Fundamental Consumer Rights Under the Consumer Protection Act 68 of 2008: A Critical Overview and Analysis

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.

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Peranan Badan Pengawas Obat dan Makanan dalam Perlindungan Konsumen Terhadap Obat Racikan Apotek Tanpa Resep Dokter

Jurist-Diction ◽

10.20473/jd.v4i5.29835 ◽

2021 ◽

Vol 4 (5) ◽

pp. 2091

Author(s):

Zsalzsabella Putri Moudzie

Keyword(s):

Law Enforcement ◽

Consumer Protection ◽

Health Sector ◽

Drug Distribution ◽

Consumer Protection Act ◽

Plastic Packages ◽

Consumer Rights ◽

Comprehensive Information ◽

Product Withdrawal ◽

Administrative Sanctions

AbstractThe rise of pharmaceutical business actors, in this case, is a pharmacy, in selling concoction drugs without a doctor's prescription in several regions in Indonesia causing losses in consumers. Consumer protection is regulated in Act Number 8 of 1999 concerning Consumer Protection, then consumer rights in the health sector are recognized by Act Number 36 of 2009 concerning Health. Both of these regulations require that at least the consumer is guaranteed his right to use the drug, including comprehensive information related to the drug obtained at the Pharmacy. This is not heeded by a number of pharmacies in Indonesia who pack concoction drugs in plastic packages and do not meet the information standards that must be listed. BPOM as an institution that is given authority in law enforcement for drug distribution that is not in accordance with standards can take product withdrawal as well as administrative sanctions against business actors. In addition, the Consumer Protection Act provides a platform for consumers who are disadvantaged to be able to file liability through the Consumer Dispute Resolution Agency (BPSK).Keywords: BPOM; BPSK; Compounding Drugs; Consumer Protection.AbstrakMaraknya pelaku kegiatan usaha kefarmasian, dalam hal ini adalah apotek, dalam menjual obat racikan tanpa resep dokter di beberapa daerah di Indonesia menimbulkan kerugian-kerugian dalam diri konsumen. Perlindungan konsumen diatur dalam Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen, kemudian mengenai hak konsumen dalam bidang kesehatan diakui oleh Undang-Undang Nomor 36 Tahun 2009 tentang Kesehatan. Kedua peraturan tersebut mengharuskan setidaknya konsumen terjamin hak nya dalam penggunaan obat, termasuk pula informasi lengkap terkait obat yang didapatkan di Apotek. Hal ini tidak diindahkan oleh beberapa apotek di Indonesia yang mengemas obat racikan dalam kemasan plastik dan tidak memenuhi standar informasi yang harus dicantumkan. BPOM sebagai lembaga yang diberi kewenangan dalam penegakan hukum terhadap peredaran obat yang tidak sesuai dengan standar dapat melakukan tindakan penarikan produk serta sanksi administratif kepada pelaku usaha. Selain itu, UU Perlindungan Konsumen memberikan wadah bagi konsumen yang dirugikan untuk dapat mengajukan pertanggung gugatan melalui Badan Penyelesaian Sengketa Konsumen (BPSK).Kata Kunci: BPOM; BPSK; Obat Racikan; Perlindungan Konsumen.

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Analysis of Islamic Law on Consumer Protection in Hajj and Umrah Business in Indonesia

AL- ADALAH ◽

10.24042/adalah.v18i1.7533 ◽

2021 ◽

Vol 18 (1) ◽

Author(s):

Rahmi Dewanty Palangkey ◽

Kasjim Salenda ◽

Marilang Marilang ◽

A Qadir Gassing ◽

Huilili YuXi ◽

...

Keyword(s):

Consumer Protection ◽

Islamic Law ◽

Legal Protection ◽

Secondary Data ◽

Primary Data ◽

Travel Agency ◽

Consumer Protection Act ◽

Consumer Rights ◽

Travel Agencies

This research is motivated by the failure of thousands of Umrah pilgrims to go to Mecca since 2017 but do not get their rights as consumers. Several facts prove that although regulations related to Hajj and Umrah organizers as well as the Consumer Protection Act have explicitly regulated consumer rights, in reality the pilgrims who are victims of hajj and umrah travel agency fraud are still not getting consumer protection. This research is a descriptive qualitative research using a normative juridical approach. Sources of data used in this study are primary data and secondary data obtained from interviews and document studies. This study concludes that the presence of Law No. 8 of 2019 concerning the Implementation of Hajj and Umrah contains the spirit of upholding consumer protection in the Hajj and Umrah business. However, its success is largely determined by the extent to which the regulator empowers internal supervisors to prevent irresponsible practices of hajj and umrah travel agencies. On this side, unfortunately, the role of guidance, supervision and legal protection carried out by the Indonesian Ministry of Religion as a regulator in protecting Hajj and Umrah pilgrims seems to be still at a very low level.

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Fundamental Consumer Rights Under the Consumer Protection Act 68 of 2008: A Critical Overview and Analysis

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ◽

10.17159/1727-3781/2010/v13i3a2692 ◽

2017 ◽

Vol 13 (3) ◽

pp. 301

Author(s):

Wenette Jacobs ◽

Philip N Stoop ◽

René Van Niekerk

Keyword(s):

South Africa ◽

Consumer Protection ◽

Common Law ◽

Fair Value ◽

Wide Field ◽

Business Practices ◽

Consumer Protection Act ◽

Consumer Rights ◽

The Common ◽

The Government

South Africa was in need of a comprehensive framework of legislation, policies and government authorities to regulate consumer-supplier interaction. The Consumer Protection Act 68 of 2008, which was signed by the President of the Republic of South Africa on 29 April 2009 and published in the Government Gazette on 29 April 2009, now provides an extensive framework for consumer protection and aims to develop, enhance and protect the rights of consumers and to eliminate unethical suppliers and improper business practices. Certain areas of the common law regarding consumer rights have been codified by the Act and certain unfair business practices that were previously unregulated are now governed by the Act. The Act has a wide field of application. It applies to every transaction occurring within South Africa for the supply of goods or services or the promotion of goods or services and the goods or services themselves, unless the transaction is exempted from the application of the Act. The Act also specifically regulates aspects of franchise agreements. In terms of the Act, consumers obtain several new rights and some existing rights are broadened and reinforced. These rights are: the right to equality in the consumer market; privacy; choice; disclosure and information; fair and responsible marketing; fair and honest dealing; fair, just and reasonable terms and conditions; and fair value, good quality and safety. The last right in terms of the Act deals with a supplier's accountability to consumers. The authors critically analyse and discuss these rights. It is clear that the Act is written in favour of the consumer. Various provisions of the Act make inroads into the common-law position to strengthen the position of the consumer vis-à-vis the supplier and suppliers are undoubtedly facing an onerous task to prepare to comply, and eventually attempt to comply, with the Act. Although the Act has its own interpretation clause, which provides that it must be interpreted in a manner that gives effect to the purposes of the Act, the Act poses many uncertainties and interpretational and practical challenges. Many questions are therefore raised, some of which remain unanswered. These questions illustrate some of the uncertainties concerning the scope and possible interpretation of the fundamental consumer rights.

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An Analysis of the Dispute Settlement Mechanism under the Consumer Protection Act 68 of 2008

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ◽

10.17159/1727-3781/2012/v15i5a2526 ◽

2017 ◽

Vol 15 (5) ◽

pp. 319 ◽

Cited By ~ 1

Author(s):

Yeukai Mupangavanhu

Keyword(s):

Consumer Protection ◽

Dispute Settlement ◽

Forum Shopping ◽

Dispute Settlement Mechanism ◽

Essential Component ◽

Consumer Protection Act ◽

Consumer Rights ◽

Settlement Mechanism ◽

Do So

This article critically analyses the provisions of the Consumer Protection Act 68 of 2008, which deals with the enforcement of consumer rights. The Act provides for various forums where consumers can seek redress in cases where their rights have been infringed, impaired or threatened. The article demonstrates that the consumer redress mechanism is an essential component of the Act. However, it argues that having various forums to do so may pose practical challenges, as this may cause confusion and may lead to forum-shopping in cases where an aggrieved consumer has to choose the appropriate forum to seek redress. It is proposed that section 52 should be amended and that section 69 should be purposively and narrowly interpreted to ensure that the consumer protection institutions are exhausted before approaching the ordinary courts.

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Perlindungan Hukum terhadap Konsumen dalam Transaksi E-Commerce

Melayunesia Law ◽

10.30652/mnl.v1i1.4497 ◽

2017 ◽

Vol 1 (1) ◽

pp. 111

Author(s):

Heldia Natalia

Keyword(s):

Consumer Protection ◽

Related Research ◽

Normative Approach ◽

Consumer Protection Act ◽

Consumer Rights ◽

The Law ◽

The Government

Abstract Law protection of the consumer stipulated in Law No. 8 of 1999. In connection with this, in this thesis raised two issues, namely first, whether the Law No. 8 of 1999 on Consumer Protection has provided protection to the consumer in e-commerce transactions. Second, how the law protection for consumers in e-commerce transactions that should be regulated in the Consumer Protection Act. The methodology is used in this study using a normative approach because it is a law research aimed at writing regulations that are closely related research at the library that need data that is secondary. The conclusion of the research is Law No. 8 of 1999 has not been able to protect the consumer because of the provisions contained in this Law not accommodate consumer rights in this transaction. The Government should make a revision of Law No. 8 of 1999 so that it can protect not only conventional transactions but also e-commerce transactions.Abstrak Perlindungan hukum terhadap konsumen diatur dalam Undang-Undang Nomor 8 Tahun 1999. Sehubungan dengan hal tersebut, dalam tesis ini diangkat dua permasalahan yaitu Pertama, apakah UU Nomor 8 Tahun 1999 tentang Perlindungan Konsumen telah memberikan perlindungan terhadap konsumen dalam melakukan transaksi e-commerce. Kedua, Bagaimana perlindungan hukum terhadap konsumen dalam transaksi e-commerce yang seharusnya diatur dalam UU Perlindungan Konsumen. Metodologi yang dipakai dalam penelitian ini menggunakan pendekatan normatif karena merupakan penelitian hukum yang ditujukan pada peraturan-peraturan tertulis sehingga penelitian ini sangat erat hubungannya pada perpustakaan yang membutuhkan data-data yang bersifat sekunder. Kesimpulan dari penelitian yang dilakukan adalah UU No 8 Tahun 1999 belum dapat melindungi konsumen karena ketentuan-ketentuan yang tercantum dalam hukum ini belum mengakomodirhak-hak konsumen dalam transaksi ini. Pemerintah seharusnya merevisi Undang-Undang Nomor 8 Tahun 1999 supaya dapat melindungi bukan hanya transaksi konvensional tetapi juga transaksi e-commerce.

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Strengthening Consumer Rights: The Advent of Consumer Protection Act, 2019

SSRN Electronic Journal ◽

10.2139/ssrn.3630775 ◽

2019 ◽

Author(s):

Vipan Kumar ◽

Adya Sharma

Keyword(s):

Consumer Protection ◽

Consumer Protection Act ◽

Consumer Rights

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Perlindungan Terhadap Konsumen Dalam Jual Beli Rumah Melalui Developer di Kota Denpasar

VYAVAHARA DUTA ◽

10.25078/vd.v14i2.1240 ◽

2020 ◽

Vol 14 (2) ◽

pp. 18

Author(s):

Ni Putu Yunika Sulistyawati ◽

Ni Made Yuniari ◽

I Nyoman Agus Trisnadiasa

Keyword(s):

Human Resources ◽

Consumer Protection ◽

Legal Protection ◽

Consumer Protection Act ◽

Consumer Rights ◽

The People ◽

Empirical Level ◽

Made In

The results of research entitle the protection of consumers in buying and selling houses through developers in Denpasar is only limited on minor damages when the guarantee given by the developer, in the case of buying and selling houses through developers in Denpasar concerning the issue of consumer rights both safety, comfort and security in occupy housesthat are purchased through the Developer. As for the resolution of the problem between the developer and the consumer in Article 52 of Law Number 8 of 1999 concerning Consumer Protection and the absence of a settlement in the court institution. In the empirical level, the solution is choosing a consensus and if there is no agreement between the two parties, then asking help from the Notary as the mediator is needed. The constraints faced by developers and consumers in resolving disputes of law No. 8 of 1999 concerning consumer protection, namely the constraints faced by socio-juridical namely due to the lack of understanding of consumers and developers toward the existence of the Consumer Protection Act, andthe lack of socialization in the community about the existence of the Consumer Protection Act. In this case, the non-juridical constraints due to the lack of human resources, both those that are on the developer and the consumers, beside that the facilities and devices do not support it. Therefore, the efforts would be made in order to be able to resolve the problem of housing consumer dispute in Denpasar. Another obstacle is the lack of consumers’ aspirations in choosingthe resolution ofthe consumer dispute until the judicial route. The efforts that is made both by developers and consumers in dealing with obstacles in the settlement of buying and selling houses through developers, namely: legal protection for the people. It is divided into 2, Preventive Efforts (Preventive) and Refressive efforts.

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

Jurnal Hukum Adigama ◽

10.24912/adigama.v1i1.2202 ◽

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.

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CONSUMER AWARENESS AMONG COLLEGE STUDENTS

International Journal of Research -GRANTHAALAYAH ◽

10.29121/granthaalayah.v5.i6.2017.2020 ◽

2017 ◽

Vol 5 (6) ◽

pp. 223-230

Author(s):

Kangkana Chaudhury

Keyword(s):

College Students ◽

Consumer Protection ◽

Age Groups ◽

The State ◽

Consumer Awareness ◽

Consumer Protection Act ◽

Consumer Rights ◽

Awareness Level ◽

State Board

Right from birth each and every one of us becomes a consumer but people hardly know about the rights and responsibilities they have as a consumer. There is a great need for awareness regarding consumer rights, responsibilities and the grievance handling machinery among people of all age groups. This paper aims at knowing the awareness level of students regarding the same and also spread awareness in the attempt. The protection against exploitation and unscrupulous activities of the manufacturers and traders provided by law is equal for each one of us. Then why is it that the Consumer Protection Act, 1986 is included in the Higher Secondary and Degree syllabus of Commerce stream only? This paper intends at putting forward the suggestion of the inclusion of Consumer Protection Act in Higher Secondary/ Degree syllabus of all streams of the State Board/ University so as to help build a nation of responsible citizens who can lead a secured life, away from the evil intentions of traders. After all, an aware consumer is a safe consumer.

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