Perjanjian Jaminan Fidusia Kaitan dengan Penyidikan Tindak Pidana Perlindungan Konsumen

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.

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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)

Jurnal Hukum Adigama ◽

10.24912/adigama.v1i2.2848 ◽

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.

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KEWENANGAN BADAN PENYELESAIAN SENGKETA KONSUMEN DALAM MENANGANI SENGKETA ANTARA PT. SINAR MENARA DELI DENGAN SARI ALAMSYAH

Jurnal Hukum Adigama ◽

10.24912/adigama.v2i2.6538 ◽

2019 ◽

Vol 2 (2) ◽

pp. 392

Author(s):

Samuel Samuel ◽

Siti Nurbaiti

Keyword(s):

Dispute Resolution ◽

Consumer Protection ◽

Dispute Settlement ◽

Secondary Data ◽

District Court ◽

Primary Data ◽

Legal Research ◽

Consumer Protection Act ◽

The Law ◽

The Republic

In principle, the resolution of consumer disputes can be pursued peacefully. through an alternative mediation dispute resolution. In Law Number 8 of 1999 concerning Consumer Protection and Regulation of the Minister of Trade of the Republic of Indonesia Number 6 / M-DAG / PER / 2017 concerning the Consumer Dispute Settlement Body does not impose limits on the authority of BPSK in handling and adjudicating a consumer dispute. However, in reality many times the decisions of the Consumer Dispute Settlement Body (BPSK) are submitted to the district court and stated that BPSK is not authorized to handle such disputes. How is the authority of the Consumer Dispute Resolution Board in handling disputes between PT. Sinar Menara Deli and Sari Alamsyah are the issues discussed. The method used in this research is descriptive normative legal research, using secondary data and primary data as supporting data with the law approach. The results of the study illustrate that BPSK is not authorized to handle disputes between PT. Sinar Menara Deli with Sari Alamsyah, because the business actors in this dispute have submitted a refusal to be resolved through BPSK and not achieving the requirements for consumer disputes. It is recommended that BPSK members pay more attention to the provisions in the Consumer Protection Act and other regulations concerning the Consumer Dispute Settlement Body.

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SANDERA PAJAK SEBAGAI ALAT PAKSA DALAM PENAGIHAN UTANG PAJAK ( Studi tentang Penegakan Hukum Pajak Melalui Sandera Pajak )

MASALAH-MASALAH HUKUM ◽

10.14710/mmh.44.1.2015.69-77 ◽

2015 ◽

Vol 44 (1) ◽

pp. 69

Author(s):

Budi Ispriyarso

Keyword(s):

Research Result ◽

Legal Protection ◽

Legal Certainty ◽

Legal Research ◽

Tax Collection ◽

Approach Method ◽

The Government

Problems found in this study is the reason why the government uses tax hostages in tax collection, how hostage force to used as a tool in the collection of tax debts and how the hostage-taking in terms ofjuridical aspect. The approach method used in this research is the Socio Legal Research. Result is that there are several factors that become a reason for the tax hostage. Government (fiscus) in collecting tax debts with the tax hostages have been carried out in accordance with the provisions of the act . According to aspects of legal certainty, tax hostages in Indonesia has had a legal protection, named Law No. 19 of 2000 as well as some regulatory other aspects . From the legal justice aspect, protection law also granted to taxpayers affected by the gijzeling. From the aspect of expediency, the application of the gijzeling prove to be useful in improving taxpayer compliance.Permasalahan yang terdapat dalam penelitian ini adalah mengapa pemerintah menggunakan sandera pajak dalam penagihan pajak, bagaimana penyanderaan dipergunakan sebagai alat paksa dalampenagihan utang pajak dan bagaimana penyanderaan ditinjau dari aspek yuridis. Metode Pendekatan yang dipergunakan dalam penelitian ini adalah metode Socio legal Research. Hasil Penelitian adalah ada beberapa faktor yang menjadi alasan dilakukannya penyanderaan pajak. Pemerintah (fiscus) dalam melakukan penagihan utang pajak dengan sandera pajak telah dilakukan sesuai dengan ketentuan undang-undang.Berdasarkan aspek kepastian hukum, sandera pajak di Indonesia telah mempunyai payung hukumnya yaitu UU Nomor 19 tahun 2000 serta beberapa peraturan lainnya. Dari aspek keadilan, perlindungan hukum juga diberikan kepada wajib pajak yang terkena sandera pajak.Dari aspek kemanfaatan, penerapan sandera pajak bermanfaat dalam peningkatan kepatuhan wajib pajak.

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PERAN STRATEGIS BADAN PENYELESAIAN SENGKETA KONSUMEN (BPSK) MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN

Ensiklopedia Sosial Review ◽

10.33559/esr.v3i1.687 ◽

2021 ◽

Vol 3 (1) ◽

pp. 58-62

Author(s):

Irfansyah Irfansyah

Keyword(s):

Dispute Resolution ◽

Consumer Protection ◽

Criminal Responsibility ◽

Legal Basis ◽

Legal Certainty ◽

Legal Research ◽

The Government ◽

Settlement Of Disputes

Consumer protection is any effort that ensures legal certainty to protect consumers. The legal basis that regulates consumer protection in Indonesia is Law Number 8 of 1999 concerning Consumer Protection. The method used in this research is normative legal research, using a statutory approach. According to Article 45 Paragraph (1) of Law Number 8 of 1999 concerning Consumer Protection, it is emphasized that every consumer who is injured can sue business actors through an institution that is tasked with resolving disputes between consumers and business actors or through courts within the general court. In order to resolve consumer disputes outside the court, the government is mandated to establish a Consumer Dispute Resolution Agency. In handling and resolving consumer disputes, the Consumer Dispute Resolution Agency forms an assembly consisting of at least 3 (three) members representing elements of government, elements of consumers, and elements of business actors. According to Article 54 Paragraph (3) of Law Number 8 of 1999 concerning Consumer Protection, it is confirmed that the decision of the assembly formed by the Consumer Dispute Resolution Agency is final and binding. Settlement of disputes through the Consumer Dispute Resolution Agency doesn’t eliminate criminal responsibility so that the decision of the assembly formed by the Consumer Dispute Resolution Agency is sufficient initial evidence for investigators to carry out investigations.

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Legal Reconstruction on Fiduciary Guarantee Execution That Has Executorial Power Based on Justice

Journal of Asian Research ◽

10.22158/jar.v3n1p46 ◽

2019 ◽

Vol 3 (1) ◽

pp. 46

Author(s):

Anis Mashdurohatun ◽

Iskandar Muda Sipayung ◽

Gunarto ◽

Mahmutarom HR

Keyword(s):

Consumer Protection ◽

Legal Protection ◽

Social Reality ◽

Executive Power ◽

Legal Research ◽

Great Expectations ◽

Approach Method ◽

The Law ◽

The Republic

Based on the provisions of Article 29 paragraph 1 (a) of Law Number 42 year 1999 concerning Fiduciary Guarantees based on the Almighty God, this gives an executive title that aligns the power of the deed with the Court’s decision. So the debtor is lack of legal protection when s/he conducts a default. Through the constructive paradigm, this research was directed to produce various constructive understandings, with themes of trustworthiness and authenticity. The approach method used was socio-legal research as an effort to understand the law in context, namely the context of the community so that great expectations can support the reconstruction of social reality. It was done by prioritizing the interaction between researchers and what was studied through sources and informants, and paying attention to the context. The results of the study found that the Reconstruction of fiduciary collateral certificate law that has executive power based on the law of consumer protection was carried out on Article 15 paragraph (3) of the Law of the Republic of Indonesia Number 42 year 1999 concerning Fiduciary Guarantees in which there is a balanced position between creditors and debtors. The matter of the execution of fiduciary guarantees is carried out in consultation, so as justice can be felt by both parties.

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Legal Politics Of Corporate Responsibility In Indonesia’s Criminal Law

Unram Law Review ◽

10.29303/ulrev.v3i2.63 ◽

2019 ◽

Vol 3 (2) ◽

Author(s):

Wawan Septiawan ◽

Abdul Patah Muzakir ◽

Yudi Permana Saputra ◽

Abdul Muflihun

Keyword(s):

Board Of Directors ◽

Consumer Protection ◽

Criminal Law ◽

Corporate Responsibility ◽

Criminal Responsibility ◽

Research Result ◽

Legal Research ◽

Applied Method ◽

The Republic ◽

The Government

The purposes of this research are to know the decisionpublic policy by the government-related corporate responsibility in Indonesia’s Criminal Law, to know the corporate responsibility special laws in Indonesia, and also the mechanism to find out the corporate’s fault. The applied method in this research is normative-legal research. From the research result, it can be concluded that the Government of the Republic of Indonesia has to determine the latest version of Indonesia’s Criminal Law or revised several laws related to corporate criminal responsibility. In Indonesia’s Criminal Law, corporate criminal responsibility is not recognized, but the corporate responsibility is dispersed in special laws such as Law on Economy Crimes and Consumer Protection. To determined the corporate fault was taken from the manager or member of Board of Directors.

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Pelaksanaan Pendaftaran Tanah Sistematis Lengkap di Desa Menanga, Kecamatan Rendang, Kabupaten Karangasem

Jurnal Preferensi Hukum ◽

10.22225/jph.2.3.4036.651-657 ◽

2021 ◽

Vol 2 (3) ◽

pp. 651-657

Author(s):

Nyoman Handytya Wiarsa Putra ◽

Anak Agung Sagung Laksmi Dewi ◽

Luh Putu Suryani

Keyword(s):

Spatial Planning ◽

Land Rights ◽

Legal Certainty ◽

Legal Research ◽

Land Registration ◽

The Republic ◽

The Government ◽

Ownership Of Land ◽

The Village

Complete systematic land registration is a program organized by the government, specifically the "Ministry of Agrarian Affairs and Spatial Planning or Head of the National Land Agency". with the aim of increasing the number of land registrations issuing certificates in Indonesia. This is very important, so it is hoped that the participation of the whole community in the importance of certificates and it is hoped that the National Land Agency will provide socialization about the importance of ownership of land rights. Its application is contained in the Regulation of the Minister of Agrarian Affairs and Spatial Planning or the Head of the National Land Agency of the Republic of Indonesia Number 6 of 2018 concerning Complete Systematic Land Registration. This study aimed to examine the process of implementing a complete systematic land registration and its obstacles and to examine the efforts to implement a complete systematic land registration in the village of Menanga, Rendang District, Karangasem Regency. The method used was empirical legal research. Sources of data used were primary and secondary legal data, then analyzed through interpretation and qualitative techniques. The results showed that the Implementation of Complete Systematic Land Registration in Menanga Village, Rendang District, Karangasem Regency was carried out to achieve legal certainty of land rights ownership. The implementation of this program has not been effective and has not been implemented optimally due to the low participation in the management of land certificates.

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TANGGUNGJAWAB HUKUM USAHA KLINIK KESEHATAN DI KOTA TARAKAN TERHADAP SEGALA RESIKO USAHA

JURNAL AKTA YUDISIA ◽

10.35334/ay.v6i1.2205 ◽

2021 ◽

Vol 6 (1) ◽

pp. 53-73

Author(s):

Patrisia Febriani

Keyword(s):

Health Services ◽

Consumer Protection ◽

Health Workers ◽

Health Clinics ◽

Consumer Protection Act ◽

Huge Impact ◽

Responsible Attitude ◽

The Government ◽

The Relationship ◽

The City

Abstract This study investigated the legal liability of health clinics in the city of Tarakan for all business risks in terms of the Health Act, the Consumer Protection Act and the Minister of Health’s Regulation on Clinics. As one of many health facilities in Indonesia, clinic is easily accessible by the community. Clinical patients are not only protected by the Health Act but also by the Consumer Protection Act. Clinics as providers of health services are responsible for the actions of health workers to their patients because of the relationship between patients and clinics, which is that the clinic guarantees that every health worker who does his work in the clinic will do his best to heal patients. By basing that the importance of the Informed Concent in medical action, the rights of patients are more respected and protected. The results of the study suggest that clarity of rules and consistency of policies must be increased because they have a huge impact on public trust in the government so that responses to health services will be well coordinated. Doctors / health workers must be more responsible for medical actions that will / have been carried out in the context of fulfilling health services to patients in order to foster an honest and responsible attitude for all health workers who perform health services in the clinic.

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The application of the rights and obligations of workers during the Covid-19 outbreak in Indonesia

International Journal of Business Ecosystem & Strategy (2687-2293) ◽

10.36096/ijbes.v3i3.269 ◽

2021 ◽

Vol 3 (3) ◽

pp. 26-37

Author(s):

Adnan Hamid

Keyword(s):

Communication Technology ◽

House Of Representatives ◽

Industrial Relations ◽

Labor Law ◽

Secondary Data ◽

Legal Certainty ◽

Information Communication ◽

Criminal Sanctions ◽

The Republic ◽

The Government

This article aims to examine and analyze the rights and obligations of workers /laborers during the Covid-19 outbreak from the perspective of labor law in Indonesia. The complexity of the issue regarding the rights and obligations of workers has increased again when the Government and the House of Representatives of the Republic of Indonesia passed the Law on Job Creation or Undang-Undang tentang Cipta Kerja Nomor 11 tahun 2020 (UUCK No.11/2020). The research method used is a normative juridical approach. Normative juridical research is usually known as the study of documents, using qualitative methods in analyzing data and using secondary data as sources.The results of this study found that the labor and industrial relations sector, especially related to the rights and obligations of workers and employers, was initially strongly influenced by the development of globalization and information communication technology. Then, with the enactment of UUCK No.11/2020 as the latest labor law in Indonesia, and the outbreak of Covid-19, problems related to industrial relations have become increasingly complex. When viewed from the latest labor law in Indonesia, employers tend to have a stronger position when compared to the position of workers both in terms of interpretation and implementation. This is a challenge in national legislation so that legal efforts are needed to guarantee and provide legal certainty to business actors by applying sanctions in the form of criminal sanctions as ius poenale and ius puniendi.

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PERAN LEMBAGA PERLINDUNGAN KONSUMEN TERHADAP KONSUMEN DAN PELAKU USAHA

Hukum dan Masyarakat Madani ◽

10.26623/humani.v6i1.851 ◽

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

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.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.

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