scholarly journals EFEKTIVITAS PENEGAKAN HUKUM TERHADAP PRODUSEN MAKANAN DI INDONESIA

2019 ◽  
Vol 1 (02) ◽  
pp. 146-161
Author(s):  
Ruli Purnamasari ◽  
Solihan Solihan ◽  
Viyola Azzahra
Keyword(s):  
Law Enforcement ◽  
Consumer Protection ◽  
Criminal Responsibility ◽  
Health And Safety ◽  
Food Products ◽  
Health Law ◽  
Legal Research ◽  
Consumer Protection Act ◽  
Food Law ◽  
Law Enforcement Officials

Abstrak   Efektivitas penegakan hukum terhadap produsen makanan berbahaya menuju Indonesia Sehat 2025 tersebut didasarkan apabila pelaku usaha memproduksi dan memperdagangkan produk makanan yang mengandung bahan kimia serta membahayakan kesehatan dan keselamatan konsumen, maka pelaku usaha/produsen melanggar Undang-Undang Nomor 36 Tahun 2009 tentang Kesehatan, Undang-Undang Nomor 18 Tahun 2012 tentang Pangan, Undang-Undang Nomor 8 Tahun 1999 tentang perlindungan Konsumen.  Penelitian ini merupakan penelitian hukum normative yang bertujuan untuk mengetahui Faktor yang mempengaruhi terhadap efektivitas penegakan hukum terhadap produsen makanan berbahaya menuju Indonesia Sehat 2025. Faktor hukumnya, yaitu lemahnya sanksi terhadap pelanggarnya, proses penanganan masalah berbelit-belit, kurang profesionalnya para aparatur penegak hukum dan kurangnya koordinasi antar penegak hukum. Tanggung jawab pidana produsen terhadap kerugian yang diderita konsumen akibat makanan berbahaya yang diproduksi, dipasarkan, ditawarkan dan diperdagangkannya, secara yuridis, dalam konsepsi Undang-Undang Perlindungan Konsumen dan peraturan perundang-undangan terkait lainnya.   THE EFFECTIVENESS OF LAW ENFORCEMENT ON FOOD MANUFACTURERS IN INDONESIA   Abstract   The effectiveness of law enforcement against dangerous food producers towards Healthy Indonesia 2025 is based on if business actors produce and trade food products that contain chemicals and endanger the health and safety of consumers, then the business actor/producer violates Law Number 36 of 2009 concerning Health, Law No. Law Number 18 of 2012 concerning Food, Law Number 8 of 1999 concerning Consumer Protection. This research is a normative legal research that aims to determine the factors that influence the effectiveness of law enforcement against producers of dangerous food towards Healthy Indonesia 2025. The legal factors are the weakness of sanctions against violators, the process of handling problems is complicated, the lack of professionalism of law enforcement officials and the lack of coordination between law enforcement. The producer's criminal responsibility for the loss suffered by the consumer due to the dangerous food produced, marketed, offered and traded, legally, in the conception of the Consumer Protection Act and other relevant laws and regulations.   Keywords: Effectiveness, Law Enforcement, Food Producers

scholarly journals THE LEGAL ACT ON COUNTERFEITING THE COVID-19 VACCINE IN INDONESIAN HEALTH LAW

2021 ◽  
Vol 5 (2) ◽  
pp. 273
Author(s):  
Sahuri Lasmadi
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
International Criminal ◽  
Secondary Data ◽  
Criminal Code ◽  
Health Law ◽  
Legal Research ◽  
Global Warning ◽  
Law Enforcement Officials ◽  
Online Form

The International Criminal Police Organization has officially issued a global warning to law enforcement officials in 194 member countries to prepare to prevent and deal with various world criminal networks that will seek to utilize the Covid-19 vaccine, both physically. The online form is counterfeiting the Covid-19 vaccine. This study aims to analyze the criminal act of counterfeiting the Covid-19 vaccine from the Health Law in Indonesia. The research method used is the Normative Law research method, which examines library materials or secondary data. Normative legal research is also called doctrinal legal research.  The criminal act of counterfeiting the Covid-19 vaccine is generally regulated in Article 386 Paragraph 1 of the Criminal Code relating to acts of fraud and forgery. However, it is specifically regulated in the provisions regarding penalties for distributing fake vaccines in Indonesia as regulated in Articles 196, 197, 198, and 201 Act No. 36 of 2009 concerning health. The ingredients are everyone deliberately and producing and circulating counterfeit vaccine preparations. For the criminal act ofCovid-19 vaccine counterfeiting corporate, the corporation can be subject to additional penalties in the form of revocation of business licenses and revocation of legal entity status.

KONSEP RESTORATIVE JUSTICE MELALUI MEDIASI PENAL DALAM PENYELESAIAN PERKARA PIDANA BERMOTIF RINGAN PADA MASYARAKAT ADAT KAMPUNG KUALA GASIB DI KECAMATAN KOTO GASIB KABUPATEN SIAK

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
ELMA YANTI
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Indigenous People ◽  
Criminal Case ◽  
Criminal Cases ◽  
Legal Research ◽  
Direct Participation ◽  
Criminal Offenses ◽  
Differences Of Opinion ◽  
Law Enforcement Officials

The settlement of criminal offenses with mild motives can be carried out by reasoning penal mediation called the restorative justice approach, which focuses on the direct participation of perpetrators, victims and the community. The research that use in this study is sociological legal research (social legal research). The concept of restorative justice through reasoning penal mediation in the settlement of a mildly criminal case for the indigenous people of village kuala gasib in koto gasib siak, was carried out with the intermediary of the headman. Headman as customary village heads and as government administrators have an important role in creating peace efforts in resolving disputes that occur in the community, one of which is through the settlement of criminal cases by reasoning penal mediation with the concept of restorative justice. The constraints of the concept of restorative justice through reasoning penal mediation in the settlement of mildly criminal cases for the indigenous people of village kuala gasib in koto gasib siak are: a) The absence of a special law mediation of regulation, b) Lack of facilities and infrastructure in mediating, c) Lack of mediator skills for village head to reconcile the parties to the dispute, d) There are differences of opinion among law enforcement officials about the concept of restorative justice through penal mediation

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

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.

scholarly journals MERINTANGI PENGUBURAN JENAZAH COVID-19 DITINJAU BERDASARKAN PASAL 178 KITAB UNDANG-UNDANG HUKUM PIDANA

LEGALITAS ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 104
Author(s):  
Muhammad Rezky Rinaldy Dan Syamsudin
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Criminal Code ◽  
The Body ◽  
Legal Research ◽  
Corona Virus ◽  
The World ◽  
Law Enforcement Officials ◽  
The Impact

Indonesia and even the world now feel the impact of the Corona virus outbreak (covid-19), in connection with it hindering the burial of the bodies of victims who died. The phenomenon of corpse rejection of corona virus patients (covid-19) continues to occur in various regions. In fact, the body must be buried immediately no later than 4 hours after being declared dead. The main reason people are reluctant to accept the bodies of patients co-19 because of fear of contracting. While the medical ensure that the body will not transmit the virus. The body in the coffin has been wrapped and declared sterile. The type of research used in this study is the type of normative legal research, which is a legal research method that uses a statutory approachThe results of the study showed that obstructing officers who will carry out official burials could indeed be convicted. Law enforcement officials can use Article 178 of the Criminal Code. not a complaint offense. Law enforcement officials can immediately take action without anyone complaining. "If the incident fulfills the elements contained in Article 178 of the Criminal Code, the perpetrators can be charged. However, it must look at intentions and actions as a condition for imposing a crime on someone.

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

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.

scholarly journals TINJAUAN YURIDIS DALAM BUKTI HUKUM KONSUMEN DALAM MAKANAN HALAL

2020 ◽  
Vol 12 (1) ◽  
pp. 26
Author(s):  
Jacobus Jopie Gilalo ◽  
Adi Sulistiyono ◽  
Burhanudin Harahap
Keyword(s):  
Consumer Protection ◽  
Legal Protection ◽  
Food Product ◽  
Food Products ◽  
Consumer Protection Act ◽  
Sense Of Security ◽  
Information Safety ◽  
Halal Food ◽  
Review Study ◽  
Muslim Communities

Indonesia is a country with the majority Muslims in the world. As Muslims, it is obligatory to comply with religious prohibitions that must be obeyed, namely by not consuming food that are made from / have non-halal contents. Several laws, namely: Consumer Protection Act, Health Act, Food Act and Halal Product Guarantee Act are a form of legal protection for halal food products that can provide guarantees for consumption by Indonesian Muslim communities. This paper is a descriptive qualitative one that seeks to provide an overview of the problem of regulating halal food products in relation to consumer protection and legal protection of consumers in consuming halal food products. The results of this review study that the regulation of halal food products for companies or businesses that will trade their products in Indonesia based on the Halal Product Guarantee Act if related to consumer protection has provided legal certainty for the consumer community (Muslims) to consume halal food, namely by there are Halal Certification marks and Halal Labels. Likewise, several laws and regulations relating to halal food products that have been enacted provide legal protection for consumers in consuming food and beverages. Consumers must get information, safety and a sense of security for a food product that will be consumed according to their choices.

scholarly journals LEGAL PROTECTION OF CONSUMERS THROUGH HALAL CERTIFICATION ON PROCESSED FOOD PRODUCTS IN PALU CITY

2020 ◽  
Vol 17 (1) ◽  
pp. 38-55
Author(s):  
Marzuki Marzuki
Keyword(s):  
Law Enforcement ◽  
Empirical Research ◽  
Legal Protection ◽  
Food Products ◽  
Legal Culture ◽  
Influential Factors ◽  
Processed Food ◽  
Normative Study ◽  
Irresponsible Behavior ◽  
Law Enforcement Officials

This study discusses legal protection for Muslim consumers through Halal certification in processed food products in Palu. This is based on the writer's concern watching case after case that occurred in the community. With a variety of excuses and interests, the community as consumers become victims of the irresponsible behavior of processed food producers. This research is a normative study combined with empirical research to find out various factors that influence the realization of legal protection for Muslim consumers for processed food products in Palu. Namely: legal substance, Law enforcement officials Related to Halal Certification, Community Legal Culture and Supporting Facilities. The results showed that the four influential factors had not played their role maximally so that the conclusion was drawn that the legal protection of Muslim consumers through halal certification on processed food products in Palu had not been effective.

scholarly journals Perjanjian Jaminan Fidusia Kaitan dengan Penyidikan Tindak Pidana Perlindungan Konsumen

2019 ◽  
Vol 1 (2) ◽  
pp. 157-166
Author(s):  
Iskandar Muda Sipayung ◽  
Tan Kamello ◽  
Marlina Marlina ◽  
Arie Kartika
Keyword(s):  
Consumer Protection ◽  
House Of Representatives ◽  
Criminal Investigation ◽  
Legal Certainty ◽  
Legal Research ◽  
Consumer Protection Act ◽  
Approach Method ◽  
The Republic ◽  
The Government ◽  
The Relationship

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.

scholarly journals IMPLEMENTASI RESTITUSI ANAK SEBAGAI BENTUK PERLINDUNGAN HUKUM BAGI ANAK KORBAN TINDAK PIDANA DI PROVINSI RIAU

2020 ◽  
Vol 3 (1) ◽  
pp. 25-42
Author(s):  
Dewi Lisnawati
Keyword(s):  
Law Enforcement ◽  
Sexual Assault ◽  
Sexual Violence ◽  
Child Protection ◽  
Government Regulation ◽  
Legal Protection ◽  
Child Victims ◽  
Legal Research ◽  
Law Enforcement Officials ◽  
Victims Of Crime

ABSTRAKSetiap anak yang menjadi korban tindak pidana berhak mendapatkan restitusi seperti yang tertuang di dalam peraturan pelaksana dari Pasal 71 D Undang-Undang Perlindungan Anak No. 35 Tahun 2014 yakni Peraturan Pemerintah Nomor 43 Tahun 2017 tentang Pelaksanaan Restitusi Bagi Anak Yang Menjadi Korban Tindak Pidana. Pelaksanaan restitusi kepada korban hanya ditujukan kepada beberapa tindak pidana tertentu saja termasuk tindak pidana kekerasan seksual. Diterbitkannya Peraturan Pemerintah tersebut bertujuan untuk memberikan perlindungan hukum terhadap korban khususnya anak-anak atas penerapan hak restitusi. Penelitian ini termasuk tipologi penelitian hukum empiris. Hasil penelitian menunjukkan bahwa pelaksanaan restitusi bagi anak yang menjadi korban tindak pidana kekerasan seksual di Provinsi Riau berdasarkan Peraturan Pemerintah Nomor 43 tahun 2017 belum berjalan dengan baik. Hal ini disebabkan oleh beberapa kendala yakni kurangnya kesadaran dari aparat penegak hukum untuk mendorong terlaksananya restitusi bagi anak yang menjadi korban tindak pidana, administirasi pengajuan permohonan restitusi yang rumit, dan kendala restitusi yang tidak dibayarkan dan ketentuan dalam Peraturan Pemerintah Nomor 43 Tahun 2017 yang kurang jelas. Fokus penelitian ini adalah penerapan restitusi pada anak korban tindak pidana berdasarkan Peraturan Pemerintah Nomor 43 Tahun 2017.Kata kunci: restitusi; anak korban tindak pidana; kekerasan seksualABSTRAKEvery child who is a victim of a crime is entitled to get restitution as stipulated in the implementing regulations of Article 71 D of the Child Protection Act No. 35 of 2014 namely Government Regulation Number 43 of 2017 concerning Implementation of Restitution for Children Who Become Victims of Criminal Acts. The implementation of restitution to victims is only aimed at a number of specific criminal acts including sexual violence. The issuance of this Government Regulation aims to provide legal protection for victims, especially children, on the application of restitution rights so that they can run well. This research is a typology of empirical legal research. The results showed that the implementation of restitution for children who were victims of sexual violence in Riau Province based on Government Regulation No. 43 of 2017 has not gone well. This is caused by several constraints namely lack of awareness from law enforcement officials to encourage the implementation of restitution for children who are victims of criminal acts, administration of submission of complex restitution applications, and restitution constraints that are not paid and the unclear provisions in Government Regulation Number 43 of 2017. The focus of this research is on the provisions stipulated in Government Regulation Number 43 of 2017 concerning the implementation of restitution for children who are victims of criminal acts.Keywords: restitution; child victims of crime; sexual assault

scholarly journals Determining State’s Financial Losses in Corruption: An Institutional Power and Constraint in Indonesia

Lentera Hukum ◽  
2021 ◽  
Vol 8 (1) ◽  
pp. 95
Author(s):  
I Made Gemet Dananjaya Suta ◽  
I Gusti Agung Mas Prabandari ◽  
Ni Luh Gede Astariyani
Keyword(s):  
Law Enforcement ◽  
State Institution ◽  
Legal Research ◽  
Institutional Power ◽  
Financial Audit ◽  
Law Enforcement Officials ◽  
Financial Losses

One of the main elements in corruption is the loss of state finances. It results in confusion impacting law enforcement officials' performance in eradicating corruption. In Indonesia, the Supreme Audit Agency (BPK) is an institution authorized to assess state financial losses. In practice, the Financial and Development Supervisory Agency (BPKP) is another institution with similar power. This study analyzed which institutions have the more appropriate power in determining state financial losses in corruption. Using legal research with statutory and conceptual approaches, this study showed that the BPK is an institution granted the constitutional power to examine state finances' management and responsibility, asserting its more legitimate institution to handle the power to assess the financial losses. Consequently, the BPK is the only state institution that can determine state financial losses. At the same time, the BPKP is only authorized to assess or audit the calculation of state financial losses as an indication of irregularities detrimental to state finances. This study concluded that only the BPK can assess and determine state financial losses used in examining the alleged corruption before the court. KEYWORDS: Institutional Powers, Financial Audit Institution, Corruption.

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