scholarly journals Tinjauan Yuridis Penyelesaian Sengketa Konsumen Akibat Penjualan Pupuk Bersubsidi Palsu

Wajah Hukum ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 473
Author(s):  
Unayah Pujawati ◽  
Grasia Kurniati
Keyword(s):  
Consumer Protection ◽  
Research Method ◽  
Raw Materials ◽  
Legal Protection ◽  
Legal Provision ◽  
Limited Availability ◽  
Three Stages ◽  
Taking Action

The limited availability of subsidized fertilizers sold at official kiosk outlets makes it difficult for some farmers to get them. Not a few farmers who decide to buy subsidized fertilizer in other places whose authenticity is not guaranteed. As a result there are some farmers who are deceived by sellers of fake subsidized fertilizers. Therefore, a legal provision was made to protect the rights of farmers as consumers, and to deter sellers of fake subsidized fertilizers from taking action. Business actors must also be responsible for the consequences of losses suffered by consumers. This study aims to determine the factors causing the sale of counterfeit fertilizers and how the mechanism for resolving consumer disputes due to the sale of counterfeit fertilizers is based on Law Number 8 of 1999 concerning Consumer Protection. the research method used is normative juridical. The results of the study found that the factors that caused the sale of fake subsidized fertilizers were the lack of caution of consumers in purchasing subsidized fertilizers, the absence of responsibility for business actors, and the ease of obtaining raw materials for making fake fertilizers. Settlement of consumer disputes as legal protection for farmers can be reached through three stages, namely conciliation, mediation, and arbitration.

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 PERLINDUNGAN HUKUM TERHADAP KONSUMEN PENGOBATAN TERAPI BEKAM DI WILAYAH BOGOR

2021 ◽  
Vol 13 (1) ◽  
pp. 72
Author(s):  
Budi Santoso
Keyword(s):  
Traditional Medicine ◽  
Dispute Resolution ◽  
Consumer Protection ◽  
Research Method ◽  
Legal Protection ◽  
Qualitative Approach ◽  
Traditional Treatment ◽  
Bargaining Position ◽  
Dispute Resolution Mechanism

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.

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

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

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

SASI ◽  
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.

scholarly journals Tinjauan Yuridis Terhadap Tindak Pidana Perdagangan Mie Kuning Basah dengan Menggunakan Bahan Formalin (Putusan Nomor 2796/Pid.Sus/2018/PN Mdn)

2020 ◽  
Vol 13 (1) ◽  
pp. 62-74
Author(s):  
Wilbert Wilbert ◽  
Krisdayanti Wau ◽  
Venessa Chelsia
Keyword(s):  
Consumer Protection ◽  
Research Method ◽  
Legal Protection ◽  
Food Products ◽  
Harmful Substance ◽  
Food Control ◽  
National Agency ◽  
Criminal Offenders

The practice of trading yellow noodles is often done by numerous irresponsible sellers because one of the chemicals they use as preservative is a very harmful substance, which is formalin. If consumed, formalin may cause allergy, cancer, stomach irritation, blood vomiting, and also death. Despite the fact that formalin is forbidden to be added in any kind of food products, it is still commonly found and being used by producers to ensure their goods last longer, stay fresh and can be sold with cheap prices. In this case, sellers or producers are more profit oriented and set aside customer’s health or safety. By using normative juridical research method, the writers intend to find out the liability which traders are held for selling formalin-preserved yellow noodles. In addition, legal protection to the victims who consumed it should be taken into account. National Agency of Drug and Food Control also have role in watching over and supervising food products that contain formalin.  Criminal offenders will be given sanction as they have violated Consumer Protection Law. The result of this research shows that the traders are fined as much as Rp 2.000.000 (two million rupiah) for breaking Consumer’s Law Constitution Number 8 Year 1999 article 62 paragraph (1) and article 8 paragraph (1).

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

NORMA ◽  
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

scholarly journals PELAKSANAAN TANGGUNG JAWAB BANK TERHADAP NASABAH PENGGUNA KARTU ATM PADA BANK BRI CABANG RENON DENPASAR

2020 ◽  
Vol 8 (8) ◽  
pp. 1249
Author(s):  
Putu Bagus Bendesa Wirananda ◽  
Ni Putu Purwanti
Keyword(s):  
Consumer Protection ◽  
Research Method ◽  
Legal Protection ◽  
Empirical Method ◽  
The Other ◽  
Financial Transaction ◽  
Automatic Teller Machine ◽  
Other Hand ◽  
Before And After

Anjungan Tunai Mandiri (ATM) merupakan suatu produk perbankan yang dapat memudahkan nasabah dalam melakukan transaksi keuangan. Tetapi disisi lain nasabah sebagai pengguna ATM, dapat mengalami kerugian akibat dari kerusakan mesin ATM. Tujuan dari penulisan ini untuk mengetahui perlindungan hukum bagi nasabah pengguna kartu ATM dan untuk mengetahui tanggungjawab bank terhadap nasabah yang mengalami kerugian dalam menggunakan kartu ATM. Metode penelitian yang digunakan adalah metode penelitian empiris. Hasil dari penulisan ini adalah Bank wajib memberikan perlindungan baik sebelum dan sesudah terjadinya transaksi dalam menggunakan ATM berdasarkan Surat Edaran Bank Indonesia Nomor. 14/17/DASP Tentang Penyelenggaraan Kegiatan Alat Pembayaran dengan Menggunakan Kartu (APMK) dan memberikan  ganti rugi terhadap nasabah yang mengalami kerugian dari penggunaan ATM berdasarkan ketentuan-ketentuan dalam Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen. Automatic Teller Machine (ATM) is one of the banking products that can facilitate customer in conducting financial transaction activites. But on the other hand the customer, as an ATM product user, can suffer losses due to damage to the ATM machine The purpose of this paper is to find out the legal protection for customers who use ATM cards and to determine the bank's responsibility to customers who experience losses in using ATM cards. The research method used is the empirical method. The result of this study Banks are required to provide protection both before and after the transaction in using an ATM based on Bank Indonesia Circular Number. 14/17 / DASP Regarding the Implementation of Card-Based Payment Instrument Activities and provide compensation to customers who have suffered losses from the use of ATMs based on the provisions in Law Number 8 of 1999 Concerning Consumer Protection.

scholarly journals Legal Protection for Consumer of the Unlicensed Vapor from Drug and Food Supervisory Agency

FIAT JUSTISIA ◽  
2018 ◽  
Vol 11 (4) ◽  
pp. 371
Author(s):  
Dedhi Bima Samudra ◽  
Noor Fatimah Mediawati ◽  
M Tanzil Multazam ◽  
Emy Rosna Wati
Keyword(s):  
Research Methods ◽  
Consumer Protection ◽  
Research Method ◽  
Legal Protection ◽  
Subsequent Research ◽  
The Law ◽  
The Republic ◽  
The Government ◽  
Liquid Vapor

This research begins with the number of liquid vapor which spread in Indonesia that is not licensed by BPOM, and there is no clear law for liquid vapor, so there is no clarity from legal protection against liquid vapor consumers who are not licensed by BPOM. Therefore, in this research, the formulation of the problem is as follows: Is there legal protection against liquid vapor consumers who are not licensed by BPOM? The purpose of this research is to determine whether there is legal protection against liquid vapor consumers who are not licensed by BPOM. So this research can be useful for subsequent research that has the same theme and beneficial to researchers, liquid vapor consumers and also for the government. The research method used is the normative method. Normative research methods use the statute approach. The result of the research shows that there is a legal protection for liquid vapor consumer who is not licensed by BPOM, which is reviewed from the Law of the Republic of Indonesia Number 36 Year on concerning the health of Article 113 paragraph (1) and Article 114, Law of the Republic of Indonesia Number 8 Year 1999 on Consumer protection Article 8 paragraph (1) c and paragraph (1) i, Regulation of the Head of the Food and Drug Supervisory Agency of the Republic of Indonesia Number 4 Year 2017 on the Supervision of the Importation of Drugs into the Territory of Indonesia Article 4 paragraph (1). Keywords: Legal Protection, Consumer, Liquid-Vapor

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

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.

scholarly journals PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP PEMBONGKARAN RUMAH DAN SERTIFIKAT YANG TIDAK SELESAI DALAM PEMBELIAN RUMAH SECARA KREDIT (Studi Kasus Jual Beli Rumah Di Cikarang)

2018 ◽  
Vol 1 (1) ◽  
pp. 192
Author(s):  
Tia Monica Ifana ◽  
A.M Tri Anggraini
Keyword(s):  
Consumer Protection ◽  
Research Method ◽  
Legal Protection ◽  
Housing Construction ◽  
Legal Certainty ◽  
Housing Scheme ◽  
Trading Activities ◽  
Housing Industry

Legal protection for consumers means all government efforts to ensure legal certainty to provide protection to its citizens so that their rights as a citizen is not violated, and for those who violate will be subject to sanctions in accordance with applicable regulations. consumer protection at this time can not be separated from trading activities, in trade activities such as housing construction is expected to create a balance of rights and obligations between business actors and consumers. but the housing scheme often involves some problems that can hurt the consumer housing industry, because there are still many developers who only seek profits as big as possible without thinking about the needs of consumers, with the rights of consumers who violated the need for legal protection and responsibility of the perpetrator business based on Article 19 UUPK. The research method used by the writer is normative research method supported by interview with resource person. A brief analysis of this journal is titled by the author. Conclusions and suggestions about the issues studied by the author.

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