scholarly journals Perlindungan Hukum Terhadap Konsumen Pembeli Makanan Berbuka Puasa yang Mengandung Bahan Pengawet dan Bahan Pemanis Buatan (Kajian UU No. 8 Tahun 1999)

2020 ◽  
Vol 1 (1) ◽  
pp. 35-46
Author(s):  
Wahid Yaurwarin
Keyword(s):  
Consumer Protection ◽  
Legal Protection ◽  
Legal Regulations ◽  
Legal Certainty ◽  
The Public ◽  
Is Research ◽  
Positive Law ◽  
Consumer Rights ◽  
Consumer Safety ◽  
The Government

Abstrak   Law No. 8 of 1999 concerning consumer protection, in Article 1 paragraph 1 explains that consumer protection is any effort that guarantees legal certainty to provide protection to consumers. And one form of protection for consumers, in accordance with Law No. 8 of 1999 this form of Consumer Protection, is the protection of consumer safety in consuming food and drinks containing preservatives and artificial sweeteners. The purpose of this paper is the author wants to inform the public, especially consumers who usually buy food and drinks during the fasting month or friendly month and to break the fast, that there are legal regulations that protect their rights as consumers namely Law Number 8 of 1999. This research uses a normative juridical approach, based on statute (statute aproach), specifically Law Number 8 of 1999 concerning Consumer Protection, which is research focused on examining the application of rules or norms in positive law. The conclusion of this paper is that with the birth of Law No. 8 of 1999 concerning Consumer Protection, it is an attempt by the government to provide protection to consumers based on the existence of a number of consumer rights that need to be protected from actions that might be detrimental to other parties. These rights are fundamental and universal in nature so they need to get guarantees from the State for their fulfillment. Keywords: Legal Protection, Consumer Food Buyer

scholarly journals TANGGUNG JAWAB AGEN DISTRIBUTOR ATAS PEREDARAN OBAT KUAT IMPORT TANPA IZIN EDAR DITINJAU DARI UNDANG-UNDANG PERLINDUNGAN KONSUMEN

2019 ◽  
Vol 2 (1) ◽  
pp. 1039
Author(s):  
Septyani Roby Hartanty ◽  
Susanti Adi Nugroho
Keyword(s):  
Consumer Protection ◽  
Legal Protection ◽  
Illegal Drugs ◽  
Legal Basis ◽  
The Public ◽  
Consumer Rights ◽  
The Government

Law Number 8 of 1999 about Consumer Protection on this matter covers consumer rights and business responsibilities. This study discusses the responsibility for efforts made to fulfill customer rights for information and benefits of imported drugs without marketing permits and also related to licensing regarding permits for consumers who need funds for imported drugs. Legal protection for consumers of illegal drugs carried out by the government through the Food and Drug Supervisory Agency (BPOM). With the presence of BPOM, the government has supervised. Employers are responsible for the makers of goods because they carry out imported goods or official importers. Therefore, businesses that represent individuals must be responsible for losses that arise only as importers not as producers of these goods. Therefore, the legal basis that can be requested by consumers as a form of accountability proposed for drug business assistance is court punishment as regulated by article 62 paragraph 1 of the UUPK. This study gives an appeal to the public to be more careful in taking medicines should be on the advice of a doctor or pharmacist and should not be tempted easily by the promotions offered because drugs containing BKO can be used.

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 PRODUK MAKANAN TIDAK SESUAI SPESIFIKASI BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN

Yustitia ◽  
2021 ◽  
Vol 7 (1) ◽  
pp. 121-135
Author(s):  
Saefullah Yamin ◽  
Sari Arta Uli Sihaloho
Keyword(s):  
Rule Of Law ◽  
Consumer Protection ◽  
Legal Protection ◽  
Food Products ◽  
Developed Countries ◽  
Legal Regulations ◽  
The Rule Of Law ◽  
Consumer Rights ◽  
Library Research ◽  
Good Food

Consumer Protection is a form of legal protection given to consumers in their efforts to meet their needs from things that can harm the consumers themselves. Therefore, talking about consumer protection means questioning guarantees or assurances about the fulfillment of consumer rights. In the legal field, this term is still relatively new, especially in Indonesia, while in developed countries consumer protection is discussed along with the development of industry and technology. In this study formulate the problem of how the legal protection of consumers for defective food products and how the responsibility of business actors for defective food products. The research method used is a normative juridical approach with data collection techniques through library research, both primary legal materials, namely reference books and regulations related to consumer protection, secondary legal materials, and tertiary legal regulations. The purpose of this study is to find out how the legal protection of consumers for defective food products and describe how the responsibility of business actors for defective food products. The theory used in this study uses the rule of law theory and the theory of legal protection. In this study, it can be concluded that consumers' rights are protected against products that are not in accordance with what they should be. In the case of sausages containing maggots, it is hoped that business actors or PT. So Good Food compensates for losses and improves quality control in producing its products.

scholarly journals LEGAL PROTECTION OF PHARMACY TAKES A PHARMACY CARE IN THE EVENT OF EMERGENCY

2020 ◽  
Vol 1 (1) ◽  
pp. 55
Author(s):  
Ardiyansyah Ardiyansyah
Keyword(s):  
Emergency Services ◽  
Legal Protection ◽  
Professional Standards ◽  
Professional Service ◽  
Legal Certainty ◽  
The Public ◽  
Care Services ◽  
The Law ◽  
The Government ◽  
Service Standards

The legal protection of pharmacists is very important, because if there is no legal protection in carrying out pharmaceutical practices by a pharmacist it will become an obstacle in the running of pharmaceutical services to the public, especially with the new concept of pharmacy services at home (home pharmacy care). The instrument has not been regulated in the law so that the pharmacist profession is vulnerable to criminalization. The problem in this paper is (a) how is the legal protection of pharmacists in conducting home pharmacy care in the emergency services outside in their authority? How do you prevent the criminalization of pharmacists in conducting home pharmacy care? This study uses an empirical juridical and normative juridical approach. The results showed that the legal protection of pharmacists in carrying out home pharmacy care services in the emergency can carry out services outside their authority. The Indonesian Pharmacist Association (IAI) is obliged to provide protection to members as long as they carry out their duties in accordance with professional standards, professional service standards and operational procedure standards, and prevent the criminalization of pharmacists in practicing Home Pharmacy Care services. Suggestions by the authors in this study is expected the government to immediately issue a new law related to the validity of pharmacist activities in conducting home pharmacy care so that the existence of the law will guarantee legal certainty.

scholarly journals UPAYA PERLINDUNGAN HUKUM PADA KONSUMEN DALAM TRANSAKSI E-COMMERCE UNTUK MENDUKUNG PERTUMBUHAN EKONOMI DIGITAL DI INDONESIA

2017 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
Tetanoe Bernada
Keyword(s):  
Virtual World ◽  
Legal Protection ◽  
Legal Certainty ◽  
Business Transaction ◽  
Rights Protection ◽  
Legal Problems ◽  
Consumer Rights ◽  
Bargaining Position ◽  
Economic Slowdown ◽  
The Government

The business transaction method has changed, from “real world” to virtual world.  This phenomenon provokes many legal problems for consumers where consumers often do not have a strong bargaining position and have a weak position. The e-commerce industry in Indonesia grows rapidly in the middle of economic slowdown pace. The value of e-commerce in Indonesia in 2016 is estimated to reach 30 billion US dollars or equivalent to Rp 395 trillion. The figure is predicted to rise to 130 billion US dollars or equivalent to Rp 1.714 trillion in 2020. The government should regulate the legal protection for consumer especially based on its actualization and urgency. The aim of this protection is to fulfill legal certainty which is needed both for business transaction and consumer rights protection. Furthermore, the legal protection of consumer rights in e-commerce should be given in whole aspects of law both simultaneous and comprehensive protection.Keywords: legal protection efforts, consumers, e-commerce

scholarly journals UPAYA PERLINDUNGAN HUKUM PADA KONSUMEN DALAM TRANSAKSI E-COMMERCE UNTUK MENDUKUNG PERTUMBUHAN EKONOMI DIGITAL DI INDONESIA / LEGAL PROTECTION FOR E-COMMERCE TRANSACTION’S CONSUMERS TO SUPPORT THE DIGITAL ECONOMY GROWTH IN INDONESIA

2017 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
Tetanoe Bernada
Keyword(s):  
Virtual World ◽  
Legal Protection ◽  
Legal Certainty ◽  
Business Transaction ◽  
Rights Protection ◽  
Economy Growth ◽  
Consumer Rights ◽  
Bargaining Position ◽  
Economic Slowdown ◽  
The Government

Adanya perubahan cara  transaksi  dalam  dunia  bisnis dari dunia nyata ke  dunia  virtual, telah  melahirkan berbagai macam permasalahan hukum baru bagi konsumen dalam e-commerce, dimana  konsumen  sering  tidak  memiliki  posisi  tawar  yang  kuat  dan menempatkan konsumen dalam posisi yang lemah. Pertumbuhan industri e-commerce di Indonesia semakin pesatmeskipun laju ekonomi tanah air tengah mengalami perlambatan. Nilai e-commerce di Indonesia pada tahun 2016 diperkirakan dapat mencapai 30 miliar dollar AS atau setara Rp 395 triliun. Angka tersebut diprediksi naik menjadi 130 miliar dollar AS atau setara Rp 1,714 triliun pada 2020 mendatang.Suatu negara harus  mengatur  perlindungan hukum terhadap konsumen, didasarkan  pada pertimbangan aktualitas dan urgensinya, untuk  menciptakan tingkat kepastian  yang  diperlukan dalam  transaksi  bisnis  dan  melindungi hak-hak konsumen  transaksi e-commerce. Perlindungan hukum terhadap hak-hak konsumen dalam transaksi e-commerce  tidak  dapat  diberikan oleh satu aspekhukum saja, melainkan oleh suatu  sistem hukum yang mampu memberikan perlindungan yang simultan dan  komprehensif. The business transaction method has changed, from “real world” to virtual world.  This phenomenon provokes many legal problems for consumers where consumers often do not have a strong bargaining position and have a weak position. The e-commerce industry in Indonesia grows rapidly in the middle of economic slowdown pace. The value of e-commerce in Indonesia in 2016 is estimated to reach 30 billion US dollars or equivalent to Rp 395 trillion. The figure is predicted to rise to 130 billion US dollars or equivalent to Rp 1.714 trillion in 2020. The government should regulate the legal protection for consumer especially based on its actualization and urgency. The aim of this protection is to fulfill legal certainty which is needed both for business transaction and consumer rights protection. Furthermore, the legal protection of consumer rights in e-commerce should be given in whole aspects of law both simultaneous and comprehensive protection.

scholarly journals Perlindungan Konsumen terhadap Tindakan Pemadaman Listrik yang Dilakukan Secara Sepihak oleh PT. PLN (Persero) UP3 Bali Selatan

2021 ◽  
Vol 2 (3) ◽  
pp. 463-468
Author(s):  
I Gede Dharma Kusuma ◽  
I Nyoman Putu Budiartha ◽  
Lda Ayu Putu Widiati
Keyword(s):  
Legal Protection ◽  
Field Research ◽  
Secondary Data ◽  
Empirical Method ◽  
Power Outages ◽  
Power Outage ◽  
The Public ◽  
Positive Law ◽  
The Government ◽  
Field Workers

Circumstances that make people complain about the services provided by PLN are power outages without prior notification. The number of public complaints related to power outages has forced PLN to be confused in fixing the organizational structure, especially in the coordination sector between workers. The purpose of this research is to reveal the legal protection arrangements for consumers of electricity users at PT. PLN (Persero) UP3 as well as legal remedies that can be taken by consumers using electricity in the event of a power outage unilaterally by PT. PLN Persero UP3 South Bali. This research method uses an empirical method with a statutory approach and a case approach. Data collection techniques were carried out by means of field research by applying the interview method. Sources of data used in the form of primary and secondary data sources. The data analysis technique was carried out systematically. The results of the research reveal that the government in terms of providing protection to the public to obtain electricity supply is sufficient to make consumer protection regulations in which there are consumer rights and obligations to obtain justice and are obliged to make appeals from the government in an effort to prevent criminal acts in accordance with positive law in force in Indonesia. The government is dealing with field workers from PLN who intentionally or unintentionally do not notify the public of this rotating power outage and PLN should give a warning to its workers who do not carry out orders according to the SOPs applicable in the company.

scholarly journals COMPARISON OF LEGAL CONSUMER PROTECTION SYSTEMS IN E-COMMERCE TRANSACTIONS TO SUPPORT DIGITAL ECONOMIC GROWTH IN INDONESIA

2021 ◽  
Vol 12 (1) ◽  
pp. 39
Author(s):  
Fajar Sugianto ◽  
Ellora Sukardi ◽  
Tomy Michael
Keyword(s):  
Economic Growth ◽  
Consumer Protection ◽  
Legal Protection ◽  
Legal Regulations ◽  
Legal Research ◽  
Business Transactions ◽  
Cross Border ◽  
Consumer Rights ◽  
Bargaining Position ◽  
Protection Systems

The e-commerce industry in Indonesia is growing rapidly amidst the slowdown in the country's economy. Moreover, most of the e-commerce business players in Indonesia are small, micro, and medium scale (SME). Consumers in e-commerce transactions have a greater risk of loss than business actors or merchants. In other words, consumer rights in e-commerce transactions are very vulnerable, so that consumers in e-commerce transactions are in a very weak bargaining position. The importance of a country regulating legal protection for consumers is generally based on considerations of its actuality and urgency. Legal regulations for e-commerce transactions are designed to create the level of certainty needed in business transactions and to protect consumers in e-commerce transactions in order to support the growth of the digital economy in Indonesia. Current legal protection regulations for consumers in Indonesia have not been able to protect consumers in cross-border e-commerce transactions. In e-commerce transactions, there are no national borders. The consumer protection laws of each country, such as those of Indonesia, are not sufficiently helpful because e-commerce operates across borders. This type of research is normative legal research that uses statutory regulations.

scholarly journals The accountability of the Criminal Case Relating to the Act made by Act No. 2 of 2014

Jurnal Akta ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 405
Author(s):  
Danar Setyo Wibowo ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Legal Protection ◽  
Criminal Case ◽  
Legal Certainty ◽  
Public Officials ◽  
The Public ◽  
The Government

Notaries are public officials appointed by the government to help the public make the agreements which are or appear in public. The purpose of the presence of a written agreement is to ensure legal certainty of the stakeholders of the agreement. The written agreement made before a notary deed called. Atka could be used as evidence if there is a dispute between the parties to the dispute, with the explanation of the importance of this function in tulisakan act until the regulations of Law No. 2 of 2014Keywords: notary; Responsibility for crime; legal protection

scholarly journals Pendekatan Holistik Transportasi Berbasis Aplikasi dalam Kerangka Hukum Perlindungan Konsumen

2019 ◽  
Vol 31 (1) ◽  
pp. 45
Author(s):  
Agus Suwandono
Keyword(s):  
Consumer Protection ◽  
Public Transport ◽  
Research Method ◽  
Legal Protection ◽  
Legal Certainty ◽  
The Government ◽  
Other Consumers

AbstractRegulations of transportation based applications still get a rejection, while the government as the regulator may concern to provide protection for public transport providers and consumers. This research method is the juridical normative with descriptive analytical specifications. The results showed that the regulations of the transportation-based application should pay attention to the interests of consumers, businessperson and the government. In addition, there are no regulation abaut ojek online causes the absence of legal certainty to the existence of ojek online. Legal protection of the consumer transportation based applications in some aspects have fulfilled this aspect of consumer protection, by remaining attentive to the rights of other consumers. IntisariPengaturan transportasi berbasis aplikasi masih saja mendapatkan penolakan, sementara pemerintah selaku regulator berkepentingan untuk memberikan perlindungan bagi angkutan konvensional dan konsumen. Penelitian ini bersifat yuridis normatif dengan spesifikasi deskriftif analitis. Hasil penelitian menunjukkan bahwa pengaturan transportasi berbasis aplikasi harus memperhatikan kepentingan konsumen, pelaku usaha dan pemerintah. Selain itu, tidak diaturnya ojek online menyebabkan tidak adanya kepastian hukum terhadap keberadaan ojek online. Perlindungan hukum terhadap konsumen transportasi berbasis aplikasi dalam beberapa aspek telah memenuhi aspek perlindungan konsumen, dengan tetap memperhatikan hak-hak konsumen yang lainnya.

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