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

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).

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

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).

scholarly journals Perlindungan Konsumen Terhadap Penipuan yang dilakukan Broker Forex Ilegal

2021 ◽  
Vol 2 (2) ◽  
pp. 281-286
Author(s):  
I Made Aswin Ksamawantara ◽  
Johannes Ibrahim Kosasih ◽  
I Made Minggu Widyantara
Keyword(s):  
Foreign Exchange ◽  
Consumer Protection ◽  
Legal Protection ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Money Markets ◽  
Legal Sanctions ◽  
The Government ◽  
The Guardian

The phenomenon of Foreign Exchange (Forex) that runs in the investment sector and can help the development of Indonesia. Currently forex is a trend that is endemic and attracts the attention of many parties, both investors and the public in general. Foreign exchange or forex is a type of trade or transaction that trades the currency of a country against the currencies of other countries involving the main money markets in the world for 24 hours continuously, so in this case a legal protection is needed. The purpose of this research is to analyze legal protection in Forex transactions and legal sanctions imposed by the government on illegal Forex broker activities. This research uses a normative method that with a statutory approach. Sources of data used are primary data sources and secondary data sources. After primary legal data and secondary legal data are collected, the data will then be processed and analyzed using systematic legal data processing methods. The results showed that the alleged fraudulent investment fraud case under the guise of forex trading involved illegal brokers from the Guardian Capital Group (GCG) Asia, which harmed consumers. In line with that, the government issued a legal rule, namely Law No.8 of 1999 concerning Consumer Protection. The Consumer Protection Law that has been set by the government is the legal basis that is accurate and full of optimism in protecting consumer rights.

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

2019 ◽  
Vol 1 (2) ◽  
pp. 121-128
Author(s):  
Muhammad Ridho Al Hasymi Daulay ◽  
Utary Maharani Barus ◽  
Rafiqi Rafiqi
Keyword(s):  
Consumer Protection ◽  
Dispute Settlement ◽  
Legal Protection ◽  
Field Research ◽  
Illegal Drug ◽  
Marketing Authorization ◽  
Business People ◽  
Drug Products ◽  
Consumer Protection Act ◽  
Library Research

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.

scholarly journals Comparasion Of Insult Regulation Towards President/Vice President In The Decree of The Constitutional Court

2021 ◽  
Vol 2 (1) ◽  
pp. 27-38
Author(s):  
Robinsius Asido Putra Nainggolan
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Vice President ◽  
Criminal Code ◽  
Policy Formulation ◽  
Research Data ◽  
Constitutional Court ◽  
Court Judge ◽  
Library Research ◽  
The Government

The reform of criminal law in Indonesia, which has become one of the discourses, is the Article regarding insults to the President and Vice President in the 2019 RUUKUHP. The government re-included several articles of insulting the president in the Draft Criminal Code formulation, which the Constitutional Court deleted through Decision Number: 013.022/PUU IV/2006. So the problem in this research is how the policy formulation of offense against the President and Vice President is following the formulation of the RUUKUHP and how the comparison of articles on insulting the President and Vice President in the formulation of the Draft Criminal Code with the Constitutional Court Judge Decision No: 013.022/PUU IV/2006. The research method used is juridical normative based on secondary data through library research data collection and data analysis. The discussion results show that the policy for the formulation of offense against the President/Vice President following the formulation of the RUUKUHP is an effort to provide legal protection to the President/Vice President as a symbol in state life. Comparing articles regarding insults to the President and Vice President in the formulation of the RUUKUHP with the Constitutional Court Decision No: 013.022/PUUIV/2006 have both similarities and differences.

scholarly journals Law Enforcement by the Notary Supervisory Board for Violations Toward Law on Notary Position (in Padang City)

2019 ◽  
Vol 6 (3) ◽  
pp. 698
Author(s):  
Putri Annisa Aulia ◽  
Yuliandri Yuliandri ◽  
Azmi Fendri
Keyword(s):  
Decision Making ◽  
Supervisory Board ◽  
Legal Protection ◽  
Secondary Data ◽  
Empirical Method ◽  
Collective Decisions ◽  
The Government ◽  
Examination Process ◽  
High Sense

In living a life, humans realize that they cannot live alone but need other people and try to connect with others; in relation to legal certainty. One of them is carried out by the role of Notary. The role of Notary which is important in helping to create certainty and legal protection for the community is by issuing authentic deeds made before him/ her that serve as perfect evidence. Through the duties and responsibilities of a Notary, it is reasonable that the Notary is also under supervision. The purpose of supervision carried out by the authorities to the Notaries is that in carrying out their duties, the Notaries do not violate their positions. By the existence of Law No. 30 of 2004 concerning Notary Position and its implementing regulations, it clearly stipulates the responsibilities and obligations of the Notary Supervisory Board. Thus, in carrying out their position, Notaries must be guided by existing regulations so that they can carry out their positions properly. The problems in this study are about how the examination process carried out by the Notary Supervisory Board against the Notary who violated the Law on Notary Position and how the decision-making process by the Regional Supervisory Board in conducting an examination to the Notary. This paper applies the juridical empirical method by reviewing primary and secondary data which are analyzed qualitatively. To strengthen the results of the study, interviews with relevant parties in the research setting were held. Based on the results of the study, it is concluded that in conducting an examination of their profession colleagues who are involved in a case, Notary must have a high sense of integrity in which they must first override friendships in conducting the examination. In the examination of the Supervisory Board, parties from Notary elements also sometimes disagree with two other elements; i.e. the Supervisory Board from the Government and Academics. To achieve collective and collegial decisions, the three elements must equalize their perceptions or views so that collective decisions are made since there is no voting in decision making. This is carried out to avoid the defense action for colleagues which is carried out by the Supervisory Board from the Notary element.

scholarly journals Analisis Hukum Administrasi Terhadap Kebijakan Pemerintah Mengenai Pembebasan Biaya Sertifikasi Tanah Wakaf

2019 ◽  
Vol 2 (1) ◽  
pp. 1-18
Author(s):  
Islamiyati Islamiyati
Keyword(s):  
Government Regulation ◽  
Legal Protection ◽  
Secondary Data ◽  
Administrative Law ◽  
The State ◽  
Government Policies ◽  
Library Research ◽  
The Government ◽  
The Cost ◽  
Research Type

Abstrack The study analyzed Article 22 of Government Regulation Number 13 of 2010 concerning government policies for the exemption of waqf land certification fees according to state administrative law. The analyze focus on the reasons for the government to issue such policies in the perspective of the state administrative law. The research type of library research requires secondary data, which consists of primary, secondary and tertiary legal materials, normative juridical approaches, and qualitative data analysis. The results of the study explained that the government issued a policy of freeing the cost of waqf land certificates aimed at empowering waqf land so that its designation could be felt by the community, accelerating the legality of waqf land, protecting and securing and optimizing the benefits of waqf assets. This policy is an effort to understand waqf deeds which means worship and legal certainty. Government policy is the implementation of the function of the  state administrative law in creating a government that is clean and in accordance with the principles of good general governance, namely; the principles of legality, equality, justice, legal protection, wisdom, implementation of public interest, and acting meticulously. Key Words: State Administrative Law, Free of Cost, Endowments Land Certification Abstrak Penelitian menganalisis Pasal 22 Peraturan Peemrintah Nomor 13 Tahun 2010 tentang kebijakan pemerintah pembebasan biaya sertifikasi tanah wakaf menurut hukum administrasi negara. Menganalisis alasan pemerintah mengeluarkan kebijakan demikian dalam perspektif HAN. Jenis penelitian library research, memerlukan data sekunder, yang terdiri dari bahan hukum primer, sekunder dan tersier, pendekatannya yuridis normatif, dan analisis datanya kualitatif. Hasil penelitian menjelaskan bahwa pemerintah mengeluarkan kebijakan  membebaskan biaya sertifikat tanah wakaf bertujuan untuk memberdayakan tanah wakaf supaya peruntukannya dapat dirasakan masyarakat, percepatan legalitas tanah wakaf, melindungi dan mengamankan serta mengoptimalkan manfaat aset wakaf. Kebijakan ini adalah salah satu upaya memahami perbuatan wakaf yang bermakna ibadah dan berkepastian hukum. Kebijakan pemerintah merupakan implementasi fungsi HAN dalam menciptakan pemerintahan yang bersih dan sesuai asas pemerintahan umum yang baik, yakni; asas legalitas, kesamaan, keadilan, perlindungan hukum, kebijaksanaan, penyelenggaraan kepentingan umum, dan bertindak cermat. Kata Kunci: Hukum Administrasi Negara, Bebas Biaya, Sertifikasi Tanah Wakaf

scholarly journals JURIDIC ANALYSIS OF USED CLOTHES CONSUMER BASED ON ARTICLE 4 CONSUMER PROTECTION AND ISLAMIC LAW PERSPECTIVE

2020 ◽  
Vol 6 (2) ◽  
Author(s):  
Sugiharto Sugiharto ◽  
Andi Aina Ilmih
Keyword(s):  
Consumer Protection ◽  
Islamic Law ◽  
Negative Impact ◽  
Positive Impact ◽  
Legal Protection ◽  
Field Studies ◽  
Library Research ◽  
The Government ◽  
The Right ◽  
The Impact

This research focuses on the form of legal protection for used clothing consumers based on Article 4 of Law Number 8 of 1999 concerning consumer protection and analyzes the impact of the use of used clothing by the community in the city of Semarang, related to the Thaharah aspects in Islamic Law.To achieve this goal, researchers used a sociological juridical approach with data collection techniques in the form of library research and field studies by conducting direct interviews with relevant parties in connection with this research. The data obtained were then processed and analyzed by descriptive qualitative.The results showed that the form of legal protection for used clothing consumers in the Consumer Protection Act under Article 4, namely the right of consumers to get comfort, security, and safety. This is closely related to the obligations of business actors in providing true, clear and honest information about the conditions and guarantees of goods and/or services; and the need for guidance and supervision by the government. The impact caused by used clothing is negative impact and positive impact for used clothing consumers, both in terms of economic, social and public health in Indonesia. Although in an Islamic perspective, it is recommended that people prioritize aspects of thaharah (cleanliness) as Allah SWT requires every Muslim to purify in accordance with the criteria of Allah and His Prophet.

scholarly journals Perlindungan Hukum Terhadap Penetapan Status Covid-19 Pada Pasien Penyakit Umum Oleh Rumah Sakit Di Kota Medan

2021 ◽  
Vol 20 (2) ◽  
pp. 127-135
Author(s):  
Dewi Ervina Suryani
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Research Data ◽  
Hospital Personnel ◽  
Legal Research ◽  
Library Research ◽  
The Status ◽  
The Government ◽  
Materials Used

The government poured out the budget of trillions as a form of seriousness in handling the coronavirus outbreak which began to spread in Indonesia in the early of 2020. The amount of subsidized funds for the care of covid-19 patients provided by the government to hospitals is used by rogue hospital personnel to reap huge profits by convicting patients who are suffering from other diseases so that they have the status of covid-19 patients (not covid-19, sentenced to covid-19). This research is a type of normative legal research which is conducted by examining the library materials or secondary data. The secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials used in this study were obtained through books, government publications, internal organizational records, reports, journals, and various sites related to coronavirus. The secondary data obtained are then processed by using library research data collection techniques (library research). The study is then analyzed qualitatively through the descriptive analytical method, so that a general conclusion is obtained about the coronavirus. The results showed that the form of legal protection against the determination of Covid-19 status in patients with general illnesses by hospitals in Medan was in the form of compensation. This refers to the Law Number 8 of 1999 concerning Consumer Protection and Law Number 36 of 2009 concerning Health. Keywords: Legal Protection, Covid-19 

scholarly journals Criminal Liability For Placement Actors Illegal Female Labor

2021 ◽  
Vol 1 (12) ◽  
Author(s):  
Ibrahim Nainggolan
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Protection ◽  
Secondary Data ◽  
Equal Rights ◽  
Private Companies ◽  
Library Research ◽  
The Government ◽  
The One ◽  
The Right

The distribution of Indonesian workers carried out by individuals, not by the government or by official private companies distributing Indonesian workers, still occurs. The placement of workers in Indonesia abroad needs to be carried out in an integrated manner between government agencies, both central and regional and the participation of the community in a adequate legal products to provide maximum protection. The state is obliged to guarantee and protect the human rights of its citizens who work both at home and abroad based on the principles of equal rights, democracy, justice, social, gender equality, and anti-discrimination. know the criminal responsibility for individual perpetrators who participate in the placement of illegal female workers to Malaysia. This research is a normative legal research taken from secondary data in the form of library research. Based on the results of the study, it is understood that legal arrangements regarding legal practice have not been able to explain the doctrine of participating in criminal acts. On the one hand, participating in doing so is equated with acts together so that it does not distinguish between participating in committing as a form of participation and criminal acts in general. The target of the placement of workers is directed at placing workers in the right positions according to their expertise, skills, talents, interests and abilities by taking into account the dignity, rights, and legal protection.

scholarly journals PERLINDUNGAN HUKUM KONSUMEN LISTRIK PRABAYAR DI MAGELANG

2018 ◽  
Vol 13 (1) ◽  
pp. 27-37
Author(s):  
Siti Vickie Dina Maulaya Adhiansyah ◽  
Heniyatun Heniyatun ◽  
Puji Sulistyaningsih
Keyword(s):  
Electric Power ◽  
Consumer Protection ◽  
Legal Protection ◽  
Secondary Data ◽  
Analytical Description ◽  
Contact Center ◽  
Administrative Costs ◽  
Electricity Trading ◽  
The Government ◽  
Electrical Installation

Along with the development of technology, PT. PLN (Persero) has developed a product called "Prepaid Electricity".Prepaid electricity PT.PLN a new service for customers to manage power consumption,that came into effect in 2008. In the course of pre-paid electricity it turns out there is still a shortage of electricity that causes consumer complaints in Magelang. Based on the existing background, the authors are interested in researching it.The problem of this thesis research is:1) How is the agreement between the electrical installation of prepaid electricity in Magelang, (2) How does the legal protection prepaid electricity consumers in Magelang, (3) What efforts were made by consumers of electricity when harmed in the use of prepaid electricity in Magelang.The method used in the preparation of this paper uses normative juridical approach. The research material used by the authors consisted of primary legal materials, secondary and tertiary.The data used is secondary data, research specifications is a research-analytical description. This study using purposive sampling method with the research tools shaped open questionnaire respondents as many as 25 people in the area of prepaid electricity consumers Magelang, interviews with officials of PLN Area Magelang and related parties.Based on the research results showed that the electricity trading mechanism consists of a new installation of electric power, electric power changes and migration electricity. Legal protection prepaid electricity include: (1) The Power Purchase Agreement (SPJBTL), these agreements can be categorized as a standard contract.If the terms of consumer protection laws, clauses in SPJBTL still containing the exoneration clause, thus infringing the rights of consumers,2)Prepaid electricity rates are more expensive than postpaid electricity, this is caused by the electrical installation is not appropriate. Another factor that is coming into effect of the tariff adjustment is affected by the dollar exchange rate, crude oil prices and inflation, causing prices to fluctuate basic tariffs, (3) Their administrative costs and of street lighting tax (PPJ) charged to electricity consumers. Token purchase electricity online through bank services is what causes the emergence of administrative costs, because the bank as a company whose orientation also for profit. If the terms of consumer protection law, the imposition of administrative costs should be the responsibility of the PLN. While RPM is set by the government tax Magelang, PLN only as the tax collector, 4)Electricity consumers are not given the right to choose when it will perform a new installation or additional power, if the terms of consumer protection laws, the violation of consumer rights. Settlement of disputes in the area of prepaid electricity Magelang, completed with a direct way between PLN and consumers. Consumers are harmed can submit a complaint directly to PLN through the contact center "PLN 123”.In principle PLN Magelang emphasizes dispute resolution deliberation, to reaching an agreement and promote justice between PLN and consumers

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