undang-undang. Penelitian ini bertujuan untuk mengetahui dan menganalisis perlindungan hukum terhadap konsumen penerbangan di indonesia, dan untuk mengetahui bagaimana akibat hukum terhadap maskapai penerbangan yang tidak melindungi konsumen. Jenis penelitian ini adalah Penelitian Hukum Normatif. Hasil Penelitian memperlihatkan bahwa Perlindungan hukum terhadap konsumen penerbangan di Indonesia, tidak maksimal dikarenakan belum efektifnya sistim perlindungan konsumen yang meliputi ganti rugi terhadap barang kehilangan, kerusakan dan keterlambatan penerbangan. Akibat hukum terhadap maskapai penerbangan yang tidak melindungi konsumen, dapat dilaksanakan melalui peradilan (Litigasi) dan diluar pengadilan (non-litigasi), sesuai dengan pelaksanaan perundang-undangan yang ada akan tetapi belum optimal sesuai dengan amanat Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen. Article 4 point (c) of Law Number 8 of 1999 concerning Consumer Protection on Consumer Rights to obtain the right to correct, clear, and honest information regarding the conditions and guarantees of goods and/or services. The fact is that there are still consumers who have not yet received their rights as regulated by law. This study aims to determine and analyze the legal protection of aviation consumers in Indonesia, and to find out how the legal consequences for airlines that do not protect consumers. This type of research is normative legal research. The results of the study show that legal protection for aviation consumers in Indonesia is not optimal due to the ineffectiveness of the consumer protection system which includes compensation for lost goods, damage and flight delays. The legal consequences for airlines that do not protect consumers can be carried out through court (litigation) and out of court (non-litigation), in accordance with the implementation of existing laws but not yet optimal in accordance with the mandate of Law Number 8 of 1999 concerning Protection Consumer


2020 ◽  
Vol 14 (2) ◽  
pp. 18
Author(s):  
Ni Putu Yunika Sulistyawati ◽  
Ni Made Yuniari ◽  
I Nyoman Agus Trisnadiasa

<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>


2018 ◽  
Vol 1 (1) ◽  
pp. 1212
Author(s):  
Illona . ◽  
Anna Maria Tri Anggraini

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.


Author(s):  
Fajar Sugianto ◽  
Ellora Sukardi ◽  
Tomy Michael

The e-commerce industry in Indonesia is growing rapidly amidst the slowdown in the country's economy. Moreover, most of the e-commerce business players in Indonesia are small, micro, and medium scale (SME). Consumers in e-commerce transactions have a greater risk of loss than business actors or merchants. In other words, consumer rights in e-commerce transactions are very vulnerable, so that consumers in e-commerce transactions are in a very weak bargaining position. The importance of a country regulating legal protection for consumers is generally based on considerations of its actuality and urgency. Legal regulations for e-commerce transactions are designed to create the level of certainty needed in business transactions and to protect consumers in e-commerce transactions in order to support the growth of the digital economy in Indonesia. Current legal protection regulations for consumers in Indonesia have not been able to protect consumers in cross-border e-commerce transactions. In e-commerce transactions, there are no national borders. The consumer protection laws of each country, such as those of Indonesia, are not sufficiently helpful because e-commerce operates across borders. This type of research is normative legal research that uses statutory regulations.


2019 ◽  
Vol 21 (1) ◽  
pp. 77-92
Author(s):  
Cut Mayang Widya Nuryaasiinta

Artikel ini ingin menjawab bentuk perlindungan hukum bagi pasien selaku konsumen pemanfaat pelayanan medis dan tanggung jawab rumah sakit dan dokter selaku pihak pelayanan medis. Dalam pelayanan kesehatan, tidak jarang mengakibatkan malpraktik akibat kelalaian yang dilakukan oleh tenaga kesehatan yang tidak sesuai dengan standar profesi. Metode yang digunakan adalah penelitian hukum yuridis normatif, pendekatan yang digunakan adalah pendekatan undang-undang dan pendekatan kasus. Dalam Putusan No.287/PDT.G/BTH/2011/PN.JKT.PST terdapat 5 (lima) hak konsumen yang diabaikan oleh pelaku usaha menurut Undang-Undang Perlindungan Konsumen, khususnya Pasal 4 butir (a), (c), (d), (e), (g), dan (h). Mengenai tanggung jawab yang diberikan pelaku usaha terhadap konsumen sebesar Rp 1.776.010.000,00 dan dalam Pasal 19 ayat (2) Undang-Undang Konsumen hanya mengenal ganti kerugian materiil saja. Consumer Protection for Patients as the Utilization of Medical Services In health services, it often results in malpractice due to negligence by health workers who work not in accordance with professional standards. So that raises the question of how the form of legal protection for patients as consumers of medical services and the responsibilities of hospitals and doctors as medical services. The method used is normative juridical legal research, the approach used is a legal  (statute approach) and a case study approach.  In Decision No.287 / PDT.G / BTH / 2011 / PN.JKT.PST, there are 5 (five) consumer rights which are ignored by business actors according to Law Number 8 of 1999 concerning Consumer Protection, namely Article 4 point (a), (c), (d), (e), (g), and (h). Regarding the responsibility given by business actors to consumers in the amount of Rp. 1,776,010,000.00 and in Article 19 paragraph (2) of the Consumer Protection law only recognizes material compensation.


Author(s):  
Septian Arif Suryanto ◽  

This study discusses issues regarding consumer protection, especially legal protection to consumers as masks purchaser based on Law Number 8 of 1999. It also discusses dispute settlementtowards business actors as masks hoarders which is clearly affecting consumers. Researcher implemented the normative juridical research, which used library method by examining various secondary data sources in the form of books, journals, legislation and other legal writings related to research discussion. The results of this study indicate that legal protection for consumers who purchase masks based on Law Number 8 of 1999 is to guarantee and strictly regulate consumer rights and impose obligations on business actors who selling masks in the form of aspect which is allowed and prohibited. The settlement of disputes against business actors who hoard masks that harm consumers are executed through the General Court (litigation)by filing a lawsuit, and also through the Consumer Dispute Settlement Agency (non litigation) which is carried out by conciliation, mediation, or arbitration.


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