scholarly journals Juridical Review The Implementation of Oral Agreement is associated with the Law of Treaties and Law Number 8 Year 1999 concerning Consumer Protection

2018 ◽  
Vol 1 (1) ◽  
pp. 56
Author(s):  
Dian Eka Pusvita Azis ◽  
Nurhaedah Nurhaedah
Keyword(s):  
Consumer Protection ◽  
Social Life ◽  
Legal Protection ◽  
Civil Code ◽  
Legal Principles ◽  
Consumer Law ◽  
Consumer Protection Act ◽  
Legal Power ◽  
Material Sources ◽  
The Law

The covenant is one of the most common legal relationships in the community. The Covenant under Article 1313 of the Civil Code is an act by which a person or more binds himself to one or more persons. Unconsciously, oral agreements are often done in social life and often the parties who make the oral agreement deny the existence of the agreement. This research is descriptive normative juridical research. This study uses primary legal material sources consisting of laws and regulations bound by research. Sources of secondary legal materials in the form of materials or related materials and explain the problem, and the source of tertiary legal materials are materials that provide information about primary legal materials and secondary legal materials related to the research. Against the form of the exercise of the agreement in the oral form declared unilaterally by the party that offers the agreement inevitably the interested party in this case the second party is pressed with the interest of agreeing the contents of the agreement. Not to mention the possibilities that occur in the future that is wanprestasi with large losses so that the court to face, and what if the party who did the default is negligent, broken promise, do not acknowledge or deny having oral agreement Based on the background and problems that have been described above so it is necessary to examine the extent to which the legal protection of oral agreements, if one of the parties making the alleged infringement of the oral agreement is associated with the Law of Contract and the Consumer Protection Number Act. Based on this research it is concluded that the oral agreement is legal and has the legal power to declare a person to default, but if the oral agreement is denied / not recognized by the alleged defendant, the oral agreement has no legal power to declare a person to default, can be true and may not exist, depending on the proof of the parties. but verbal agreements that have been denied / unrecognized may regain their legal power if it can be proven that the oral agreement actually exists or has been made.Based on Law No. 8 Consumer Protection Consumer law is defined as the whole legal principles and rules governing relationships and problems between various parties or each other in relation to goods and / or services within the association of life. Based on Article 163 HIR and Article 1865 of the Civil Code, any party that argues for a right, then the party must prove it. So if the consumer demands his right to the business actor that harms him, then the consumer must prove. However, in Law Number 8 Year 1999 concerning Consumer Protection Article 22 and Article 28, the evidentiary obligation is "reversed" (reversed proof) to be the full responsibility and responsibility of the business actor. So the provisions on responsibility and redress in the Consumer Protection Act are lex specialists against the general provisions contained in the Civil Code.

scholarly journals Juridical Review The Implementation of Oral Agreement is associated with the Law of Treaties and Law Number 8 Year 1999 of Consumer Protection

2018 ◽  
Author(s):  
Substantive Justice ◽  
Dian Eka Pusvita Azis
Keyword(s):  
Consumer Protection ◽  
Social Life ◽  
Civil Code ◽  
Legal Principles ◽  
Consumer Law ◽  
Legal Power ◽  
The Law ◽  
Consumer Demands ◽  
Made In

PUBLISHED ON www.substantivejustice.id Vol.1 (1) March 2018 The Covenant under Article 1313 of the Civil Code is an act by which one or more persons bind themselves to one or more persons. Unconsciously, verbal agreements are often made in social life and often the parties who make oral agreements reject the existence of the agreement. This research is a normative descriptive juridical research. Based on this study it can be concluded that the oral agreement is legal and has the legal power to declare a person to default, but if the oral agreement is rejected/not recognized by the accused, the oral agreement has no legal power to declare the person to default, there, depending on the evidence from the parties. but verbal agreements that have been rejected / unrecognized may regain their legal power if it can be proven that an oral agreement exists or has been made. Based on Law no 8 of Consumer Protection Consumer law is defined as all legal principles and rules governing relationships and problems between various parties or each other in relation to goods and / or services in the aspects of life. Based on Article 163 of HIR and Article 1865 of the Civil Code, any party that argues for right, then the business actor must prove it. So if the consumer demands his right to the business that endangers it, then the consumer must prove it.

scholarly journals Legal Protection of Malaysia Umrah Pilgrims

2019 ◽  
Vol 8 (5C) ◽  
pp. 397-404
Keyword(s):  
Consumer Protection ◽  
Legal Protection ◽  
Tourism Industry ◽  
High Demand ◽  
Consumer Protection Act ◽  
Raising Awareness ◽  
The Law ◽  
Regulations And Guidelines

The Umrah is an Islamic pilgrimage to holy cities of Makkah and Madinah and is performed by Muslims that can be undertaken at any time of the year. Umrah travel package is a common service used by consumer in Malaysia. The high demand for this service is contributed by better conditions of the economy in Malaysia so that raising awareness of Malaysian to perform Umrah and the number of registered Umrah pilgrims continued to increase annually. There are also many complaints reported in the Tribunal for Consumer Claims in relation to this service. The aim of the article is to analyse the extent to which the relevant laws protect the rights of Umrah consumers in Malaysia. Being qualitative in nature, this study collects relevant framework which include laws, regulations and guidelines which are related to Umrah services. The purpose is to analyse the adequacy of the existing consumer protection laws in protecting Umrah pilgrims. The result of the study indicated that in Malaysia, there is no self-standing law on Umrah pilgrims’ protection, though there are several laws which provide limited rights to pilgrims such as the law of contract, the law of tort, the Consumer Protection Act 1999 and the Tourism Industry Act 1992. The existing laws are inadequate to provide a comprehensive protection to the Umrah pilgrims. This article proves that there are many hindrances under the law of contract and the law of tort for Umrah pilgrims to seek for remedies. In addition, there exist lacunae and ambiguity in the statutory provisions under the Consumer Protection Act 1999 and Tourism Industry Act 1992 which need further amendments. This study proposes improvement to the existing laws so that it will be able to provide adequate protection to the Umrah pilgrims

scholarly journals PERLINDUNGAN HUKUM KONSUMEN DALAM HAL PELAKU USAHA PENGEMBANG RUMAH SUSUN YANG SUDAH DINYATAKAN PALIT (STUDI TERHADAP KEMANGGISAN RESIDENCE)

2018 ◽  
Vol 1 (1) ◽  
pp. 1212
Author(s):  
Illona . ◽  
Anna Maria Tri Anggraini
Keyword(s):  
Data Collection ◽  
Consumer Protection ◽  
Research Method ◽  
Legal Protection ◽  
Good Faith ◽  
Consumer Protection Act ◽  
Consumer Rights ◽  
Maximum Protection ◽  
The Law ◽  
Legal Security

The needs for apartment are currently increasing as the population increases and as availability of land becomes limited. The demand for such apartment is utilized by the developers to build and market the apartment in the community. However, with the high desire of developers in meeting the demands for apartment, it does not always coincide with the needs of the consumers for a decent place to live and have a guarantee of legal security. Therefore, the author proposes issue about how is the law protection of consumer in terms of apartment developers as business actors who have declared bankruptcy viewed from the perspective of Consumer Protection Law? The research method that the researcher uses for the issue is academy purposes methods with library data collection techniques. After conducted the research of preventive consumer legal protection, the law has been regulated in Regulation Number 8 Year 1999. But with Consumer Protection Act yet has not provided maximum protection to consumer. The violation of the consumer rights have given uncertainty to the consumers who will buy the apartment units. Plenty of developers whose business activities in the apartment field perform their activities with no good faith. While the repressive consumer legal protection has been regulated. The settlement can be done both inside and outside the court. However, the settlement has not been so regulated that it leaves a gap for business actors to avoid from responsibility to compensate consumers.

scholarly journals PENERAPAN PASAL 4 UNDANG-UNDANG NO.8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN PADA JASA PENGIRIMAN DOKUMEN DI PT. KERTA GAYA PUSAKA PERWAKILAN PURWOKERTO

2013 ◽  
Vol 8 (2) ◽  
Author(s):  
Rochani Urip Salami ◽  
I Ketut Karmi Nurjaya ◽  
Krisnhoe Kartika
Keyword(s):  
Consumer Protection ◽  
Social Life ◽  
Legal Protection ◽  
Transport Service ◽  
Normative Approach ◽  
Consumer Protection Act ◽  
The World

Nowadays, the issue of consumer protection in Indonesia has encompassed various fields of social life, nd without any exemption, the isuue of transportation is include thereof. Transportation is one of the factor that able to determine the succes of state’s economic. Transportation is executable through land, air and water. One of the forms of services in land transportation is the transport of package in Purwokerto that run the area of document. This research usesd the method of normative approach, eith the intention to conclude the legal protection toward the consumer of PT Kerta Gaya Pustaka package transport service branch in Purwokerto, considering that PT Kerta Gaya Pustaka is one of the parties in the world of bussiness that has obligations to perform its bussiness in conformity with the principles and provisions in the consumer protection act (UUPK) as well as possible and with liabilities. Kata Kunci : Perlindungan Konsumen, jasa Pengiriman dokumen

scholarly journals Consumer Protection in the Banking Credit Agreement in Accordance with the Principle of Proportionality under Indonesian Laws

FIAT JUSTISIA ◽  
2020 ◽  
Vol 14 (4) ◽  
pp. 337
Author(s):  
Dwi Ratna Indri Hapsari ◽  
Kukuh Dwi Kurniawan
Keyword(s):  
Consumer Protection ◽  
Financial Services ◽  
Civil Code ◽  
Freedom Of Contract ◽  
Standard Contract ◽  
Consumer Protection Act ◽  
The Law ◽  
Principle Of Proportionality ◽  
Credit Agreement ◽  
Banking Credit

The implementation of the principle of freedom of contract gives rise to the types of agreements not regulated in the law or The Indonesian Civil Code (ICC). We are familiar with the term Standard contract or standard agreement. Standard agreements are often used in the banking world, one of which is in banking credit agreements, as we all understand that the position of the customer is weaker than the bank, so it must be protected by law. In order to protect these interests, the customer is given protection contained in the Banking Act regulations as well as the Consumer Protection Act and its derivative regulations. Specifically, the credit agreement format as the standard agreement set out in Financial Services Authority Circular Number 13 / SEOJK.07 / 2014 Concerning Standard Agreements is that credit agreements that contain rights, obligations and requirements that are legally binding on customers, are required to use letters, writing, symbols, diagrams, signs, terms, readable phrases, and / or sentences simple ones in Indonesian that are easily understood by customers. This is in an effort to provide protection to customers and the regulatory and supervisory functions of the Financial Services Authority.

scholarly journals PRODUCT STANDARDIZATION THROUGH “SNI” AS A FORM OF CONSUMER PROTECTION IN INDONESIA

2020 ◽  
Vol 28 (1) ◽  
Author(s):  
Valensia Valensia ◽  
Tulus Sartono
Keyword(s):  
Consumer Protection ◽  
Research Method ◽  
Legal Protection ◽  
Conformity Assessment ◽  
Business Relationships ◽  
Legal Research ◽  
Consumer Protection Act ◽  
Product Standardization ◽  
Civil Lawsuits ◽  
The Law

Business relationships formed between consumers and business actors allow disputes to arise as a result of damage or defects and losses. This research will examine issues regarding the regulation of consumer legal protection of SNI compulsory products in Indonesia. The research method used is a normative legal research method. This research shows that legal protection for consumers can be created by the existence of regulations related to SNI obligations. Some arrangements that provide preventive protection to the interests of consumers, include Law No. 20 of 2014 concerning Standardization and Conformity Assessment and Law No. 8 of 1999 concerning Consumer Protection as an effort to protect the law for consumers. The law also protects consumers after an event has occurred against violations committed by business actors with acts of civil lawsuits, criminal suits, lawsuits using the Consumer Protection Act, as well as the imposition of sanctions on business actors.

scholarly journals Consumer Protection Law for Advertising Damage Based on the Value of Justice in Indonesia

2021 ◽  
Vol 04 (09) ◽  
Author(s):  
Made Warka ◽  
Keyword(s):  
Consumer Protection ◽  
Legal Protection ◽  
The State ◽  
Ethical Values ◽  
Legal Principles ◽  
Consumer Protection Act

Advertising is a means to offer a product or goods made attractive and influencing consumers based on norms in accordance with the Consumer Protection Act, but in practice, advertisements are often found that are detrimental and misleading consumers. The responsibility of the state in providing legal protection to consumers is a non-negotiable obligation. the existence of justice based on Pancasila which is conceptualized into legal principles is a condition sine quanon, because it contains moral and ethical values that direct the formation of laws that meet philosophical, sociological and juridical value.

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

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.

scholarly journals Une étude des tenants et aboutissants des articles 271 et 272 de la Loi sur la protection du consommateur

2005 ◽  
Vol 26 (3) ◽  
pp. 763-786
Author(s):  
Claude-René Dumais
Keyword(s):  
Consumer Protection ◽  
Case Law ◽  
Civil Code ◽  
Third Party ◽  
Unjust Enrichment ◽  
Consumer Protection Act ◽  
The Law ◽  
Reduction Of Costs

The new Consumer's Protection Act came wholly into force on April 30, 1981 under the title of Chapter P 41.1 of the Q.R.S., replacing and clarifying the former Consumer's Protection Act enacted in 1974 as Chapter 74. The new Act goes so far as to change some century-old rules of the Civil Code, including the law of proof, all in favour of a better deal for the consumer. In almost every case of abuse or violation of any section of the Act, the consumer must simply prove that the merchant violated one or more of its sections in order that penalties of sections 271 and 272 apply. The types of applicable penalties depend on the offence : Did the businessman simply overlook what the Act considers a mere formality ? Then the contract is voidable where a defence of lack of interest lies. Did the businessman contravene what the Act considers a fundamental right of the consumer? The consumer has a choice of remedies : — execution of the obligation by a third party ; — reduction of costs ; — annulment or resolution of the contract, the whole with a possible demand of damages, real and exemplary. The article explains the differences between form and substance as accepted by statute or case law, and the solutions applied. The correlation with other parts of the Civil Code, untouched by the Consumer Protection Act, is also studied, both in matters of proof, intent, and possible unjust enrichment of the consumer.

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. 

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