scholarly journals PERLINDUNGAN HUKUM TERHADAP KONSUMEN YANG MENGALAMI KERUGIAN AKIBAT PENGIRIMAN BARANG OLEH PERUSAHAAN EKSPEDISI LAUT MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN

2021 ◽  
Vol 2 (01) ◽  
pp. 12-23
Author(s):  
Roida Nababan ◽  
Martono Anggusti ◽  
Sonya Lorensa Sirait
Keyword(s):  
Consumer Protection ◽  
Dispute Settlement ◽  
Road Traffic ◽  
Shipping Company ◽  
Legal Remedy ◽  
Peaceful Settlement ◽  
The Law ◽  
Settlement Of Disputes ◽  
Actual Price

The responsibility of the shipping company in reimbursing losses suffered by consumers in the delivery of goods resulting from damage to goods or loss of goods then looking for evidence that damage and loss of goods occur due to transportation of goods to the detriment of the consumer in accordance with Article 188 of Law No. 22 of 2009 concerning Road Traffic and Transportation and Article 1 number 1 of Law No.8 of 1999 concerning Consumer Protection. From the results of the study it can be concluded that first, if the goods transported are lost / stolen or damaged due to the fault of the transporting company, then he must be responsible. Second, the legal efforts undertaken by the consumer, namely the resolution of disputes outside the court, the peaceful settlement of disputes by the parties to the dispute is a legal remedy that was first attempted by the parties to the dispute, before the parties chose to settle the dispute through the Consumer Dispute Settlement Agency. The results of the study the authors provide advice to protect consumers, shipping companies responsible for compensation for goods / or services must be replaced with the actual price of goods in accordance with the law by looking at a written contract that is agreed between the business actor and the consumer.

scholarly journals Peran BPSK Dalam Menyelesaikan Sengketa Konsumen

2020 ◽  
Vol 6 (2) ◽  
Author(s):  
Anik Tri Haryani ◽  
Sarjiyati Sarjiyati ◽  
Yuni Purwati
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Dispute Settlement ◽  
Conceptual Approach ◽  
Resolution Process ◽  
Dispute Resolution Process ◽  
The Law ◽  
Settlement Of Disputes ◽  
Selection Of

Abstract— The purpose of this study is to analyze and explain the role of BPSK in resolving consumer disputes and analyze the dispute resolution process BPSK. This research used normative juridical approach to the law (statute approach) and the conceptual approach (conceptual approach). The results showed that in the implementation of consumer protection in Indonesia, BPSK is spearheading role in the field to provide protection to consumers who have been harmed. The protection afforded by BPSK to consumers is through the settlement of disputes between consumers and businesses, and also through the inclusion of supervision of any agreement or document that outlines the standard clause. While the dispute settlement process is done for the sake of the stages of the stages are as follows: stage request of the applicant, ie the consumer as plaintiff; pretrial stages, namely the selection of completion method; settlement of disputes based on the decision of the parties, especially mediation, conciliation, arbitration and the decision of the Assembly. Keywords—: Role; BPSK; consumer disputes.

scholarly journals International Law and dispute settlement mechanism

2016 ◽  
Vol 17 ◽  
Author(s):  
Carlos Ricardo Caichiolo
Keyword(s):  
International Law ◽  
21St Century ◽  
International Conflict ◽  
Dispute Settlement ◽  
Third Party ◽  
Dispute Settlement Mechanism ◽  
Peaceful Settlement ◽  
Feasible Solutions ◽  
Settlement Of Disputes ◽  
Settlement Mechanism

The DSM, or Dispute Settlement Mechanism, in the absence of a judicial body, is the closest representation of a supreme court or judicial institution in a regional bloc or other international organisation. The search for a peaceful settlement of disputes in the international arena had led to the development of the DSM during the 20th and into the 21st century. The DSM acts as an impartial third party, wherein it intervenes in any international conflict to offer feasible solutions for both sides.O MSC, ou Mecanismo de Solução de Controvérsias, na ausência de um órgão judicial, é a representação mais próxima de uma Corte Suprema ou de instituição judiciária em um bloco regionl ou em organização internacional diversa. A busca por um meio pacífico de solução de disputas no meio internacional levou à criação do MSC ao longo dos séculos XX e XXI. O MSC age como um terceiro imparcial, na medida em que ele intervém em conflitos internacionais com o intuito de ofertar soluções possíveis para as partes envolvidas.

scholarly journals KEWENANGAN BADAN PENYELESAIAN SENGKETA KONSUMEN DALAM MENANGANI SENGKETA ANTARA PT. SINAR MENARA DELI DENGAN SARI ALAMSYAH

2019 ◽  
Vol 2 (2) ◽  
pp. 392
Author(s):  
Samuel Samuel ◽  
Siti Nurbaiti
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Dispute Settlement ◽  
Secondary Data ◽  
District Court ◽  
Primary Data ◽  
Legal Research ◽  
Consumer Protection Act ◽  
The Law ◽  
The Republic

In principle, the resolution of consumer disputes can be pursued peacefully. through an alternative mediation dispute resolution. In Law Number 8 of 1999 concerning Consumer Protection and Regulation of the Minister of Trade of the Republic of Indonesia Number 6 / M-DAG / PER / 2017 concerning the Consumer Dispute Settlement Body does not impose limits on the authority of BPSK in handling and adjudicating a consumer dispute. However, in reality many times the decisions of the Consumer Dispute Settlement Body (BPSK) are submitted to the district court and stated that BPSK is not authorized to handle such disputes. How is the authority of the Consumer Dispute Resolution Board in handling disputes between PT. Sinar Menara Deli and Sari Alamsyah are the issues discussed. The method used in this research is descriptive normative legal research, using secondary data and primary data as supporting data with the law approach. The results of the study illustrate that BPSK is not authorized to handle disputes between PT. Sinar Menara Deli with Sari Alamsyah, because the business actors in this dispute have submitted a refusal to be resolved through BPSK and not achieving the requirements for consumer disputes. It is recommended that BPSK members pay more attention to the provisions in the Consumer Protection Act and other regulations concerning the Consumer Dispute Settlement Body.

International Law Concentrate

2021 ◽  
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
International Law ◽  
International System ◽  
Comprehensive Overview ◽  
Essential Information ◽  
Peaceful Settlement ◽  
Questions And Answers ◽  
The Law ◽  
Settlement Of Disputes ◽  
The Relationship ◽  
Domestic Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. International Law Concentrate provides a comprehensive overview of international law and includes key information, key cases, revision tips, and exam questions and answers. Topics covered include the nature of international law and the international system, sources of international law, and the law of treaties. The book also looks at the relationship between international and domestic law. It considers personality, statehood, and recognition, as well as sovereignty, jurisdiction, immunity, and the law of the sea. The book describes state responsibility and looks at peaceful settlement of disputes. Finally, it looks at the use of force and human rights.

10. Peaceful settlement of disputes

2019 ◽  
pp. 128-143
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
Dispute Settlement ◽  
General Assembly ◽  
International Court Of Justice ◽  
Peaceful Settlement ◽  
International Court ◽  
The Icj ◽  
Un General Assembly ◽  
The One ◽  
Settlement Of Disputes ◽  
Advisory Opinions

This chapter examines the means and methods relating to the peaceful settlement of international disputes. The UN Charter obliges States to resolve peacefully their disputes and suggests certain means for such settlement: on the one hand, diplomatic means, like negotiation, mediation, conciliation, or the ‘good offices’ of the UN Secretary-General and, on the other, legal methods, such as arbitration and recourse to the International Court of Justice (ICJ), which are binding. The ICJ exercises its jurisdiction over contentious cases only upon the consent of the parties to the dispute, which may be expressed through various forms (e.g. compromis or optional clause declaration). The ICJ may also render advisory opinions to questions of international law posed by the UN General Assembly, the Security Council, or other competent organs and organizations. The chapter also explains dispute settlement in the context of international investor–State arbitration and in the World Trade Organization.

12. The peaceful settlement of disputes

2017 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
Security Council ◽  
Dispute Settlement ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
Peaceful Settlement ◽  
International Court ◽  
Un Security Council ◽  
Settlement Of Disputes ◽  
Advisory Opinions ◽  
The Relationship

This chapter discusses some of the more relevant methods for peaceful dispute settlement. It begins by introducing a number of non-adjudicatory settlement mechanisms and providing a brief overview of the role played by the UN. It then discusses the adjudicatory means of settling disputes, including international arbitration; the competences and powers of the International Court of Justice; issues of access to the Court and the Court's jurisdiction in contentious cases; the power of the Court to issue provisional measures; the effects of the Court's decisions; the relationship between the Court and the UN Security Council; and the Court's competence to issue advisory opinions.

International Law Concentrate

2017 ◽  
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
International Law ◽  
International System ◽  
Comprehensive Overview ◽  
Essential Information ◽  
Peaceful Settlement ◽  
Questions And Answers ◽  
The Law ◽  
Settlement Of Disputes ◽  
The Relationship ◽  
Domestic Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. International Law Concentrate provides a comprehensive overview of international law and includes key information, key cases, revision tips, and exam questions and answers. Topics covered include the nature of international law and the international system, sources of international law, and the law of treaties. The book also looks at the relationship between international and domestic law. It considers personality, statehood, and recognition as well as sovereignty, jurisdiction, immunity, and the law of the sea. The book describes state responsibility and looks at peaceful settlement of disputes. Finally it looks at the use of force and human rights.

The Prohibition of the Use of Force and Non-Intervention

2016 ◽  
Author(s):  
Jean Michel Arrighi
Keyword(s):  
Member State ◽  
Dispute Settlement ◽  
Use Of Force ◽  
Member States ◽  
American States ◽  
Peaceful Settlement ◽  
Collective Self ◽  
History Of ◽  
Settlement Of Disputes ◽  
Self Defence

This chapter examines the principles governing relations among member states of the Organization of American States (OAS) as embodied in the OAS Charter, including reciprocal assistance, collective self-defence and defence of democracy, abstention from the use of force, peaceful settlement of disputes, and non-intervention in the affairs of another member state. It begins by looking at the history of disputes in the Americas, including those arising from border delimitation and demarcation issues, and early efforts to address them. It then discusses the adoption of the Inter-American Treaty of Reciprocal Assistance in 1947 and the establishment of the OAS, together with the adoption of the American Treaty on Pacific Settlement (‘Pact of Bogota’), in 1948. The chapter considers a number of cases in which the provisions embodied in the OAS Charter, particularly the use of force in dispute settlement, were applied.

An Appraisal of the Gulf Cooperation Council's Mechanisms for Co-operation and the Settlement of Disputes

2020 ◽  
Vol 10 (2) ◽  
pp. 321-345
Author(s):  
Abdulmalik M. ALTAMIMI
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Legal Analysis ◽  
Commercial Arbitration ◽  
Public International Law ◽  
Interstate Disputes ◽  
Basic Law ◽  
Peaceful Settlement ◽  
Arab League ◽  
Settlement Of Disputes

AbstractThis paper aims to provide a comprehensive legal analysis, reminding the reader of the missing roles and potential of the the Gulf Cooperation Council [GCC]. Interstate disputes threaten the very existence of the GCC. Moreover, they call into question the GGC's mechanisms for co-operation and for ensuring the peaceful settlement of disputes. For instance, the GCC's Charter, commercial arbitration rules, and the Basic Law of the Economic Judiciary Commission all provide provisions for peacefully settling disputes between GCC Member States and their citizens. GCC states are also members of the League of Arab States [Arab League], another important regional organization with dispute settlement procedures. However, GCC and Arab League judicial and quasi-judicial mechanisms have not been invoked to date, arguably because the states prefer a diplomatic settlement. This paper reviews the GCC's mechanisms for co-operation and dispute settlement, referencing public international law to formulate recommendations to reform the GCC.

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

Sign in / Sign up

Export Citation Format

Share Document