PERLINDUNGAN HUKUM TERHADAP KONSUMEN PENGOBATAN  TERAPI BEKAM DI WILAYAH BOGOR

The objectives of this study are: 1) To determine and analyze the legal protection of consumers from traditional medicine with the method of cupping treatment in the Regency and City of Bogor. 2) To find out and analyze the responsibilities of cupping treatment businesses in Bogor Regency and City towards consumers who have suffered losses. The research method used in this study is a normative juridical research that uses a qualitative approach. The results of this study are: 1) Protection of cupping treatment consumers in Bogor Regency and Bogor City, in dispute resolution can be done through a mechanism that has been regulated in the Consumer Protection Law, namely through a dispute resolution mechanism in court or outside the court. 2) The responsibility of the cupping treatment business actors to consumers who are harmed can be accountable for their actions both civil and criminal. This is aimed at increasing the bargaining position of consumers in making transactions with business actors, so that they are not treated arbitrarily because there is a law that regulates it.Keywords: Legal Protection; Consumer; Traditional Treatment.

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Legal protection of online loan recipients based on financial services authority

Linguistics and Culture Review ◽

10.21744/lingcure.v5ns4.1986 ◽

2021 ◽

Vol 5 (S4) ◽

Author(s):

Annie Myranika

Keyword(s):

Data Collection ◽

Dispute Resolution ◽

Financial Services ◽

Research Method ◽

Code Of Conduct ◽

Legal Protection ◽

Qualitative Approach ◽

Upper Limit ◽

Legal Understanding

This study aims to determine the form of legal protection, dispute resolution, and provide legal understanding. The normative research method using a qualitative approach describes legislation and a case approach, and Law Number 21 of 2011 concerning the Financial Services Authority, Law Number 19 of 2016 ITE, and OJK Number 77/POJK.01/2016 concerning Borrowing Services. . Data collection techniques through (1). Interview, (2). Surveys (3). Documentation study. Conclusion (1). Many customers are victims as users of unlicensed services. (2). Efforts to protect customers against the implementation of OJK services (3). Cooperating with the Indonesian Joint Funding Fintech Association (4). Determination of the upper limit on loan interest and code of conduct for the loan collection process, (5). OJK cooperates with the Ministry of Communication and Information.

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Pelindungan Konsumen dalam Transaksi Dagang Melalui Sistem Elektronik (Consumer Protection in E-Commerce)

Negara Hukum Membangun Hukum untuk Keadilan dan Kesejahteraan ◽

10.22212/jnh.v10i1.1223 ◽

2019 ◽

Vol 10 (1) ◽

pp. 1-25

Author(s):

Sulasi Rongiyati

Keyword(s):

Dispute Resolution ◽

Consumer Protection ◽

Research Method ◽

Government Regulation ◽

Legal Protection ◽

Electronic System ◽

The Common ◽

The Government ◽

Common Situation ◽

Research Show

E-commerce in Indonesia is continuing to grow. As a transactions with a special characteristic which involves parties across many jurisdictions without having to be physically present, a form of legal protection is highly required for the consumers. Through the normative juridical research method, this paper examines consumer protection in trade transaction through electronic system (E-Commerce) and its dispute resolution. The result of the research show that the consumer protection cannot be maximally implemented because regulating it is still distributed in several laws and requesting implementing regulations. In addition, Law No. 8 of 1999 on Consumer Protection has not been able to extend consumer protection in the electronics’ trade transactions / e-commerce as a whole, especially in the common situation where parties have jurisdictional differences. Whereas in the case of consumer disputes, the parties can take the matter through litigation (on court) as well as non-litigation (off court), in accordance to the agreement agreed by the parties. Nevertheless, the alternative online dispute resolutions can be implemented in full. This research recommends that the Government shall immediately form a Government Regulation related on trade/commerce transactions through an electronic system and to regulate online dispute resolutions. AbstrakTransaksi dagang melalui sistem elektronik di Indonesia terus berkembang. Sebagai transaksi yang memiliki karakteristik khusus yang melibatkan para pihak lintas yuridiksi tanpa harus bertemu fisik, sangat diperlukan pelindungan hukum bagi konsumen. Melalui metode penelitian yuridis normatif, tulisan ini mengkaji pelindungan konsumen dalam transaksi dagang melalui sistem elektronik dan penyelesaian sengketanya. Hasil penelitian menunjukan pelindungan terhadap konsumen pada transaksi dagang melalui sistem elektronik belum dapat dilakukan secara optimal karena pengaturannya masih tersebar dalam beberapa Undang-Undang (UU) yang memerlukan peraturan pelaksanaan. Di samping itu UU No. 8 Tahun 1999 tentang Perlindungan Konsumen belum mampu menjangkau pelindungan konsumen dalam transaksi dagang secara elektronik secara keseluruhan, khususnya dalam hal para pihak memiliki perbedaan yurisdiksi. Sedangkan dalam hal sengketa konsumen, para pihak dapat menempuh jalur pengadilan maupun di luar pengadilan sesuai kesepakatan para pihak, namun alternatif penyelesaian sengketa secara online dapat dilaksanakan secara penuh. Penelitian ini menyarankan kepada pemerintah untuk segera membentuk Peraturan Pemerintah tentang transaksi dagang melalui sistem elektronik dan mengatur mengenai penyelesaian sengketa secara online.

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Peran Badan Penyelesaian Sengketa Konsumen (BPSK) dalam Penyelesaian Sengketa Konsumen (Studi Kasus : Putusan BPSK Badung No.01/AP/BPSK/IV/2016)

Jurnal Preferensi Hukum ◽

10.22225/jph.1.2.2338.28-32 ◽

2020 ◽

Vol 1 (2) ◽

pp. 28-32

Author(s):

Arianto Hulu ◽

A.A. Laksmi Sagung Dewi Ni ◽

Made Sukaryati Karma

Keyword(s):

Dispute Resolution ◽

Consumer Protection ◽

Research Method ◽

Legal Protection ◽

Legal Research ◽

The World ◽

Alternative Means ◽

The Republic

Indonesia, with the fourth largest population in the world, is a large market share for business actors. However, this potential is not free from negative things where business actors often only make consumers the object of their business activities without paying attention to the quality of the products being marketed so that consumers suffer losses. Responding to this phenomenon, the Consumer Dispute Resolution Agency (BPSK) was formed as an alternative means of dispute resolution between Buyers and Sellers with the aim of resolving disputes between the two parties in an effective and efficient non-litigation manner. This organization is not systemic but has the function of resolving conflicts that occur between producers and buyers on a non-litigation basis. This research was conducted with the aim of describing the forms of consumer legal protection for business actors and the role of BPSK in resolving consumer disputes. The research method used in this paper was a normative legal research method. This research showed that consumer legal protection for business actors is regulated in article 1 number 3 Law No. 8 of 1999 regarding consumer protection which states that a business actor is an entire person or individual or a business entity based on law or not and the place to carry out these activities in the territory of the Republic of Indonesia. In addition, BPSK has a role in carrying out the process and resolving consumer conflicts through mediation, arbitration or conciliation with opportunities ranging from consumer protection consultations, supervision in the application of agreements, making reports to investigators if there are indications of legal violations, receiving complaints, conducting studies and analysis of conflicts that occurred, summoning the parties, witnesses and any individual who is aware of an incident of law violation.

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PERLINDUNGAN KONSUMEN ATAS BARANG YANG TIDAK SESUAI DENGAN PERJANJIAN DALAM PERDAGANGAN ELEKTRONIK DIKAITKAN DENGAN UNDANG-UNDANG INFORMASI DAN TRANSAKSI ELEKTRONIK

JURNAL ILMIAH LIVING LAW ◽

10.30997/jill.v10i2.1497 ◽

2018 ◽

Vol 10 (2) ◽

pp. 114

Author(s):

Herlin Setiani ◽

Muhammad Taufiq

Keyword(s):

Electronic Commerce ◽

Consumer Protection ◽

Research Method ◽

Legal Protection ◽

Qualitative Approach ◽

The Other ◽

Electronic Trading ◽

Legal Norms ◽

Electronic Transactions ◽

Legal Consequence

The purpose of this study are: 1) To know and analyze the legal protection of consumers on goods that are not in accordance with the agreement in electronic commerce and 2) the responsibility of business actors in providing compensation for goods that are not in accordance with the agreement in electronic commerce . The research method used is normative juridical research that performs a qualitative approach that sees and analyzes the legal norms in the existing legislation. The results are: 1) Consumer protection of goods is not in accordance with the agreement in electronic commerce, which can be carried out by filing a default, for legal reasons not fulfilled the obligations of business actors in the electronic agreement. The non-fulfillment of this obligation means that there has been a violation of the rights of the other party (the buyer) and the legal consequence is causing the loss, 2) The responsibility of business actors in giving compensation for goods not in accordance with the agreement in electronic trading has not been regulated specifically in UUPK and UU ITE, but principally business actors may be held liable in electronic transactions through contractual liability relating to the loss suffered by consumers.

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Consumer Protection on Nonofficial Drugs Case in Indonesia: How Far the Legal Protection is?

Law Research Review Quarterly ◽

10.15294/lrrq.v7i4.48184 ◽

2021 ◽

Vol 7 (4) ◽

pp. 459-472

Author(s):

Chatrin Intan Sari

Keyword(s):

Consumer Protection ◽

Research Method ◽

Legal Protection ◽

Illegal Drugs ◽

Know How ◽

Consumer Law ◽

Consumer Rights ◽

The Government ◽

The Right

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.

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Penyelesaian Perkara Pelanggaran Hak atas Merek

Jurnal Preferensi Hukum ◽

10.22225/jph.1.2.2343.67-71 ◽

2020 ◽

Vol 1 (2) ◽

pp. 67-71

Author(s):

I Gede Mahendra Juliana Adiputra ◽

Ida Ayu Putu Widiati ◽

Ni Made Puspasutari Ujianti

Keyword(s):

Dispute Resolution ◽

Alternative Dispute Resolution ◽

Research Method ◽

Legal Protection ◽

Geographical Indications ◽

Legal Research ◽

The Law ◽

The Right ◽

Mutual Agreement

The existence of competition causes the original brand owner to feel disadvantaged because the sales result has decreased. It is permissible for someone to use another party's mark as long as they ask permission from the trademark owner first. The owner can give trademark rights to other people as agreed in an agreement. The formulation of the problem in this research is as follows: how is the legal protection of trademark rights and how to resolve violations of trademark rights. The research method used in this research is normative legal research. The results of the discussion in this study are as follows: Legal protection of the right to a trademark has been regulated by Law Number 20 of 2016 concerning Trademarks and Geographical Indications, in the provisions of the Law it is expressly stated that if it has been registered in the law that the right to a trademark has been protected. The sanction imposed on the perpetrator of the crime of trademark rights is a fine of Rp. 20,000,000, - (twenty million rupiah) on condition that if the fine is not paid, he will be subject to imprisonment for 6 (six) months. Settlement of trademark cases can be carried out through institutions that can be used to resolve trademark disputes, including: Alternative Dispute Resolution, Arbitration and Courts. Alternative dispute resolution wants the disputing parties to resolve their own dispute with the aim of obtaining a mutual agreement, if the agreement fails, can take arbitration, namely the disputing parties to be able to resolve the dispute to the arbitration institution based on the agreement, furthermore, if the arbitration is successful the last action is through the court, namely the commercial court which has the authority to adjudicate trademark disputes.

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LEGAL REGULATION ABOUT THE USE OF HALAL LABEL TO PROVIDE MUSLIM CONSUMERS PROTECTION

JURNAL ILMIAH LIVING LAW ◽

10.30997/jill.v9i1.1019 ◽

2018 ◽

Vol 9 (1) ◽

Author(s):

Edy Supaino ◽

Martin Roestamy

Keyword(s):

Rule Of Law ◽

Consumer Protection ◽

Research Method ◽

Dispute Settlement ◽

Legal Protection ◽

Legal Regulation ◽

Food Technology ◽

Dispute Settlements ◽

Settlement Of Disputes

Perpetrators of the restaurant business should provide protection to consumers of food that will be consumed, the more this problem becomes a very important problem in the midst of rapid food technology, that is food business actors are not transparent with Muslim consumers. The identification of this research includes: (1) how the use of halal labels by industry and restaurants;, (2) legal protection for Muslim consumers against halal labeled foods, legal efforts against the misuse of halal labels (3). The research method used in this research is the normative juridical approach. The results of this research are: (1) Implementation of halal label with the process of obtaining halal certification for restaurant done by restaurant x has been in accordance with the requirements of halal certification HAS 23000 from LPPOM-MUI.; (2) Provisions of halal products have been regulated in the legislation between other laws concerning: consumer, food, assurance of halal products. The provisions of the regulation are manifestations of universal Islamic legal values that must be supported by their execution; (3) There are 2 (two) dispute settlements that can be taken by the consumer, namely the first settlement of disputes outside the court that is with conciliation, mediation, and arbitration, through the Agency of Consumer Dispute Settlement Agency and both dispute settlement in court.Keywords: Rule of Law, Halal Label, Consumer Protection for Muslims

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The Regulation of Online Dispute Resolution: Effectiveness of Online Consumer Protection Guidelines

Deakin Law Review ◽

10.21153/dlr2012vol17no2art78 ◽

2013 ◽

Vol 17 (2) ◽

pp. 251 ◽

Cited By ~ 2

Author(s):

Kananke Chinthaka Liyanage

Keyword(s):

Electronic Commerce ◽

Dispute Resolution ◽

Consumer Protection ◽

Online Dispute Resolution ◽

Consumer Electronic ◽

Business To Consumer ◽

Online Consumer ◽

Dispute Resolution Mechanism ◽

Regulatory Models ◽

Made In

Regulation of online dispute resolution (ODR) has become an important element in the conceptualisation of its role as an appropriate dispute resolution mechanism. Given the lack of specific legislation regarding ODR nationally and internationally, there is a growing tendency towards seeking appropriate regulatory models for its regulation in the ODR literature, international organisations, governments and the private sector. While recognising the valuable contributions made in all these fields, this article maps the regulatory approaches for ODR adopted by governments in the Guidelines for Consumer Protection in the Context of Electronic Commerce developed by the Organisation for Economic Co-operation and Development in 1999 and the Australian Guidelines for Electronic Commerce in 2006. In addition, the viability of the regulatory approaches of these instruments is explored in the context of online consumer arbitration used for the resolution of cross-border business-to-consumer electronic commerce disputes. In the course of the discussion, some insights on further improvements to these guidelines are also provided.

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Urgensi Pembentukan Undang-Undang Fintech Di Indonesia: Harapan Dan Realita Di Era Pandemic Covid-19

SASI ◽

10.47268/sasi.v27i4.581 ◽

2021 ◽

Vol 27 (4) ◽

pp. 532

Author(s):

Didik Irawansah ◽

Wardah Yuspin ◽

Ridwan Ridwan ◽

Nasrullah Nasrullah

Keyword(s):

Consumer Protection ◽

Financial Services ◽

Research Method ◽

Legal Protection ◽

Legal Framework ◽

Legal Regulations ◽

Significant Development ◽

Legal Problems ◽

Library Studies ◽

Research Findings

The growth of Fintech in Indonesia is very rapid, this condition is directly proportional to the legal problems that arise, the legal policy of regulation and protection of Fintech is still focused on the OJK, while the OJK still has many weaknesses in the implementation of supervision and protection of fintech activities, especially in the era of the covid pandemic. -19. The purpose of this study, first, by outlining the legal regulations issued by Bank Indonesia and the Financial Services Authority regarding fintech in Indonesia by looking at the legal weaknesses so that it is important to establish the Fintech Law. second, the urgency of the establishment of a fintech law on fintech consumer protection in Indonesia. Meanwhile, the importance of this research is that it will explain the development of the fintech industry in Indonesia, especially during the Pandemic, where the fintech industry experienced significant development so that this is an idea to provide a clear legal framework for the fintech industry. The research method used is normative juridical using library data and observations of fintech developments through library studies. Research findings show that so far fintech in Indonesia has used regulations contained in the POJK and PBI as the basis for implementing fintech, although it is felt that the regulations issued by POJK and PBI have not been able to provide maximum legal protection for the implementation of the fintech industry. so it is necessary to establish a law in order to provide legal protection for the development of the fintech industry now and in the future.

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The Review of Transaction Sale Juridical Bring Through The Instragram

Veteran Justice Journal ◽

10.33005/vjj.v1i1.19 ◽

2020 ◽

Vol 1 (1) ◽

pp. 68-55

Author(s):

Sengaji Sengaji

Keyword(s):

Data Collection ◽

Research Method ◽

Legal Protection ◽

Secondary Data ◽

Problem Formulation ◽

Qualitative Approach ◽

Primary Data

This aims to find out How to Purchase Transactions Effects Online Through Instagram Media and How to Remedy The aggrieved party in buying and selling online through Instagram media. This study uses a normative research method with data collection techniques used to solve the problem formulation, namely the literature data obtained based on legislation and literature or official books. Analysis of the data used is a qualitative approach to primary data and secondary data. The results of the study can be concluded that the rights and obligations of the parties who made a sale and purchase agreement through the Instagram media can bring about a result of the agreement. From this we can know which obstacles arise from the rights and obligations of the sale and purchase agreement. And if a dispute has occurred, then legal protection can be carried out preventively and repressively. And can be continued with efforts to resolve the dispute.

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