Tinjauan Yuridis Perlindungan Hukum Bagi Konsumen Terhadap Produk Obat-Obatan Ilegal (Studi Kasus : BPOM Medan)

Consumer protection aims to foster awareness of business people about the importance of consumer protection so that honest and responsible attitudes in the business grow. Medicines and food products are supervised by the Food and Drug Supervisory Agency or abbreviated as POM, which is in charge of overseeing the distribution of medicines and foods in Indonesia. The method used in this study is the method of Library Research and Field Research. Legal protection for consumers who use illegal drug products is by means of consumers being able to complain about their problems through litigation, this is explained in Article 45 paragraph (1) of Law Number 8 of 1999 concerning Consumer Protection and and non-litigation namely legal efforts outside the court can be through the Consumer Dispute Settlement Agency (BPSK) established and regulated in the Consumer Protection Act. The responsibility given by the Food and Drug Supervisory Agency (BPOM) to the community, namely the Food and Drug Supervisory Agency (BPOM), will take firm action against producers or business actors who circulate illegal drugs in this case drugs that do not have a marketing authorization (TIE), drugs, substandart, fake drugs, or expired drugs.

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Restraint of Overseas Personal Shopper as a Form of Legal Protection for Authorized Stores in Indonesia

NORMA ◽

10.30742/nlj.v18i1.1318 ◽

2021 ◽

Vol 18 (1) ◽

pp. 18

Author(s):

Suweni Efrin

Keyword(s):

Consumer Protection ◽

Research Method ◽

Legal Protection ◽

Face To Face ◽

Business People ◽

Consumer Protection Act ◽

Study Results ◽

The Government

Nowadays, many business people use personal shopper because they also provide benefits in addition to being more effective and efficient. After all, the activities of designated personal shoppers are carried out without face to face. In different regions, this also creates many problems related to both parties' agreements in conduct buying and selling activities and how the validity of the deal that occurs between the two parties. The research method used is normative research method, which is based on the legislation and is carried out with a statutory approach, namely BW and Law Number 8 of 1999 concerning Consumer Protection. Based on the study results, it can be concluded that the agreement made between the two parties is only based on understanding. The agreement contained is generally anonymous, and the deal is obligatory. Second: The Government's way to control personal shopper services is based on the Consumer Protection Act if a violation of law is committed by one of the parties. Control efforts that the government can do are limited to guidance and supervision.Keywords: Personal Shopper, Agreements, Overseas

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Consumer Legal Protection Reviewed from Consumer Protection Law in Consumer Dispute Settlement through Litigation

International Journal of Research and Review ◽

10.52403/ijrr.20220121 ◽

2022 ◽

Vol 9 (1) ◽

pp. 161-166

Author(s):

Muhammad Jarnawansyah ◽

Reza Muhammad Rizqi

Keyword(s):

Dispute Resolution ◽

Consumer Protection ◽

Dispute Settlement ◽

Science And Technology ◽

Legal Protection ◽

The Other ◽

Business People ◽

Business Goals ◽

Legal Remedies ◽

The Law

There is a law called Law Number 8 of 1999 that deals with consumer protection. It says that disputes between consumers and business people can be settled through both litigation and non-litigation channels and that both types of channels can be used to do this. Using the courts to settle consumer disputes is a way to do this. This type of dispute resolution refers to the rules for general courts. So that consumers need to get help from the law to get their rights as consumers. Consumer protection is becoming more and more important as science and technology move faster and faster. This is because the speed of science and technology is what drives the productivity and efficiency of producers for the goods or services they make in order to reach their business goals. As a result of this, either directly or indirectly, the Consumers are the ones who feel the effects of these two things the most. In this case, the consumer protection law says that businesses must give legal protection to their customers, so this shows that businesses must do this. And legal remedies for resolving disputes between customers and business people in the event of a dispute can be used both in court and out of court. In order for a dispute to be resolved through litigation, one party has filed a lawsuit against the other party. However, non-litigation dispute resolution can be done in a number of ways, such as through negotiation, consolidation, mediation, arbitration, and so on. Keywords: Legal Protection, Consumers, Consumer Disputes, Litigation, Laws.

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BENTUK PERLINDUNGAN HUKUM TERHADAP KONSUMEN AKIBAT IKLAN YANG MENYESATKAN PADA MEDIA CETAK

Visi Sosial Humaniora ◽

10.51622/vsh.v1i2.83 ◽

2020 ◽

Vol 1 (2) ◽

pp. 30-41

Author(s):

Tulus Siambaton ◽

Yosua Lorenzo Tarigan

Keyword(s):

Mass Media ◽

Consumer Protection ◽

Print Media ◽

Legal Protection ◽

Field Research ◽

Secondary Data ◽

Research Process ◽

Know How ◽

Library Research ◽

The Government

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).

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PERJANJIAN BAKU DALAM JUAL BELI KREDIT SEPEDA MOTOR DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999

Jurnal Magister Hukum Udayana (Udayana Master Law Journal) ◽

10.24843/jmhu.2016.v05.i02.p09 ◽

2016 ◽

Vol 5 (2) ◽

pp. 337

Author(s):

Anak Agung Adi Lestari

Keyword(s):

Consumer Protection ◽

Legal Protection ◽

Legal Certainty ◽

Empirical Methods ◽

Business People ◽

Goods And Services ◽

Consumer Protection Act ◽

Legal Writing ◽

The Law

The title of this legal writing is standard agreemant in motorcycle sale-purchase credit based on Law No. 8 of 1999. This writing has a background on the development of technologies that helps humans more easily to fulfill the porpuse in their lives. This is about transportations means of motorcycle. The various types of vehicles to be marketed provide a portion of the position in the agreemant. One of the agreements can be seen in the field of motorcycle sale-purchases credit which become increasingly importantand a agreement is needed so that there is a legal certainty for the purchas. In a sale-pruchase agreement, there is a standard agreemant often used by business people to make a profit. In this case the party much involved with accountability is the consumer, i.e as and user of goods and services has a powerless position against the standard agreement given by the business people. In this case the business propietors are given the operating restriction and liability for losses suffered by consumers which are poured into the prevailing legislations. The method in this study used empirical methods. The legal protection on consumers in motorcycle sale-purchase credits is guided by the Law No. 8 of 1999, which regulates the rights and obligations of consumers and business people. The application of standard agreements in motorcycle sale-purchase credit must be in accordance with the Consumer Protection Act. Adapun judul penulisan hukum ini adalah perjanjian baku dalam jual beli kredit sepeda motor ditinjau dari Undang-Undang Nomor 8 Tahun 1999 . Penulisan ini memiliki latar mengenai perkembangan teknologi yang telah manusia semakin mudah memenuhi tujuannya dalam hidupnya. Hal ini mengenai alat transportasi sepeda motor. Adanya jenia-jenis kendaraan yang beraneka ragam dipasarkan, hal tersebut akan memberikan porsi kedudukan dalam perjanjian. Salah satu perjanjian dapat dilihat pada bidang jual beli kredit terhadap transportasi kendaraan sepeda motor semakin penting artinya suatu perjanjian diperlukan agar terdapat kepastian hukum terhadap jual beli. Dalam suatu perjanjian jual beli dikenal adanya perjanjian baku yang sering dipergunakan oleh pelaku usaha untuk memperoleh keuntungan. Hal ini pihak yang banyak terlibat dengan pertanggung jawaban adalah konsumen, yaitu sebagai pemakai terakhir barang dan jasa mempunyai kedudukan yang tidak berdaya menghadapi perjanjian baku yang di berikan oleh pengusaha. Dalam hal ini para pelaku usaha diberikan batasan serta tanggung jawab atas kerugian yang dialami oleh konsumen yang dituangkan kedalam peraturan perundang-undangan yang berlaku. Adapun metode pada penelitian hukum ini menggunakan metode empiris.Perlindungan hukum terhadap konsumen dalam jual beli kredit sepeda motor berpedoman pada Undang-Undang Nomor 8 Tahun 1999, yang mengatur tentan hak dan kewjiban konsumen dan pelaku usaha. Penerapan perjanjian baku dalam jual beli kredit sepeda motor harus sesuai dengan Undang-Undang Perlindungan konsumen.

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Aspect Of Consumer Protection Against Circulation Of Hard Drug In The Market (Study At BPOM Medan)

Journal of Law Science ◽

10.35335/jls.v3i4.1682 ◽

2021 ◽

Vol 3 (4) ◽

pp. 130-139

Author(s):

Nova Liani Munthe

Keyword(s):

Consumer Protection ◽

Health Sector ◽

Supervisory Board ◽

Legal Protection ◽

Secondary Data ◽

Drug Control ◽

Drug Products ◽

Legal Remedies ◽

Library Research ◽

The Government

Consumer protection is a matter of human interest, therefore it is a hope for nations in the world to be realized. Thus the importance of the issue of Consumer Protection in Indonesia, then issued a statutory regulation, namely Law no. 8 of 1999 concerning the Consumer Protection Act (known as UUPK). Especially Consumer Protection in the Health Sector which is something that is really needed by consumers in obtaining drug products circulating in the community, where the circulating drug products have been supervised by an agency that can be responsible for drug control. The Food and Drug Supervisory Agency (BPOM) is an agency appointed by the government in conducting drug control, The problems that will be discussed are first, how is the function of BPOM in Consumer Legal Protection. Second, how is consumer protection against the use of hard drugs. Third, what legal remedies can be taken by consumers as a result of losses in the use of strong drugs. The author obtains data and materials regarding the problems discussed, the author conducts Library Research, namely obtaining materials through reading sources or written materials as data of a scientific theoretical nature or secondary data. The author also conducts empirical research, namely obtaining data directly and conducting studies based on facts that occur in the field. Finally, conclusions were obtained, among others, first, the function of the Supervisory Board Drug and Food (BPOM) is to carry out control and supervision in the field of medicine and food. BPOM became aNon-Departmental Institution (LPND). Second, the role of the government is very necessary, namely by making a policy regarding food (food) which is carried out in an effort to control, supervise, develop and educate consumers and business actors. And invites consumers to think smart in consuming and using drugs, so that they are in accordance with the dose recommended by the doctor so they don't buy in any place. Third, legal remedies that can be taken by consumers are litigation or non-litigation, where non-litigation methods can be through the Dispute Resolution Agency (BPSK).

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Kewenangan Badan Penyelesaian Sengketa Konsumen (BPSK) dalam Menyelesaikan Sengketa Asuransi Pasca Keluarnya Peraturan Otoritas Jasa Keuangan (OJK) Nomor 1/POJK.07/2014

JURNAL MERCATORIA ◽

10.31289/mercatoria.v12i2.2748 ◽

2019 ◽

Vol 12 (2) ◽

pp. 102

Author(s):

Wisnu Kumala ◽

Yaswirman Yaswirman ◽

Ulfanora Ulfanora

Keyword(s):

Dispute Resolution ◽

Consumer Protection ◽

Financial Services ◽

Alternative Dispute Resolution ◽

Dispute Settlement ◽

Legal Research ◽

Research Results ◽

Consumer Protection Act ◽

Legal Effect ◽

Legal Consequences

There is a tug of authority in resolving insurance disputes outside the court between the Consumer Dispute Settlement Agency (BPSK) based on Law Nomor 8 of 1999 concerning Consumer Protection with Alternative Dispute Resolution Institutions (LAPS) based on Financial Services Authority Regulation Number 1/POJK.07/2014. This encourages the author to conduct legal research in order to determine the authority of BPSK in resolving insurance disputes as well as the legal consequences of the decision after the issuance of the Financial Services Authority Regulation Number 1/POJK.07/2014 using the statutory approach. This legal research results in the finding that BPSK is still authorized to settle insurance disputes following the issuance of the Financial Services Authority Regulation Number 1/POJK.07/2014, this is based on the provisions of the Lex superior derogat legi inferiori principle. Then there is no legal effect on the BPSK decision after the issuance of the Financial Services Authority Regulation. This is because BPSK's decision has been based on Law Number 8 of 1999 concerning Consumer Protection, whose position is higher than the Regulation of the Financial Services Authority. So there is no need for BPSK to follow the provisions of the regulations whose hierarchy of legislation is lower than the Consumer Protection Act. Therefore BPSK's decision is "final and binding" as explained in Article 54 paragraph 3 of the Consumer Protection Act.

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Tinjauan Yuridis terhadap Perjanjian Kerja Yang Dibuat Secara Lisan

Jurnal Ilmiah Penegakan Hukum ◽

10.31289/jiph.v5i1.1957 ◽

2019 ◽

Vol 5 (1) ◽

pp. 8

Author(s):

Fauzi Sumardi ◽

Ridho Mubarak

Keyword(s):

Research Method ◽

Legal Protection ◽

Field Research ◽

Civil Code ◽

Employment Relationships ◽

Work Relations ◽

Library Research ◽

Work Relationship ◽

Conducting Research ◽

Laws And Regulations

Juridical Review Of Work Agreements Made Orally A verbal work agreement is a work relationship that is made without the signing of a work agreement, a verbal work agreement is sufficient with a statement that is mutually agreed upon by both parties and should be witnessed by at least two witnesses. The purpose of this study was to find out how the legal strength of work agreements made verbally and how legal protection for workers whose employment relationships are based on verbal work agreements. The research method used is the library research method, namely by conducting research on various written reading sources, and the Field Research method, which is a juridical review of workers whose work relations are based on verbal work agreements. The purpose of this study is to find out the answers to the problems discussed. The results of the study indicate that the legal strength of the work agreement made orally is not specifically regulated in the Civil Code or in other laws and regulations so that the arrangement of oral agreements only follows the arrangement of work agreements in general

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The Implementation of Consumer Protection Act on Cosmetic Business Agents (Study of Cosmetic Supervision at Makassar Agency of Food and Drug Control)

Jurnal Ilmiah Al-Syir ah ◽

10.30984/jis.v17i1.853 ◽

2019 ◽

Vol 17 (1) ◽

pp. 54

Author(s):

Fitri Wulandari ◽

Muh. Saleh Ridwan ◽

Patimah Patimah

Keyword(s):

Data Analysis ◽

Consumer Protection ◽

Qualitative Data ◽

Field Research ◽

Drug Control ◽

Data Presentation ◽

Analysis Techniques ◽

Consumer Protection Act ◽

Production And Distribution ◽

Information And Communication

This study is entitled Implementation of the Consumer Protection Act on Cosmetic Business Agents (Study of Cosmetic Supervision at Makassar Agency of Food and Drug Control). This study describes how to supervise the implementation of consumer protection act on cosmetic businesses. To obtain answers to this problem, the writers use three methods of the data collection; Observations, interviews, and documentation. In field research, the writers use observation and interview instruments. Qualitative Data processing and the data analysis techniques that are used; Data reduction, the data presentation, and verification of data. The samples in this study were the Head of the Agency of Food and Drug Control, the Head of Examination Department, the Head of Enforcement Department, the Head of Testing Department, the Head of Information and Communication Department, some business agents and consumers. The results of this study indicated that the application of the consumer protection act has been carried out by cosmetic business agents in Makassar, the agents have applied all the rules relating to the production and distribution of products as well. Supervision of cosmetic businesses by Makassar Agency of Food and Drug Control both in the market and at the clinic has proceeded properly.

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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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11. The Regulation of Medicines

Medical Law ◽

10.1093/he/9780198825845.003.0011 ◽

2019 ◽

pp. 573-624

Author(s):

Emily Jackson

Keyword(s):

Consumer Protection ◽

Strict Liability ◽

Marketing Authorization ◽

Safety And Efficacy ◽

Consumer Protection Act ◽

European Harmonization ◽

Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate; providing students with a stand-alone resource. This chapter examines the regulation of medicines. It first explains what a medicine is and the need for it to have a marketing authorization before it can be put into circulation. It covers the importance not only of establishing safety and efficacy before licensing, but afterwards as well, through pharmacovigilance mechanisms. The chapter covers the increasing European harmonization of the rules covering the licensing and marketing of medicines, and briefly discusses the implications of Brexit. Finally, it looks at liability for defective medicines, and the strict liability regime under the Consumer Protection Act.

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