PERLINDUNGAN KONSUMEN TERHADAP PENGGUNAAN KOSMETIK YANG TIDAK TERDAFTAR PADA BPOM

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
Triyana Syahfitri
Keyword(s):  
Consumer Protection ◽  
Drug Product ◽  
Goods And Services ◽  
Food And Beverages ◽  
Consumer Protection Act ◽  
The Government ◽  
The Right

Consumer Protection Act Article 4 letter a which states that consumers have the right to comfort, security and safety in consuming goods and / services, so that goods circulated in the market must go through an Official Independent Institution formed by the Government which functions to oversee the circulation of each drug product, food and beverages circulating in Indonesia, namely the Food and Drug Supervisory Agency (BPOM). The BPOM Code is given as a guarantee that the goods consumed are healthy or harmless if consumed. Products that have been coded BPOM means that consumers use products that have safe quality and do not endanger health. But in reality there are still many markets on the product that are without the BPOM code, for example products in the form of female cosmetics.    

scholarly journals Gugatan Class Action dalam Hukum Perlindungan Konsumen

to-ra ◽  
2015 ◽  
Vol 1 (2) ◽  
pp. 89
Author(s):  
Wiwik Sri Widiarty
Keyword(s):  
Consumer Protection ◽  
Low Cost ◽  
Class Action ◽  
Judicial Process ◽  
Consumer Protection Act ◽  
Civil Lawsuit ◽  
The Government ◽  
The Many ◽  
The Right ◽  
First Time

Abstract   First time of the many cases that harm the interests of consumers as well as to the need for information and the development of knowledge in the field of law today is known as the class action, the Government, and Dewan Perwakilan Rakyat give attention to consumers in Indonesia. Provisions governing Class Action contained in Law No. 32 Year 2009 on Protection And Environmental Management, and Law No. 8 of 1999 on Consumer Protection, and also law PERMA No.1 Year 2002 on Proces Class Action. In order to demand justice for the consumer losses caused by the business, the consumer has the right to demand their rights as set out in the Consumer Protection Act, that the dispute mechanism can be chosen voluntarily by the parties to the dispute, namely through the courts or out of court. The class action suit is a civil lawsuit filed by a group of people who have an interest in a similar problem, either one or more of their members to sue or be sued as representative of the group without any members of the group are involved directly in the judicial process. In connection with this there is the benefit of a class action lawsuit in consumer disputes in court, but to fight for their rights, the principle litigants with simple, fast, and low cost, and the determinants that be a reason to be eligible class action, both in practice as well as in its implementation.   Kata Kunci: Gugatan Class Action

scholarly journals CHALLENGES AND PROSPECTS OF CONSUMER PROTECTION IN THE CONTEXT OF GLOBALIZATION AND FINANCIAL CRISES - THE CASE OF PALESTINE

2020 ◽  
Vol 8 (9) ◽  
pp. 887-893
Author(s):  
Yaser Shaheen ◽  
Keyword(s):  
Consumer Protection ◽  
Consumer Market ◽  
Goods And Services ◽  
Consumer Rights ◽  
The Government ◽  
The One ◽  
Questionnaire Method ◽  
The Right ◽  
Role Of The Government

This study aims at clarifying the concept and dimensions of consumer rights, and at diagnosing the reality of consumer rights represented in the (right to choose, right to safety, right to be heard and right to be informed). The descriptive approach was the one used for the purpose of this study. The current study was conducted on consumers of some basic goods and services. A facilitated sample consisting of (100) people was used. The blank questionnaire method was used to obtain the primary data.The results show that there is an increase in the frequency of consumer rights violations in light of globalization and the repercussions of the financial crisis due to the Corona virus crisis. It was found that the consumer rights watchdogs knowledge of global consumer rights regulations was very limited, and that their ability to know and meet consumer rights is weak. There are few contributions by researchers in addressing the importance of consumer rights in the Palestinian reality. In addition, there is a retreat in the provision of safety and protection requirements in some of the products offered in the Palestinian consumer market. The role of the government and regulatory authorities such as consumer protection and the Ministry of Economy in providing information of interest and providing protection Sustainable for consumers is weak as well.

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

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. 

scholarly journals 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)

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.

scholarly journals ROLE FORENSIC TRADE ANALYSIS WHILE HEARING CONSUMER PROTECTION CASES

2019 ◽  
Vol 19 (1) ◽  
pp. 406-416
Author(s):  
O. Dontsova ◽  
G. Sich
Keyword(s):  
Consumer Protection ◽  
Human Life ◽  
Poor Quality ◽  
The State ◽  
The European Union ◽  
Goods And Services ◽  
Consumer Rights ◽  
Major Player ◽  
The Right

This article content is aimed at characterization of urgent problematic issues, which are connected with determining the place of forensic expertise in cases related to the protection of consumer rights and the development of ways of solving emerging problems. The article emphasizes that in accordance with the current legislation, consumers have the right to protect their rights to the necessary quality, safety of goods and services, as well as the right to compensation for losses caused by goods of inadequate quality, dangerous to life and health, etc. It is determined that the main control in the sphere of trade is exercised by the State Service for Product Safety and Consumer Protection, and it is established that the problems are the inability of this service to carry out an instant check on a consumer complaint of a particular point of sale. At the present stage, the problem of citizens' rights including rights in the sphere of consumption, is extremely urgent, because accession of Ukraine to the European Union requires the application of European standards of product quality. In developed country, the consumer is a major player in market relations, which is focused on the production and improvement of the quality of goods and services. The application of sanctions to sellers, manufacturers of poor-quality products does not always give the necessary effect, because usually an unscrupulous manufacturer (seller, executor) pays a fine and continues to provide poor quality services, to supply products that are dangerous to life and health. Important factor in improving the quality of products and services provided is the legal knowledge of consumers themselves in protecting their rights. Consumer rights have a prerogative over the rights of sellers and producers, since human life and health under the Constitution of Ukraine is a fundamental value of the state. The authors described the actions that the consumer should take to protect their violated rights, and emphasized that in cases where the consumer seeks to restore justice for this issue, he should ask an expert institution to perform a forensic trade research.

scholarly journals PERLINDUNGAN HUKUM PADA TINDAK PIDANA E-COMMERCE

2019 ◽  
Vol 18 (2) ◽  
pp. 215
Author(s):  
Dewi Setyowati ◽  
Candra Pratama Putra ◽  
Ramdhan Dwi Saputro
Keyword(s):  
Electronic Commerce ◽  
Consumer Protection ◽  
Legal Protection ◽  
Legal Basis ◽  
Electronic Evidence ◽  
Consumer Protection Act ◽  
Consumer Rights ◽  
Correct Information ◽  
Electronic Transactions ◽  
The Right

<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>

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 CONSUMER PROTECTION IN THE SUPPLY OF SERVICES: A COMPARATIVE STUDY BETWEEN THE CONSUMER PROTECTION ACT 1999 AND ISLAMIC LAW

2012 ◽  
Vol 18 (1) ◽  
Author(s):  
Elistina Abu Bakar ◽  
Naemah Amin
Keyword(s):  
Comparative Study ◽  
Consumer Protection ◽  
Islamic Law ◽  
Service Providers ◽  
Goods And Services ◽  
Left Behind ◽  
Consumer Protection Act ◽  
The Law

The Consumer Protection Act 1999 (CPA) that came into force on 15 November 1999 represents a milestone in consumer protection in Malaysia.1 It has several important provisions, some of which are more beneficial than those found in the law of contract and law of tort since its objective is specifically to protect the interest of consumers. The statute is applicable to both goods and services but the provisions on services are very important because previously the laws regulating the supply of services seem to be left behind compared to those regulating goods. The aim of this paper is to examine the relevant provisions of the CPA and make a comparative study with the protection available under the Islamic law of muʿāmalāt. The central discussions are on section 53, section 54 and Part IX of the CPA since they deal specifically with the supply of services. The liabilities of the service providers are scrutinised as well as consumers’ rights of redress

scholarly journals Juridical Analysis of Protection of Bank Customers from Skimming Action Reviewed from Consumer Protection Law

2019 ◽  
Vol 6 (4) ◽  
pp. 546
Author(s):  
Nor Hazrina ◽  
Yulfasni Yulfasni ◽  
Delfianti Delfianti
Keyword(s):  
Consumer Protection ◽  
Banking Sector ◽  
Service Providers ◽  
Legal Protection ◽  
Primary Data ◽  
Literature Study ◽  
Banking Services ◽  
Consumer Protection Act ◽  
Automatic Teller Machine ◽  
The Right

Today technology is growing rapidly including in the banking sector, banks as service providers continue to provide services to facilitate customer transactions, one of which is in the form of an ATM machine (Automatic Teller Machine), besides that customers as consumers in banking services also have the right to get comfort and security for funds entrusted by the customer to the bank, and also the bank is obliged to provide protection and safeguard against crime by third parties with skimming mode, as stipulated in the consumer protection law. The method in this research is normative juridical research. Research data were collected through literature study and interviews with resource persons to obtain primary data and literature studies to obtain primary data. The focus of this research is to find out how the Protection of Bank Customers From the Act of Skimming Viewed from the Consumer Protection Regulation. The results of the study indicate that the form of legal protection for bank customers from acts of skimming in terms of the Consumer protection Act that is legal protection and direct protection, and if there is a skimming action that is detrimental to the customer, and it is proven that there is no element of negligence from the customer, the bank will provide compensation for the amount of money lost.

scholarly journals Forms of consumer protection

2021 ◽  
Vol 59 (3) ◽  
pp. 227-267
Author(s):  
Dragan Vujisić ◽  
Milan Rapajić
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Alternative Dispute Resolution ◽  
Administrative Procedure ◽  
Consumer Protection Act ◽  
Civil Proceedings ◽  
The Law ◽  
Administrative Proceedings ◽  
The Right ◽  
Judicial Protection

The authors point to the plurality of forms of consumer protection. Private law form of consumer protection is individual protection in civil proceedings. The protection of the collective interests of consumers in most European legal systems is achieved through litigation. The Consumer Protection Act entrusts the protection of the collective interests of consumers to administrative bodies, which is realized in administrative proceedings, whose rules are characterized by considerable differences in relation to the rules provided by the Law on General Administrative Procedure. A significant unit is dedicated to the mechanism of alternative dispute resolution, especially arbitration and mediation. The shortcomings of the Law on Consumer Protection regarding certain contradictory provisions are pointed out. The legislator stimulates alternative dispute resolution, and on the other hand stipulates that contracting one of these methods does not affect the right to judicial protection. The paper also analyses the inspection.

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